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HomeMy WebLinkAbout01-2714 KELLY REBECCA YINGST, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : v~. : NO. {)i-~'~lb~ CIVIL ; RUSSELL WILLIAM YINGST, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief t'equested by the plaintiff. You may lose money or property or other rights important to you. 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 PA 17013 (717) 249-3166 1-800-990-9108 KELLY REBECCA YINGST, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. ~l- ~ ?~/CIVIL : RUSSELL WILLIAM YINGST, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania, 17013-3387. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor fi~om this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KELLY REBECCA YINGST, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. ol-~qt¥ CIVIL ; RUSSELL WILLIAM YINGST, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(e) OF THE DIVORCE COD AND NOW, comes the Plaintiff, KELLY REBECCA YINGST, by and through her counsel, S-~n Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is KELLY REBECCA YINGST, an adult individual, who currently resides at 419 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. The Plaintiffhus resided in Cumberland County for over fifteen (15) years. 2. Defendant is RUSSELL WILLIAM YINGST, un adult individual, who currently resides at 308 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania, i 7065. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintlffand Defendant were lawfully married on May ! 7, 1997. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised of the availability ofcounseling and of the right to request that the court require the parties to participate in counseling. Plaimiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant was a member of the United States Military Services. 9. Plaintiffand Defendant have one (I) child from their man'iage, BLAKE MITCHELL YINGST, born July 9, 1999. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(¢~ OF THE DIVORCE CODE 10. Paragraphs I through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiffbelieves Defendant may also file WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, KELLY REBECCA YINGST, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT H - REOUEST FOR EOUIT.ARi.I~. DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502¢a} OF THE DIVORCE CODIC. 12. Paragraphs I through I 1 of this Complaim are incorporated herein by reference thereto. 13. The Plaintiffrequests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, KELLY REBECCA YINGST, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Cede. COUNT 111 - REOUEST FOR CONFIRMATION OF CUSTODY UNDER SEC'I'IONS 3104fa)f2) and 3323fb) OF THE DIVORCE COD~; 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following unemancipated child who resides with the Plaintiff: NAME AOE SEX DATE OF BIRTH BLAKE MITCHELL YINGST 22 months Male July 9, 1999 16. During the past five (5) years the child has resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM / TO Plalntiffand Defendant 419 North Walnut Street, Birth to April 13, 2001 Mt. Holly Springs, PA Plaintiff 419 North Walnut Street April 13, 2001 Io present Mt. Holly Springs, PA 17. Plalntiffhas not participated in any other litigation concerning the child in this or any other state. 18. There are no other proceedings pending involving custody of the child in this or any other state. i 9. Plaintiff knows of no person not a part7 to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 20. The best interests o£the child will be served if both Plaintiff and Defendant have Shared Legal Custody, with Plaintiff having Primary Physical Custody and Defendant having Partial Physical Custody of their child. WHEREFORE, Plaintiff, KELLY REBECCA YINGST, respectfully requests that, pursuant to Sections 3104(a)(2) and 3323(b) of the Divoree Code, the Court enter an order e, omSrming Shared Legal Custody with Plaintiff, KELLY REBECCA YINGST and Defendant, RUSSELL WILLIAM YINGST, Primary Physical Custody with Plaintiff, KELLY REBECCA YINGST, and Partial Physical Custody with Defendant, RU~ELL WILLIAM YINGST, o£the parties' one (1) minor child, BLAKE MITCHELL Y1NGST. Respeclfully submi~ed, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: May -~, 2001 Counsel for Plai~tiJf PA I.D. #64998 5021 East Trindle Road Suitel00 M~hanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are Irue and correct to the bes~ of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: _ "ff - ~ - -' 2001 ~ELI~ REBECCA YI~T : IN THE COURT OF COMMON PLEAS OF KELLY REBECCA yiNGST : cuMBERLAND CouNTY. PENNSYLVANIA PLAINTIFF V. : RUSSELL WILLIAM y~IGST : 01-2714 CIVIL ACTION LAW DEFENDANT : ; IN cusTODY · upon consideration of the attached Complaint, AND NOW, ~01~ _ ~, the conciliator, it is hereby directed that parties and their respective counsel appear betbre at g:? _~,m, for a Pre-Hearing Custody Conferen · the court, and to enter into a temporary if this cannot be accomplished, to define and narrow the issues to be heard by order. All children age five or older may also be present at the conference. Failure to appear 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 4g hours prior to scheduled hearing. FOR THE coURT, By: Isl ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the reasonable Americans with Disabilites Act of 1990. For information about accessible facilities and contact our office. accommodations available to disabled individuals having business before the court, please All arrangements must be made at least 72 hourS prior to any hearing or business before the court. You must aRend thc scheduled conference or hearing. IF YOU DO NOT YOU SHOULD TAKE THIS pAPER TO YOUR ATtoRNEY AT ONCE. AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET HAVE AN ATTORNEY OR CANNOT CAN GET LEGAL HELP. FORTH BELOW TO FIND oUT WHERE YOU Cumberland County Bar Association 2 Liberty Avenue Carlisle, pennsylvania 17013 Telephone (717) 249-3166 : IN THE COURT OF COMMON PLEAS KELLY REBECCA YINGST, : OF CUMBERLAND cOUNTY, PLAINTIFF : pENNSYLVANIA : : NO. 01-2714 CIVIL VS. : CIVIL ACTION - LAW RUSSELL WILLIAM YINGST, :: ACTION FOR DIVORCE / CUSTODY DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2001. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. :3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. lalm for alimony, alimony pendente lite, equitable distribution understand that if a c ...... ~,.~ with t OUR before the entry of 4. l~perty, counsel fees or expenses nas not ogpu ,-~.~ ..... he C of marital p a final Decree in Divorce, the right to claim any of them will be lost. · d of the availability of marriage counseling, and understand that I 5. ! have been advise . __4, _.~a,o counselin ! further may request that thc Court require mat my spouse aaa, v'"""'*'"te in g. understand that thc Court maintains a list of marriage counselors in thc Prothonotary's Office, which list is available to mc upon request. Being so advised, I do not request that the Court require that my spouse and I peflicipate in counseling prior to a divorce decree being handed down by the Court. I verify that thc Statements in this Affidavit arc m~c and correct. I understand that false statements herein are made subject to the penaltias of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. ,/(.~ - ~ - O I kELL~REBECCA YI~ST '~ DATE IN TIlE COURT OF COMMON PLEAS KELLY REBECCA YINGST, ::OF CUMBERLAND COUNTY, pL.~dNTIFF : PENNSYLVANIA : : NO. 01-2714 CIVIL : RUSSELL WILLIAM Y1NGST, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE I CUSTODY _AFFIDAVIT OF CONSENT i. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 4, 2001. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. · claim for alimony, alimony pendente lite, equitable distribution 4. I understand that if a ...... ~-.~ with the Court before the entry of of marital property, counsel fees or expenses nas not u~, a final Decree in Divorce, the right to claim any of them will be lost. ised of the availability of marriage counseling, and understand that I 5. I have been edv . _4 · -n.,~,.i,,ate in counseling. I further may request that the Court require ~at my spouse a,m · p,,,,~,- ,. the prothonotary's Office, understand that the Court maintains a hst of mamage counselors tn which list is available to me upon request. 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 by the Court. I verify that thc Statements in this Affidavit are tree and correct, i understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. ~USSELL WILLIAIWYI DATE : IN THE COURT OF COMMON PLEAS KELLY REBECCA YINGST, : OF CUMBERLAND COUNTY, PLAINTIFF : PENNSYLVANIA : : NO. 01.2714 CIVIL VS. : CIVIL ACTION - LAW RUSSELL WILLIAM YINGST, :: ACTION FOR DIVORCE / CUSTODY DEFENDANT 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. d that ! will not be divorced until a divorce decree is ente~l by the Court 3. I undersum ........ :.--.~cdiatelv after it is filed with the and that a copy of thc decree will I~ sent to m~ m.., ~ prothonotarY. ! verify that the statements made in this affidavit are true and correct, i understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to DATE : IN ~ COURT OF cOMMON PLEAS KELLY REBECCA YINGST, PLAINTIFF : OF CUMBERLAND cOUNTY, : pENNSYLVANIA :NO. 01.2'/14 CIVIL VS. RUSSELL WILLIAM YINGST, :: CIVIL ACTION ' LAW DEFi~NDANT : ACTION FOR DIVORCE I CUSTODY !. ! consent to the entry of a final decree of divorce without notice. 2. ! understand that I may lose rights conc. eming, alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is grunted. be divorced until a divorce decree is entered by the Court ,z I understand that I will not · ~:-,-~ after it is filed with the J .... _~.u ao~,-e will be sent to me imnloumt~..v and that a copy o~ me u~,v prothonotarY. I verify that the st*tements made in this affidavit are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE KELLY REBECCA VINGST, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 01-2714 CIVIL : RUSSELL WILLIAM VINGST, : CIVIL ACTION. LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF SERVICE CERTIFIED M~ri. COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : Be it known, that on the C~-4'~ day of_ ~ ,2001, I~'~ore me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney ' · · hcensed to practice law Jn the Commonwealth of Pennsylvania. 2. I represent Kelly Rebecca Yingst, Plaintiff in the above-captioned matter. 3. On May 22, 2001, a true and correct copy of the Complaint for No-Fault Divoree Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Cerdfied/First Class Mail, restricted delivery, return receipt requested, Article No. 7000 1670 0003 492S 0769, and addressed to the Defendant, Russell William Yingst, at 121 Hilltop Drive, Mount Holly Springs, PA 17065. The return receipt card signed by the Defendant, Russell Yingst, showing a date of service of May 30, 2001, is attached hereto as Exhibit "A". 5. Service by ce~fied mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. Counsel for Piai~ SWORN TO AND SUBSCR/BED b~or~ me, a Nmary Public, this ~ day of _ ~,~, ,~. · Complete Items 1, 2, and 3. Al8o complete A. Item 4 if Reetricted Delh/ery is dmdred. Received by (/=/e~e'/~flt 06er/y) · Print your name ~ address on the reverse s° thet we nan mtorn the carcl to you. · Attach thia card to the back of tim mailplece, __.~°r on the [~'ont if apace pea.nits, n Agent RESTRICTED ~' ~:~ ~,.,c~ed Adair [] ~ ~aJr i-I Registered [] Return Receipt for DELIVERY '-',..,,,-.,., [] o.o.D. 2. ArtlcJe Number (Copy hum ~ervlce /g~l) PS Form 3811, July 1990 D(mmetlc Rmum ~ Exhibit "A" K~Lr.y ~ yINC~T, : IN T~E CO,JIlT O~' ~ = ~. 01-2714 CIVIL V~o : CIVIL A~I~ - LAW ~fep~t : IN ~ ~) ~, this 5th day of June, 2001, tbm. ConciliatOr, havire~so~V~ t of the parties, hereby rel~ngu~shes jur~s~ by agreeme~ _ __=_A,~ for Ju~e 5, 2001 is c~nceled. ~e CustOdy OonciliatiO~ Co~zerence ~'~'" FO~ TI'~ CO~.T~ CustOdy OonciliatOr KELLY REBECCA YINGST, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2714 CIVIL ¥. : CIVIL ACTION - LAW RUSSELL WILLIAM YINGST, : Defendant : ACTION FOR DIVORCE/CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE. TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Russell William Yingst. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Attorney I.D. No. P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: ~/ac/~ / ~ocunlenl #' 208841. I CERTIFICATE OF SERVICE AND NOW. this 18th day of June, 2001, I, E. Ralph Godfrey, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Praecipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Susan K. Candiello, Esquire 5021 East Trindle Road, Suite 100 Meehanicsburg, PA 17050 D~curnent #: 208841. I : IN THE COURT OF COMMON PLEAS KELLY REBECCA YINGST, OF CUMBERLAND COUNTY, PLAINTIFF : : PENNSYLVANIA : : NO. 01 - 2714 CIVIL VS. ; RUSSELL WILLIAM YINGST, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY AGREED ORDER OF CUSTODY The Plaintiff ("Mother") is KELLY REBECCA YINGST, who currently resides at 419 North Wainm S~xeet, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. The Defendant ("Father") is RUSSELL WILLIAM YINGST, who currently resides at 121 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. BLAKE MITCHELL YINGST, C'Blake"), bom on July 9, 1999, is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both his natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, KELLY REBECCA YINGST, and Defendant, RUSSELL WILLIAM YINGST, have entered into a mutual agreement regarding thc custody of their child and respectfully request this Honorable Court to enter thc following Order: 1. plainliffand Defendant shall share Legal Custody (as defined in 23 Pa. C.S.A. Section 5302) of their minor child, BLAKE MITCHELL YINGST. 2. Ali decisions affecting Blake's growth and development including, but not limited to: choice of camp, if any; choice of day care providcr; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as boneficierY, other than custody litigation; education, · -- ~---urriculer activities, simil be both secular and religious; scholastic athletic pursuits ann omer exm~ · · after discussion and considered major decisions and shall be made by Father and Mother, jointly, consultation with each other and with a view towards obtaining and following a ~ ~ulicv in tig- child's best intemsL keep the other informed of the progress of their child's 3. Mother and Father agree to education and social adjustments. Mother and Father Agree not to impair the other's right to shared legal or physical custody of the child. Mother and Father agree to give support to the other in the role as parent and ~o take into account the consensus of the other for the physical and emotional well-being of their child. 4. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatorY or uncomplimentary to the other parent. It shall be thc express duVd of each parent to uphold the other parent as one whom the child should respect and love· 5. It shall be the obligation of each parent to make the child available to the other in accoranm:e with the physical cusl~ly schedule and to encourage their child to participate in thc plan hereby agreed and ordered. 6. Each parent shall have the duVff to noti~ the other of any event or activin, which could reasonably be expec~d to be of significant concern to the other parent. 7. With regard to any emergency decisions which mus~ be made, thc parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that pa~ent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of thc parent having physical custody at the time. $. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but arc not Ihnited to, medical reporis, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. It shall be the responsibility of each parent to contact thc child's school and obtain infonnation about ~ child's education nmi major school events. 9. Mother shall have Primary Physical Custody and Father shall have Partial Physical Custody of their minor child, Blake Mitchell Yingst. Father shall have Partial Physical Custody according to thc following schedule: A. Every other weekend beginning Friday at 5:00 p.m. through Sunday at 5:00 p.m; B. The Thursday ai~r Father's weekend from 5:00 p.m. to 9:00 p.m. and the Tuesday after Mother's weekend from 5:00 p.m. to 9:00 p.m.; C. It is agreed both parties shall be entitled to two (2) non-consecutive weeks of summer custody for vacation purposes. Each parent shall notify the other parent in writing of the dates and times of said summer custody at least thirty (30) days prior to the time each parent intends to exercise such right. D. Thc parties shall alternate the following holidays with Mother having Memorial Day and Labor Day and Father having Easter and Independence Day in 2001, to abema~ annually thereafter. I) Easter; 2) Memorial Day; 3) Independence Day; 4) Labor day. E. New Year's Eve and New Year's Day shall be alternated by the parties with Father having Section A and Mother having Section B in the year 2001, to alternate annually thereafter: Section A: New Year's Eve thro-gh 1:00 p.m. on New Year's Day; and, Section B: New Year's Day from 1:00 p.m. ttuough g:00 p.m. on the day after New Year's Day. F. Chrisunas shall be alternated by the parties with Mother having Section A and Father having Section B in the year 2001 to allgmate annually thereafter: Section A: Chriatnias Eve through Christmas Day at 1:00 p.m; and, Section B: Chrislanas Day at 1:00 p.m. through the day after Christmas Day at g:00 p.m. O. Thanksgiving shall be al~-nated by the parties with Father having Section A and Mother having Section B in the year 2001 to alternate annually Section A: Thanksgiving Day until 2:00 p.m; nnd, Section B: Thanksgiving Day at 2:00 p.m. through g:00 p.m. H. Father shall have the child on Fa~'Ps Day and Mother shall have the child on Moth's Day; I. Holidays shall extend from 9:00 a.m, to 9:00 p.m. or until such times as Mother and Father can nlgrec upon; ' s' child as can ]. Father shall have such additional ~4silation voth ~ parUc K. Ali holidays, vacations, and specialbff designated times for visitation with the child shall supetcede the ~gularly scheduled visitation. 10. Fatlwr and Mother agree the~ shall provide each other with the location of the child and an eme~gen~ telephone number where the child can be ~eached, if and when ~hey take the child on a vacauon or to ,~,,~- uanspormtion or as 1 !. The parent receiving custod~ of the child shall be responsible for Mother and Father can mumall~ agree upon. 12. Each parent agrees ~o immedialel~ inform ~he other of their new address and telephone number upon relocation, wmpora~ or permanent. 13. Each parent agrees W always utilize ctfild restraint seats and seatbelts when transporting the child by automobile. 14. Mother and Father agree to be responsible for an~ ordinar~ ever~da~ expenses which occur during their individual custod~ periods with their child. of ihss ~ in wri~g occur on numerous occasions, the parties agree the. alteration and/or change shall be and signed by both parents. DATED: .~~-~' 2001 coMMONWEALTH OF PENNSYLYANIA : : SS: coUNTY OF ~_o.~'oe-t ~o.~ : ~ 2001, before me, a Notat~ ~.a.G~ I'or lhe Comm°nw~m"L'7 --- ,~ me/or sausfacion.iY t"~..~^a~ and acknowten$~ r,,,, ...... --..,-,-- viNGST Imowu ,,~.,'- 2 ....a Order ox ~u~,,,,-~, KKLL¥ REUlt;~, -.- .:.~.;., Stinulatton lot ~F~~-'' . ,.me is subscribed to me w~,u~,_ ~'.'.~,,e therein contained. """- --'~ '~-e same t~ mG p~,-'~ ~ seal that she exccuu:u ,,, and no ' .t. IN W1TN~SS WHEREOF, I have set my hand M~ Commission Expires: COMMONWEALTH OF pENNSYLYANIA : SS · coUNTY OF ~ a of ~ ,2001, ~fo~ me, a No~ _. · ...... for ~ ~n~mm RU~ ~ ....... · tO ~ w~u~ r " ' My ~ion Expi~s: NOTARIAL SEAL CAROL A. LYTER. NOTARY PUBLIC Na,isburg. Ouuphin County LMy Commission Expires Dec. 28 2004 KELLY REBECCA YINGST, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. Ol - 2714 CIVIL : RUSSELL WILLIAM YINGST, : CML ACTION - LAW DEFENDANT : ACTION FOR CUSTODY ORDER OF COURT AND NOW, this ~ day of ~//' Z~Jff,~"', 20~1, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, KELLY REBECCA YINGST, and Defendant, RUSSELL WILLIAM YINGST, shall SHARE LEGAL CUSTODY, Plain6ff, KELLY REBECCA YINGST shall have PRIMARY PHYSICAL CUSTODY and Defendant, RUSSELL WILLIAM YINGST shall have PARTIAL PHYSICAL CUSTODY of their child, BLAKE MITCHELL YINGST, in accordance with the language contained in the attached Stipulation. BY THE COURT, J J. MARITAL PROPERTY SETTLEMENT AGl F EMENT into thisOq~day THIS AGREEMENT is entered of~L~g~, 2001, by and between KELLY REBECCA YINGST and RUSSELL WILLIAM YINGST. Wife's Birthday and Social Security Number: September 6, 1972 200-48-8335 Husband's Birthday end Social Security Number: November 6, 1971 206-64-9387 Date of Marriage: May 17, 1997 Place of Marriage: Carlisle, PA Last Marital Residence: 419 North Walnut Sm:et, Mount Holly Springs, Cumberland County, PA 17065. Date of Separation: April 13, 2001 Children: BLAKE MITCHELL YINGST, born on July 9, 1999. Pending Court Proceedings: Divorce Court of Common Pleas No. 01-2714 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is thc intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto arc desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinat~er set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and ag~c as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direet or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her selm'ate 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 molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other m cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all fights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of i 980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate f~om any and all rights, claims, demands or obhgat~ons arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, 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. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry ora divorce decree are intended to defeat the right of either patty to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the otheffs estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agrceraent and such fights as are expressly rcserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from ali causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a f'mal judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their cont,'actual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by thc court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be rcspensible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall he 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 "a~_¢ of execution" or "execution date" of this Agreement shall he defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and E. Ralph Godfrey, Esquire, for Husband. The parties acknowledge that each has received independent legal advice fwm counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to bc fair, just, adequate and reasonable under thc existing cireumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 4 ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days ui~er demand therefor) execute any and ali written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such ~ hereaRer to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mall, return receipt requested, to E. Ralph Gndfi~y, Esquire, at Metzger, Wickersham, KnRnsS & Erb, P.C., 3211 North Front St~x~'et, P.O. Box 5300, Harrisburg PA 17110-0300, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., $021 East Trindle Road, Suite 100, Mechanicshurg PA 17050, or such other address as Wife from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 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 he 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 federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, mmsfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall he discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms herenf unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may he responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The pertics further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indenmify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any lang~e herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health end/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S 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 parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Ag~ement, provided that the enforcing party is successful in establishing that a breach has occuned. EOUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personnl property; and hereafter Wife ag~es that all of the property in the possession of Husband shall be the sole and separate property of Hushand; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole end exclusive property of the other. 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1997 Toyota Camry, with an approximate value of Five Thousand Two Hundred Eighty Dollars and No Cents ($5,280.00), presently titled in both Husband and Wife's names, shall hereafter be the sole and exclusive property of Wife, free of any liens and encumbrances. The parties agree this vehicle shall be titled solely in Wife's name. There is a loan of Two Thousand Nine Hundred Sixty-Three Dollars and No Cents ($2,963.00) remaining on this vehicle. Wife agrees to remove Husband's name from this loan and refinance this loan solely in her name. B. The 1990 Chevrolet Blazer, with an approximate value of Two Thousand Dollars and No Cents ($2,000.00), presently titled only in Husband's name, shall hereai~er be the sole and exclusive propen'y of Husband, free of any liens and encumbrances. This vehicle was premarital and shall not be included for any purpose other than recognition in this agreement. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or licnholder as to the Iransfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS Cornerstone Federal Credit Union The parties had joint checking, savings, and a Christmas club with this institution. Thc parties hereby agree all of the funds contained in their joint checking, savings, and Christmas club accounts with Cornerstone Federal Credit Union have been equally divided between them to their mutual satisfaction and these accounts have been closed. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 8 4. RETIREMENT INTEREST Husband and Wife 401K Husband has a 401K solely in his name. Wife has a 401K solely in her name. Husband and Wife hereby aipee to specifically release and waive any and all interest, claim or right they may have in each other's 401K Stock in E-Trade Account The parties have stock in an E-Trade account in joint names. The approximate value of this account is Three Thousand Dollars and No Cents ($3,000.00). Husband has agreed Wife shall receive the entire amount in this account. Husband agrees he shall execute any additional documents required to place this account and the contents solely in Wife's name and accomplish the purpose of this Paragraph. SALE OF REAL ESTATE / DMSION OF PROCEEDS The marital residence has been sold and settlement has occurred. Afar deduction for all expenses, fees and taxes in connection with thc sale and after satisfaction of the first mortgage on thc marital residence, the remaining equity in the marital residence has been equally divided between the parties. Husband and Wife each agree to be solely responsible for one-half (1/2) of any capital gains which may result l~om the sale of the marital residence. The parties agree to equally (50/50) share any tax deductions from sale of the mm'iud residence which can be used in their income tax returns for the year 2001. 6. JOINT DEBTS AND LIABILITIES All joint credit cards obtained during the parties' marriage have been closed end there is no debt remaining on any joint credit cards. Ail joint debts incurred during the marriage have been either satisfied or placed solely in one of the parties' name at the time of thc execution of this Agreement. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the partias' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. SEPARATE ASSETS A. Releuse: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. 9 B. Limilation to Assets Dbclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution bereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Def'mitiot~: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indenm~fwalion m to Expenses: Each of the parties hereby guarantees to indenmify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the pa~ies' separate assets as defined herein. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects end for all purposes, as though he or she were unmarried. 9. WAIVER OF SPOUSAL SUPPORT, ALIMONY, AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give up any rights arising from the continuing existence of their marital relationship, which either may have against the other for spousal support, alimony, alimony pendente lite, or other maintenance of any kind. 10. INCOME TAX RETURNS Husband end Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly wake available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 10 ! 1. COUNSEL FEES AND EXPENSES The parties agree to each be fully responsible for their individual counsel fees and expenses incur~d in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and ali of the statements, I~rms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending Io be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. KI~LLY ~EBECCA YIN ..G~ / WIFE RUSSELL WILLIA,~ VfNGST HUSBAND COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF C..c~.x-~e~\C~.v,c~ : On this, the ~ day of (~4,..~ ,2001, before me, a Notary Public for the Commonwealth of Pcansylvania, the undersigned officer, personally appeared KELLY REBECCA YINGST known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public (~ My Commission Expires: II COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF ~.~o.~ : On this, the .~%~- day of~, 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, thc undersigned officer, personally appeared RUSSELL WILLIAM YINGST known to me (or satisfactorily proven) to be the person whose name is subscribed ~o the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires: NOTARIAL SEAL CAROL k. ~YI'ER, NOTARY RU81.1C Harrisburg, Daepllie Coullly My Comm~aaioe Expires Dec. 2.8 2004 12 KELLY REBECCA YINGST, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : vs. : NO. 01-:~714 CIVIL ; RUSSELL WILLIAM YINGST, : CML ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please Iransmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Service upon the Defendant via Certified Mail, Return Receipt Requested, Restricted Delivery, on May 30, 2001. An Affidavit of Serviee Certified Mail was filed with the Cumberland County Prothonotary on July 10, 2001. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff.- October 3, 2001 Defendant: September 24, 2001 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: Ail claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 5. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code as required by Rule 1920.42(e)(I) was executed on October 3, 2001 by the Plaintiff and on September 24, 2001 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 arc enclosed herewith. Respectfully submitted, LAW HRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay C,I~N~, Esquire Counsei for~lainti~ PA I.D. #~ 5021 East Trindl¢ Road Suite 100 Mechanicsburg PA i'/050 ('/1'/) '/96-1930 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of ~~ PENNA. IeaT ,r .y ~:~I2EA N o. 01-2714 C~v-'J~ VERSUS DECREE IN DIVORCE AND NOW,~~-'~ -;74~,, It IS ORDERED AND DECREED THAT ~I~,T.V I~ lzrI~GS'~ , PLAINTIFF, AND RO~-,~:i.r. ~Tn','r.T~,~J ¥~c-sr~ , DEFENDANT, ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF The FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER hAS NOT YET BEEN ENTERED; BY THE COURT: / ATTEST: J. ~ PROTHONOTARY