Loading...
HomeMy WebLinkAbout05-5719 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5""711 CIVIL TERM AMANDA I. YOUNG, Plaintiff WESLEY J. YOUNG, SR., Defendant CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMANDA I. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-..';7/7 CIVIL TERM V. WESLEY J. YOUNG, SR., Defendant CIVIL ACTION-LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Amanda I. Young, an adult individual who currently resides at 315 Pinedale Road, Carlisle, Cumberland County, Pennsylvania 17013-9563. 2. Defendant is Wesley J. Young, Sr., an adult individual who currently resides at 1628 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013-7400. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 2, 1989, in I I II I Carlisle, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~IA ichael A. Scherer 1.0. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Amanda I. Young mas\Oomestic\Young\divorce.comp AMANDA I. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- CIVIL TERM WESLEY J. YOUNG, SR., Defendant CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: November :< ,2005 (-:- .I N~Yl ~ rid. J. lbu It} AMANDA I.~UN @ .....> 0 0 "'"" "'n ~::.? -' cf' ~-n c~ <.,~, ...~ \'. (5 rl1F: -k:, () ""- ....:.:. -nltj "- I "t'J~ ~ ~ ~ w 90 _',--T', ,-:".-n ~ -0 (;~~0 ::;J ......,~ ...'" ~"':;' n \J-l ~ ':;-:\ @ ~ /'" 'r~ -"- -7 Ul '0 ~.::'- :-<. V;;) ...'C 1'-' --0 ^ ::,- .,. "} AMANDA I. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-5719 CIVIL TERM WESLEY J. YOUNG, SR., Defendant CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the --QiActay of November, 2005, I, Wesley J. Young, Sr., Defendant, hereby accept service of the Divorce Complaint in the above action pursuant to Pa. R.C.P. 1930.4(d). I I II II 'I II 11 I ~t?'^4 ~~ --&~ WESLtV. . Y NG, S ~ 5; --"T"'" {::~ o -n o ;~-,-: \"\\p :q8 , ~';l~~;l -,~ ~ ) ;~~~ ;f,~i'(, ~i ;..;':' r;? c:; !J) II ,'... 'I il AMANDA I. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-5719 CIVIL TERM WESLEY J. YOUNG, SR., Defendant CIVIL ACTION-LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Amanda I. Young, an adult individual, residing at 315 Pinedale Road, Carlisle, Cumberland County, Pennsylvania, 17013-9563. 2. Defendant is Wesley J. Young, Sr., an adult individual, residing at 1628 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013-7400. 3. Plaintiff seeks primary custody of the following children: Name Present Residence Date of Birth Samantha J. Young 315 Pinedale Road February 23, 1990 II Carlisle, Pennsylvania, 17013-9563 Jennifer L. Young 315 Pinedale Road February 6, 1992 II Carlisle, Pennsylvania, 17013-9563 Jacob W. Young 315 Pinedale Road September 2, 1999 Carlisle, Pennsylvania, 17013-9563 Hannah L. Young 315 Pinedale Road November 7,2001 Carlisle, Pennsylvania, 17013-9563 The children were not born out of wedlock. The children are presently in the custody of the plaintiff, who resides at 315 Pinedale Road, Carlisle, Cumberland County, Pennsylvania, 17013-9563. II .1'- :1 II I During the past five years, the children have resided with the following persons and at the following addresses: Name Address Date Amanda I. Young 315 Pinedale Road Carlisle, Pennsylvania, 17013-9563 April 2005 - Present Amanda I. Young Wesley J. Young, Sr. 315 Pinedale Road Carlisle, Pennsylvania, 17013-9563 April 2000 - April 2005 The mother of the children is Amanda I. Young, currently residing at 315 Pinedale Road, Carlisle, Cumberland County, Pennsylvania, 17013-9563. She is married. The father of the children is Wesley J. Young, Sr., currently residing at 1628 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013-7400. He is married. 4. The relationship of plaintiff to the children is that of natural mother. The plaintiff currently resides with the following persons: Name Relationship Samantha J. Young Daughter Jennifer L. Young Daughter Jacob W. Young Son Hannah L. Young Daughter 5. The relationship of defendant to the children is that of natural father. The defendant currently resides with the following persons: Name Relationship 'I II f II I I - ! 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. I i 1/ II 7. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. I I II I I II NAME BASIS OF CLAIM ADDRESS None. WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and primary physical custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER &tAIt~ Michael A. Scherer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas\Domestic\Y oung\custody .comp --- II AMANDA I. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-5719 CIVIL TERM WESLEY J. YOUNG, SR., Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION The statements in the foregoing Complaint For Custody are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. 94904 relating to unsworn falsifications to authorities. I II II I DATE: JLp--U.~ r-9 ,2005 c&,~ck t!tt<"(f Amanda I. You ,- l ~ v ,_._, pO, ...... i:\- ') I \S ._l --. -r:. ~ -.....J \J '-- ~ ~ ,---' '~ .. ..~ \:4 . .. AMANDA I. YOUNG PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5719 CIVIL ACTION LA W WESLEY J. YOUNG, SR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Wednesday, December 14,2005 , upon consideration of the attached Complaint, it is hereby directed that panies and their respective counsel appear before Jacqueline M. Verney, Esq. . the conciliator, at 4th Floor, Cumberland County Courthouse, Carlis.leu on ___'I'uesday, Janu"!:Y}},.~O.O~_._ at 9:30 ..AM for a Pre-Hearing Custody Conferenee. At sueh conference, an effon 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 eourt, and to enter into a temporary order. AU children age live or older may also be present at the conference. Failure to appear at the eonferenee 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 eoneiliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _ fsf Tacqueline M. Verney. Esq.~_ Custody Conciliator IJ The Court of Common Pleas of Cumberland County is required by law to comply with the Amerieans with Disabilites Aet of 1990. For information about accessible faeilities and reasonable aeeommodations available to disabled individuals having business before the eoun, please eontaet our omee. All arrangements must be made at least 72 hours prior to any hearing or business before the eoun. You must attend the seheduled eonferenee or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY 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 170 I 3 Telephone (717) 249-3166 _ ~ ~ ~ ~ ~ ~l .)(/-5/c/ ~fp-4 r:1 ~ -->t/-~/.7"/ ~~p ;% ~~,,7 -TV J'r?-.y/.e( f" ~. . I':[:'! -, r '1 ,l, ::; '. .. " , , AMANDA I. YOUNG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5719 CIVIL ACTION - LAW WESLEY J. YOUNG, SR., Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 17th day of January, 2006, being advised that the parties have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, -zJ~-,- ;0l c VO"-'VCi ine M. Verney, Esquire, Custody onciliator "\:' LS ;;--:1 At!"",!' J"" 'j G ." .\' ,j,', ; ~ " :!c: . AMANDA I. YOUNG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - 5719 CIVIL TERM WESLEY .J. YOUNG, Defendant : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this 18TH day of January, 2006, by and between AMANDA I. YOUNG (hereinafter referred to as "Mother") and WESLEY J. YOUNG (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of four minor children, namely SAMANTHA J. YOUNG (born February 23,1990, age 15), JENNIFER L. YOUNG (born February 6,1992, age 13), JACOB W. YOUNG (born September 2,1999, age 6) and HANNAH L. YOUNG (BORN November 7, 2001, age 4); and, WHEREAS, the Father and Mother are currently parties to a divorce proceeding in Cumberland County, Pennsylvania; and WHEREAS, the parties have separated and contemplate that Father and Mother intend to continue to live in Cumberland County; and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the 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 their minor children, SAMANTHA J. YOUNG (born February 23,1990, age 15), JENNIFER L. YOUNG (born February 6,1992, age 13), JACOB W. YOUNG (born September 2, 1999, age 6) and HANNAH L. YOUNG (BORN November 7, 2001, age 4). 2. The Mother shall have primary physical custody of the children, subject to the father's rights of temporary physical custody hereinafter set forth. 3. The Father shall have temporary physical custody of the children on alternating weekends, from Friday at 5:00 p.m. until Sunday at 5:00 p.m., on Tuesday evening, from 5:00 p.m. until 8:00 p.m., and such other times as the parties may mutually agree. 4. The parties shall share physical custody of the children on holidays and on the children's birthdays as mutually agreed from time to time, with the intent that they shall share such days on as much of an equal basis as reasonably possible. 5. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. 6. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 7. 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. 8. 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. The parties shall not discuss with their children issues involving the parties' separation or divorce and shall not make statements to the children which malign or disparage the other parent in any way. 9. In the event of the breach of this agreement by either 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. 10. 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 as this agreement. 11. 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 parties respectfully request that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. ., January 28, 2006 J/GU i >/ HAROLD S. IRWIN, III Attorney for Defendant ,........-- From: IRWIN LAW OFFICE 717 243 9200 01/13/2006 17:02 #128 P.007/015 , VE.!lIFI,CJ\TIQ,tl AND ~ONBRMATION OF AG8EiJVIENT We do hereby verify 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.SA S 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 without the necessity of a custody conciliation, hearing or other proceeding. Jlt) VI tJ In ,2006 /1 J 'i: c1:dYJQ,l(la . ( )U'7/ J v4 ?1f~ ~ (SEAL) {)c.V'(..4 4'(1"2..~ 2006 {j (SEAL) . COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the tk'" day of January, 2006, before me, the undersigned officer, personally appeared WESLEY J. YOUNG, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha and official seal. 1-.10 i/\h:,<- . ",HUU)::~ :F{V\i!/, ,,\> ::'\_1(,: ~: .;._~ 'i.l ~ f SEAL) ,'(i'- ,.'-!:)'.'P,. COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the (g ~ay of January, 2006, before me, the undersigned officer, personally appeared AMANDA I. YOUNG, 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 hereunto set m hand and official seal. l): (SEAL) 'i~,_) i :FiVl'i C2 f..- -o;:~' -c2f('. :;"iE (7~ " -' r...:: ...~;. . ~z-j- _~c:_ c;: yc._ -7 '-:1, ::.<: ~ ,-=" cr c.- -';;"'- ~ v:> o q. ~-n rt'f: -<:Jr<:. -n'Y <-,~<:? .~.C ~~', ('"' ~". :t~ ..:;) c.-'\ Jf, :4 -0 :;1':' t:? ,..., '"'" !J ~ r ,~) :\\ ::; 1 2CL5 HAROLD S. IRWIN, III ESQ ATTORNEYIDNO.~O 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-4090 ATTORNEY FOR DEFENDANT ~ AMANDA I. YOUNG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - 5719 CIVIL TERM WESLEY J. YOUNG, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this \b\ day of r J,rvD-V"1 ' 2006, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, ~~W\ J.\ ~t tl f\ ~t ~t ("'--.. \J\l<",\:'I~,:~:::::;\'::"~ ~~~:f'ln~) q,\\y-\-\ ' . 1\1.'-''\ \.. 2- \B.::l 9liUl OS:9 ~'\l H .J :Jut ~o "., ';~ ""J ...,In . tJ'dliJh\)l-\~~_'Cl' :q\j ^ 3'J\~jO \...l AMANDA I. YOUNG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2005 - 5719 CIVIL TERM WESLEY J. YOUNG, Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about November 3, 2005. Service of the complaint was made by certified mail, return receipt requested, restricted delivery, shortly thereafter (see affidavit of service previousiy filed by the plaintiff). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. April .LL, 2006 1/~~ /7 WESLEY J. YO G r ,J-j'JZ-Z.?~) -1^-. ~ ./ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1 . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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 ..!..l., 2006 n~-V'..1 d~ WESLEY J. YOU /7 . ;/ ~J-<-t~ Yc ('J '\1 -..=.:~ , ..n ( AMANDA I. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-5719 CIVIL TERM WESLEY J. YOUNG, SR., Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on November 3, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. II 'i I' I 6. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I 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.A. 94904 relating to unsworn falsification to authorities. Date: April OJ:) ,2006 1 , JdYI() ;..(ID- ~) ~ULO Amanda I. Y; ng ._e" , d ,,-! \..,--' MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 17tf1 day of April, 2006, by and between WESLEY J. YOUNG, hereinafter referred to as "HUSBAND") and AMANDA I. YOUNG, hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 2, 1989; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. it is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401 (e), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as 11e or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as lollows: A. The HUSBAND shall assume all liability lor and pay and indemnify the WIFE against any 01 his individual debts. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts and the parties' joint obligations on the marital home, including but not limited to mortgage and second mortgage payrnents, utilities, repairs, maintenance and insurance. C. The parties agree that they have no joint debts except those involving the rnarital horne. 9. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be rnade by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of speCific items of personal and real property will be equitably distributed as lollows: A. REAL ESTATE: HUSBAND agrees to and does hereby release any interest he may have in the marital home at 315 Pinedale Road, Carlisle, Cumberland County, Pennsylvania 17013. HUSBAND shall execute a deed conveying his interest in the home to WIFE; however, such deed shall remain in escrow with HUSBAND's attorney until such time as HUSBAND is released from all obligations under any mortgages, liens or other encumbrances on the home. B. PERSONAL PROPERTY: The parties agree that they have divided all of their personal property, including, but not limited to furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as divided. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, spousal support or medical insurance coverage before or after any divorce which may be granted. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that upon the expiration of ninety days from the date of service of the divorce complaint, the parties will execute and file the consents and waivers necessary to obtain the divorce. 13. BREACH: in the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND's legal counsel is Harold S. Irwin, III, Esquire and WIFE's legal counsel is Michael A. Scherer, Esquire. Each party acknowledges that they have had adequate assistance of counsel. 16. 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. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinqUishment of all such interests, rights and claims. 20. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Iii. /;2-- a ~ ~ /(' ~ 7" )sEAL) WESLEY J. Y U G '7 c ~ml\ru ~ ~I.lr(SEAL) AMANDA I. YOUNG COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND 111 On this, the/I' day of April, 2006, before me, the undersigned officer, personally appeared WESLEY J. YOUNG, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand a official seal. NOIAkA,-"Lj,. i,'-.';:;OLD S.IRWJt\ Ili, NOSAc, i'~ :,; b080U(1,"L C'..JUN'f"i o~ C\" t ~'ljULiC_: t \,.__-,1\\""", ,ii,-,(.~'~)','~ .' I: EAL) COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, theJlObl day of April, 2006, before me, the undersigned officer, personally appeared AMANDA I. YOUNG, 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 hereunto set my hand and official seal. ~ ~ ~!UAO'(SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Boro, Cumberland County My Commission Expires Apr. 17, 2010 Member, Pennsylvania Association of Notaries ~. r-.> 0 = (;7'::> ..." C.... -< -0 C ::g;: X..,., n'; I.\ ,,. n'{~': ."',,," --< I -C"it:5 cn ~n (J1 ~.) .r: ,--:/> C. 1'; c po , "'~ .' :t.: - .\ >~ (:' 0 ,,,j" C _4 :,(.:~ ;;in :2 ,.-) 0' '< AMANDA I. YOUNG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-5719 CIVIL TERM WESLEY J. YOUNG, SR., Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c)ofthe Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service on November 9, 2005. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on April 20, 2006; and Defendant on April 17, 2006. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1)(i) of the Divorce Code: None. Respectfully submitted, ~fh-. Michael A. Scherer, Esquire (") S -o;~" nl?? ~l~r f~' .- ~" ~';-.: "" = = "-~ ::E "'" -~ ~ I <.n ~ ~- -n --1 :t:..." rnf::::' 87 :;.1'>:.'. :po :x: 9 ,-" C1' .., ~~. :.,".::C") r:=/..\~! .-, 3 --< if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. ;ti ;ti if. ;ti if. if. if. if. if. '+'if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. AMANDA I. YOUNG, Plaintiff No. 2005 - 5719 CIVIL VERSUS WESLEY J. YOUNG, SR. Defendant DECREE IN DIVORCE AND NOW, l"\ ~ 'i IT IS ORDERED AND \0 l00~ , DECREED THAT AMANDA I. YOUNG , PLAINTIFF, AND WESLEY J. YOUNG, 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; The parties' Marital Settlement Agreement dated April 17, 2006, is but not merged, herein as a final Order of Court. By THE COURT: ATTE~ l ~\ \/ ~/.:.d.- G ~ PROTHONOTARY if. if.if. if.if. if. if. if. if. ;f.if.if. if. if.if.'tO if. if. if. ;f.if. ;f. ;f.if. if. '+'if. if. '+' if. if. ;f. ;f. ;f. ;f. if. if. if. if. ;f. '+' if. ;f. if. J. ;f. if. if. if. if. if. if. if. ~ ~ z ~ 4; d}(J. 0/.> ~- r ~ ~ ~-;::p '/17, CJ/. >- , --- " . .. . (1" ~ ..;11 ;,' " . "". . '. \~\ " AMANDA I. YOUNG Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2005 - 5719 Civil Term WESLEY J. YOUNG Defendant : CNIL ACTION : IN CUSTODY AGREEMENT TO AMEND CUSTODY AGREEMENT AND ORDER AND NOW come the parties and agree as follows: WHEREAS, on February 1, 2006, an ORDER was entered by this Court embodying the parties' first Stipulation and Agreement executed January 26,2006 (attached hereto as Exh. 1); WHEREAS, the parties were divorced by this Court on May 8,2006; WHEREAS, Amanda 1. Young (hereinafter "Mother") is moving to Palmyra, Virginia where she shall permanently reside with her fiancee; and WHEREAS, the parties agree to amend the February 1, 2006 Order and their underlying Agreement in order to place primary physical custody of three of their four minor children with Wesley J. Young (hereinafter "Father"). NOW THEREFORE, the parties agree as follows: 1. Father shall have primary physical custody of Samantha J. Young, Jacob W. Young and Hannah L. Young, subject to Mother's right of temporary physical custody under the weekend and holiday schedule set forth in the February 1, 2006 Order and attached Agreement, and at other such times as the parties may agree. 2. Mother shall have primary physical custody of Jennifer L. Young, subject to Father's right of temporary physical custody under the weekend and holiday schedule set forth in the February 1,2006 Order and attached Agreement, and at other such times as the parties may 'to agree. 3. Mother shall bear all transportation costs and make all arrangements for bringing the four (4) children to and from Cumberland County, Pennsylvania for purposes of the foregoing periods of temporary custody. 4. The Agreement of January 26,2006 is amended by the terms of this Agreement, but in all other respects is reaffirmed, and the parties desire that the Court enter an Order accordingly. WHEREFORE, the parties agree to the foregoing, and they respectfully request that the Court issue an Order embodying this Agreement. ~.~ j J~ Itness /0-7'0t, ~*~ Wesley J. g /0-7'06 Date ,C'~ c'. cf7 /"~'Jv~VHk. J. ~'J /;;/7 M/;' Witness v Amanda I. Y o~ Date _.J . ~ .... Verification and Confirmation of Agreement We do hereby verify that the acts set forth in this Agreement are true and correct. We understand that false statements are made subject to the penalties of 18 Pa.C.S. 94904 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 thereofbe entered as an Order of Court without the necessity of custody conciliation, hearing or other proceeding. ~~4~,. lD-/~% Wesley . 1" oung Date If /1 ~~ l/1fJ2li (jp- ~ .. 0 Ie\!? ~. I ' . , Amanda 1. Yo Date .; 'It HAROLD S. IRWIN, III ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT c; : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA AMANDA I. YOUNG, Plaintiff v. : CIVIL ACTION. LAW : NO. 2005 . 5719 CIVIL TERM WESLEY ~. YOUNG, Defendant : iN CUSTODY ORDER OF COURT AND NOW, this I ~ day of ~ 2006, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. BY THE COURT, /5/ M, f: ~/u.d- Q I I . J. TRUE COP'I FROM AECOF~U 1ft T OGtimor,y whereof f I here uniD SIt tlfJ h;~ fld and Uaa ... " said ~. C'..arIsM. Pi. ThiI d:j;. ~ ~J~~~ ~L .' (1f/ -/#1: , ~ Prothonotlfrt/ Ii ."<'/1 L, : CIVIL ACTION.. LAW : NO. 2005 .. 5719 CIVIL TERM Q c s: : IN THE COURT OF COMMON PLEAS O~~~ :CUMBERLANDCOUNTy,PENNSYLVA~t '<:,:'---' "J>.' ."-., ""7 I... f ~.C\ 5'-e: ~ ~ n. c;::> 41 er- e..- ~ W c:> v. -0 ::c: r:Y rv c,..) .... ~~ -o~ :!~" ~~C) ::r. ~{ ~2 c') t5rt1 -I ?n ~ AMANDA I. YOUNG, Plaintiff WESLEY J. YOUNG, Defendant : IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this 18TH day of January, 2006, by and between AMANDA I. YOUNG (hereinafter referred to as "Mother") and WESLEY J. YOUNG (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the natural parents of four minor children, namely SAMANTHA J. YOUNG (born February 23, 1990, age 15), JENNIFER L. YOUNG (born February 6,1992, age 13), JACOB W. YOUNG (born September 2,1999, age 6) and HANNAH L. YOUNG (BORN November 7, 2001, age 4); and, WHEREAS, the Father and Motherare currently parties to a divorce proceeding in Cumberland County, Pennsylvania; and WHEREAS, the parties have separated and contemplate that Father and Mother intend to continue to live in Cumberland County; and WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the 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 their minor children, SAMANTHA J. YOUNG (born February 23, 1990, age 15), JENNIFER L. YOUNG (born February 6, 1992, age 13), JACOB W. YOUNG (born September 2, 1999, age 6) and HANNAH L. YOUNG (BORN November 7,2001, age 4). 2. The Mother shall have primary physical custody of the children, subject to the father's rights of temporary physical custody hereinafter set forth. 3. The Father shall have temporary physical custody of the children on alternating weekends, from Friday at 5:00 p.m. until Sunday at 5:00 p.m., on Tuesday evening, from 5:00 p.m. until 8:00 p.m., and such other times as the parties may mutually agree. 4. The parties shall share physical custody of the children on holidays and on the children's birthdays as mutually agreed from time to time, with the intent that they shall share such days on as much of an equal basis as reasonably possible. 5. The Father shall always have the children on Father's Day and the Mother shall always have the children on Mother's Day. 6. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 7. 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. 8. 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. The parties shall not discuss with their children issues involving the parties' separation or divorce and shall not make statements to the children which malign or disparage the other parent in any way. 9. In the event of the breach 'of this agreement by either party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific pertormance 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. 10. 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 as this agreement. 11. 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 parties respectfully request that the court enter an order providing for the legal and physical custody of the children as aforesaid without the requirement of a custody conciliation or hearing. ..'" January 28, 2006 .i, .-..- I _. '1 , (. ...../'1 ./ 1.-l 'h7 {- '-...J:)/ L./'- > L t./ HAROLD S. IRWIN, III Attorney for Defendant ! ] ~....-.. .----........ ....... ,- \ ,;/' ~c,......"......-~{ . From: IRWIN LAW OFFICE 717 243 9200 01/13/2006 17:02 #128 P.007/015 " VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify 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. S 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 Cou~ without the necessity of a custody conciliation, hearing or other proceeding. [1t )VIl1 (fj ,2006 ~a,t(ltL J {l;u;;~ J v~ tJ~ Y.Y\ (SEAL) ~kL{1(1'~~2006 V (SEAL) , COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the 1k,~day of January, 2006, before me, the undersigned officer, personally appeared WESLEY J. YOUNG, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha fdU' 'I'A' "0' l d ,", ,'''''''''"'"''''''''''''~ , " 'I l-l.Ii..,1.. ,-iLhC, 'I "1(\ PC-'I f) <.- '/-il"'" , ' ! . ',I J." .-.J , -dVlr'{ ill. i\jO I ;:\'!-, >::.r "lL' ", ri (, "",'..' ',. ," '.,',..,' ur:.. JC iJ llOI'ruuc,h CUUN PI ('1. ; 'L,i,';" ,,;,.'i v: /" '.' ",',:k ~i~~!:~f) I and official seal. SEAL) COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND (/ ft,., . On this, the A day of January, 2006, before me, the undersigned officer, personally appeared AMANDA I. YOUNG, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrum~nt and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m hand and official seal. Nli 1 f\f:/\; "",j'.~,=,-,."-;""""'''" ....;, "\1,1;;,1 ..;:., o ("" ..::;..:. r-) c:;;,.) c--:::;. .,.:)-.... o -1'1 --i ~:TI r- -~ 17"1 . c-:,: C") r"'- " .' --l (J) -n ~'...";r ,;...t f'"\ .Ie> W :~ OCT 1 7 700fl ,m AMANDA L YOUNG Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 2005 - 5719 Civil Term WESLEY J. YOUNG Defendant : CIVIL ACTION : IN CUSTODY Re: Agreement to Amend Custody Order ORDER OF COURT AND NOW, this '\.()'\\ay of October, 2006, upon due consideration of the attached Agreement to Amend Custody Order signed by the parties hereto, it is hereby ORDERED that the said Agreement be made an Order of Court, and that our prior Order of February 1, 2006 is amended hereby. By the Court, xi J} . 1\ '. c ~ ~ ~ C 0- t'- J I" I !>ij\tv/,"'!, ''-.ifY,'!)''-;'':', :! [,.{SIV;1/.-:J ~'*'\.; ~lt"~~~!l "~d fJ S :01 NV '/":-;8r.;n{) Oc lJO ~Ot\Q! 91lf/c 3Ji:!.~f.;JH.i :10