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HomeMy WebLinkAbout06-0574 .. . SAllIS, FLOWER & LINDSAY ATTORNEYS.AT.lAW 26 West High Street Carlisle,PA JAMES YEA TTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. /)000 -S71.f IN DIVORCE v. ELIZABETH A. YEA TTER, Defendant NOTICE TO DEFEND 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, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY .c::, squire "- Supreme Co ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 - SAllIS, FLOWER & LINDSAY A1lORNElS.AY.lAW 26 West High Streel Carlisle, PA JAMES YEA TTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0/.,.$7,/ G,J/~ v. ELIZABETH A. YEATTER, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is James Yeatter, an adult individual residing at 158 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is Elizabeth A. Yeatter, an adult individual residing at 158 Springfield Road, Shippensburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 12, 1992 in Dumfries, Virginia. 7. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 9. The Plaintiff has been advised that counseling is available and that he has the right to request that the court require the parties to participate in counseling. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with 93301 of the Pennsylvania Divorce Code. Respectfully submitted, SAIDIS, FLOWER & LI Carol J. Lindsay, Supreme Court I. o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAllIS, FLOWER & LINDSAY ATIORNE1'S-AT.L4.W 26 West High Street Carlisle, PA II I VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsifications to authorities. ~d#D es Ye'f€r - Date: A:l :1(:. - ~ uJ -I::' .( ~ r~ ~ ~. R) <,<:" \"F \ (--.. . ~ ""'. -'U \J -'-D 3:l. '" o (') o '1;:ji:j:' CJ~': . ->"\ ({~.~ \c:: ~~~. ....~. '. . '?(~ ~l j"'" ~ ,"., < r-' "'" ,-'~ Q-' <-- ';D'''' ;;C N -' ...-.;-'1 B .....' -" C} .n .-\ :1: ""1"l "'~ 1'1:' ":,2~? _\:~ -.f~ ::7{~~ ;~ ?-l r;? r:- Ci" SAllIS, FLOWER & LINDSAY ATTORNEYlMT.lAW 26 West High Street Carlisle, PA JAMES YEA TTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 06-574 ELIZABETH A YEATTER, Defendant IN DIVORCE AFFIDAVIT I, Michael Holland, an adult individual not a party to the above-referenced action, being duly sworn according to law, hereby deposes and says that on JA~ 'u/}/f y 30 , 2006 I atJ.'tJ f AM/EM. I served a true and correct copy of the Complaint In Divorce upon Defendant Elizabeth A. Yeatter, by hand delivering the document to her at ,tlcLI/JIf ~Ee- . 37'J dA/?;;r<!J'I'C A!PJ 5/1~.f7'<f.A~<;, , Pennsylvania. I t'Jr7 I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities. ~ ,,"---) c.?//l ~7 ~'V~../ G/ /,/';~b.,// ~~;(~----- Michael Holland Dated: Sworn to and subscri ./ it iL day of Ie " ,2006 NOTARIAL SEAL BARBARA E. STEEL, Notary Public Carlisle Bora., Cumberland County Ii.. My Commission Expires Feb. 18,2006 fEB 0 I 20lIi ~,' c:=.;:. c.~ l:;T-" c> 'Tj .-1 f'{~l;g [D .....,j -r; ("1'"1 CD I co:; C.l j ?T~ . ) ~- {~ ~:~j :-.0 -< :::; :"'",-"J C) \,.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES YEATTER, NO. 06-574 Plaintiff CIVIL ACTION - LAW v, IN DIVORCE ELIZABETH A. YEATTER, Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G, Radcliff, Esquire, Supreme Court ID No, 32112, on behalf of the Defendant, Elizabeth A. Yeatter. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: February 15, 2006 DIANE G. DCLlFF, ESQUIRE -rj 1-'. r'i} c..,r; 1"-.:' c-:: -11 --j o. --'I Itt ORIGiNAl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES YEA TIER, NO. 06-574 Plaintiff CIVIL ACTION - LAW v. IN DIVORCE ELIZABETH A. YEATTER, Defendant MARRIAGE SETTLEMENT AGREEMENT BETWEEN JAMES S. YEATTER AND ELIZABETH ANN YEA TTER Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Telephone: 717-243-6222 Attorney for Husband Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Telephone: 717-737-0100 Attorney for Wife TABLE OF CONTENTS Recita ls .......................................................................... 01 SECTION I General Provisions ............................................................. 01 SECTION II Distribution of Property and Debts........................................... 07 SECTION III Counsel Fees, Support, Alimony, Custody, etc. ............................ 14 SECTION IV Closing Provisions and Execution ............................................ 18 NOTARy.......................................................................... 19 MARITAL AGREEMENT THIS AGREEMENT made this _ day of , 2006, by and between ELIZABETH ANN YEATTER, ("Wife") of 221 SME, Shippensburg, PA 17257, and JAMES S. YEATTER, ("Husband") of 158 Springfield Road, Shippensburg, PA 17257. PREAMBLE AND RECITALS R-1. WHEREAS, the parties hereto are husband and wife, having been married on September 12, 1992 in Dumphries, VA, and were separated on January 27, 2006, (divorce filing date). R-2. WHEREAS, The parties are the parents of two (2) children: Colleen Yeatter born on March 3, 1991; and Devin Yeatter born on May 24, 1999, (the "Children"). R.3 WHEREAS, diverse and 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 matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of 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 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and C/Yeatter/Divorce/ 10.25.06 Divorce Marital Agreement, revised 11/8/06; final revisions 11/13/06 - 1 - that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Husband's attorney their respective Affidavits of Consent and Waivers of Notice. Within ten (10) business days of receipt of those signed Affidavits and Waivers, or if a Divorce Master had been previously appointed then within ten (10) business days of receipt of order revoking his appointment, Husband's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Carol J. Lindsay, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. Each party acknowledges that there has been a full and fair C/Yeatter/Divorce/10.25.06 Divorce Marital Agreement. revised 11/8/06;jinal revisions 11/13/06 - 2 - disclosure of the parties' marital assets and debt, their separate estates and their respective incomes. The parties hereby waive any further disclosure of the parties' marital assets and debt, their separate estates and their respective incomes, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; (4) to obtain from the other party an Income and Expense Statement setting forth that party's income and monthly expenses; and (5) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. C / Y eatter / Divorce /1 0.25.06 Divorce Marital Agreement. revised 11/8/06; final revisions 11/13/06 - 3 - B. Life Time Conveyances: 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 (i) the Commonwealth of Pennsylvania, (H) State, Commonwealth or Territory of the United States, or (Hi) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach ExceDtion: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof 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. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, C. Attorneys Fees and Costs: The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and/or enforcement of rights and C/Yeatter/Divorce/10.25.06 Divorce Marital Agreement, revised 11/8/06;final revisions 11/13/06 - 4- obligations under this agreement. Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. D. Other Remedies: Any other remedies provided for in law or in equity. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. Husband will be claiming the deductions for the Real Estate mortgage interest and Real Estate taxes on his 2005 federal income tax return. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. D. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. C/ Y eatter / Divorce / 10.25.06 Divorce Marital Agreement, revised 11/8/06; final revisions 11/13/06 - 5 - E. Dependency Exemption for Colleen Yeatter: Husband shall be entitled to claim the federal income tax dependency exemption deduction for the Child, Colleen Yeatter on his applicable tax returns. Wife agrees that she will sign Internal Revenue Form 8332, or any other declaration, required to implement this agreement and to provide such form or declaration to Wife within ten (10) days of a request to sign such form or declaration. F. DeJ:lendency Exemption for Devin Yeatter: The parties shall share the right to claim the federal income tax dependency exemption deduction for the Child, Devin Yeatter. In even numbered years Wife shall be entitled to claim that dependency exemption deduction on her federal income tax return and in odd numbered years, Husband shall be entitled to claim that dependency exemption deduction on his federal income tax return. For the applicable odd or even year, each party will sign Internal Revenue Form 8332., or any other declaration, required to implement this agreement and to provide such form or declaration to the other party within ten (10) days of a request to sign such form or declaration. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENiT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATIQH. This Agreement constltutes 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. 1.17. SEVERABIL . If any term, condition, clause or provision of this Agreement shall be determine or declared to be void or invalid in law or otherwise, then only that term, condition dause or provision shall be stricken from this Agreement and in all other respects this Agreen'ient shall remain valid and continue in full force, effect and operation. Likewise, C/ Yeatter / Divorce /10.25.06 Divorce Marital Agreement. revised 11/8/06; final revisions 11113/06 - 6- the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQVITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Reali Estate/158 Springfield Road: The jointly owned real estate known and numbered as 158 Springfield Road, Shippensburg, PA 17257, ("158 Springfield Road"), encumbered with a mortgage owed to Chase Mortgage # 0561 and second mortgage owed to Chase Mortgage #0579, ("158 Chase Mortgages"), shall be divided and distributed in I accordance with the following: A.1 Conveyance: Husband shall prepare and Wife shall execute and deliver all C/Yeatter/Divorce/ 10.25.06 Divorce Marital Agreement, revised 11/8/06;final revisions 11/13/06 - 7 - documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to 158 Springfield Road. The deed of conveyance therefor shall be executed by Wife upon Wife's signing of this Agreement and held in escrow by Wife's attorney pending the refinance/ assumption of the 158 Chase Mortgages or sale, at which time the deed shall be delivered to Husband to record. A.2: Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the158 Chase Mortgages, real estate taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of the 158 Chase Mortgages, real estate taxes, other municipal liens and any and all other expenses associated with 158 Springfield Road, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. A.3 Refinance: Husband shall apply for refinancing/ assumption of the 158Chase Mortgages within fifteen (15) business days of the date of this Agreement and shall complete that refinance/assumption within sixty (60) days of the date of this Agreement so as to release Wife from further liability thereunder. The costs of refinancing/assumption shall be paid by Husband. A.4 Sale: In the event Husband has not obtained the refinancing/ assumption within the sixty (60) day time period set forth above, then the parties shall list 158 Springfield Road for sale with a qualified real estate broker and shall market and sell 158 Springfield Road. With regard to said sale, the parties shall abide by and follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to Husband as Husband's sole and separate property except as necessary to pay Wife the sums due her pursuant to subparagraph I. below which sum shall be paid to Wife before any distribution to Husband. B. I I \ \ \ I I ~~ Estate/168 Springfield Road: The jointly owned real estate known and numbered I I Exclusive Possession: On or after the date of this Agreement, Husband shall have exclusive possession of 158 Springfield Road, subject to Wife's right of entry upon advance notice to Husband and at reasonable times and dates for the limited purposes of: (1) the retrieval and removal of her personal belongings; and (2) assisting in effectuating the sale thereof to the extent such sale is required under the terms of this Agreement. A.S CIYeatterIDivorcelfO.25.06 Divorce Marital Agreement, revised 11/8/06; final revisions 11/13/06 - 8 - as 1168 Springfield Road, Shippensburg, PA 17257, ("168 Springfield Road"), encumbered with a mortgage owed to Chase Mortgage #1085, ("168 Chase Mortgage"), shall be div~ded and distributed in accordance with the following: I B.1! I B.2i. I B.3. B.4: I I I B.5 Conveyance: Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to 168 Springfield Road. The deed of conveyance therefor shall be executed by Wife upon Wife's signing of this Agreement and held in escrow by Wife's attorney pending the refinance/assumption of the 168 Chase Mortgage or sale and payment of monetary sum set forth in subparagraph I. below, at which time the deed shall be delivered to Husband to record. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the168 Chase Mortgage, real estate taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of the 168 Chase Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with 168 Springfield Road, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. Refinance: Husband shall apply for refinancing/assumption of the 168 Chase Mortgage within fifteen (15) business days of the date of this Agreement and shall complete that refinance/assumption within sixty (60) days of the date of this Agreement so as to release Wife from further liability thereunder. The costs of refinancing/assumption shall be paid by Husband. Sale: In the event Husband has not obtained the refinancing/assumption within the sixty (60) day time period set forth above, then the parties shall list 168 Springfield Road for sale with a qualified real estate broker and shall market and sell 168 Springfield Road. With regard to said sale, the parties shall abide by and follow all reasonable advice as to listing and sales offered by their broker. Upon said sale all proceeds will be paid to Husband as Husband's sole and separate property except as necessary to pay Wife the sums due her pursuant to subparagraph I. below which sum shall be paid to Wife before any distribution to Husband. Exclusive Possession: On or after the date of this Agreement, Husband shall have exclusive possession of 168 Springfield Road, subject to Wife's right of C/Yeatter/Divorce/ 10:25.06 Divorce Marital Agreement, revised 1 118106; final revisions 11113106 - 9 - entry upon advance notice to Husband and at reasonable times and dates for the limited purpose of assisting in effectuating the sale thereof to the extent such sale is required under the terms of this Agreement. C. Ve icle s and Vehicle Loan s : The parties' vehicles, boats, snowmobiles, motorcycles, tra lers, campers and the like owned by one or both of the parties, or the trade in value th~reof if the Vehicles have been sold or traded in prior to the date of this Agreement ("~ehicles"), and loans associated therewith, shall be divided and distributed as fol~ows: C.1: To Wife: None. There are no marital vehicles being distributed to Wife. C.Z To Husband: The 1999 Ford Escort, the title to which is unencumbered and the 2005 Chevrolet subject to the purchase price debt owed to GMAC. o. ~stments: The parties shares of stock, brokerage accounts and other investments (th~ "Investments") shall be divided and distributed as follows: 0.11 To Wife: None. There are no marital investments being distributed to Wife. o.~ To Husband: None. There are no marital investments being distributed to Husband. E. Ac ounts: The parties' bank accounts, certificates of deposit, and other monetary de osits, and the funds deposited therein("the Accounts") shall be divided and dis ributed as follows: E.1: E.~ i To Wife: None. There are no marital accounts being distributed to Wife To Husband: The joint Citizen's Bank Account #1283; and Husband's Citizens Bank Account #8767. F. Lif Insurance: The parties' life insurance policy and the cash value thereof shall be div ded and distributed as follows: I I F.1i I I I I F.2 C/Yeatter/Divorce/ 1d.25.06 Divorce Marital Agreement. revised 11/8/06;final revisions 11/13/06 To Wife: None. There are no marital life insurance policies being distributed to Wife. To Husband: Husband's John Hancock life insurance policy #8467 and the cash value thereof. - 10- G. Re irement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sh ring Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any em loyee benefit plan and/or any other retirement type plans (the "Retirement Plans") sha l be divided and distributed as follows: G.11 To Wife: None. There are no marital retirement plans being distributed to Wife I G.~ To Husband: Husband's Pizza Hut 401K Plan. I H. Pe sonal Pro ert : The parties' tangible personal property including, but without lim tation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and othbr personal property ("the Personal Property") shall be divided and distributed as follbws: H.1! To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein, and the 40+ / - boxes located in the garage of 158 Springfield Road. The parties shall cooperate with each other so that Wife shall be able to remove her items from 158 Springfield Road hereafter. I Hj To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein. I. Mo eta Pa ment: For Wife's interest in the property to be received by Husband her in Husband shall pay Wife the amount of $45,000.00 payable within 60 days of the datp of this Agreement. I I 1.1.1 I 1 I I MortSjaSje/Security: To secure the payment of the $45,000.00 aforesaid, Husband shall give Wife a note and mortgage against both 158 Springfield Road and 168 Springfield Road. The mortgage shall be signed upon the execution of this Agreement, but shall not be recorded for a period of sixty (60) days from the date of this Agreement. When Husband's completes his refinance or assumption set forth in subparagraph A. and B. above Wife will return that mortgage and note to Husband and if the mortgage has been recorded, Wife will mark the mortgage satisfied of record. Pending the $45,000 payment to Wife, Husband will not further encumber 158 Springfield Road or 168 Springfield Road except as necessary refinance the 158 Mortgages and the 168 Mortgage, to finance Wife's 45,000.00 payment, plus any associated closing costs. After said $45,000.00 payment, Husband shall be entitled to encumber those properties as he deems C/Yeatter/Divorce/10.25.06 Divorce Marital Agreement, revised 11/8/06;final revisions 11/13/06 - 11 - appropriate. J. Deb~: The parties' marital debts, loans, credit cards and other obligations, not oth . rwise divided and distributed herein, shall be divided and distributed as follows: J.1 To Wife: Wife shall be solely liable for and shall timely pay the following debts: (a) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. J.2 To Husband: Husband shall be solely liable for and shall timely pay the following debts: (a) Capital One loan #3708 @ $23,244 +/-; (b) USM Visa #3143 @ $1,338 +/-; (c) John Deere #9303 @ $1,546 +/-; (d) Moffitt, Heart f:t Vascular Group @ $1,196 +/-; (e) Pinnacle Health Hospital @ $613 +/-. (f) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLAN~OUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distr~bution of the parties' marital assets and debts: A. As ISICondition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknbwledge that he or she have had the opportunity to inspect and view the assets that Ihe or she is to receive as his or her sole and separate property and he or she is fully [aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. ! B. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those title shall be executed and delivered to the appropriate party on the date of this Agre ment, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable I C/Yeatter/Divorce/10.2S.06 Divorce Marital Agreement, revised 1118/06;final revisions 11/13/06 - 12- I. C. dU~ to financing arrangements or otherwise. Pe sonalt Transfer: if either party is entitled to any items of personal property in the po session of the other party as of the date of this Agreement, the parties shall pr mptly make arrangements so as to permit that party to remove the items of pr perty from the other party's possession no later than thirty (30) days from the date of his Agreement. D. Wa ver. Each of the parties specifically waives, releases, renounces and forever ab ndons whatever right, title and interest they may have in any property that is to be ome the sole and separate property of the other party pursuant to the terms of this Agr ement. I ~: In the event any asset is subject to a l1en or encumbrance, the party receiving thel asset as his or her separate property shall take it subject to said l1en and lor enqumbrance and shall be solely responsible and liable therefor, unless otherwise spe lflcally herein provided. E. F. De t Balances and Prior Pa ments: Any debt herein described shall be deemed to inc ude the current balance owed on the debt. Unless otherwise herein specifically pro ided, there shall be no adjustment in the distribution provisions for the payment of ny portion of the marital debts prior to the execution of this Marital Agreement, Whf,' ther or not that debt or the prior payment thereof is specifically referenced in this Par graph, said payment having been taken into consideration in determining the dis ribution of marital assets and debts herein provided. G. , Ind mnification: Any party assuming an obl1gation pursuant to the terms of this Agr ement shall indemnify, protect and hold the other party harmless from and against all ny and alll1abllity thereunder, including, but not l1mited to, any attorney's fees an costs incurred by the other party as the result of defending against the obl1gation an lor enforcing the provisions of this indemnification. H. Aft r Ac uired Debts: Each of the parties represents and warrants to the other at sin e the parties' marital separation he or he has not contracted nor incurred any debt or l abllity for which the other or his or her estate might be responsible. From the date of t is Agreement, each party shall only use those credit accounts or incur such further obl gations for which that party is individually and solely liable. Ca cellation of Joint Debts: Any joint debt shall be canceled so that neither party can ma e any further charges thereunder, and if said charges are made in violation of this C/ Y eatter / Divorce /1 0 25.06 Divorce Marital Agreement, revised 1118/06; final revisions 11/13/06 - 13 - Ag eement, then the party incurring said charge shall immediately repay the same. Fu ther, the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. No -Disclosed Liabilit : Any liability not disclosed in this Agreement shall be the sole res onsibility of the party who has incurred or may hereafter incur it, and the party inc rring or having incurred said debt shall pay it as it becomes due and payable. K. Re .nance: In the event a party is assuming a liability for which the parties are jointly lia le, that party shall refinance the same within sixty (60) days of the date of this Agr ement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, ALIMONY, CHILD SUPPORT AND CUSTODY 3.01. WAIVER 0 COUNSEL FEES. The parties hereby waive any right and/or claim each may have, both now nd in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY APL AND SUPPORT. Except as hereafter provided, the parties waive any right and/or cl im they may have, both now and in the future, against the other for alimony, alimony p ,ndente lite, spousal support and maintenance. , I 3.03. CUSTODY. Custody of the Children will be in accordance with the following terms: A. B. Ph ical Custod of Colleen: Husband will have primary physical custody of Colleen, subject to Wife's rights of partial custody at such times as the parties shall mutually agr e. C. ical Custod of Devin: The parties will share physical custody of Devin in rdance with the following schedule: C.1 Mother's Periods: Wife will have custody of Devin on Tuesdays and Thursdays (overnights). On Wednesday and Friday mornings at the end of Wife's custody periods, Husband will pick up Devin at Wife's home at Bam and bring him to the bus stop, unless Wife needs to go to work before Bam in which event she shall C/ Yeatter / Divorce/to. 5.06 Divorce Marital Agreement, revised 11/8/06; final revisions 11/13/06 - 14- I Co~ I I C01 I c. , I I I c.~ c.~ I , deliver Devin to Husband's home before work and he shall then take him to the bus stop. Father's Weekday Periods: Husband will have custody of Devin on Mondays and Wednesdays (overnights). On Tuesdays and Thursdays, at the end of Husband's custody period, Wife shall pick up Devin at day care; Weekends: Each of the parties will have custody of Devin on alternating weekends from Friday at 4:30 to 5:00 pm through Monday morning. On Wife's weekends, Wife will pick up the Devin on Fridays at either the bus stop or day care and Husband will pick up Devin at Wife's home on Monday at Barn and bring him to the bus stop, unless Wife needs to go to work before Barn in which event she shall deliver Devin to Husband's home before work and he shall then take him to the bus stop. Normal Endin~ and Be~innin~ Times: The normal ending time for each custodial period will be at the beginning of school. However, when school is not in session (non school days or breaks), the ending time will be 9:00am. The normal beginning time will be 4:30pm to 5:00pm. However, when school is not in session it will be moved up to 9am. Vacation Time: Each parent will have two (2) weeks vacation, which may be consecutive. Each week is to run from Friday at 5pm until the following Friday at 5pm. 15 days advance notice is required. The party to first give notice shall have preference as to the week or weeks selected. Holidays: Holidays will be in accordance with the following schedule: HOLIDAYS TIMES EVEN YEARS ODD YEARS Easter Day 9am on Easter Day until Barn the day after Easter Day 9am on Memorial Day until Barn the day after Memorial Day 9am on July 4th until Barn the day after July 4th Husband Wife Memorial Day Wife Husband July 4th Husband Wife C/ Yeatter / Divorce/ 10 25.06 Divorce Marital Agreement, revised 11/8/06; final revisions 11/13/06 - 15 - HOLIDAYS TIMES EVEN ODD YEARS YEARS Labor Day 9am on Labor Day until Barn the Wife Husband day Labor Day Thanksgiving Day 9am on Thanksgiving Day until Barn Husband Wife the day Thanksgiving Day Christmas 1st Half 12pm on 12/24 to 12pm 12/25 Wife Husband Christmas rd Half 12 pm 12/25 to 12pm 12/26 Husband Wife New Years Eve 6pm on 12/31 until Bpm on 1 /1 Husband Wife Mother's Day 9am on Mother's Day untilBam the Wife Wife day after Mother's Day Father's Day 9am on Father's Day until Barn the Husband Husband day after Father's Day C. Unavailability: In the event either Parent is going to be unavailable to exercise his or her custodial periods for a period of 4 hours or more, that party shall notify the other party of that unavailability and, the other Parent shall be provided with the opportunity to have custody of Devin for the period of unavailability before the Devin is placed with a third party sitter or day care. I C.~ Pick Up: The party receiving custody of Devin shall be responsible for picking up the child at the beginning of his or her custodial periods, unless otherwise provided herein. 3.04. HEALTH I SURA-NCE. The following shall apply regarding health insurance: A. He Ith Insurance for Souse: if a party currently carries health insurance coverage on th other party that party shall continue to provide that health insurance coverage on un il the date of the entry of the Divorce Decree, whereupon the other party shall be en itled to elect Cobra coverage under that party's employment policy in accordance wit federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. C/Yeatter/Divorce/1 .25.06 Divorce Marital Agreement, revised 1 1/8/06;jinal revisions 11/13/06 - 16 - B. He lth Insurance for Children: Wife currently provides health insurance on the chi dren and shall continue to provide health insurance coverage on the children during th ir minority as long as the children remain eligible therefor and that coverage is av ilable to Wife through employment at a reasonable cost. If Wife no longer has such ins ranee coverage available to her through her employment at a reasonable costs and hu band must supply the same, then Wife shall pay for 50% of the cost of that ins ranee. C. He lth Insurance Documentation: Any party having the insurance coverage on the ot er party or the children pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance inc uding, but not limited to, medical insurance cards, benefit booklets, claim su mission forms and all statements pertaining to the determination of insurance co erage as to each claim made thereunder. D. Mo ification: The health insurance provisions set forth in this paragraph are based on th current financial circumstances of the parties and shall be subject to modification ba ed on a substantial change in those circumstances. 3.05. MEDICAL XPENSES. The following shall apply to the Medical Expenses for the Children that are not c vered by insurance: A. Sh rin of Ex enses: In as much as Wife has not had any involvement in and input into Co leen's life despite numerous attempts, Wife will not be responsible for any medical ex enses for Colleen. The parties shall equally be responsible for the medical, dental an optical expenses not covered by insurance for Devin during minority and each shall pa 50% of any such expenses as they are incurred. For purposes of this paragraph, the ter "medical expenses" shall include annual unreimbursed medical expenses including ins ranee co-payments and deductibles and all expenses incurred for reasonably ne essary medical services and supplies, including, but not limited to, surgical, dental an optical services, orthodontia, chiropractic, psychiatric, psychological or other se ices. B. Ins rance Covera e: If such expense is covered in whole or in part by insurance then th amount of payment owed by each party shall be determined after the insurance pa ment is made. In the event payment is due before the application of the insurance co erage, then the 50% payment shall be made by each party when the expense is inc rred and when the insurance payment is received it shall be divided between the pa ties equally. C/Yeatter/Divorce/1 ,25.06 Divorce Marital Agreement, revised 11/8/06;jinal revisions 11/13/06 - 17 - C. Mo ification: The Medical, dental and optical expense provisions set forth in this pa agraph are based on the current financial circumstances of the parties and shall be su ject to modification based on a substantial change in those circumstances. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTE PARTS. This Agreement may be executed in counterparts, each of which shall be deemed t be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING FFECT. By signing this agreement, each party acknowledges having read and understo d the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full heari g. IN WITNESS WH REOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledg d this Agreement the day and year below written, which Agreement has been executed in vari us counterparts, each of which shall constitute an original. WITNESS: ~~ ~~~- J S S. YEATTEJf Date: // )/-5 /t::1 b / S~Q.~ ELIZA TH ANN YEATTER (SEAL) (SEAL) Date: C/Yeatter/Divorce/1 .25.06 Divorce Marital Agreement, revised 1 1/8/06; final revisions 11/13/06 - 18 - COMMONWEALT OF PENNSYLVANIA SS. On this t e /~ day of ~ , 2006, before me the undersigned officer, personallyappe red, JAMES S. YEATTER, known to me (or satisfactorily proven) to be the person whose name is ubscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNE S WHEREOF, I hereunto set my hand and notarial seal. COMMONWEAL H OF PENNSYLVANIA N tarial Seal Deborah L. nley, Notary Public Camp Hill , Cumberland County My Commissi Expires Sept 23. 2007 Member, Pennsylv ~ia Association Of Notaries ~or~ NOTARY PUBLIC . My Commission Expires: COMMONWEALT OF PENNSYLVANIA SS. On this t e /1/.a day of /I~ , 2006, before me the undersigned officer, personally appe red, ELIZABETH ANN YEATTER, known to me (or satisfactorily proven) to be the person whose na e is subscribed to the within Agreement, and acknowledged that she executed the same for the pu poses therein contained. IN WITNE S WHEREOF, I have hereunto set my hand and notarial seal. d~ cr ~--I~I NOTARY PUBLIC . My Commission Expires: COMMa 10:, TH OF PENNSYLVANIA NotIIIaI Seal DetIo@h L. Donley, Notary Public Camp Hill El<:lro, Cumberland County My Commission Expires Sept 23. 2007 Member, Pennsylvania Association Of Notaries C/Yeatter/Divorce/1 .25.06 Divorce Marital Agreement, revised 11/8/06; final revisions 11/13/06 I I - 19- o f~~ (.-..' ;r: ---j ~-< l">-,) C;J L~':::;; <:~J" () --11 .-1 ~-r h; :r.J r-..' -;; f-..) 1',:) c:) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES YEA TIER, Plaintiff NO. 06-574 CIVIL TERM V. CIVIL ACTION - LAW ELIZABETH A. YEATTER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 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. Dated: II /9' )~ ~ I ~~~ ~E ER 8 s: "U UJ tpq::' ~-'. 05:: ~t:, :J>. (', Zc J::'c: Z ~ ,.....;) c:::l c::::> CI"'> o f"l'1 n I o -n ~:n -oFr. :09 06 '-:1,." ;r::rl ,::>~. z o -l ?E .< -0 :x ~ w CD - ------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES YEA TIER, Plaintiff NO. 06-574 CIVIL TERM V. CIVIL ACTION - LAW ELIZABETH A. YEA TIER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 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. Dated: I " I i loc, '/ I ~~ ) (J. ELlZAB H A. YEA TTER (') f ::Rtt: '">' [! <~ " ;:.-;;c C,? )., rs;o,; ~(:', <"C :.s c:.." :2: ::< ~ ~ ~ C"? , - ~ ;S; ~ ~;o ,...... ErE O.L -. I Sf,l -1:: -rJ ':)_1 ~d om ~ ::0 -..:: c.v co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES YEA TIER, Plaintiff NO. 06-574 CIVIL TERM V. CIVIL ACTION - LAW ELIZABETH A. YEA TIER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A [)IVORCE DECREE UNDER SECTION 3301 ~ OF THE DIVORCE CODE 1 . I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: 1/ Ir /tJ? t/l o c: g: 0:\ ~r\l ...,.'X' ~f" ~?=, ~C )>C Z. . :PC z. ~ ~ c:::o c:;:::l C$' o F""l ("') I ~ ~::o Fr"i :.89 C)iCI I=H 0- z ("') om ~ ~ -0 :x iG .. (.;.) CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES YEA TIER, PLaintiff NO. 06.574 CIVIL TERM V. CIVIL ACTION. LAW ELIZABETH A. YEATIER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNl)ER SECTION 3301 ~ OF THE DIVORCE CODE 1 . I consent to the entry of a finaL decree in 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 Waiver are true and correct. I understand that faLse statements herein are made subject to the penaLties of 18 Pa.C.S. ~4904 reLating to unsworn falsification to authorities. Dated: ~Q.~ ELlZAB H A. YEA TIER g S -00:; m{.[, ~'r:-C~' (;~ ::~ -<c'" , ;;::- ~F; };.? z :;l ~ G;::) t::r' ~ ("":l I ~ ~.:!J :B.~ 9(f: ~'C -1'1 Q6 "'- m 53 ?is :< -0 ::It N .. w co S.AIDIS~ FLOWER & LINDSAY ATJORNEYS.AT.lAW 26 West High Street Carlisle, PA II JAMES YEATIER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-574 v. ELIZABETH A. YEA TIER, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on January 30, 2006. An Affidavit of Service was filed with the Court on February 8, 2006. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was signed: By Plaintiff: November 9,2006 and filed with the Prothonotary contemporaneously herewith. By Defendant: November 14, 2006 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was signed: By Plaintiff: November 9, 2006 and filed with the Prothonotary contemporaneously herewith. By Defendant: November 14, 2006 and filed with the Prothonotary contemporaneously herewith. Carol J. Lindsay, Supreme Cou 10 0.44693 26 West High eet Carlisle, PA 17013 717 -243-6222 g ~ -oct:':. rn fn Z-; zC ~~; r;:C ~D: ~ ~....(.- ~~(..,) ")>C. ~ ......, c:::> c:;;:) c;:r. ~ ('"") t -0 :3 N .. w CX"J ~ ~~ m ;:1y SC\ ::-.c ::n C~O ~m ~ -p.. ~ ..------- ff. ff. ff. ff. ff. ff.ff. ff. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF ff. ifi ifi ff. ifi JAMES YEATTER 06-574 No. VERSUS ELIZABETH A. YEA TTER DECREE IN DIVORCE AND NOW~~ fe, DECREED THAT JAMES YEATTER ~~'T IS ORDERED AND , PLAI NTI FF, AND ELIZABETH A. YEA TTER , 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; N~ The terms of the Separation and Property Settlement Agreement dated November 15, 2006 are incorporated, but not merged, into this Decree in Divorce. ff.ff.ff. '+';+; ff. ifi ff. ff. ff. ifi ff. ff. ff. '+' ff. ff. fIi ifi ff. '" ff. '" ATTEST: J. fIi '" '" ifi ifi '" PROTHONOTARY '" '" '" '" f1iff. ff. ff. ff. ff. ififf.ifi ff.ff. ff.ifi ifi ff. ifi ff.ff. ff. ifi ff. ff.ififll"'ififll :-f.~:-f.:f. fIl'" ~,) --/'?l (W) ~jp.~ ~ ~ 1fJ' $' (?/ 4~ p~ ~~? ~TW t?}(/, $ .el .. . . -- . ".." .. "..'