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Home My WebLink About06-2535 'II JAMES L YEINGST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06- ,;2:fjS-CIVIL TERM v. WENDY J. YEINGST, Defendant : CIVIL ACTION : 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 will proceed without you and a decree in divorce or annulment may 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 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 151 Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 / ~ II JAMES L YEINGST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06- CIVIL TERM WENDY J. YEINGST, Defendant : CIVIL ACTION : IN DIVORCE COMPLAINT 1. Plaintiff is James L. Yeingst, an adult individual, currently residing at 3272 Enola Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Wendy J. Yeingst, an adult individual, currently residing at 3272 Enola Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this Complaint 4. Plaintiff and Defendant were married on August 24, 1985 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the pa rties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties marriage is irretrievably broken. 'II WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce. Respectfully Submitted TURO LAW OFFICES .5 /s:A4 Date '" VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa. C.S. 94904 relating to unsworn falsification to authorities. 02.1f7tr Ol, Date /2 ~ /' ,.", (., 1..# James L Yei~ (/U~~ Ii JAMES L. YEINGST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06- CIVIL TERM WENDY J. YEINGST Defendant : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct [' copy of the Complaint for Divorce, by depositing same in the United States Mail, I Certified Return Receipt on the Sr),. day of M';;;;J ,2006, from [ Carlisle, Pennsylvania, addressed as follows: Wendy J. Yeingst 3472 Enola Road Carlisle, PA 17013 TURO LAW OFFICES (~ 8 -. ~ --.l '.....)"-'\ ~ -.<- G:> F "-> ~. 9-" d '-'" --1 - \> -t) \';, --.l ? -r'i:' ~-f\ ;-1 ~~' . . . ~ .J r-> cP "'" ..:'-" :;!\" Y'" ~ \ <.;. "):; .;.-- ~'<.:. ',L-, :2. ~ o -0:1 '~-n fl1;';;;''; 4.'1\1' -_1~JO ,:,,] (-} :>;'J--:" , '.~~~i ~\ :,; :z p :1=- (.~ x:" ...J II > JAMES L YEINGST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-,.,2535- CIVIL TERM v. WENDY J. YEINGST, Defendant : CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is James L Yeingst, an adult individual whose residence is at 3272 Enola Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Wendy J. Yeingst, an adult individual whose residence is at 3272 Enola Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of his children, Dylan R. Yeingst and Logan G. Yeingsl. 4. The children are presently in the custody primarily of plaintiff and defendant. 5. The children have lived at the following addresses: Address Dates Name Dylan R. Yeingst 3272 Enola Road Carlisle, PA 17013 Date of Birth to Present Logan G. Yeingst 3272 Enola Road Carlisle, PA 17013 Date of Birth to Present 6. The relationship of the plaintiff to the children is that of natural father. 7. The relationship of the defendant to the children is that of natural mother. 8. The plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 9. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. 'il" -ur- 11. No other persons are known to have or claim to have any right to custody or visitation of the children other than the parties to this action. 12. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the children. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant the plaintiff's requests for shared legal custody and primary physical custody of the children to the plaintiff with partial physical custody of the children to the defendant. Respectfully Submitted TURO LAW OFFICES .; / t!).s- / c; k Date . alen R. Waltz,-Es 28 South Pitt Stre Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 'il JAMES L. YEINGST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-%3.1- CIVIL TERM v. WENDY J. YEINGST Defendant : CIVIL ACTION - CUSTODY VERIFICATION I verify that the statements made in the foregoing Custody Complaint 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 falsification to authorities. D~t~ ~/ 0 {-, //Z ~(h~" / James L Y~s / ~ I II 11 JAMES L YEINGST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-.A 5':3..5 CIVIL TERM v. WENDY J. YEINGST Defendant : CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint for Custody, by depositing same in the United States Mail, first class, postage pre-paid on the 51'4 day of ~v , 2006, from Carlisle, Pennsylvania, addressed as follows: Wendy J. Yeingst 3472 Enola Road Carlisle, PA 17013 TURO LAW OFFICES -Galen R. Waltz, EsC1uire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ~~ / ' ---, --l -.'::. 0", --' ~. '(6.J ~ 'r~ W\S::J; "" G'"' -S:' --J - ~ o ~ """"1 ,~ ; rh-\' ,;:~ --', / f:-~ " \.I, "" r-> "'" ,;..:.;> if' :% y~ ...<. \ <Jl So:::' o JY (~ ,~~ ',,'" 'M~'-") ~ ~-r1 \"'\i~' .-ctts ~;J""',J '3~ ~~~\ fj'71; , ;I' ~ ) t5;n ,~..\ ?;5 ,-". 'T',"" :;. - t;? <1' c.' . II , , , ~ JAMES L YEINGST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, &(.- ~S.3S- MAY 0 5 2006 WENDY J, YEINGST, Defendant : CIVIL ACTION - CUSTODY CUSTODY STIPULA TION/ORDER .~ AND NOW, this _ ~ __ day of malt ,2006, it is hereby Ordered, stipulated and agreed between the parties as foubws: 1. Dylan R. Yeingst, born August 24, 1992 and Logan G, Yeingst, born January 25, 1996 are the natural children of James L. Yeingst and Wendy J. Yeingst. 2, The Father, James L Yeingst, and the Mother, Wendy J, Yeingst, shall enjoy shared legal custody of Dylan R. Yeingst, born August 24, 1992 and Logan G, Yeingst, born January 25, 1996. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections for the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby, However, that parent shall inform the other of the emergency and consult with him or her as soon as thereafter possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 3. Primary physical custody of the child shall be in the Father subject to periods of partial custody with the Mother. II 4, Beginning on May 3, 2006 the physical custody of the children will be in accordance with the following fourteen day rotation: a. May 3, 2006: Mom will pick up the children from the bus stop at 4:30 p.m, and keep the children overnight. b. May 4, 2006: Mom will continue to have the children overnight. c, May 5, 2006: Mom will return the children to Fathers residence OR the children's school in the morning. Dad will pick up the children at the bus stop at 4:30 p,m. and keep the children overnight. d, May 6, 2006: Dad will continue to have the children overnight. e. May 7,2006: Dad will continue to have the children overnight. f. May 8, 2006: Mom will pick up the children from the bus stop at 4:30 p,m, and keep the children overnight. g. May 9, 2006: Mom will continue to have the children overnight. h, May 10, 2006: Mom will return the children to Fathers residence OR the children's school in the morning. Dad will pick up the children at the bus stop at 4:30 p.m. and keep the children overnight. i. May 11, 2006: Dad will continue to have the children overnight. j. May 12, 2006: Mom will pick up the children from the bus stop at 4:30 p.m. and keep the children overnight. k. May 13, 2006: Mom will continue to have the children overnight. I. May 14, 2006: Dad will pick up the children at Mothers residence at 4:30 p.m. and keep the children overnight. m. May 15, 2006: Dad will continue to have the children overnight. n, May 16, 2006: Dad will continue to have the children overnight. 5. The above fourteen day schedule will be repeated unless otherwise agreed upon by the parties, 6, Physical custody of the children on New Year's Day, Memorial Day, 4th of July and Labor Day shall be determined upon agreement of the parties. 7. Beginning Thanksgiving 2006, the Father shall have custody of the children from 6:00 p.m, Thanksgiving Eve until 9:00 a.m. on "Black Friday". Mother will have the same physical custody of the children beginning Thanksgiving 2007, II I. Subsequent years will alternate between Father and Mother unless otherwise agreed upon by the parties. 8. Mother shall have physical custody from 8:00 a,m, until 7:00 p,m. on Mother's Day and Father shall have physical custody from 8:00 a.m. until 7:00 p.m. on Father's Day, 9. Mother shall have physical custody of the children from 5:00 p,m. Christmas Eve until 1 0:00 a.m. Christmas Day, Father will have physical custody of the children from 10:00 a,m. until 9:00 p,m, on Christmas Day. 10. Father will have physical custody of the children on Easter Sunday from 10:00 a,m. until 4:00 p.m, Mother will have physical custody of the children from 4:00 p,m. until 9:00 p.m, on Easter Sunday. 11. Each parent is to receive a total of two weeks uninterrupted vacation with the children, in accordance with the following requirements: a. Thirty days notice must be provided to the other parent, b. An itinerary with destination must be provided to the other parent, c. A list of all other people accompanying the children on the vacation must be provided to the other parent, d. Emergency contact and phone numbers must be provided to the other parent, e. If the children are going out of state, both parents must sign a written consent. 12, The party receiving custody shall provide transportation from the custodial parent's residence unless otherwise agreed upon by the parties. 13, The exchange of custody shall occur at the custodial parent's residence, unless other arrangements are made and agreed to by both parties for an alternate place for the exchange of custody. 14, The custodial parent shall inform the non-custodial parent immediately of all medical appointments and problems pertaining to the child. 15, Neither parent shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent or hamper the free and natural development of the child's love and respect for the other parent. II 16. Both parents shall have liberal and reasonable telephone contact with the child when the child is in the custody of the other parent. 17, The custodial parent shall provide copies of the child's report card and other reasonable papers affecting the child's education, medical condition, or welfare, 18. This Custody Stipulation/Order shall control, unless the parties agree otherwise. 19, In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. This Custody Stipulation/Order shall be entered as an Order Of Court. D'-I /})?)' Ol.. Date I , /2~LLte- J~es L. Y . 9 1 6\~ ~O\o Date Lu~ ~ ~~ Wendy J, Yeing . 5'IJo ~ J. Date \f'N\fA1ASNN3d I l.l!'\,~,c, ,,,,,'/'~'.:-'1P'A!n" I\J.J\'I'_"\__ ", ,f ,..","_1''1. IV 80 : 1I1~\I B- AVW 900l Ai:NIONOHlOdd 3Hl :lO 301:l:l0:0311:1 II SEPARATION AGREEMENT AND PROPERTY SETTLEMENT .:t...~ This Agreement, made and entered into this ~ day of.Mtl1, 2006, between James L. Yeingst, of 3272 Enola Road, Carlisle, Cumberland County, Pennsylvania, herein referred to as "Husband," and Wendy J. Yeingst of 3272 Enola Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on August 24,1985, in Cumberland County, Pennsylvania; WHEREAS, there have been two children born of this marriage between Husband and Wife, to wit: Dylan Yeingst, d.o,b. August 24,1992 and Logan Yeingst, d,o.b. January 15, 1996. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by Husband and all of her rights of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and, other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtsey, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; I II NOW THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference, Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3, Mutual Power and Estate Waiver, Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in property or estate of the other, and to that end both parties waive, relinquish and forbear the rights of dower of curtsey, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though married, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife 2 1\ il shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution or married property ordered by the Court subsequent to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenance, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein, 4. Child Custody. The parties have entered into a Stipulation regarding the custody of their children which was filed at the Cumberland County Court House on May 8, 2006. 5. Support a, Child Support. The parties have entered into a mutually agreeable Child Support Agreement. b. Medical Care for the Children. The parties agreed that the children shall be carried upon the employer sponsored medical insurance programs provided to Husband. Husband shall pay entire yearly deductible under said plan, as well as one-half of any year fee assessed for the operation of the plan, The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. 6. Distribution of Marital Assets. a, The parties agree that the items of personal property listed below at Exhibit A shall be the sole and exclusive property of Wife. All other personal property obtained by the parties during the marriage shall be sole and exclusive property of the Husband. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal 3 II property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. b. The parties agree that the State Farm Mutual Fund, account # 964495, in the amount of $601.77 in the name of Wendy J. Yeingst shall be merged into the account at Citigroup, account #73-H-02364-19, in the amount of $4,831.12 and account #73-H-02364-19 in the name of Wendy J. Yeingst and James L. Yeingst shall be maintained by both parties for the benefit oftheir children Dylan Yeingst and Logan Yeingst. c. The parties agree that the 1997 Dodge Dakota, VIN # IB7GG23Y5VSVS205686, shall be the sole property of James L. Yeingst. d. The parties agree that the 2004 Honda CRY, VIN # SHSRD78874U230228, shall be the sole property of Wendy 1. Yeingst. e. The parties agree that Fry Communications, Inc. Retirement Plan held at Invesmart shall be the sole property of James L. Yeingst. f. The parties agree that the Fidelity account held by Wendy J. Yeingst shall be the sole property of Wendy J. Yeingst. g. The parties agree that the State Farm Mutual Account, # 963909, shall be the sole property of James L. Yeingst. h. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this Agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or from whom it was purchased, and each party hereby surrenders and interest he or she may have in such tangible personal property of the other. 7. Debt. The parties are joint owners of credit cards; however Husband agrees to assume all debts existing on the credit cards and Husband shall hold Wife harmless of any debts existing prior to the filing of the Divorce complaint. 4 II 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Waiver of Spousal Support, Alimony Pendente Lite, and Alimony. The parties herein acknowledge that by this agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed, Wife and Husband do hereby waive, release and give up all rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 10. Waiver of Pension, 401K and Retirement. The parties waive, release and give up all rights they may respectively have against the other for pension, 401K, and retirement proceeds and benefits related thereto, In effect, in consideration of Husband waiving all interest he has in the Wife's pension, 40lK and retirement proceeds and benefits, the Wife waives all interest that she has in the Husbands pension, 40IK, and retirement proceeds and benefits. 11. Real Property, The parties agree that the real property located at 3272 Enola Road, Carlisle, Cumberland County, Pennsylvania shall be transferred into the name of Husband. Husband agrees to assume the existing mortgage and to hold wife harmless for any debt thereto. The parties shall execute all documents concerning the transfer of title to Husband. Both parties agree to execute any and all future documents reasonably related to the transfer oftitle to the marital home and cooperate in the prompt payment of all marital debts as outlined above. The Wife relinquishes and waives all rights she may have in the 3272 Enola Road, Carlisle property and in consideration thereto, Husband waives all rights he may have in Alimony, Alimony Pendens Lite and Spousal Support. 5 II , " ., 12, Counsel Fees and Court Costs. Each party agrees to pay their own attorney fees and cost incurred in the preparation of this document, as well as the preparation and filing of the divorce action captioned at 2006 - 2535 Civil Term and the Custody Order filed at the same number. If either party incurs any other legal fees or court costs, those costs will be borne by the party exclusively. 13. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending a divorce between them in the Court of Common Pleas of Cumberland County to the caption James L. Yeingst v, Wencry, 2006- 2535 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledged they shall execute the necessary Affidavits of Consent for the entry of a final divorce decree in that action within 30 days of August 10, 2006, ]4. Breach,]n the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 15. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any Court of competent jurisdiction. ] 6. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns, This document shall be executed as original and multiple copies, 6 I! 17. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are not other representatives, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 18, Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or things that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WI1NESS WHEREOF, the parties have set their hands and seals the day and year first written above, WI1NESSES: JJJJt.tr a, ~ Wendy j, Yeing t 7 EXHIBIT A Personal Property of Wendy J. Yeingst, wife: AIl Longenberger baskets in the house AIl Candles in the house All pictures form Wendy's mother Living room: 5 Boyds Bears Personal DVD's and VCR tapes Birdhouse Clock Basement: Nordic Trak Exercise Bike Child's rocker Kitchen: I Crock pot Microwave stand George Forman GriIl I Coffee Maker Soft sided cooler Recipe Books Recipe Box with recipes Dining Room: 3 Shelf stand High Chair with Bear Fountain Dylan's Bedroom: Bed Dresser TV Logan's Bedroom: Bed Game Cube DVD player Dresser TV Play Station Bedroom: All Jeff Gordon memorabilia Standing mirror Quilt rack/quilts Chest at foot of bed Wicker Chest Diamond bracelet Garage: Bike 8 Q S .", -l;'J\J.; qJq; ~?1' ". (/) }, ,--' ",: r:C. <... ZC' 6-c!. J>"c ~ ..., = = <J" .". c: ,.-, N - q, :I! en:!! fn 1]9 C.)(~) ::J-i-, _1-....' 0-< kCil 0.' "" ~ ~ - - o cr- ""'"c' II James L Yeingst Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 06-2535 : CIVIL ACTION - LAW : IN DIVORCE CIVIL TERM Wendy J. Yeingst Defendant 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 9 (3301 (c)) of the Divorce Code, 2. Date and manner of service of the complaint: Acceptance of Service, by Wendy J. Yeingst, Certified Return Receipt Mail delivered on or about May 10, 2006. 3. Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code. By Plaintiff: 8/16/06 By Defendant: 8/11/06 4, Related claims pending: None. Date the Waiver of Notice in 93301 (c) divorce was filed with the Prothonotary: By Plaintiff: 8/16/06 By Defendant: 8/11/06 ./ Q, ~ ~~; zc.... q'~~ \2.C. 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Yeingst Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under . ~3301 (c) of the Divorce Code was filed on May 5, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree, I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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 FALSIFICATION TO AUTHORITIES. /b Off- 01., Date a..;:jI0jt? ~ ~~ ~~. ~ ';tr; ..- <!l':~ rL,C ~ ~c. -' ~~ -:: 7- c::> 2. a' Q. i.~ ~~. "6-;Q 5~ ::;.\ ~ II James L. Yeingst Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2535 : CIVIL ACTION - LAW : IN DIVORCE CIVIL TERM Wendy J. Yeingst Defendant WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRE;E UNDER ~3301 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 Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. It, air Date {)L ~ "","\:p ~');.. z~ ':!2 ,. <2. c) "%,O ~C) yC ~ ~"'~ < ~\\ -~f: ~ ~('~ -;:::. ;:::0\ ;;, -~ r:f' II ,- James L. Yeingst Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2535 : CIVIL ACTION - LAW : IN DIVORCE CIVIL TERM Wendy J. Yeingst Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under . ~3301 (c) of the Divorce Code was filed on May 5, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. 2r-l \---0" Date we~~ I , I 1 I I I , , C':l ...., 0 <= c <=> "T1 "'" :r:n ?;:: - "'0 OJ c: mrr; <n mlTj -:7'y'...' ~(~ Po) ~6 >::., -<r' '--4_. k-'- :I> :t,,-i 0- ""C :z ~,,,,n 20 6m >c ~ Z ., ~ <:::> ~ 0"1 -< II James L. Yeingst Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2535 : CIVIL ACTION - LAW : IN DIVORCE CIVIL TERM Wendy J. Yeingst Defendant WAIVER OF INTENTION TO Rl;gUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 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 Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~~ ~ I-exo Date ~"4 Wendy J. Yei 9 ~ Q. ~ ~ ~~ ~~ ~ ~:c ~\~, - ~i ~l. ~ ~~ "%'3 - ::::-l ~~ ~ ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. James L. Yeingst Plaintiff NO. 06-2535 VERSUS Wendy J. Yeingst Defendant DECREE IN DIVORCE :r ;'~57./I'I ~ . AND NOW, ~,.;r ,2006 ,IT IS ORDERED AND . DECREED THAT James L. Yeinqst , PLAINTIFF, AND WendY J. Yeingst , 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; . Separation and Property Settlement Agreement is incorporated . herein but not . ATTEST: J, ----- PROTHONOTARY ~,'l i 1fJ.f!) -6 ~$ :.t::' /4p ~ ~ ~-?rr _ 7V . . . ~ ,). ,,' a:.......- · :"'~">