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HomeMy WebLinkAbout06-5719RUSSELL W. YINGST, Plaintiff V. EMILY S. YINGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - ~ '7I I CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FORALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 RUSSELL W. YINGST, Plaintiff V. EMILY S. YINGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Russell W. Yingst, an adult individual who currently resides at 109 Hill Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065-1310. 2. Defendant is Emily S. Yingst, an adult individual who left the marital residence without notice and whose whereabouts are presently unknown. Defendant's mother resides at 111 West Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065-1336, and it is believed Defendant can be served there. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 11, 2004 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT I -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT II -CUSTODY 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. The parties have one child of their marriage, Paige M. Yingst, born April 26, 2004, age 2. The child was born in wedlock. The child is presently in the custody of Defendant at an unknown location. During the past five years, the child has resided with the following persons at the following addresses: Persons Russell W. Yingst Emily S. Yingst Emily S. Yingst Residences Dates 109 Hill Street April 26, 2004-September 21, Mt. Holly Springs, Pennsylvania 2006 Unknown September 21, 2006-Present The natural mother of the child is Emily S. Yingst, currently residing at an unknown location. She is married to the Defendant. The natural father of the child is Russell W. Yingst, currently residing at 109 Hill Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065-1310. He is married to the Plaintiff. 13. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Names None. Relationship 14. The relationship of the Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Names Relationship Kraig Wallace Boyfriend Paige M. Yingst Daughter 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to grant him shared physical custody shared legal custody Child. Respectfully submitted, O'BRIEN, BARK & SCHERER Date: September Z ~ , 2006 ~r~~ Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff vorce.comp RUSSELL W. YINGST, Plaintiff V. EMILY S. YINGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 -- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION verify that the statements made in this Divorce Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: September 27, 2006 ~ Russ W. Yingst ~.--' , `; ~. ~~ ~ ~ •,; ro, ; ~ ~ ~- ' '~~~ wr^, r. s,,;~ ,~.~ ~ ~± iv`. ~~~ ~~~ '.,J ~,~, ~~ .. r ~~~~ ~; a ~~ ;~; ' y~ ~ s __ ~ . r RUSSELL W. YINGST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - CIVIL TERM EMILY S. YINGST, CIVIL ACTION-LAW Defendant IN DIVORCE PETITION FOR EMERGENCY RELIEF PURSUANT TO PA.R.C.P. 1915.13 AND NOW, comes Russell W. Yingst, by and through his attorney, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, and respectfully represents as follows: 1. Plaintiff is Russell W. Yingst (hereinafter referred to as "Father"), an adult individual residing at 109 Hill Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065-1310. 2. Defendant is Emily S. Yingst (hereinafter referred to as "Mother"), an adult individual who left the marital residence without notice and whose whereabouts are presently unknown. Mother's mother is Susan Fahnestock who resides at 111 West Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065-1336. It is believed that mother can be served or given notice of court proceedings at this address. 33. The parties are the natural parents of Paige M. Yingst, born April 26, 2004 (hereinafter referred to as "Child"). 4. There are no prior custody Orders in this case. 5. The parties are married and were separated on September 21, 2006 when Mother vacated the marital residence with Child without notice to Father. .~ i, ', 6. On or about September 28, 2006, Father filed a Complaint for divorce against Mother which includes a request for a custody order. 7. Father has requested that a custody conciliation be set in this matter. 8. Since the parties' separation, Father has had no contact with Child, as Child's whereabouts are unknown to Father. 9. Mother has not contacted Father whatsoever except that she left a note when she departed the marital residence. The note is hereby attached as "Exhibit A". 10. Father has continuously resided with Child since birth and Father has actively parented Child since birth. 11. Father has received information that Mother has entered a new relationship with an adult male. WHEREFORE, Father respectfully requests this Honorable Court award him shared custody pending the custody conciliation. Respectfully submitted, O'BRIEN, BARK & SCHERER ~t, Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff maslDomesticlYingst,Russelllemergencyrelief.pet ., ~,. dc~oo~r_av~' ~i _?o~io_ ~_wh3t _I _--- -- I 1 am _ Ewa - - ~..tk'e~. of_r -- _I 5 ~~ ;, - ~~'~~ _, ~ , _; f 1 ..__ ~ .~ _~1._no~ ~~ ~' ~ --~- ~. ..._. W......~,.__ ~~ _h~ .~ - ~,_ ..1 ~. ~°-µ- l ,. ~ ~ _ ,~ ~~, ~, .* `~- Exhibit "A" .+ RUSSELL W. YINGST, : Plaintiff V. EMILY S. YINGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Petition For Emergency Relief pursuant to Pa.R.C.P. 1915.14 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: September 27, 2006 Russell . Yingst l.. `'yF~.~~ j 1~. C r~ ,~~ `~. ~' ~' t---, ~~~ ~- t~ ~Y ~~ ~~3 ~~y; _=; .~-. ~~. t .... {~ _~ -,_-r RUSSELL W. YINGST, Plaintiff V. : EMILY S. YINGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 -rj~ ~~ CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT FOR CUSTODY 1. Plaintiff is Russell W. Yingst, an adult individual, residing at 109 Hill Street, '~ Mount Holly Springs, Cumberland County, Pennsylvania, 17065. I; 2. Defendant is Emily S. Yingst, an adult individual who left the marital residence without notice and whose whereabouts are presently unknown. Defendant's mother resides at 111 West Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 3. Plaintiff seeks primary custody of the following child: Name Present Residence Date of Birth Paige M. Yingst Unknown April 26, 2004 The children were born out of wedlock. The child is presently in the custody of the Defendant at an unknown location During the past five years, the child has resided with the following persons and at the following addresses: Name Address Date Russell W. Yingst 109 Hill Street April 26, 2004-September 21, Emily S. Yingst Mt. Holly Springs, PA 2006 Emily S. Yingst Unknown September 21, 2006-Present The mother of the child is Emily S. Yingst who resides at an unknown location. She is married to the Plaintiff. The father of the child is Russell W. Yingst, currently residing at 109 Hill Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. He is married to the Defendant 4. The relationship of the Plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Name Relationship None. S. The relationship of Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Name Relationship Kraig Wallace Boyfriend '~ Paige M. Yingst Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. j ~ Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. 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. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None. WHEREFORE, Plaintiff requests your Honorable Courfi to grant him primary physical custody of the child. Respectfully submitted, O'BRIEN, BARK & SCHERER Micha I A. Sche r, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dirldomesticljones/custody.comp r .~ ~~ -; .:: ~=T~ ..~ _ ---! _ ~' "t '~ _ - „~ _" ~.., .~ ~;~ r, ~ > - ~.. a ~. ~~ ' -,7 { ~. ~.; .: .~ N t~„ ~i to '~,, ~~.~:~ ~' _ '"b,,, RUSSELL W. YINGST, Plaintiff V. EMILY S. YINGST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5719 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE TEMPORARY CUSTODY ORDER AND NOW, this 4'h day of October, 2006, the following Order is entered in this matter with respect to Paige M. Yingst (hereinafter "child"), born April 26, 2004: 1. The parties shall have shared legal custody of the child. 2. Father shall have physical custody of the child as follows: a. On October 4, 2006 from 9 a.m. until Friday, October 6, 2006 at 9 a.m. b. On October 7, 2006 at 9 a.m. until October 8, 2006 at 6 p.m. c. Every Tuesday and Thursday from 4:00 p.m. until 8:00 p.m. d. Every Sunday beginning October 15, 2006 from 9:00 a.m. until 6:00 p.m. e. Alternating weekends beginning Friday, October 20, 2006 at 4:30 p.m. until Sunday at 6:00 p.m. f. At such other times as the parties agree. 3. Mother shall have physical custody of the child at such times as father does not have physical custody. 4. The parties shall exchange the child at the Sheetz store in Mt. Holly Springs on Tuesday and Thursday and all other exchanges shall occur at the Sheetz store at the intersection of Allen Road and the Ritner Highway. 5. This Order is entered on an interim basis without prejudice to the parties to seek a modification of this Order at the conciliation which will be scheduled at a later time in this matter. 6. Father/plaintiff is represented in this matter by Michael A. Scherer, Esquire and mother/defendant is represented by Jane Adams, Esquire. Counsel for the parties evidence their consent to this Order on behalf of their clients by signing below. ..~ 1~ , ~I Jane Adams, Esquire Michael A. Scherer, Esquire BY THE COURT, ~~ M.L. Ebert, Jr., J. ~chael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 S ~e Adam, Esquire 64 S. Pitt Street Carlisle, PA 17013 ~o~ \~~~ k~ ~s~`'r~ ~~'~'`~Y'~~~'~'ifl',~ r~ ~`#-,; ;,, ,'ti'; :HL ~~ >>.- - ~ R i ~ 1 RUSSELL W, YINGST IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EMILY S. YINGST DF.,FF.,NDANT • 06-5719 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, October O5, 2006 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 07, 2006 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT. By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170]3 Telephone (717) 249-3166 :,;, , ~; ~~, ..,., = r.i~s ~~ii ~ ~ . ~ ~ ,• ui +.'1 Iiixr;~~~ ~., - ~k-~.1. ~r' APR S 6 2007 RUSSELL W. YINGST, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2006-5719 CIVIL ACTION -LAW EMILY S. YINGST, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of April, 2007, not being contacted within ninety days from the date of the continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, V acq ine M. Verney, Esquire, Cust Conciliator rut v~ ~ .., s~~ i~ UC. 'L FicJ ~4. ~.iCiY IUU~ l~t~'~1Gi~e ;fir; .~~~.~;~ 3Hi ~0 ~~~:~C`+--Cl~~!!~ RUSSELL W. YINGST, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 5719 EMILY S. YINGST, CIVIL ACTION-LAW Defendant IN DIVORCE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the divorce complaint in this matter. CIVIL TERM ~.: -~. ~~ ~ ~~ Ks d 1 ! ~` c.:,~ .. , ,~, ~., a _.~y Respectfully submitted, BARK SCHERER Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff CIO . op P A A7Ty Czr l~ai 8 ~?'~aSa7UlP mas.dir/domesticlyingstlreinstate ' RUSSELL W. YINGST, IN THE COURT OF COMMON PLEAS Of Plaintiff CUMBERLAND COUNTY, PENN.S4Y,LVA#IIA---_ m V. NO. 2006 - 5719 CIVIL TERM 6. kw EMILY S. YINGST, CIVIL ACTION-LAW = µ y _ Defendant IN DIVORCE COMPLAINT FOR CUSTODY 1. Plaintiff is Russell W. Yingst, an adult individual, residing at 308 North Baltimore Avenue, Mount Holly Sphngs, Cumberland County, Pennsylvania, 17065. 2. Defendant is Emily S. Yingst, an adult individual residing at 109 Hill Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 3. Plaintiff seeks shared custody of the following children: Name Present Residence Date of Birth Paige M. Yingst 109 Hill Street April 26, 2004 Mount Holly Springs, PA Colin J. Yingst 109 Hill Street October 1, 2007 Mount holly Springs, PA Paige was born out of wedlock. Colin was born in wedlock. The children are presently in the custody of the Defendant at 109 Hill Street, Mount Holly Springs, PA 17065. During the past five years, the children have resided with the following persons and at the following addresses: Name Address Date Russell W. Yingst 109 Hill Street April 26, 2004-September 21, Emily S. Yingst Mt. Holly Springs, PA 2006 Russell W. Yingst 109 Hill Street September 21, 2006-November Emily S. Yingst Mount Holly Springs, PA 201.0 Emily S. Yingst 109 Hill Street November 1, 2010- present Mount Holly Springs, PA The mother of the children is Emily S. Yingst who resides at 109 Hill Street, Mount Holly Springs, PA 17065. She is married to the Plaintiff. The father of the children is Russell W. Yingst, currently residing at 308 North Baltimore Avenue, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. He is married to the Defendant 4. The relationship of the Plaintiff to the children is that of natural father. The plaintiff currently resides with the following persons: Name Connie Yingst Relationship Mother 5. The relationship of Defendant to the child is that of natural mother. The defendant currently resides with the following persons: Name Relationship Colin J. Yingst Son Paige M. Yingst Daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME None. ADDRESS BASIS OF CLAIM WHEREFORE, Plaintiff requests your Honorable Court to grant him shared physical custody of the child. Respectfully submitted, BARIC & SCHERER Mich el A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/yingst/custody.comp RUSSELL W. YINGST, IN THE COURT OF COMMON {'LEAS uOF- Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA r V. NO. 2006-5719 71-7 EMILY S. YINGST, CIVIL ACTION-LAW ic. Defendant IN DIVORCE ry ACCEPTANCE OF SERVICE AND 'NOW, this" _ day of 2010, I, Emily S. Yingst accept service of the Divorce Complaint in the above-captioned case. Em y y ingst RUSSELL W. YINGST IN THE COURT OF COMMON PLEAS OF a Q PLAINTIFF PENNSYLVAI CUMBERLAND COUNTY CD MF , -,_ -0 rri C V. 2006-5719 CIVIL ACTION LAW !o -0 o EMILY S. YINGST Y-? FQ 0 IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 18, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 14, 2010 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street )/-/Y- oLd ?? y9t Carlisle, Pennsylvania 17013 (y>i ?. a?X?Dt m Sewrelephone (717) 249-3166 RUSSELL W. YINGST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-5719 CIVIL ACTION - LAW EMILY S. YINGST,a, Defendant : IN CUSTODY -rs rn ORDER OF COURT t.. ._ AND NOW, 23`d day of February, 2011, being advised that the parts s have reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, )a?cqf line M. Verney, Esquire, C ody Conciliator RUSSELL W. YINGST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . C.,_ ?9 ..a V. : Civil Action- Law Z .? c :No. 06-5719 Civil Term -mss - r EMILY S. YINGST, Defendant ;7_1 Cr) IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement is made and concluded this I?9 44, day of ?v-( , 2013, by and between Russell W. Yingst (herein referred to as "HUSBAND") and Emily S. Yingst (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, the parties hereto are husband and wife having been married on March 11, 2004 and; WHEREAS, unfortunate and irreconcilable differences have arisen between the parties by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and WHEREAS, said parties have agreed upon a settlement of all property rights and differences existing between them; and WHEREAS, the parties hereto intend this Agreement to be a full, complete and valid Marital Settlement Agreement, providing for the absolute and final settlement of all their respective property rights and all claims for spousal support, alimony pendente lite, alimony, and counsel fee, costs and expenses; NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by referenced and deemed as essential part hereof, and intending to be legally bound thereby, and for other good and sufficient consideration, the receipt whereof is hereby acknowledged, the parties each having ample opportunity to be separately advised and represented by counsel, mutually agree as follows: NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DOMESTIC RELATIONS CODE OF PENNSYLVANIA. HUSBAND and WIFE acknowledge that HUSBAND has filed a Complaint in Divorce under section 3301(c) of the Domestic Relations Code of Pennsylvania based upon the irretrievable breakdown of their marriage. HUSBAND and WIFE agree to execute Affidavits of Consent and Waivers under Section 3301(c) of the Domestic Relations Code of Pennsylvania and to execute any and all other documents necessary under existing Rules of Pennsylvania Civil Procedure and the local rules of civil procedure of the Court of Common Pleas of Cumberland County, Pennsylvania to secure a final Decree in Divorce from the Court of Common Pleas of Cumberland County, Pennsylvania. Neither HUSBAND nor WIFE shall either directly or indirectly permit the withdrawal of their respect Affidavits of Consent or of any and all other documents executed by HUSBAND and WIFE after those documents have been executed. 2. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which this Agreement is executed by the parties if they have each executed the Agreement on the same date and if they have not executed this Agreement on the same date, then the "date of execution" or "execution date" shall be defined as the date on which the last party executes this Agreement. REAL ESTATE. HUSBAND and WIFE hereto acknowledge that the premises which is situated at 109 Hill Street, Mt. Holly Springs, Cumberland County, Pennsylvania, is owned by HUSBAND and WIFE as tenants by the entireties (hereinafter "Residence") HUSBAND agrees that he shall execute a deed conveying the Residence from HUSBAND and WIFE as tenants by the entireties to WIFE after WIFE has the mortgage refinanced and HUSBAND's name removed from the mortgage obligation. Further, WIFE agrees to pay HUSBAND the sum of SIX THOUSAND DOLLARS($6,000.00) and that WIFE shall pay HUSBAND the sum of SIX THOUSAND DOLLARS ($6,000.00) in consideration of HUSBAND having executed the deed. WIFE'S obligation to pay the consideration recited in this paragraph to HUSBAND is perfected upon the execution by HUSBAND of a deed conveying the interest of HUSBAND and WIFE as tenants by the entireties to WIFE. HUSBAND further agrees to execute any additional paperwork necessary to facilitate the conveyance of the residence from HUSBAND and WIFE as tenants by the entireties to WIFE or to facilitate WIFE's efforts to refinance the note secured by the Residence. WIFE agrees to save and hold harmless HUSBAND from any obligation associated with the Note secured by the mortgage on the Residence and that she shall be liable to and will timely make all payments to the noteholder on account of said note and mortgage and to pay all property taxes and assessments in a timely fashion without contribution from HUSBAND. W /fi f^1 n? o W,74;", -0Y6 ir/ yv he,-cof 4. PROFIT SHARING, PENSION AND RETIREMENT PROGRAMS. Each of the parties hereto acknowledge that they are aware of the existence of the other party's profit sharing, pension and retirement programs and with full knowledge thereof, each waives any marital interest he or she may have in the other party's plan. SEPARATE ASSETS. The parties hereby agree that as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof, hereby waives, releases, relinquishes and forever abandons any and all claims therein, including any claim to death benefits, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 6. DIVISION OF SAVING AND CHECKING ACCOUNTS. All savings and checking accounts in the joint names of HUSBAND and WIFE have been closed, and the funds deposited therein withdrawn and divided between the parties heretofore. All savings and checking accounts in the individual names of HUSBAND and WIFE shall remain the separate property of each, independent of any claims or rights of the other. 7. LIFE INSURANCE. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free from any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. VEHICLES. The parties acknowledge that HUSBAND has and shall retain sole and exclusive ownership and possession of a 1999 Dodge Caravan and 1994 Dodge Dakota. If it should be necessary, WIFE shall execute the title of the vehicle, or any other necessary documents to transfer ownership of the vehicles if WIFE is a name owner, within fifteen (15) days of being requested to do so by HUSBAND. WIFE shall make no claim whatsoever relative to access or use of the aforesaid vehicles from the date of the execution of this Agreement forward. HUSBAND shall be solely and exclusively responsible for any encumbrances of any nature whatsoever on the vehicles and shall indemnify WIFE and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to such encumbrance. The parties acknowledge that WIFE has and shall retain sole and exclusive ownership and possession of a 2005 Toyota 4Runner. If it should be necessary, HUSBAND shall execute the title of the vehicle, or any other necessary document to transfer ownership of the vehicle if HUSBAND is a name owner, within fifteen (15) days of being requested to do so by WIFE. HUSBAND shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. WIFE shall be sole and exclusively responsible for any encumbrances of any nature whatsoever on the vehicle and shall indemnify HUSBAND and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to such encumbrance. 9. PERSONAL PROPERTY. The parties hereto have heretofore divided between themselves all of their marital and non-marital personal property, including vehicles. Each party will retain the personal property he or she has in his or her present possession. Each party does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any items which are in the possession of the other. 10. RESPONSIBILITY FOR EXISTING CREDIT CARD DEBT. Each party shall be solely and exclusively responsible for the repayment of any debt that exists in their name alone and shall keep said indebtedness paid in a timely manner or paid in full. In the event that either party exists as a co-debtor or has access to use of credit cards in the other party's name, the secondary party shall be removed as a debtor or as an available user on any credit cards within fifteen (15) days of execution of this Agreement by the parties. 11. COVENANT NOT TO CONTRACT DEBT. Each party represents and warrants to the other that he or she will not contract or incur any debt or liability for which either might be responsible and both shall indemnify and save harmless one another from any and all claims or demands made against either by reason of debts or obligations incurred by the other. 12. RESPONSIBILITY FOR FUTURE DEBT. All future debts incurred by the parties shall be their individual responsibility and neither shall in any way use or attempt to use the credit of the other in contracting debt. Each of the parties hereto covenants, warrants and agrees that he or she have not in the past and will not at anytime in the future incur or contract any debt, charge or liability whatsoever for which the other of them, their legal representatives, or their property or estate may become liable; and each of them further covenants at all times to keep the other free, harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as provided herein. 13. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 14. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE. The parties hereby represent and warrant to each other that each waives any claim that he or she may have had or will have to spousal support and/or alimony pendente lite from the other as permitted by Pennsylvania law. 15. ALIMONY. The parties hereby represent and warrant to each other that each waives any claim that he or she may have against the other for alimony. 16. BREACH. If either party hereby breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the breaching party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. 17. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS. All property set apart herein either now or on the future as the separate property of either HUSBAND or WIFE and all property now owned by or titled to HUSBAND or WIFE individually and all property acquired by HUSBAND or WIFE individually at any time after the execution of this Agreement shall remain the separate property of HUSBAND or WIFE and shall under no circumstances be considered or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code and such property shall expressly not be subject to equitable distribution nor shall any appreciation in the value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a valid Agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Pennsylvania Divorce Code. 18. DISCLOSURE. Each of the parties hereto agrees that he or she has made full and complete disclosures to the other of all assets and liabilities whether joint or individual of each party and each party further acknowledges that he or she is satisfied that such complete disclosure has been made. 19. INCORPORATION IN JUDGMENT FOR DIVORCE. This Agreement and all of its provisions may be incorporated, but not merged, into any judgment of divorce either directly or by reference. The Court, upon entry of the judgment for divorce shall retain the right to enforce the provisions and terms of the Agreement. 20. COUNSEL FEES. Each party hereto agrees to be responsible for his or her own legal fees and expenses except as set forth herein. 21. PERSONAL RIGHTS. Each party shall be free from all interference, authority, and control, direct or indirect, by the other, as fully as he or she were single and unmarried. Neither party shall disturb, malign, or molest the other, or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to interfere with the occupation, friendships, society, or acquaintances which either of the parties hereto may choose to have from this day forward. 22. EXECUTION OF DOCUMENTS. Each party shall, upon the reasonable request of the other party or his or her designees, promptly make, execute and deliver any papers, documents and instruments and perform such acts as may be reasonably necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement and to carry out the intent of the parties as expressed herein. 23. PARTIAL INVALIDITY. If any provision of this Agreement is or provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 24. WAIVER OF ESTATE CLAIMS. Each party hereby waiver, releases, relinquishes any and all rights that he or she may now have, or hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction, including, but not limited to, the following: (a) to elect to take against the will or codicils of the other party, now or hereafter in force; and (b) to share in the other party's estate in the case of intestacy; and (c) to act as executor or administrator of the other party's estate. 25. SITUS. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 26. CONSTRUCTION. This Agreement shall not be construed against either party as the party preparing it; it being agreed that both parties have participated fully in the preparation thereof. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. REPRESENTATION. Each party acknowledges that this Agreement has been entered into freely and voluntarily with full knowledge of the facts and full information as to the legal rights and liabilities of each, and that each hereby certifies that he or she has fully read this Agreement, understands the same and believes the same to be reasonable under the circumstances. 29. BINDING EFFECT. The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. 30. MODIFICATION & WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 31. ENFORCEMENT. The parties hereto agree that the provisions of this Agreement may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party as the case may be in the instance in questions when any problem arises. 32. PURPOSE. This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations or agreements, oral or written of any nature whatsoever, other than those herein contained. The provisions of this Agreement are intended to consider, determine, and distribute all of the assets of the parties hereto as part of the terms of this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property rights. This Agreement is not intended to be a mere Separation Agreement. 33. INTENTION. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon the heirs, personal representatives and assigns of the respective parties hereto. 34. SURVIVAL OF COVENANTS. The covenants of the parties hereto shall survive the entry of a decree in divorce or the declaration of, and discharge in bankruptcy by either party. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ?40/k-/ Wit ss Witness Russell W. Yin st it n RUSSELL W. YINGST IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. EMILY S. YINGST CIVIL DIVISION NO. 2006-5719 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: C-, ,., C Transmit the record, together with the following information, to the court for entry of Aprc= decree: > te 1. Ground for divorce: r - - ? Irretrievable breakdown under § (3301(c)) awl DC -,> of the Divorce Code. (Strike out inapplicable section.) _ 2. Date and manner of service of the complaint: PQ Defendant signed the Acceptance of Service on November 8, 2010. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 3/5/2013 ; by defendant 311/2013 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: Parties Marital Settlement Agreement dated 2/16/2013 is incorporated but not merged herein as a final order of court. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: 3/8/2013 Date defendant's Waiver of Notice was filed with the Prothonotary: 3/1/2013 t_., o `- --4 r tiN A ey for Plaintift, i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL W. YINGST V. EMILY S. YINGST NO. 20061-5719 DIVORCE DECREE AND NOW, Match M &ti %115"5 _ 1,6k.1 -_, it is ordered and decreed that RUSSELL W. YINGST , plaintiff, and EMILY S. YINGST , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Parties Marital Settlement Agreement dated 2/16/2013 is incorporated but not merged herein as a final order of court. By the Court, Attest: J. w M V. Bud , Proth notary '�� rip �t ��✓ �; -� ; =rl�