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VI.
IN THE COURT Of COMMON PLEAS Of
CUMBERLAND COUNTY, PENN8YLVANIA
CIVIL DIVISION. LAW
NO.eoe CIVIL, 1884
IN DIVORCE
LISA YOUNT,
PI.lntlft
DAVID A. YOUNT,
Defendant
THIS Agreement made this
;}li-\-\"
day of
, 1994 by
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\
and between LISA YOUNT, of 485 Petersburg Road, Carlisle, PA 17013, hereinafter referred to as
WIFE, and DAVID A, VOUNT, of 177 East Pomfret Street, Carlisle, PA 17013, hereinafter referred
to as HUSBAND,
WJ.T1!U.Wlii.
WHEREAS, the parties hereto are husband and wife, having been Joined In marriage on April
28, 1984 In Carlisle, Cumberland County, PA;
WHEREAS, a Complaint for Divorce has been filed In the Court of Common Pleas of
Cumberland County, Pennsylvania, to the No. 609 Civil, 1994; and
WHEREAS, 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, the settling
of all matters between them relating to the ownership of real and personal property, end In general,
the settling of any and all claims and possible claims against the other or against their respective
estates.
NOW, THEREFORE, In consideration of theoe considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
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sufflclenoy of which Is hereby acknowledgfJd by each of the parties hereto, HUSBAND and WifE,
each Intending to be legally bound, hereby oovenant and agree as follows:
1, Advice of Counlel: The parties hereto acknowledge that eech hel been notlflad of .
his or her right to consult with counsel of his or her choice, end have been provided e oopy of thle
agreoment with which to consult with counsel, WifE Is represented by Carol J. Undsay, Esquire,
and HUSBAND has been advised that he may be represented by counsel of his cholcs, Each plrty
scknowledges end accepts that this agreement Is, In the circumstances, fair and equitable, and that
It Is being entered Into freely end voluntarily, after having received such Idvlce end with luch
knowledge a8 each has eought from counsel, and that execution of this agreement Is not the result
of any dureas or undue Influence, and that It Is not the result of any Improper or Illegal agreement
or agreements.
2. Divorce: The parties agree to the entry of a Decree In Divorce. The parties will
execute, on the date of this agreement, Affidavits of Consent pursuant to 23 PA C,S,A. . 3301(0)
consenting to the entry of a Decree In Divorce.
3. per.on'l Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their perlonal property, end that ell perlonal property shall be the lole
and Individual property of the party In whose possession It Is as of the date of this agreement.
WIFE will retain the 1990 Honda LX and HUSBAND will execute any and all documsnt. to Iransfer
all his right, title and Interest In said Honda LX to WIFE. WIFE will pay the balance of the loan for
the purchase of said vehicle and ehalllndemnlfy end hold HUSBAND harmless against any loss a8
a result of said loan. HUSBAND will retain the 1984 Toyota pick up.
2
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4. Rell Property: The parties are owners of a home at 177 East Pomfret Street, Carlllle,
Cumberland County, PA 17013. The home is encumbered by a mortgage in favor of Harris Savlngm
Bank. Within two years of the date of the Decree In Divorce, HUSBAND will refinance the marlt.1
home or otherwise arrange for WIFE'S obligation on the mortrgage to be voided. In the event that
HUSBAND Is not able to refinance, the parties will list the subject property for sele at . price
mutually agreeable or to bll determined by an appraisal, the cost of which Will be equally borne by
the parties. In the event that the house Is refinanced, rather than sold, WIFE will trensfer to
HUSBAND all her right, title and Interest In the marital home by providing to him a special warranty
deed. In the event that the house Is sold, the parties will cooperate by executing a special warranty
deed In favor of the purchasers. Until WIFE Is relieved of her obligation on the existing mortgage,
HUSBAND will make all mortgage payments and pay the taxes, Insurance and all other charges on
account of the marital home in a timely manner, and shall Indemnify and hold WIFE harmless on
account of any such chargas or claims.
5, Alimony: The parties waive any claim that they may have one against the other for
alimony or spousalllupport. The parties acknowledge that each has sufficient assets with which
to maintain themselves aftor divorce,
6, Mlrltll Debt: The parties have, In their own names, certain credit card accounts
which may Include some marital debt. Each party will be responsible for the debt on the credit card
accounts In his or her name. The parties wRrrantthat they have Incurred no debt since the date
of separation, January 2, 1994 for which the other may be liable. From the date of this agreement,
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each party will Incur no debt for which the other may be liable, and will Indemnify and hold the other
harmless for any debt so Incurred.
7. CUltody: The parties are parents of Rachel Vount, born Mclrch 18, 1989. The parties
shall share legal and phyelcal custody of said child, with HUSBAND having primary physical custody
of the child during the school year and WIFE having physical custody of the child during eight (8)
to ten (10) weeke each summer, Prior to May 1st of each year, the parties shall consult and agree
upon the ten week period during the summer during which WIFE will have primary physlcll custody
of the child, "the parties are unable to agree, WIFE shall have primary physical custody of the
child from the Saturday after the last day of school for ten consecutive weeks.
The parties shall share the Christmas vacation period by alternating years. In 1994, WIFE
shall have primary physical custody of the child from the day school Is out for the Christmas break
until the day before school resumes after the now year. In 1996, HUSBAND will have the child for
the Christmas vacation and so on.
WIFE shall have physical custody of the child for the Spring vacation from school every year
and at such other times 8S she shall be In Cumberland County at times by agreement of the pertles.
The parties anticipate that WIFE shall be residing In Texas commencing mid June, 1994, For
the summer of 1994, WIFE shall have the child for only two weeks. WIFE shall give HUSBAND
three weeks advance notice as to the exact times when she will exercise her rights of custody of
the child during the summer of 1994. In the event that WIFE chooses to provide Ifrline
transportation of the child to Texas with the maternll grandmother, HUSBAND will provide the child
to the grandmother for the purpose of the trip.
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The plrtles will encourlge a loving relationship between the child and one another Ind shall
do nothing to damsge the relationship of each party with the child. To that end, liberal telephone
and wrltt.n contact betw..n the child and the partl.s will be encourag.d by both.
Th. COlt of transporting the child for periods of custody with WIFE will be borne by the
WIFE.
8. Modlflc.tlon: No modification, recision, or amendment of this agreement shall b.
effective unl... In writing signed by each of the parties h.reto.
9. AppllClble Law: All acts contemplated by this agreement shall be construsd Ind
enforced under the laws of the Commonwealth of Pennsylvania.
10. Agrllment Binding on p.rtles and Helra: This agreement, except as otherwls.
expressly provided herein, shall bind the parties hereto, end their respective heirs, .xecutorl,
administrators, I.gal r.presentatlves, assigns and successors In any Inter.st of the parties.
11. Agreement Not to be Merged: This agreement shall be Incorporated Into ths flnll
decree of divorce of the parties hereto for purposes of enforcement only, but oth.rwls. shall not
be merged Into said decree. The parties shall have the right to enforce this agreement under the
Divorce Code of 1980, as amended, and In addition, shall retain any remedies In taw or In equity
under this agrllement as an Independent contract. Such remedies In law or equity are spsclflcally
not waived or released.
12. Document.: The parties hereto agree that they will execute and deliver ons to the
other any documents n.cessary to give effect to the terms of this Agreement.
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13, full .nd Flnll Settl.ment: WIFE and HUSBAND each do hereby mutually remllt,
release, quitclaim and forever discharge the other and the estate of such other, for all time to come,
end for all purpose IS whatsoever, of end from any end all rights, titles, Interests or claims In or
against the property (Including Income and ualn from property hereafter accruing, of the other) or
against the estate of such other, of whatever nature and wheresoever situate, which she or he now
has or at any time hereafter may have against such other, the estate of luch other or any part
thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other,
or by way of dower or curtesy, or claims In the nature of dower or curtesy of widows' or widowers'
rights. family exemption or similar allowance, or under the Intestate laws, or the right to take against
the spouse'e will; or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any other State, or any other Country, or any rights which either spouse may
have, or at any time hereafter have, for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or before the breach of any
thereof. It Is the Intention of HUSBAND and WIFE to give to each other by the execution of this
Agreement a full, completa 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
6
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VI.
IN THE COURT OF COMMON PLEAI 0"
CUMBERLAND COUNTY, PENN8VLVANIA
CIVIL ACTION. DIVORCE
NO. 108 CIVIL 1884
LIlA VOUNT,
Plllntltf
DAVID A. YOUNT,
D".ndlnt
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARV:
Transmit the record, together with the following Information, to the court for entry of . divorce
decr.e:
1, Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce
Code.
2. Date end manner of eervlce of the complaint: By Certlb" Mill. Return Receipt
Reaueeted. Deliver to Addressee Only on February 1~. 1994.
3. (Complete either peragraph (a) or (b).
(I) Date of execution 01 the affidavit 01 consent required by Section 3301 (c) 01 the
Divorce Code: by the Plaintiff on f,1ay 24 . 1994; by the Defendant on t,1ay 24 . 1994.
(b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the
Divorce Code: '
--,
(2) Date 01 service of the Plaintiff's affldavlt upon the Defendant:
4, Related claims pending: None
5. Indicate dste and manner of eeMae of the notice of Intention to "Ie praecipe to
transmit record, and attach a copy of laid notice under section 3301 (d)(1)(i) 01 the Divorce Code.
I.l. <..4-0l '\
Carol J. Undsay, Esquire
\ Attorney for Plaintiff
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"IWpll"JII4I'....IV....WIV
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. DIVORCE
NO. {,:L:t CIVIL, 1884
IN DIVORCE
t,lOTICE
YOU HAVIIEEN SUED IN COURT. II you wish to defend against the claim II set forth In
the following pagel, you mU8t take prompt action. You are warned that If you fall to do 110, 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.
LISA YOUNT,
Pl,'ntlff
VI.
DAVID .Il. YOUNT,
Defend.nt
When the grounds for the divorce Is Indignities or Irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors 18 available In the Office of the
Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013.
IF VOU 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 RIOHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO VOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE VOU CAN GET LEGAL HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
(717) 240.6200
FLOWER, MORGENTHAL, FLOWER'" L1NDSAV
AuorneYI for P'llntlff
(
By:
(. ." {. ,"r,.,
Carol J. ~ll1dj ,Esquire
10 , 44693'
11 E. High St., Carlisle, PA 17013
(717) 243.5513
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VI,
IN THE COURT OF COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
:. CIVIL ACTION. DIVORCE
.I.IIA YOUNT,
PI. Inti"
DAVID A. YOUNT,
De'end.nt
NO. CIVIL,1884
IN DIVORCE
COMPLAINT
NOW COMES, Plaintiff, by her attorneys, FLOWER, MORGENTHAL, FLOWER & LINDSAY,
and respectfully repres$nts:
1, The Plaintiff Is LISA YOUNT, who currently resides at 485 Petersburg Road, Carlisle,
Cumberland County, PA 17013, since January 2, 1994.
2, The Defendant Is DAVID A. YOUNT, who currently resides at 177 East Pomfret Street,
Carlisle, Cumberland County, PA 17013, since March, 1993.
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 Dsfendant were married on April 28, 1984, at Carlisle, PA 17013,
5. That there have been no prior actions of divorce or for annulment between the parties In
this or In any other jurisdiction.
6. The Plaintiff avers that she Is entitled to a divorce on the ground that the marriage Is
Irretrievably broken and Plaintiff Is proceeding under Sections (3301 (c) and/or (d) of the Divorce
Code.
7. Plaintiff has been advised of the availability of marriage counsllling and of the right to
request that the Court require the parties to participate In marriage counseling, and does not
request counseling.
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8. Plaintiff requests the Court to enter a decree of dlvoroe.
FLOWIR, MOROENTHAL, FLOWIR . LIND8AY
AttorneYI for Plllntl"
Date:.J4i/#-
,
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10 ;; 44693
11 East High Street
Carlisle, PA 17013
(717) 243.6613
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