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HomeMy WebLinkAbout95-01360 . , . ~.. f , '- f :~~~~:~.:.'_'~:~:~~~"~__'_::_'_:'_-~__'X~~~~~_:~~~~ 8 '"~ -. 1. --' l~ ~ ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~ OF CUMBERLAND COUNTY ~ 8 .;.. ~ .. ';1" ,-, ~ ~ 8 ~ STATE OF ~~~ PENNA. ~ ~ $ ~ ~ S ,..~~..l,1T\no...YcgM,.........,..,.................... II ~ ;,;1 N (). ..,....*}@........ ....,.......,.... 19 9S .. ~ '..,............'............. .'H....' ,Plaintiff................... II ~ ".;, VCI'~IIS' 101.".,. ~ ~ ~ ~ ...~'~'f.PJ.3P!NHr~, ,..,..,..,................ 'II ~ ~ ,......'..,..... .d. Defendant..,. :1 ~ $ e ;.I l' " r, !=! $ ~ DECREE IN ~ ~ DIVORCE ~ ~ ~ ~ "" f ~ " ~ AND NOW, ........, ..~l<:o,~.. ~,~,..,. 19..~,... it Is ordered and ~ ~ MICHAEL OCUM I ff S .:. decreed that..........,....,: ..J?l!-YJ;l?,~,....,......,....,....., p alntl , " ~ S ~ and. . ,., "" " , , " . ." ,~,~, fl\!3;INl, x~'" , , , , , " ,. , ,.,. defendant, ~ " ~ e 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; ::: ~ , . , , . , ~?, ~~~t. ~?~~t~~, ~f7~!1~. ~~, !'PF~~. ~?!, ~???, ~!l, ,if1!=?.rJ??.r~,~ ~ 8 l. ~ ,bllt:, not:, lTeJ:gea, into, t:hie. Decree., . , , , , , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , , , . , , , : I co,'?-/IL! ~',6'f~~'(! tJ/&', ~;.i4~~~f ~ ';<:::;.~' r~ J;-: JYIf,..Qn..; "H' ~ P.c'filhol1olnry ',' ,', ~ _ _. _ .. ___.,~ ..'_, . ,_. ....~._.. __ 'U~' ~ _ "'__. _, ...... _. I ~ .~--~~~-~**--~*~-~~**- t/d~f' ~J. cb,Pj ~;MJ; Z ,e 11~.:#J lI/t/Ar )1t'~ I/~ ~ 4 ttll4;_ . OJ '. , ." ' , , THIS Agreement made this / 'I day of ;f:Ll , 1995 by and between Mary Ann Fabian Yocum, of 214 Willis Road, Etters, PA 17319, hereinafter referred to as WIFE, and Michael David Yocum, of 98.500 Koauka Loop #22A, Alea, HawaII 96701, hereinafter referred to as HUSBAND, WITNESSETH: '\ I , WHEREAS, the parties hereto are husband and wife, having been Joined In marriage on December 15, 1973, In Lebanon, Pennsylvania; and WHEREAS, the parties horeto 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 betweon them relating to the ownership of real and personal property, and In genoral, the settling of any and all claims and possible claims against the other or against their respective estates. NOW, THEREFORE, In consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which Is horeby acknowledged by each of the parties hereto, HUSBAND and WIFE, each Intending to bo log ally bound, hereby covenant and agree as follows: 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. HUSBAND Is represented by Roger M. Morgenthal EsquIre, and WIFE Is represented by Laurie L. WIlliams, Eaqulre. Each party acknowledges and accepts that this agreemont Is, In the circumstances, faIr and equitable, and that It Is bolng entered Into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, and that execution of this agreement Is not the result of any duress or undue Influence, and that It Is not the result of any Improper or Illegal agreement or agreemonts. 2. Divorce: The parties agree to cooperate to obtain entry of a Decree In Divorce. The parties will execute, upon request, Affidavits of Consent under Section 3301 (c) of the Divorce Code, consentIng to the entry of a Decree In Divorce; or a similar provisIon if the divorce Is obtained in a state other than pennsylvania, Both parties agree to waive marriage counseling. Both parties will pay his or hor own attorney's fees. It Is agreed that this Marriage Settlement Agreement shall be Incorporated Into the Divorce Decree so that It will be legally binding and enforceable under the Pennsylvania Divorce Code. 3. Personal Property: The parties acknowledge that they have equitably and satisfactorily divided all of theIr personal property, and that all personal property shall be the sole and individual proporty of the party In whose possession It Is as of the date of thIs agreement, except as may otherwIse be specified herein. 4. Real property: The parties are owners of a home at 214 Willis Road, Etters. PA. HUSBAND will convey to WIFE, all rIghts and title to their Jointly owned property located at 214 WIllis Road, Etters, PA, At the time of the conveyance of said premises to her. WIFE will assume responsibility for payment of the mortgage held on the property located at 214 Willis Road by Bank United of 2 Texas FSB, and she 'will hold harmless HUSBAND from any further obligation theraon. Ukewlse, WIFE shall be responsible for all taxes', Insurance, maintenance and for other expenses for or associated with the ownership of said premises. 5. Alimony: The parties waive any claim that they may have one against the other for i alimony or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. ,The parties likewise agree not to claim any portion of any retirement assets of benefits of the other. 6. Marital Debt: With regard to Marital Debt, the parties agree, as follows: A. The mortgage on premises at 214 WIllis Road, Etters, PA shall be paid by WIFE as specified In paragraph 4 above. B. HUSBAND will assume responsibility for payment of the personal loan due to Evelyn N. Yocum and hold harmless Mary Ann Fabian Yocum against further responsibility for said loan. C. HUSBAND shall pay all credit card obligations of the parties and provide proof of payment to WIFE. D. The parties waive any claim that they may have one against the other for or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 7. Custody: WIFE will have full primary custody and control of David Yocum, but she will not restrict, and In fact shall encourage, liberal visitation with said child by HUSBAND. Dependency exemption for Income tax will be claimed by HUSBAND for the year of 1994. In the event that WIFE dies while DAVID YOCUM Is stili a minor, custody of DAVID YOCUM shall 3 Immediately be transferred to HUSBAND, If he Is then living. If both WIFE and HUSBAND are deceased, It Is the Intention and the desire of each party that Cindy K. Fabian would become guardian of the person of DAVID YOCUM during his minority. 8. . Child support: The parties have resolved the Issue of child support for their son, David Yocum, and an agreement has been entered Into by them and accepted by the Domestic Relations Office. Accordingly, no provision for child support payments Is Included In this agreement. 9. MEDICAL INSURANCE: HUSBAND agrees to provide medical Insurance for DAVID YOCUM until he Is nineteen years of age. HUSBAND will also pay medical Insurance for WIFE until the expiration of the COBRA coverage provided by Allegheny Commuter Airlines which expires December 1, 1997; or until such earlier time when WIFE becomes employed and covered by Insurance through that employment or other Insurance coverage obtained by her, which ever occurs first. 10. Modification: No modification, rescission, or amendment of this agreement shall be effective unless In writing signed by each of the parties hereto. 11. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 12, Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, ,\ administrators, legal representatives, assigns and successors In any Interest of the parties. 13. Agreement Not to be Merged: This agreement shall be Incorporeted Into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged Into said decree, The parties shall have the right to enforce this agreement under the 4 Divorce Code of 1980, as amended, and In addition, shall retain any' remedies In law or In equity under this agreement as an Independent contract, Such remedies In law or equity are specifically not waived or released. 14. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 15. FuJI and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, , ., " release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, Interests or claims In or against the property (Including Income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such 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, or widows' or widowers' rights, family exemption or similar allowance. or under the Intestate laws, or the right to take against the spouse's 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 liIe, 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 5 , , , , " Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement, or for the breach of any thereof, subject, however, to the Implementation and satisfaction of the condition precedent as set forth herein above. 16. BREACH: In the event that either party breaches any provision of this Agreement, he I or she shall be responsible for any and all costs Incurred to enforce the Agreemenr, Including, but not limited to, court costs and counsel fees of the other part. 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. 17. ADDRESS INFORMATION: Each party will provide the other with telephone and address Informa~lon at all times, whether for a permanent address or for a temporary one of more than one week. IN WITNESS WHEREOF, the parties hereto have set thBlr hands and seals the day and year first above written. Witness: (Seal) (Seal) 6 ":.:,',,......~.,~''"'.''.''''',~:..'~~-t~~~~i~ ~ - ::a_ -, ;.o.~ ~~ Li>!':';,'._';,~~ l::'~;:":'; ;~;;~?~,~~ '.,'.-;' . . 'It:; ~.~ ''''.:Cl.''l141 I"~ :,1.'. '1.. 1.4 :,) OQ 'I iE, ~ .., l""') lr} . ''''"' , " c:\wp51\RoSor\P1ds\yocum.con\.mr MICHAEL DAVID YOCUM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO: 95-1360 CIVIL TERM v. MARY ANN FABIAN YOCUM, Defendant 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 Sections 3301 (c)~ of the , Divorce Code. 2. Date and manner of service of complaint: Acceptance of Service signed by the attorney for Defendant on April 19, 1995. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff .:L\.1rl1L-: by the Defendant: ., II (.{ 'J '5' 4. Related claims pending: .M9.M. 5. Indicate date and manner of service of the notice of Intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(1) of the Divorce Code. WA. FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff B~ nl~ Roger M. Morgent ai, Esquire 10 # 17143 11 East High Street Carlisle, PA 17013 (717) 243-5513 ::c c.- , . ...... ,......., "'':~ ::tl~ , ' " ~~ ':.1: ~';' ",!; h. 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VB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION . DIVORCE MICHAEL DAVID YOCUM, PlalntllT MARY ANN FABIAN YOCUM, I Derendant NO. 95. 13("U IN DIVORCE CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to deCend agninst the claims set Corth In the Collowing pages, you must take prompt action. You are warned that If you fnil to do so, the case may proceed without you and a decree of divorce or annulment may be I i entered against you by the Court. A judgment may also be entered against you for Bny other claim or relieC requested In these papers by the PlalntiCC. 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 oC the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator, Fourth Floor CUmberland County Court House Carlisle, Pennsylvania 17013 (717) 240.6200 " . MiCHAEL DA VlD YOCUM, Plalntllt IN THE COURT OF COMMON PLEAS OF CUMBERLAND couNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE V8. NO. 95. 1.3~o CIVIL TERM MARY ANN FABIAN YOCUM, Defendant IN DIVORCE MicHAEL DAVID YOCUM, Plaintiff, by his attorneys, FLOWER, MORGENTHAL, FLOWER & LlNDSA Y, respectfully represents: 1. The Plaintiff Is MICHAEL DAVID YOCUM, who currently resides at 98-500 Koauka Loop # 22A, Alea, HI 96701, where he has resided since December 1994. 2. The Defendant Is MARY ANN FABIAN YOCUM, who currently resides at 214 Willis Road, Etters, PA 17319, where she has resided since December 1974. 3. The Defendant both have been bona fide resident In the Commonwealth of Pennsylvania for at least six months Immediately prior to the filing of this Complaint. The Plaintiff resided In the Commonwealth of Pennsylvania until 1994. By a separate writing to be filed in this case, both Plaintiff and Defendant consent to venue being in Cumberland County, Pennsylvania pursuant to Pennsylvania Rule of Civil Procedure 1920.2 (a)(2)(I). 4. The Plaintiff and Defendant were married on December 15, 1973, at Lebanon, PA. 5. There was one other action for Divorce between the parties filed In York County, Pennsylvania to No. 92 SU 00312.020. but that was terminated by agreement of the parties on July 20, 1993 by a Stipulation filed that date. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage ",-. -'...' . _'_\"-"~"~_~"'" '.>..i...""..v.,.j'..-~"'~-~~ '1 . '. . is Irrctrlevably brokcn and Plaintiff Is proceeding undcr Scctlons 3301 (c) and/or (d) of thc Dlvorcc Codc. 7. Plaintiff has been advised of the avallablllty of marriage counscllng and of thc right to request that thc Court require the parties to participate In marriage counseling, and docs not rcqucst counseling. 8. Plaintiff requests thc Court to enter a decree of divorcc. FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff By: 7l#lJ14 ~ Roger M. Morgenthal, Esquire lD # 17143 11 East High Strp.et Carlisle, PA 17013 (717) 243-5513 '. . ~ I, thc undersigned, hereby verify that the statemcnts made herein arc true and correct. I undcrstand that false statements herein are made subject to the penalties of 18 Pa. C.S. 0 4904, relating to unsworn falsification to authorities. Date: 2./ZS/'f . , _, ~'\;"""".;,.~,,,:.~~~.~~':tM!! i ~ ~ X i ", I .' . l :{ ( I, I' " col.pSlldI......."_..- vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA CML ACTION. DIVORCE MICHAEL DAVID YOCUM, Plaintiff I I MARY ANN FABIAN YOCUM, Defendant NO. 95. 1360 IN DIVORCE CML TERM . . t- I accept service of the Complaint in Divorce on behalf of Mary Ann Fabian Yocum an\! certify that I am authorized to do so in the above captioned matter. 1/1? Irr- Date ilI1 . Box 147 Hummelstown, PA 17036 ~~ LI") en - :;:~ ....t.... ll.':~:!': _, ~:r.;-.I- .....(;..'''-.:.., ~J;,-~-2 '. ': .~ ~, "j! == -", '" .:r - - c:::> ''J "'" .... ~ ,',.."", .;; ,~' ,,:;"_0, ~;;iJ ."~...; ;f i<' ~,;: I "1,"1: "~J .., >~ IJ') en - ~;..... ..!~; ~ au:..:..,." N ~:r.':-'..<; I"':t."( .., .:r I... "l':",.' t;J. t : ,I:, ;~-' ; ;;' ,~~ ~~' :',Juj..r: t . . r ~ .., J ',-':1,;\ ~.g <, - - = <-..I "" no """ OH ~H e~ '" '" ~ . . .. IH +l p~ .... 51'1 0 iii IH a l'lu:::i' ,.j z ~ .", III t!: PI >I E-< .jJ 'tl P ~ ~ ~S tti~ N..J"", III H a a PI~- ~ < 1'1 '" ~! !;! .", .l1J 0<'1 !Z~g~j:~ N~ ~ III s~ iii ~ ~ . ~ o 0:" ~ PI H .r-l ~~~ - . U :f:PI ua WZ::;...Ul~ 0: 111 !i>- '0 .. p 0 ~~~ L?::iO<:t>- 11lL?Ll.l< U>I U >I ~~~E8~ =:O:=:Ul {j~ 0 N 0000 >I :ij 0": . E-<HO :Ec.::z~:tz ~::E..J~ 0 a . H ~~:;: .w!2of-oW . "'..I f;!U ~ ~ ~ ~~~~Ulp: .::E . . 00:0:1 81 ~1 ~ ..,r-l ~Oo<~~ 13Ll.l130 M a t~gJ ...I g: .... Ul ::EL?::EO: I ~ III 0 >-l ffi~g o l.Lo ....::3 ~~~l5 . iii en ~ .~ Ii < ~ ~!il iii iii ---- t:l i gJP<g U >< . u -_._- ~B 0 ~ ~ ClOO: Z E-< p, ~~ ~ OC-I .0. ~ c:\twpll\I\Dpr\I'ldI\yOCIIm.Qlft\II1I' MICHAEL DAVID YOCUM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO: 95.1360 CIVIL TERM v. MARY ANN FABIAN YOCUM, Defendant MICHAEL DAVID YOCUM, Plaintiff, being duly sworn according to law, deposes end says: 1. That a Complaint In Divorce under Section 3301 (c) ~ of the Divorce Code was filed on March 16, 1995. 2. That my marriage with MARY ANN FABIAN YOCUM, Defendant, Is Irretrievably broken. 3. That I consent to the entry of a Decree In Divorce on the grounds that the marriage Is Irretrievably broken. 4. That I understand that I may lose rIghts concerning alimony, division of property, counseling fees or expenses If I do not claim them before a divorce Is granted. I verify that the statements made In this Affidavit are true and correct to the best of my knowledge, Information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. UIJ.- Dale: :::r; I '1 I ?) /99':5" , ....", ~, ~:.. ..., ~: ....... lU( ~,-.-,., ::! .r. {." .:.~. I... ~~ t...>,t ':,1.C:H. .)1<- .r...... <:' .... . ~ i'" ".. I,::r ",,;Iil:.r ~_ '~Jlll l-~. :.I: n.. U4i] <> ;~ :i -~- "1 >: .~ ,. " r, E: ~.'" ..", ('Y) 1,/"1 ..... ~~- " . '" r~ r" -~ -;I ..... ..=; ,\,'. '{.....i ~ c: 'A i~; '-'~ " ~, ~i t; ,. V , y:1 , . ~~ l', c:\wpSl\Ropr\P1dl\ Vo<um.-\"'" MICHAEL DAVID YOCUM, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNlY, PENNSYLVANIA CIVIL ACTION. DIVORCE NO: 95-1360 CIVIL TERM v. MARY ANN FABIAN YOCUM, Defendant MARY ANN FABIAN YOCUM, Defendant, being duly sworn according to law, deposes and says: "j Date: 1./t . f~- II'") '" ~. ! 5 -, lJnn ~, ,... ",'" ....!~:; UJt.; \.,. ~.~;-;-~- ... 5..: . ~t '" _ r., . ,jiM,Z.,_' t .. " ~1 ... f"j 't.: .,iV1 .1; ,'2. ri !; _ '.. h'jj ;:,.a.:.J.. ,..'" 0'" ik: :::J'. ...... Cr:l .__..i.e'. ',"i::i..,.'t.""",,,;.~~,ti:.u.~lt'~ -.... ," . \ MICHAEL DAVID YOCUM, plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. No. 95 - 1360 CIVIL TERM : IN DIVORCE MARY ANN FABrAN YOCUM, Defendant AFPIDAVXT OF IMTBJITIOJl TO RESUKB PRIOR SURIWIB COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;i'1o..lli(,~'O. . . : . . MARY ANN FABIAN YOCUM, a.k.a. MARY ANN YOCUM, being duly sworn according to law, deposes and says that she is the Defendant in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered and she hereby elects to resume her prior surname of MARY ANN FABIAN, and, '.' . Sworn and subscribed to before me this ..1 !1.,,,, day ~~~~:,f;21j~~:!V) IIOT Anl.\L SEAL FRANCES A, WILUAMO, Ucwry Pubtlc Of!rry T "-0. 0:1UOI\1I1 C.:lunty M' C":irlHlI:~!"lnn f-'l""h:'1.1i11". :\), 10JB ,\ \ , '\ , ' '.- -::r C'J tEl -' ~ E 00 Q C") >-... ""..- ;!z W;IIO;:)~ g..Q:;' -'-0- ~'~O.~ Ol-X-J 10<<>- t:Jtt"""V'f u'n.,~:ar: ~u'''''':ff I.o':l:m... /-:<"- ...'" 0'" "j) ..... l" ~ '" ~ - b~ --J ."'" ~ -4. ~ \) 1\.....1 \ '\.i..." 5~ t::. \ .. ..c: ~' ~ \'-...-J