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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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MERLE C. ZINN
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No.
906 of 2000
Husband/Plaintiff
VERSUS
JOYCE E. ZINN
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Wife/Defendant
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DECREE IN
DIVORCE
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M113
2003 ,IT IS ORDERED AND
AND NOW,
DECREED THAT
MERLE C. ZINN
, PLAINTIFF,
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AND
JOYCE E. ZINN
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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PROTHONOTARY '"
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MERLE C. ZINN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
JOYCE E. ZINN
Defendant
: NO. 00-906 CIVIL TERM
: IN DIVORCE
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AND NOW this 1L day of , 2003, upon consideration 0
the Petition of Plaintiff, the Order of Court dated September 12, 2001 appointing of E.
Robert Elicker, Esquire as Divorce Master in the above captioned case is hereby
vacated.
J.
cc: jRebecca Hughes, Esquire
./Lisa M. Greason, Esquire
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MERLE C. ZINN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
JOYCE E. ZINN
Defendant
: NO. 00-906 CIVIL TERM
: IN DIVORCE
PETITION TO VACATE ORDER
AND NOW comes Plaintiff, Merle C. Zinn, by and through his attorney, Lisa M.
Greason, Esquire and represents the following:
1. A Motion for Appointment of a Divorce Master was filed in this case and a
subsequent Order of Court dated 9/12/01 appointed E. Robert Elicker, Esquire
as the Divorce Master in this case.
2. Since this appointment, the parties have reached an Agreement as reflected in
the Marital Settlement Agreement, which has been filed with the Cumberland
County Prothonotary's office.
3. The parties have also signed Affidavits of Consent and Waivers of Notice, which
have also been filed with the Cumberland County Prothonotary's office.
4. The parties no longer need, nor require the Divorce Master in this case.
WHEREFORE, Plaintiff requests this Honorable Court to vacate its order dated
9/12/01 appointing E. Robert Elicker, Esquire as the Divorce Master in this case.
Respectfully Submitted,
GREASON LAW OFFICE
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MERLE C. ZINN
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JOYCE E. ZINN
Defendant
: NO. 0"-906- CIVIL TERM
: IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
AGREEMENT, made this j"f:'#' day of ~A.P~ 2002, between JOYCE E.
ZINN (hereinafter called "Wife") and MERLE C. ZINN (hereinafter called "Husband").
WITNESSETH:
The parties hereto are Wife and Husband, having been married on December 30,
1960 in Cumberland County, Pennsylvania. There are currently no minor children of
this marriage:
Diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart for the rest
of their natural lives, and the parties hereto desire to settle fully and finally their
respective financial and property rights and obligations as between each other,
including without limitation: (1) the settling of all matters between them relating to the
ownership of real and personal property; (2) the settling of all matters between them
relating to the past, present and future support and/or maintenance of Wife by Husband
and of Husband by Wife; (3) the implementation of custody arrangements for the minor
children of the parties for the immediate future; and (4) in general, the settling of any
and all claims and possible claims by one against the other or against their respective
estates.
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NOW THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
1. AGREEMENT NOT PREDICATED UPON DIVORCE
It is specifically understood and agreed by and between the parties hereto and
each of the said parties does hereby warrant and represent to the other that the
execution and delivery of this Agreement is not predicated upon nor made subject to
any agreement for the institution, prosecution, defense or for the non-prosecution or
non-defense of any action for divorce; provided, however, that nothing contained in this
Agreement shall prevent or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or actions for divorce, either absolute or otherwise,
upon just, legal and proper grounds, nor to prevent either party from defending any such
action which may, has been, or shall be instituted by the other party, or from making any
just or proper defense thereto.
2. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained
to the parties by their respective counsel, Rebecca R. Hughes, Esquire, for Wife, and
Lisa M. Greason, Esquire, for Husband. Each party acknowledges that she or he has
received independent legal advice from counsel of her or his selection and that each
fully understands the facts and has been fully informed as to her or his legal rights and
obligations and each party acknowledges and accepts that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and voluntarily,
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after having received such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements.
3. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart.
Each shall be free from all control, restraint, interference or authority, direct or indirect,
by the other in all respects as fully as if she or he were unmarried. Each may reside at
such place or places as she or he may select. Each may, for her or his separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or
employment, which to her or him may seem advisable. This provision shall not be
taken, however, to be an admission on the part of either Wife or Husband of the
lawfulness of the causes, which led to, or resulted in, the continuation of their living
apart. Wife and Husband shall not molest, harass, disturb or malign each other or the
respective families of each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with her or him.
4. PERSONAL PROPERTY
Wife and Husband do hereby acknowledge they have heretofore divided the
marital property, including, but without limitation, jewelry, clothes, furniture and other
personalty, and hereafter, Wife agrees that all of the property in the possession of
Husband shall be the sole and separate property of Husband; and, Husband agrees
that all property in the possession of Wife shall be the sole and separate property of
Wife. Each of the parties does hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, she or he may have with respect to any of the above
items, which are the sole and separate property of the other.
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5. REAL PROPERTY
Husband hereby agrees to convey, transfer and grant to Wife his right, title and
interest in the real estate situated and located at 23 Parsonage Street, Newville,
Cumberland County, Pennsylvania. From the date of this Agreement, Wife agrees to
assume as her sole obligation any and all mortgage payments, taxes, claims, damages
or other expenses incurred in connection with said premises, and Wife agrees and
covenants to hold Husband harmless from any such liability or obligation.
Wife hereby agrees to ponvey, transfer and grant to Husband her right, title and
interest in the mountain ground located in Upper Mifflin Township, Cumberland County,
and the mountain ground located in Abbott Township, Potter County, Pennsylvania.
From the date of this Agreement, Husband agrees to assume as his sole obligation any
and all mortgage payments, taxes, claims, damages or other expenses incurred in
connection with said premises, and Husband agrees and covenants to hold Wife
harmless from any such liability or obligation.
6. SUPPORT
The parties herein acknowledge that by this Agreement they have each
respectively secured and maintained a substantial and adequate funds 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 any rights they may respectively have
against the other for alimony, 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.
Wife and Husband do hereby waive, release and give up any rights they may
respectively have against the other for alimony, support or maintenance. It shall be,
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from the implementation date of this Agreement as set forth, the sole responsibility of
each of the respective parties to sustain themselves without seeking any support from
the other party; that is to say until the date of implementation, Husband shall continue
the existing support and maintenance.
Commencing with the signing of this agreement, Husband agrees to pay to Wife
$ 500.00 per month for her separate support and maintenance until Wife reaches the
age of 62, or upon the Husband's death, whichever comes first.
8. TAX PROVISIONS
It is understood and agreed that the monthly payments to Wife shall be tax
deductible to Husband under Section 215 of the Internal Revenue Code and be
considered as periodic payments taxable to Wife under Section 71 of the Code during
the length of Husband's obligation hereunder.
9. TAX RETURNS
Husband and Wife agree to sign and file separate income tax returns for the
calendar year 2002. Each party shall be entitled to any refund and responsible for any
liability as determined by each party's separate return.
10. MEDICAL INSURANCE
Husband agrees to provide health coverage in substantial form as is currently
being provided for Wife as long as she remains unmarried, until she reaches the age of
62, or the Husband's death, whichever shall occur first. Any medical bills that shall be
incurred but not covered by said insurance shall be the sole responsibility and obligation
of Wife. Upon the Wife obtaining the age of 62, Husband agrees to pay to Wife $175 a
month as long as she remains unmarried, until she reaches the age of 65, or upon the
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Husband's death, whichever comes first. It is intended that this stipend with assist the
Wife in providing for her own health care coverage.
11. LIFE INSURANCE
Each party shall be responsible for providing for their own life insurance if that
party so desires. It will be each party's responsibility to obtain said life insurance. Each
party shall be free to name a beneficiary of their choosing and are no longer obligated to
maintain life insurance policies on each other or naming each other as beneficiaries.
12. LIABILITIES
Each party represents that they have not contracted any debt or liability for the
other for which the estate of the other party may be responsible or liable, and that
except only for the rights arising out of this Agreement, neither party will hereafter incur
any liability whatsoever for which the other party or the estate of the other party, will be
liable. Each party agrees to indemnify or hold the other party harmless from and
against all future obligations of every kind incurred by them, including those for
necessities. Wife agrees to pay all of the debts incurred with regard to the marital home
and to indemnify Husband and hold him harmless for any claim against the marital
home located at 23 Parsonage Street, Newville, Cumberland County, Pennsylvania.
15. LEGAL FEES
Wife hereby agrees to waive any right to support, alimony pendente lite and
alimony except as otherwise provided for in this Agreement, and each party agrees to
be responsible for her or his own legal fees and expenses.
16. NO BAR TO FURTHER PROCEEDINGS
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This Agreement shall not be considered to affect or bar the right of Wife or
Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or
shall hereafter exist or to such defense as ;nay be available. It is agreed that this
Agreement shall not be impaired by any divorce decree, which may be granted but shall
continue in full force and effect notwithstanding the granting of any such decree. This
Agreement is not intended to condone and shall not be deemed to be a condonation on
the part of either party hereto of any act or acts on the part of the other party which have
occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof.
17. MUTUAL RELEASE
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 and 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 the 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 widow's or widower's 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United
States, or (c) any other country, or any rigt"ots which Wife may have or at any time
hereafter have for past, present or future support or maintenance, alimony, alimony
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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 for the breach
of any thereof. It is the intention of Wife and Husband to give to each other by the
execution of this Agreement a full, complete and general release with respect to any
and all property of any kind or nature, real, personal or mixed, which the other now
owns or may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for
the breach of any thereof, subject, however, to the implementation and satisfaction of
the conditions precedent as set forth herein above.
18. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at least
30 days after demand therefore) execute any and all written instruments, assignments,
releases, satisfactions, deeds, notes or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement, and as their respective counsel
shall mutually agree should be so executed in order to carry out fully and effectually the
terms of this Agreement.
19. SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and
inure to the benefit of the parties hereto, their respective heirs, executors,
administrators, successors or assigns.
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20. ENTIRE AGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains
all of the representations, promises and agreements made by either of them to the other
for the purposes set forth in the preamble hereinabove; that there are no claims,
promises or representations not herein contained, either oral or written, which shall or
may be charged or enforced or enforceable unless reduced to writing and signed by
both of the parties hereto; and the waiver of any term, condition, clause or provision of
this Agreement shall in no way be deemed to be considered a waiver of any other term,
condition, clause or provision of this Agreement.
21. BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated
pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
22. SEPARABILITY
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law, or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligations under anyone or more of the
paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way avoid or alter the remaining obligations of the parties.
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24. HEADINGS
Any headings preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall not constitute a part of
this Agreement nor shall they affect its meanings, construction or effect.
25. EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed;
however, the transfer of the property provided for herein shall only take place upon the
entry of a final decree in divorce, unless otherwise indicated. The support provisions of
this Agreement shall take effect as indicated. Notwithstanding the foregoing, if a final
decree in divorce shall not have been obtained within four (4) months from the date of
execution of this Agreement, this Agreement shall be null and void.
28. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and
Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof.
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COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
On this, the /~day of ,2002, before me, the
subscriber, a Notary Public for th Commonwealth of Pennsylvania, residing in the
County of Cumberland, personally appeared JOYCE E. ZINN and in due form of law
acknowledged the above Agreement to be her act and deed and desired the same to be
recorded as such.
Notarial Seal
MaI1ha L. Noe~ Notary Public
CadlsIe BolO, Cumberland County
My CommIssion expires Sept. 18, 2003
Member, Pennsylvania ASSOCIation of Notaries
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
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On this, the It day of :\'QVlI A. t1 ,2082, before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the
County of Cumberland, personally appeared MERLE C. ZINN and in due form of law
acknowledged the above Agreement to be his act and deed and desired the same to be
recorded as such.
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NoIariaI Seal
Tracy I. Grimes, Nola1y Public
Soulh NewInn T"'l'.. Cumbedand County
My eo"..dosiun EllpiresOcl15, 2006
Member, PennsylvanIa -.on Of NotarIes
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MERLE C. ZINN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-7'CJ~ CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
v.
JOYCE E. ZINN,
Defendant
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 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 First Floor, Cumberland County
Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013.
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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00- 90&
CIVIL TERM
JOYCE E. liNN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is MERLE C. lINN, an adult individual, currently residing at 262
High Mountain Road, Shippensburg, Cumberland County, Pennsylvania.
2. Defendant is JOYCE E. liNN, an adult individual, currently residing at 23
Parsonage Street, Newville, 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 December 30, 1960 in
Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or annulment between the
parties.
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 have lived separate and apart since February 1994 and
continue to live separate and apart as of the date of this Complaint.
10. The parties' marriage is irretrievably broken.
11. Plaintiff desires a divorce based upon the belief that Defendant will, after.
i ninety days from the date of the filing of this Complaint, consent to this divorce.
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WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in
divorce.
COUNT II
EQUITABLE DISTRIBUTION
12. Paragraphs 1 through 15 are incorporated herein by reference as if set
forth in their full text.
13. Plaintiff and Defendant are joint owners of various items of real and
personal property, acquired during their marriage, which are subject to equitable
distribution.
14. Plaintiff and Defendant have incurred debts and obligations during their
marriage, which are subject to equitable distribution.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree
equitably dividing the parties' property and equitably apportioning the debts incurred by
the parties.
Respectfully Submitted
TURO LAW OFFICES
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32 Sout B ord Street
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(717) 245-9688
Attorney for Plaintiff
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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.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00- <=to<"
CIVIL TERM
JOYCE E. ZINN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
HEREBY CERTIFY THAT I served a true and correct copy of the Divorce
Complaint filed in the above captioned cases upon Joyce E. Zinn, by certified mail, .
return receipt requested on February 17, 2000 addressed to:
Joyce E. Zinn
23 Parsonage Street
Newville, PA 17241
and did thereafter receive same as evidenced by the attached Post Office receipt card
dated February 17, 2000.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
TURO LAW OFFICES
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us Poslal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Post Officp S1ate, & Code
Newv~:Cle, . PA 17241
Postage
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1.40
Certified Fee
Special Delivery Fee
10 Restricted Delivery Fee 2. 75
~ Retum Receipt Showing to
Whom & Date Delivered
'a RebJmReceiptShowingtoWhom,
<( Date,&Addressee's_
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cardtoyou.
o Attach this form to the front of the mail piece, or on the back if space does not
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tJ Write -Return Receipt Requested- on the mailpiece below the article number.
b The Return Receipt will show to whom the article was delivered and the date
, delivered.
;\ Article Addressed to:
1. 0 Addressee's Address
2, IXI Restricted Delivery
48. Article Number
JOY(i!e E, Zinn
n,*arsona9El street
Iile~lle,"PA 17241
'4b. Service Type
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 906 OF 2000
: CIVIL ACTION - LAW
: IN DIVORCE
MERLE C. ZINN
Plaintiff
JOYCE E. ZINN
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under 9 3301 (c) of the Divorce Code was filed on
February 15, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint
3. I consent to the entry of a final decree of divorce.
4. 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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements are made subject to the penalties of 18 Pa. Cons, Stat. Ann. ~ 4904
relating to unsworn falsification to authorities.
Date: {//6/()3
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 906 OF 2000
JOYCE E. ZINN
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER 3301(CI 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
the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand false
statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 relating to
: unsworn falsification to authorities.
Date: {111/o'3
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MERLE C. ZINN c:7
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: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
00-906 CML TERM
JOYCE E. ZINN,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 15, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing ofthe complaint. ' .,
3. I consent to the entry of a fmal decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: March /~ ,2003
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: IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
00-906 CML TERM
JOYCE E. ZINN,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) 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 iff do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. CoSo Section 4904 relating to
unsworn falsification to authorities.
Date: March -.lit-, 2003
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: IN THE COURT OF COMMON PLEAS OF
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
00-906 CIVIL TERM
JOYCE E. ZINN,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 15,2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a fmal decree in divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: December I&-, 2002
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: IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00-906 CML TERM
JOYCE E. ZINN,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a fmal Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: December / Y , 2002
JO~NN ~ j~
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
v.
JOYCE E. ZINN
NO. 2000-0906 CIVIL TERM
ORDER OF COURT
AND NOW, this 27TH day of FEBRUARY, 2003, it appearing that the
defendant's affidavit of consent was not filed within thirty (30) days of its
execution as required by Rule 1920.42 (b)(2), the request for entry of a final
divorce decree is denied without prejudice.
By the Court,
Edward E. Guido, J.
Rebecca Hughes, Esquire
Lisa M. Greason, Esquire
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
MERLE C. ZINN
HUSBAND, PLAINTIFF
No.
906 of 2000
VERSUS
,T()VrF F ? T1\TN
WIFE, DEFENDANT
DECREE IN
DIVORCE
AND NOW,
, IT IS ORDERED AND
DECREED THAT
MERLE E. ZINN
, PLAINTIFF,
JOYCE E. ZINN
AND
, 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;
NONE
By THE COURT:
ATTEST:
PROTHONOTARY .
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Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JOYCE E. ZINN
Defendant
: NO. 00-906- CIVIL TERM
: IN DIVORCE
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 Section 3301 (c) of the
Divorce Code
I"
1'1 2. Date of the execution of the affidavit of consent required by Section 3301 (c) of
the Divorce Code:
By plaintiff: February 3, 2003;
By defendant: April 14, 2003.
3. No related pending claims.
4. Date of execution of the Waiver of Notice in Section 3301 (c) Divorce:
By plaintiff: February 3, 2003;
By defendant: April 14, 2003,
II
Respectfully Submitted,
GREASON LAW OFFICE
II 1.../ b",1/ 03
Date
isa M, Greason, Es
Post Office Box 385
Carlisle, PA 17013
(717) 241-3030
ID #78269
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MERLE C ZINN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
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: CIVIL ACTION - LAW
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: NO, 00-906
: IN DIVORCE
CIVIL TERM
,.
ORDER OF COURT
day of ~b
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Robert Elicker, Esquire as Divorce Master in the above captioned case is herebyl
AND NOW this} J+I,
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Rebecca Hughes, Esquire
Lisa M. Greason, Esquire
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MERLE C ZINN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTiON - LAW
JOYCE E, ZINN
Defendant
: NO, 00-906- CIVIL TERM
: IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
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AGREEMENT, made this /07;, day of !y.'OJi, I>: 2002, betweel'faOYClf;: E,:::::]
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ZINN (hereinafter called "Wife") and MERLE C, ZINN (hereinafter called "H~b11nd':J? .::,
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WITNESSETH: > .~~ ~~ ~
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The parties hereto are Wife and Husband, having been married on December 30,
1960 in Cumberland County, Pennsylvania, There are currently no minor children of
this marriage:
Diverse unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Wife and Husband to live separate and apart for the rest
of their natural lives, and the parties hereto desire to settle fully and finally their
respective financial and property rights and obligations as between each other,
including without limitation: (1) the settling of all matters between them relating to the
ownership of real and personal property; (2) the settling of all matters between them
relating to the past, present and future support and/or maintenance of Wife by Husband
and of Husband by Wife; (3) the implementation of custody arrangements for the minor
children of the parties for the immediate future; and (4) in general, the settling of any
and all claims and possible claims by one against the other or against their respective
estates,
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NOW THEREFORE, in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
1, AGREEMENT NOT PREDICATED UPON DIVORCE
It is specifically understood and agreed by and between the parties hereto and
each of the said parties does hereby warrant and represent to the other that the
execution and delivery of this Agreement is not predicated upon nor made subject to
any agreement for the institution, prosecution, defense or for the non-prosecution or
non-defense of any action for divorce; provided, however, that nothing contained in this
Agreement shall prevent or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or actions for divorce, either absolute or otherwise,
upon just, legal and proper grounds, nor to prevent either party from defending any such
action which may, has been, or shall be instituted by the other party, or from making any
just or proper defense thereto,
2, ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained
to the parties by their respective counsel, Rebecca R Hughes, Esquire, for Wife, and
Lisa M, Greason, Esquire, for Husband, Each party acknowledges that she or he has
received independent legal advice from counsel of her or his selection and that each
fully understands the facts and has been fully informed as to her or his legal rights and
obligations and each party acknowledges and accepts that this Agreement is, in the
circumstances, fair and equitable and that it is being entered into freely and voluntarily,
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after having received such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result
of any collusion or improper or illegal agreement or agreements,
3, PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart,
Each shall be free from all control. restraint, interference or authority, direct or indirect,
by the other in all respects as fully as if she or he were unmarried, Each may reside at
such place or places as she or he may select Each may, for her or his separate use or
benefit, conduct, carryon and engage in any business, occupation, profession or
employment, which to her or him may seem advisable, This provision shall not be
taken, however, to be an admission on the part of either Wife or Husband of the
lawfulness of the causes, which led to, or resulted in, the continuation of their living
apart, Wife and Husband shall not molest, harass, disturb or malign each other or the
respective families of each other, nor compel or attempt to compel the other to cohabit
or dwell by any means or in any manner whatsoever with her or him,
4, PERSONAL PROPERTY
Wife and Husband do hereby acknowledge they have heretofore divided the
marital property, including, but without limitation, jewelry, clothes, furniture and other
personalty, and hereafter, Wife agrees that all of the property in the possession of
Husband shall be the sole and separate property of Husband; and, Husband agrees
that all property in the possession of Wife shall be the sole and separate property of
Wife, Each of the parties does hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, she or he may have with respect to any of the above
items, which are the sole and separate property of the other.
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5 REAL PROPERTY
Husband hereby agrees to convey, transfer and grant to Wife his right, title and
interest in the real estate situated and located at 23 Parsonage Street, Newville,
Cumberland County, Pennsylvania, From the date of this Agreement, Wife agrees to
assume as her sole obligation any and all mortgage payments, taxes, claims, damages
or other expenses incurred in connection with said premises, and Wife agrees and
covenants to hold Husband harmless from any such liability or obligation,
Wife hereby agrees to convey, transfer and grant to Husband her right, title and
interest in the mountain ground located in Upper Mifflin Township, Cumberland County,
and the mountain ground located in Abbott Township, Potter County, Pennsylvania,
From the date of this Agreement, Husband agrees to assume as his sole obligation any
and all mortgage payments, taxes, claims, damages or other expenses incurred in
connection with said premises, and Husband agrees and covenants to hold Wife
harmless from any such liability or obligation,
6, SUPPORT
The parties herein acknowledge that by this Agreement they have each
respectively secured and maintained a substantial and adequate funds 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 any rights they may respectively have
against the other for alimony, 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,
Wife and Husband do hereby waive, release and give up any rights they may
respectively have against the other for alimony, support or maintenance, It shall be,
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from the implementation date of this Agreement as set forth, the sole responsibility of
each of the respective parties to sustain themselves without seeking any support from
the other party; that is to say until the date of implementation, Husband shall continue
the existing support and maintenance,
Commencing with the signing of this agreement, Husband agrees to pay to Wife
$ 500,00 per month for her separate support and maintenance until Wife reaches the
age of 62, or upon the Husband's death, whichever comes first
8, TAX PROVISIONS
It is understood and agreed that the monthly payments to Wife shall be tax
deductible to Husband under Section 215 of the Internal Revenue Code and be
considered as periodic payments taxable to Wife under Section 71 of the Code during
the length of Husband's obligation hereunder.
9, TAX RETURNS
Husband and Wife agree to sign and file separate income tax returns for the
calendar year 2002, Each party shal! be entitled to any refund and responsible for any
liability as determined by each party's separate return,
10, MEDICAL INSURANCE
Husband agrees to provide health coverage in substantial form as is currently
being provided for Wife as long as she remains unmarried, until she reaches the age of
62, or the Husband's death, whichever shall occur first Any medical bills that shall be
incurred but not covered by said insurance shall be the sole responsibility and obligation
of Wife, Upon the Wife obtaining the age of 62, Husband agrees to pay to Wife $175 a
month as long as she remains unmarried, until she reaches the age of 65, or upon the
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Husband's death, whichever comes first It is intended that this stipend with assist the
Wife in providing for her own health care coverage,
11, LIFE INSURANCE
Each party shall be responsibie for providing for their own life insurance if that
party so desires, It will be each party's responsibility to obtain said life insurance, Each
party shall be free to name a beneficiary of their choosing and are no longer obligated to
maintain life insurance policies on each other or naming each other as beneficiaries.
12, LIABILITiES
Each party represents that they have not contracted any debt or liability for the
other for which the estate of the other party may be responsible or liable, and that
except only for the rights arising out of this Agreement, neither party will hereafter incur
any liability whatsoever for which the other party or the estate of the other party, will be
liable, Each party agrees to indemnify or hold the other party harmless from and
against all future obligations of every kind incurred by them, including those for
necessities, Wife agrees to pay all of the debts incurred with regard to the marital home
and to indemnify Husband and hold him harmless for any claim against the marital
home located at 23 Parsonage Street, Newville, Cumberland County, Pennsylvania,
15, LEGAL FEES
Wife hereby agrees to waive any right to support, alimony pendente lite and
alimony except as otherwise provided for in this Agreement, and each party agrees to
be responsible for her or his own legal fees and expenses
16 NO BAR TO FURTHER PROCEEDINGS
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This Agreement shall not be considered to affect or bar the right of Wife or
Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or
shall hereafter exist or to such defense as :nay be available, It is agreed that this
Agreement shall not be impaired by any divorce decree, which may be granted but shall
continue in full force and effect notwithstanding the granting of any such decree, This
Agreement is not intended to condone and shall not be deemed to be a condonation on
the part of either party hereto of any act or acts on the part of the other party which have
occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof.
17, MUTUAL RELEASE
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 and 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 the 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 widow's or widower's 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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United
States, or (c) any other country, or any rights which Wife may have or at any time
hereafter have for past, present or future support or maintenance, alimony, alimony
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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 for the breach
of any thereof. It is the intention of Wife and Husband to give to each other by the
execution of this Agreement a full, complete and general release with respect to any
and all property of any kind or nature, real, personal or mixed, which the other now
owns or may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for
the breach of any thereof, subject, however, to the implementation and satisfaction of
the conditions precedent as set forth herein above,
18 OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at least
30 days after demand therefore) execute any and all written instruments, assignments,
releases, satisfactions, deeds, notes or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement, and as their respective counsel
shall mutually agree should be so executed in order to carry out fully and effectually the
terms of this Agreement
19, SUCCESSORS' RiGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and
Inure to the benefit of the parties hereto, their respective heirs, executors,
administrators, successors or assigns,
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20, ENTIRE AGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains
all of the representations, promises and agreements made by either of them to the other
for the purposes set forth in the preamble hereinabove; that there are no claims,
promises or representations not herein contained, either oral or written, which shall or
may be charged or enforced or enforceable unless reduced to writing and signed by
both of the parties hereto; and the waiver of any term, condition, clause or provision of
this Agreement shall in no way be deemed to be considered a waiver of any other term,
condition, clause or provision of this Agreement
21, BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated
pursuant to the terms of this Agreement The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature,
22, SEPARABILITY
If any term, condition, clause or provision of this Agreement shall be determined
or declared to be void or invalid in law, or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement and in all other respects this
Agreement shall be valid and continue in full force, effect and operation, Likewise, the
failure of any party to meet her or his obligations under anyone or more of the
paragraphs herein, with the exception of the satisfaction of the conditions precedent,
shall in no way avoid or alter the remaining obligations of the parties,
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24, HEADINGS
Any headings preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall not constitute a part of
this Agreement nor shall they affect its meanings, construction or effect.
25 EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed;
however, the transfer of the property provided for herein shall only take place upon the
entry of Zl final decree in divorce, unless otherwise indicated, The support provisions of
this Agreement shall take effect as indicated, Notwithstanding the foregoing, if a final
decree in divorce shall not have been obtained within four (4) months from the date of
execution of this Agreement, this Agreement shall be null and void,
28, CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written,
This Agreement is executed in duplicate, and in counterparts, and Wife and
Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof.
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On this, the It I 'day of iJJ.iJL(j//vn/) L) _ ,2002, before me, the
subscriber, a Notary Public for th~ Commonwealth of Pennsylvania, residing in the
County of Cumberland, personally appeared JOYCE E, ZINN and in due form of law
acknowledged the above Agreement to be her act and deed and desired the same to be
recorded as such.
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On this, the 1//' day of ~qvl! n 0(' , 2002, before me, the
subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the
County of Cumberland, personally appeared MERLE C, ZINN and in due form of law
acknowledged the above Agreement to be his act and deed and desired the same to be
recorded as such,
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MERLE C. ZINN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
VS.
NO. 00 - 906
CIVIL
19
JOYCE E. ZINN
IN DIVORCE
Defendant
STATUS SHEET
DATE:
SEP 1 4 2001
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MERLE C. ZINN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 906 CIVIL
JOYCE E. ZINN,
Defendant
IN DIVORCE
TO: Lisa M. Greason
Attorney for Plaintiff
Rebecca R. Hughes Attorney for Defendant
DATE: Friday, September 14, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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I~THE COURT OF COMMON PLEAS OF
C1JMBERLAND COUNTY, PENNSYLVANIA.
MERLE C. ZINN
NO. 00-906 CIVIL TERM
Plaintiff
vs.
JOYCE E. ZINN
NO. 906
lD9 2000
-
a master with respect to
( X) Divorce
( ) Annulment
( X ) Alimony
( ) Alimony Pendente
MOTION FOR APPOINTME.'iT OF MASTER
(Plaintiff) (Defendant),
the following claims:
moves the court to appoint
Lite
(X)
( )
(X)
(X)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The plaintiff (has) ~=) appeared in
(by his attorney, Lisa M. Greason
(3) The scaturory ground(s) for divorce (is)
the action (personally)
,Esquire).
~ separation
of ? Y~A1"R.
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested. .
(b) An agreement has been reached with respect to the
following claims: NIA
(c) The action is contested with respect to the following
claims: S11DDort and all economic distribution
(5) The action (~) (does not involve) complex issues of law
or fact.
Date:
The hearing is expected to take -1- 6baucs) (days).
Additional information, if any. relevant to the motion:
Q~,~"
Attorney for (clv
(Defendant)
// ORDER APPOINTING MASTER .
AND ~ow,v:i~.{~;p-;h/.JJJ.~;;2t:Jcf/ 7~ E.6dUA,
is appointed ~s~r ~th respect to the following claims:
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(7)
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MERLE C. ZINN,
Plaintifti'Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
JOYCE E. ZINN,
Defendant/Petitioner
NO. 00-906 CIVIL TERM
IN DIVORCE
DR# 31042
Pacses# 492103850
ORDER OF COURT
AND NOW, this 21~ day of September, 2001, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel
appear before RJ, Shaddav on October 9. 2001 at 10:30 A.M. for a conference, at 13 N, Hanover St,
Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony
Pendente Lite be entered, NOTE: This petition will be heard with the previously scheduled spousal
support petition.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910,11@
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
9-21-01 to:
Date of Order: September 21, 200 I
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YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
Petitioner
< Respondent
Rebecca Hughes, Esquire
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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MERLE C. ZINN,
PlaintUInlespondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00-906 CIVIL TERM
JOYCE E. ZINN
DefendantJPetitioner
: CIVIL ACTION-LAW
: IN DIVORCE
AMENDED COMPLAINT IN DIVORCE
AND NOW, comes the defendant, Joyce E. Zinn, by and through her attorneys, Irwin,
McKnight & Hughes, and files this Amended Complaint in Divorce, making the following
statement:
1. On or about February 17,2000, the plaintiff/respondent in the above captioned
action filed a complaint in divorce.
2. Included in the complaint was a count for equitable distribution.
3. The defendant/petitioner is in need of making certain fmancial claims and adds
the following counts to the complaint.
Alimonv and Alimonv Pendente Lite
4. The parties hereto are husband and wife, having been joined in marriage on
December 30,1960.
5. The parties separated on or about February 1994.
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6. The defendant/petitioner is without the ability to earn income sufficient to meet
her reasonable needs.
WHEREFORE, defendant/petitioner prays this Honorable Court to order alimony
pendente lite in an amount equal to the Pennsylvania State Support Guidelines, and
alimony sufficient to meet the defendant/petitioner's reasonable needs.
Counsel Fees and EXDenses
7. During the course of preparing for the distribution of the marital property and
securing sufficient income and support, the defendant/petitioner has incurred both
expenses and counsel fees which exceed her ability to pay.
8. The plaintiff/respondent has sufficient earning capacity to provide fmancial
support to the defendant/petitioner to help her pay for these costs.
WHEREFORE, the defendant/petitioner hereby requests that counsel fees and expenses
be granted to her by this Honorable Court.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
Rebecca R. Hughes, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
717 249-2353
Supreme Court ID No 67212
Date: September 10, 2001
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
1~~ e~
J CE E. ZiNN
Date: September 11, 2001
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In the Court of Common Pleas of CUMBERLAND County, Peunsylvania
DOMESTIC RELATIONS SECTION
MERLE C. ZINN, ) Docket Number 00-906 CIVIL
Plaintiff /Respondent )
vs. ) PACSES Case Number 49210385cy&-IOy;r
JOYCE E. ZINN, )
Defendant /Petitioner ) Other State ID Number
ORDER
AND NOW, to wit on this
9TH DAY OF OCTOBER, 2001
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or G9 Other
ALIMONY PENDENTE LITE PETITION filed on SEPTEMBER 12, 2001 in the above captioned
matter is dismissed without prejudice due to:
WIFE WITHDRAWING HER REQUEST FOR APL DUE TO AN ORDER OF SPOUSAL SUPPORT BEING
ORDERED UNDER DOCKET NOS. 746 S 2001 AND PACSES CASE NOS. 401103813.
~ The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
DRO: RJ Sh/ldday
xc: plaintiff
defen:lant
Rebecca Hughes, Esquire
Lisa Greason, Esquire
JUDGE
1 ,"'! AILED
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Service Type M
Form OE-506
Worker ID 21005
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LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B. IRWIN
MARCUS A. McKNIGHT. III
JAMES D, SUGSES
REBECCA It HUGHES
MARK D, SCHWARTZ
DOUGLAS G, MILLER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYL VANIA 17013-3222
(717) 249-2353
FAX (717) 249-6354
E-MAIL: IMHLAW@SUPERNET.COM
HAROLDS, IRWIN (1925-1977)
HAROLDS,/RWIN. JR, (1954-1986)
IRWIN, IRWIN & IRWIN (1956-1986)
IRWIN. IRWIN &McKNIGHT (1986-1994)
IRW/N,McKNIGHT&HUGHES (1994- )
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September 18,2001
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E. ROBERT ELICKER, II, DIVORCE MASTER
OFFICE OF THE DIVORCE MASTER
9 NORTH HANOVER STREET
CARLISLE, PA 17013
RE: ZINN v. ZINN
NO. 00-906 CIVIL
IN DIVORCE
Dear Mr. Elicker:
Enclosed please fmd our completed request for discovery in the above-referenced matter.
Thank you for your attention to the same.
Very truly yours,
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IRWIN, McKNIGHT & HUGHES
RRH:clc
Enclosure
cc: Joyce E. Zinn
Lisa M. Greason, Esquire
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SEP 25 20~
MERLE C. ZINN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vS.
NO. 00 - 906 CIVIL
JOYCE E. ZINN,
Defendant
IN DIVORCE
TO: Lisa M. Greason
Attorney for Plaintiff
Rebecca R. Hughes Attorney for Defendant
DATE: Friday, September 14, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
I. All information relative to the assets of the Plaintiff's
construction business which is currently being sold.
II. All information relative to the assets of the Plaintiff's
business already sold.
III. Statement of Plaintiff's retirement at date of separation; all
contributions made to Plaintiff's retirement since date of separation.
IV. All bank account statements as of the date of separation.
,'=-'" '"
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.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Discovery should be complete in approximately 30 days, assuming
cooperation from Plaintiff and Plaintiff's attorney. Interrogatories
are being sent to Plaintiff's attorney directly.
r -/,5J-tJ /
DATE
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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,.,,., ,., Of.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
PENNA.
STATE OF
.
.
.
MERLE C. ZINN
.
.
.
.
No.
906 of
2000
HUSBAND, PLAINTIFF
VERSUS
JOYCE E. ZINN
.
WIFE, DEFENDANT
.
.
.
.
DECREE IN
DIVORCE
.
.
.
AND NOW,
, IT IS ORDERED AND
.
DECREED THAT
MERLE C. ZINN
, PLAINTIFF,
.
.
JOYCE E. ZINN
AND
, 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;
.
.
NONE
.
.
.
.
.
By THE COURT:
.
ATTEST:
J.
.
PROTHONOTARY
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li<lilli' ,_.,"""~~,.,~
H1OS:l57 REV. 5-97
COMMONWEALTH OF PENNSYLVANIA.
OEPAATMENTOF HEAL.1l-I
VlTALAECORDS
STATE ALE NUMBER
CO""TY
DIVORCE
o
RECORD OF
OR ANNULMENT
(CHECK ONE) 0
STATE FILE DATE
HUSBAND
1. NAME
(F/fSt)
f'J\er\e.
$lteetorR.O.
(Middle)
tDY'o..elt
(Last)
2m"
Stale
(Month)
<j(
(State or Foreign CounDy)
PA
(Day)
"'2..'1
(Yemj
YI
. 3, F'ESIOENCE
Clly. Bom. or Twp. COUnly
,
5.
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e.("
WIFE
8, MAIDEN NAME
(FltSt)
(Middle)
t::,
City, Bora. or Twp.
v~lle
(Last)
~'0
County State
~la.-nd
9. DATe
OF
~ elRTH
11. PLACE
#J e~:TH
14. USUAL OCCUPATION
lAb ('"{.L{'
(Month)
(p
(Day)
1<1
(Y.a<)
LfJ
'.2.~
12. NUMBER
OFTtiIll
MARRiAGE
15. pLACE OF
THIS
MARRIAGE
17A. NUMBER OF
CHILDREN THIS
MARRIAGE 2
20, NUMBER OF
CHILDREN TO
CUSTODY OF
22. OATE OF DECREe
(State or Foreign Country)
.t\
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(County)
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c..kvk-
78. NUMBER OF DEPENDENT
CHILDREN UNDeR 18,
18. PLAINTIFF
HUSBAND WIFE
o
OTHER (SpociM
o
16. ATE OF
THIS
MARRIAGE
9, OI:::CREE GRANTED TO
HUSBAND
(~
(Month)
1'2..
(Day) (Yemj
30 lob
(State IX' Foreign Countty)
Po.
(Month)
(Day)
o
(Year)
WIFE
o
OTHER (Specily)
o
HUSBAND
o
WIFE
o
SPUT CUSTOD't
Z1. LEGAL GROUNDS FOR
DIVORCE 0.{' ANNULMENT
IU.) ,
(Month)
(Oar)
(Y'''''
24. SiGNATURE OF
TRANSCRIBING CLERK
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MERLE C. ZINN
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
JOYCE E. ZINN
Defendant
: NO. 00-906- CIVIL TERM
: IN DIVORCE
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 Section 3301 (c) of the
Divorce Code
2, Date of the execution of the affidavit of consent required by Section 3301 (c) of
the Divorce Code:
By plaintiff: December 18, 2002; By defendant: January 16, 2003.
3. No related pending claims.
4. Date of execution of the Waiver of Notice in Section 3301 (c) Divorce:
By plaintiff: December 18, 2002; By defendant: January 16, 2003.
Respectfully Submitted,
GREASON LAW OFFICE
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sa M. Greaso ,E
Post Office Box 385
Carlisle, PA 17013
(717) 241-3030
ID #78269
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