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Home My WebLink About00-06086 , , , ..~ '~'.\,.-> ", ,-. . . . ~ Of. '" ~ :f.'" '" '" "'''' '" '" "'''' '" "'''' "':ti'" '" :Ii "''''''' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . PENNA. . STATE OF . TAMMIA A. ZIMMERMAN, . . Plaintiff No. 00-6086 VERSUS . DEAN M. ZIMMERMAN, . . Defendant . . . DECREE IN DIVORCE AND NOW~.::6 ":;RMA' DECREED THAT , PLAINTIFF, . . . t4:t7flA . . . . . . 2001 , IT IS ORDERED AND . AND DEAN M. ZIMMERMAN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRfMONY. . THE COURT RETAfNS JURISDfCTlON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Al1'matters have been resolved pursuant to the Marital Settlement Agreement dated January 23, 2001 shall be incorporated but not merged into this Divorce Decree. . . . . . . . "':f.:f. '" "'''''''''':f.:f. Of. "'''' "':F. '" '" :Ii :f.'" . J. . . (l~1 PROTHONOTARY r./ "jj : ~' '-, ' ~" ,- -~, .. '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... -, - ~ ,-. ,,-, ,-'"--~, ,,~~ '" ' ~~ ~"'r. ." .7_.. . " '." "" " dc).f.cJl w.~~d-4~'~ :l -.;)fJ0/ '77~ ~ d a:rf'~ I !I L' L ~~ ~"_:"!""'f~~...,~lilrllll,'J!!~_,.....~",~ __~ '"0 ......_~":', '_~ ,';' w -'-~_<,>_,; /", ': _.~-. "~ , '_d.-' '-", , .-&- , ...","~",.i.:lili.':' " MARITAL SETTLEMENT AGREEMENT 1, by and ", and T AMMIA A. between DEAN M, ZIMMERMAN, hereinafter r fe ZIMMERMAN, hereinafter referred to as "WIFE", WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on November 16, 1996, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, one (1) child is of this marriage, namely Asher M. Zimmerman, born April 15, 1997; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, 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 HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, ~ ,--, ~. ,,~,,~ ,,-"-,~, -'- -- ", ,'.", -,' - ~.~~" ';'--' '-"'- ,- ~ . ,--. ;;.,"-'" "-""', -........' '---1 ~ " HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has been independently represented by Jane M. Alexander, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE 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 if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement Each may reside at such place or places as she or he may select Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of January 5, 2001 2 -" _",-~ . _ or', "., c_' '._",;; .-" ^----~ ~-"~ iMt.i , , each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS 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 except as otherwise provided herein, 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 indemnity and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. On or about April 15, 2000, the parties filed Chapter 13 bankruptcy in the D.S, Bankruptcy Court for the Middle District of Pennsylvania, Bankruptcy No. 1-00-01846. The parties agree that they we will equally divide any payments required by the Trustee. HUSBAND shall pay his share of these payments directly to WIFE via the wage attachment established by the Domestic Relations Sections of the Court in the Court of Common Pleas of Cumberland County, Docket No. 00983 S 2000, PACSES Case No. 421102821 as more fully set forth in paragraph 14 below. 4. W ATVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed January 5, 2001 3 ~ ~ ,,,._,_-0,,,_"\ ~"" ,- -"" ~ ;,- ,-I, ','_, ",__" -j,'''''','''. ,- =" - ,,,'" L, ,.~ , :...; a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON-MARTT AL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, jewelry, clothes, furniture, and other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and sep~rate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE The parties own property as tenants by the entireties located at 127 W. Vine Street, Shiremanstown, pennsylvania which is subject to a mortgage with the approximate balance of EIGHTY-TWO THOUSAND EIGHT HUNDRED DOLLARS ($82,500.00). HUSBAND agrees to convey his interest in this real estate to WIFE upon the condition that Wife agrees to assume responsibility for the payment of the unpaid balance of the mortgage, together with any interest, penalties and costs as well as any other taxes, insurance and any debts associated with the real estate. WIFE hereby agrees to indemnify and hold HUSBAND harmless from any and all liability as a result of non-payment of the mortgage or any other debt associated with the real estate by her. HUSBAND agrees to execute a deed simultaneously with the execution ofthis January 5, 2001 4 "-C '-" ,~, -H~,,' ,- _. ',~ ,_,. ,c__,_ """,'-c-, ~ - --, "IIIiIIIIiIii-'"^- ~ , , Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, right and title in the marital residence. WIFE shall have HUSBAND's name removed from the mortgage within five (5) years ofthe date of this Agreement. Said release might be secured either by refinance of the mortgage, a release of HUSBAND from said mortgage or sale of the property for sale. Upon sale, any proceeds shall be the sole property of WIFE. 7. MOTOR VEHICLES WIFE shall have sole title and ownership of the parties' 1999 Blazer. HUSBAND shall have sole title and ownership of the parties' 1993 Corsica. HUSBAND's vehicle is not encumbered. WIFE's vehicle is encumbered. WIFE agrees to indemnify and hold HUSBAND harmless for said debt. WIFE agrees to be responsible for all HUSBAND's attorneys' fees incurred in defense of any claim or suit brought against him arising from said debt or incurred to enforce this indemnification. 8. PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable. 9. BANK ACCOUNTS AND INVESTMENTS Each party shall have sole possession of the bank accounts and investments in their own names. January 5, 2001 5 ',_r. c . ,,~ '<'-_ ,_ _. - '~ n. """";,,,.-' "~ , , 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 11. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSYLV ANTA DIVORCE ACT OF 1980, AS AMENDED ' HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or armulment between the parties. 12. AFTER ACQUIRED PERSONAL PROPERTYIFUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 13. ALIMONY, SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are January 5, 2001 6 ,- " ~ ; ~ '" ~;,,'~ " '-- ,'-~ """'~~'''' '.,~-,,~ ~ . , accepted by them in lieu of and in full and fmal satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony and maintenance. 14. CHILD SUPPORT An Order for child support shall be stipulated by the parties at the Domestic Relations Office of the Court of Common Pleas of Cumberland County, Docket No. 00983 S 2000, P ACSES Case No. 421102821 wherein HUSBAND will be held to an earning capacity of $36,000.00 gross per year. The stipulation shall require HUSBAND to pay the sum of $696.95 per month as child support. WIFE shall cover the child with medical insurance. HUSBAND shall be responsible for fifty-eight (58%) percent of the nonreimbursed medical expenses. The parties agree that the Order shall also include HUSBAND's portion of the payment to the Bankruptcy Trustee as provided for under paragraph 3 of this Agreement, which is $62,16 per month. These monies shall also be wage attached and shall be subject to all enforcement proceedings for a total payment through Domestic Relations Office of $759.1 1 per month. It is acknowledged that said sum shall be retroactive to December 13, 2000, the date of the conference. HUSBAND shall receive credit for one post-conference payment in the amount of $160.84. The parties agree that this paragraph shall constitute a stipulated order to be forward to the Domestic Relations Office. January 5, 2001 7 , " ~-, ~. '''~' ' "-".' "."-- ,~ ' ". -~ ',~ .. ., " 15. TAX RETURNS The parties agree to file taxes jointly for 2000. Any refund shall be placed in their son's separate account to reimburse the child for monies taken during the parties' hard times. Any monies which might be due shall be paid equally by both parties. 16. BANKRUPTCY The parties acknowledge that either one or both parties have, or may be filing or in the process of a bankruptcy to discharge various debts listed in this Agreement. In the event any joint debts such as the mortgage are discharged as to the filing party, the non-filing party shall be able to claim indemnification under this Agreement against the filing party. The parties agree that said joint debts shall be reaffirmed by the filing party and said filing party will pay those debts under the terms of this Agreement. 17. SUBSEQUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault January 5, 2001 8 .'w<'. ""c" "',, -- '0' """,c-'_\__,' _>",,-:-'_,_ ."", c . , " Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated for purposes of enforcement into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. The divorce will be concluded January 2, 2001. 18. OTHER DOCUMENTA nON HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, 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. 19. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTA TE Each party hereby releases, waives and relinquishes any and all rights which he or she may .now have, or may hereafter have, against the other party Under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 20. MUTUAL RELEASE HUSBAND and WIFE 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, title 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 January 5, 2001 9 , ~, ~" - ~, ~ - - - -- -J__:..: ,. ,. '.-,,,.' --')"! ,.~ " 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 equitable distribution, dower or curtesy, or claims in the nature of dower or curtesy of 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 and rights which HUSBAND or WIFE may have or at any time hereafter have for the 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 for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any January 5, 2001 10 . __~ , ,_ - ~.,_, u_ -..,:, ..-"" - ~',' ,- . "---'--"''''-''''''''-' '--.-,-. ~ -..i,j . , , .' and all right to act as executor or executrix or administrator or administratrix of the other's estate, It is the intention of HUSBAND and WIFE to give to each other by the execution of this Marital Settlement 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. 21. SUCCESSOR'S 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. 22. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 23. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either ofthem to the other for the 11 January 5, 2001 '-'''0-'_' ~- ."" <" ~'." "'" ~ - '-'-~". "",;' -,- , .--, "",,^ --~..w"""'" . ~ -J.-, ""'iilii. , .' 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. 24. BINDING EFFECT OF AGREEMENT/W AIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default ofthe same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 25. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. January 5, 2001 12 J'" J' --1; ___ - - . ,-_~" ,- " -\. -" . - -- ,;,-,;-; ,~" " ;_">'_ f__~',,, -c.-, ,,- - '~,,,,,-,, ' . , 27. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. MERMAN ~rkW WITNESS ~fI ~~ TAMMIAA.ZIM~ January 5, 2001 13 '''' " '''', ~,.., 0'" "",_:~_ ,,-; ~~'-" .' COMMONWEALTH OF PENNSYL VANIA COUNTY OF ) ) SS. ) Befor e, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared DEAN M. ZIMMERMAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this 01. ~L~ OTARY PUBLIC My commission expires: Notarial Seal SEAL) Halvard E. Alexander, Notary Public Dillsburg Bore, York County My Commission Expires April 23, 2001 Member. Pennsvlv,n;, Association of Notaries COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared TAMl\fiA A. ZIMMERMAN, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. subscribed to before me this /a day 0~1. NOTARY PUBLIC My commission expires: (SEAL) Nola11aI Seal !laJbara Sum\lle-SuIllvan, NoI8ry PublIc New QJ!imbeIIaild Bolo, Cumbel1l1l1d County ()(lImldasiull Exp/nls November 1S, January 5, 2001 14 , ,- ~:.. .~ --0' ~,,--,c-'_ ":-""k, _-, ~~--, ;",~ ., ~ Barbara Swnple-SuIlivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PAl 7070 (717) 774-1445 TAMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 00-6086 Civil Term DEAN M. ZIMMERMAN, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: Personal service on October 9, 2000. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: February 5,2001; by Defendant: January 23,2001. 4. Related claims pending: All matters have been resolved pursuant to a Marital Settlement Agreement reached by the parties dated January 23, 2001 and incorporated, but not merged into the Decree. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: February 16, 2001. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: February 16, 2001. Dated: February 19, 2001 Barbara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff .. - .. ,'j - : ~ - , ' ' 0.,',',,_,' '--"'-'-'._,' '__',;,c"" ~~'~ . " Barbara Sumple-SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 TAMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 00-6086 Civil Term DEAN M. ZIMMERMAN, Defendant CERTIFICA TE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Jane M. Alexander, Esquire 148 South Baltimore Street P.O. Box 421 Dillsburg, P A 17019- Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff DATED: February 19, 2001 ~"~~ - "~" -., -~,~---"'" -"_...~,,'~" >o,_~~,' "'-"''''''''.'''''''-' "':"""''''-e.''',i.i",,~:<_.:_ '~c_-'" ,', iil'IL . T AMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Co - I.Ci(o C;lJt'l'-r~t DEAN M. ZIMMERMAN, Defendant : CIVU, ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. Ajudgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIIE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 ...Ili ----', - - - ---,--- ~ '_"W "-"-""'"'~.^"",,",,,," '~=,o-;,,,-,,,,_l;-""<.i2 "':,"~rii,:,j"\ "" -'lIil' TAMMIA A. ZIMMERMAN, Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. fJ-tj- f-,o?(, ~ -<J..u- DEAN M. ZIMMERMAN, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is TAMMIA A. ZIMMERMAN, an adult individual residing at 127 W, Vine Street, Shiremanstown, Cumberland County, Pennsylvania. 2. Defendant is DEAN M. ZIMMERMAN, an adult individual residing at 127 W. Vine Street, Shiremanstown, Cumberland County, Pennsylvania, 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. Plaintiff and Defendant were married on November 16, 1996 in Cumberland County, Pennsylvania. 5. There is one minor children born of this marriage: Asher Michael Zimmerman, born April 15, 1997. 6. The parties separated in June of 1997. 1), ~""U~_. - _, ."~' __, A_'"':_ "~_"~'=' C,",,,", ",,-,~y, _~, ,;,,.,< ~;""-~'U.;",;iJ'_',_; _;;. "',,';;.;'-,j)t.;:~~,,1-Y'il;,,,,' ,- --' ..,,," ." '~R: 7. There have been no prior actions for divorce or annulment between the parties, 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with g 3301 of the Pennsylvania Divorce Code. COUNT II EOmABLE DISTRIBUTION 12. The averments in paragraphs 1 through II of Plaintiff's Complaint are incorporated herein by reference thereto. 2 -~~ .. CH" ,n'.- ..' ',,,"'..',,..<,,.."'....'d, "'" -.-,.-'~;--~ 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, TAMMIA A. ZIMMERMAN, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: September 1, 2000 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No, 32317 3 ~ ..,'~ - -"'-,,'~" ~-.'1"* '''', .,~;, -;,,-,""-'~' ,"'-"_hr..,;';';'_. ";"~"-':;"'-"'-'S';',: -"" TAMMIA A. ZIMMERMAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. DEAN M. ZIMMERMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated:~ :!::::f.~ Jj '.'_0"' ".. ",,'~' "' 'c.. u, ".., "..C<'" '..'c .'-~:4" ^ -, - fiilitl TAMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. DEAN M. ZIMMERMAN, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICA nON I, TAMMIA A. ZIMMERMAN, hereby certifY that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa.. C. S.A Section 4904 relating to unsworn falsification to authorities. Dated: q/ ;1.5..J {Xj , ~~ TAMMIA A. ZIM N -i ~ - -r " ',,- ~.< ..,-... -'JilfilW - '.-',-" . "-"':""4_"""~'_"'" _;._ ~"" -'--.~ --~~ " " .. TAMMIA A. ZIMMERMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 00-6086 DEAN M. ZIMMERMAN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Paul E. McCauley, being duly sworn according to law, depose and state that at approximately 6:50 P.M. on October 9, 2000, I personally handed to Dean M. Zimmerman at 127 W. Vine Street, Shiremanstown, PA 17011, a copy of the COMPLAINT IN DIVORCE in the above-captioned action. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities, Dated: October Itz, 2000 Sworn to and subscribed before me IdYl day . of Octo 000. NOTARY PUBLIC My Commission Expires: (SEAL) tlal!llifiI~NoIIllY Publlo New Q/Jrnberland BolO, Cwnberl8nd County GlimmIssIoA i!llpIms NlJ : W".r 15, , ~ ' "--', - ,- - "'~ -' " -', '~ > ,,"" ~ '-"= - 0,,""" ~'';',', !iii, . TAMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 00-6086 Civil Term DEAN M. ZIMMERMAN, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 6, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. 5. 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. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~61o I ~A~ TAMMIA A. ZI RMAN f"'i",L., . "--~<' = - -;';'~':'";"-"'-""'-"-'" "~~~,, ',',i""" ",..ii" i.,",;"~ ',.~ -;~'''{-i,",'/' I . . <--" '''~.'' i '''iii'''''''' 0 <:::> "'-, ~, C ~'-I .:::;;.. ..." -o'CI:~' ,',j mfYl V".,J Z::C" 7t; 0', cn,-'i -<.i r-r---' :.--" ~.r "'" ~8 '-f:' )..""c :'::~ ?..: ;"-) ;~ -1 en :::-< -< , , r: i, I: I 1,1' I I I i. I II ""~ . '"=-' , ,,-."~ -, ,'-" . "', - - . , . ~ " , TAMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 00-6086 Civil Term DEAN M, ZIMMERMAN, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 statement herein are made subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsifIcation to authorities. DATE: 8./5/0 ( ~;I '. TAMMIAA.Z~ ~~'k"" ;, j; "<d, . , ',', ,~~~' ,,'';' C:,' -,' .' -~,~ () c ~- ~f:~; ~t CJ) ~J-~ 2c:, ~8 Pc z ::! ~,,~ ~~" '. CJ f..J ..." :71 "0."] c-\ -",.. _.l,~ ,-C) -::..,:2i~ orn ::;::! II -~ ~ '" 'l" ~~ '11 ~j II Ij ~1 , , " ~ J ~ - '-',-", - .,..L.,,-~- ' , ,_. 1;;\lI>, . , . .. , TAMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 00-6086 Civil Term DEAN M. ZIMMERMAN, Defendant AFFIDA VTT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 6, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. 5. 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. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: -.1\~3 ! D/ ~ . ZIMMERMAN ".' 'c.", -. .. ,,,_,S" . " . ',~, --;,-,," J;.. "'c -, ,,~ ~ ~ " (') ~: -0[-,-_ fTlrt: Z:,:-; 6:5,:~_ ~f,' >c~ ~~; 2j "" ,"1 I :1 I -I -j j I 1 j ; I i I II I C:J co, (~~,; "" ''"f; ;3 f~~ ~~ -< ,.....,) 0' ~,~ ., ,." ~," ^ ~'~ -",-' / '" '.""-' - , '_c ~~"~ . ~ . , ... " TAMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 00-6086 Civil Term DEAN M. ZIMMERMAN, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsifIcation to authorities. DATE: //;3/"1 I / . ZIMMERMAN ~,~..<-;,,, L~ ,~~ ;,~~, .. . . ~'" _,~',>k_{ ,.,." '-'>k,~...,- '''',"'' ..c_.~,_~ Q ~~ -ocr; rnl';__' 4i-~; ~~~:. r: \.....,' '<: ~C} ;So )..~c: ~ _...r.'", o ..,., r~n ~ cr, 3: " I: II I I I II .iJ [,I I ! (J ..-,\ , , _,. I ~ , , ':-:".:[ '~ ~ :,) ~)' , ......"'~ , -0 "","~ ; _.,-, -.:_:_': ;C,,_ _""",' o~ _",,_ TAMMIA A. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-6086 DEAN M. ZIMMERMAN, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO RE-INSTATE TO THE PROTHONOTARY: . Please re-instate the Complaint filed in the above-captioned matter. Respectfully submitted, Dated: October 4, 2000 Barbara Sumple-Sullivan, Esquire . Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 -'-"':' ~, '_ ~ -, '.-'0 ~.!~_'.' " <..d ,-' ;', ,," "0" ,'...,...... '::~~-.Li- .:~'O""'..:_ . I I I ~.. " ,'.h......"..'..,.. ..''''''....h,..p..'.."..''',..'".."'''.,'....,.;".... ~,,',...,'" .... o c vf~ S2~I ZC ~~~.:~ r:::C' ...:;:-.. ~C) '=0 ::t>r :Z =< o o a n r:- ('/:) , -., , <(-) ::: :T~l '__,I:;;;;: Sfi1 55 -< ..~ ~.... "~li III ~I' I II :1 '] ij :1 '1 ,I "I II :1 I , I' . Ii