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PARNELL ZW ALD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
: NO. 01- /S7f'
: IN DIVORCE
CIVlL TERM
KIMBERLY D. ZW ALD,
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 may proceed without you and
a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against
you for any other claim or relief requested in these papers by the ,Ptaintiff. You may tose money or property or other
rights important to you, including custody or visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request
marriage counseling. A list of marriage counselors is available in the Prothonolaly's Office at the Cumberland County
Courthouse, Carlisle, Pennsylvania.
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 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, Pennsylvania l70l3
Tetephone (717) 249-3l66
AMERICANS WITH DISABlLITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations availabte to
disabled individuals having business before the court, please contact our office. All arrangements must be made at least
72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing.
James J. Kayer, Esquire
Attorney for Plaintiff
Liberty Loft
4 East Liberty Avenue
Carlisle, PA 17013
(71 7) 243-7922
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PARNELL ZW ALD,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - /S71
CIVIL TERM
KIMBERLY D. ZW ALD,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE
COMES NOW, Plaintiff PARNELL ZWALD, through his attorney, James J. Kayer, Esquire and
avers as follows:
COUNT 1- DIVORCE
l. Plaintiff is PARNELL ZW ALD, an adult individual who resides at 931 Sherman View Road,
Shermans Dale, Cumberland County, Pennsylvania.
2. Defendant is KIMBERLY D. ZW ALD, an adult individual whose address is 63 Marilyn
Drive, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on October ll, 1986 in Clinton County, PA.
5. There have been no prior actions of divorce filed in this matter.
6. Plaintiff and Defendant are not active members of the United States Armed Forces.
7. The marriage is irretrievably broken, and the parties are proceeding under Section 330l(c) of
the Divorce Code.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the court require the parties to participate in counseling.
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WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
Date: ) I / q ( () I
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VERlFICATION OF PLEADlNGS
The foregoing document is based upon information which has been gathered by my cOlUlsel
and myself in the preparation of this action. The language of the document may, in part, be the
language of my cotUlsel and not my 0\\11. I have read the statements made in this document and to
the extent that it is based upon information which 1 have given to my counsel, it is true and correct
to the best of my knowledge, information and belief. To the extent that the contents of the
statements are that of counsel, I have relied upon counsel in making this Verification. I lU1derstand
that false statements herein are made subject to the penalties of 18 P A. C.S. S 4904, relating to
unsworn falsification to authorities.
Date: ,-S-/1'~O/
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. Complete items 1, 2, and 3. Also complete
-item 4 if Restricted Delivery is desired.
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.go that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the frQ~t if space permits.
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2. Article Number (Copy from sendee label)
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1OZS95-99-M.178S
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PARNELL ZW ALD,
Plaintiff
vs.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - lS78 CIVIL TERM
KIMBERLY D. ZW ALD,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO Pa. R.C.P.1920.4(a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is
the attorney for plaintiff, Parnell Zwald, and that he did serve a true and correct copy of the
Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified
with restricted delivery, return receipt requested, unto the Defendant Kimberly D. Zwald, on
March 20, 200 l. The receipt form is attached hereto.
NOTARIAL SEAL
Vickie J. Group, Notary Public
Borough of Carlisle, County 01 Cumberland
My Commission expires Aug. 30, 2004
2l't day of March 200l
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PARNELL ZW ALD,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 01-1578
KIMBERLY D. ZW ALD,
Defendant
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of the Family Law Clinic on behalf of Kimberly Zwald, the
Defendant in the above captioned matter.
May 11, 200l
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F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
717/243-3639
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PARNELL ZW ALD,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
KIMBERLY D. ZW ALD,
Defendant
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I, Julie B. Miller, Certified Legal Intern, Family Law Clinic, hereby ~~ ~ I ~;!
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serving a true and correct copy of Praecipe to Enter Appearance on Plaintiff' s attor~y, !ikes2f!.
NO. 01-1578
CERTIFICATE OF SERVICE
Kayer, at Liberty Loft, 4 East Liberty Avenue, Carlisle, Pennsylvania, 17013, by depositing a
copy of the same in the United States mail, First Class, postage prepaid, this Uth day of May,
2001.
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THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA l7013
(717) 243-2968
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PARNELL ZW ALD,
Plaintiff
vs.
KIMBERLY D. ZW ALD,
Defendant
TO THE PROTHONOTARY:
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 01 - 1578 CIVIL TERM
: IN DIVORCE
PRAECIPE
Please enter my ap earance as counsel of record for the above-ca
Date:
d Plaintiff.
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PARNELL ZWALD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION- LAW
: IN DNORCE
KIMBERLY D. ZW ALD,
Defendant
: No. Ol-l578
MARITAL SETTLEMENT AGREEMENT
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TIDS AGREEMENT, made thisaIQ... day of September, 2001, between Plaintiff, Parnell Zwald
("Husband"), and Defendant, Kimberly D. Zwald ("Wife"), concerns the resolution of the
equitable distribution claim in the above-captioned matter.
WHEREAS, Husband and Wife desire to enter into an agreement as to all economic
issues between the parties, except child support, which is docketed at Zwald v. Zwald. Docket
No. 00260 S 200l, PACSES Case Number 387l0330l, and except as set forth below, and to
have this agreement made an Order of Court.
NOW, THEREFORE, Wife and Husband, each intending to be legally bound hereby,
agree as follows:
DIVORCE
1. The parties have lived separate and apart since March 4, 200 l.
2. Each party will execute an Affidavit of Consent and a Waiver of Notice of Intent to
Request Divorce Decree within ten (10) days ofthe execution of this Agreement.
FINANCIAL DISCLOSURE
3. Attached hereto as Schedule "A" and "B" are the financial disclosures of the parties with
respect to their assets, liabilities and income. Each party confirms that he or she is
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relying upon the substantial accuracy of the other's financial disclosure as an inducement
to the execution of this Agreement. No representations or warranties have been made by
either party to the other, or by anyone else as to fmancial status of the other, except as
expressly set forth in this Agreement and Schedules "A" and "B".
INCOME TAX
4. The parties agree that this Agreement does not relate to or resolve in any way, any
federal, state or local income tax liability that either or both of the parties may have to
taxing authorities, or any potential liability that either has to the other regarding income
tax.
DEBTS
5. At the date of separation, the parties owed real estate taxes in the amount of
approximately $990. Wife shall be responsible for the payment of this debt.
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6. Except as otherwise identified in this agreement, the parties represent and warrant to one
another that they are not aware of any other items of marital debt.
ASSETS
7. Except as otherwise provided in this agreement, all clothing, personal property and
household furnishings have been divided between the parties to their mutual satisfaction,
and neither party will make any claim to such items that are now in the possession or
control of the other.
8. Husband shall deed all of his right, title, and interest in and to the marital residence
located at 63 Marilyn Drive, Carlisle, PA l7013, free and clear of all liens and
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encumbrances, except the lien of any existing mortgage, to Wife. Husband agrees to
execute any documents necessary to effect such release/transfer.
9. . Wife agrees to pay and will be solely responsible for mortgage obligations and all related
Mobile Home obligations incurred from the date of separation forward, including, but not
linlited to, lot rent and utilities.
lO. The remaining personal property acquired during the marriage shall remain as already
divided.
SPOUSAL SUPPORT, ALIMONY PENDENTE LITE.
COSTS. COUNSEL FEES. ALIMONY
ll. Both parties waive spousal support, alimony pendente lite, costs, counsel fees, and
alimony, and agree not to request any of them in the future, except in the event of breach,
as provided in paragraphs l2 and 13.
REMEDIES
l2. 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, and seek any other
remedy allowed under Pennsylvania law.
13. Any party breaching this agreement shall be responsible for the payment of all legal fees
and costs incurred by the other in enforcing his or her rights under this agreement, or
seeking such other remedy or relief that may be available to him or her.
FULL AND FINAL SETTLEMENT OF ALL CLAIMS
l4. Except as provided herein, and except as to the issue of child support, which is separate
and apart from this agreement, and is docketed at Zwald v. Zwald, Docket No. 00260 S
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2001, PACSES Case Number 38710330l, Husband and Wife agree that the execution of
this agreement is a full and final settlement of all economic and other claims between
them, including, without limitation, the ownership and equitable distribution of marital
property, the past, present and future spousal support, alimony, alimony pendente lite
and/or maintenance of either of them, and in general, any and all claims and all other
possible claims by one against the other or against their respective estates.
BINDING ON PARTIES AND OTHERS
15. This agreement shall be binding on the parties and their respective heirs, executors,
administrators and assigns.
INCORPORATION
l6. The parties intend this agreement to be incorporated, but not merged, into the divorce
decree. This agreement shall continue in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties.
l7. The parties intend to be legally bound by the terms of this agreement, and intend that it be
filed with the Court as satisfaction of the Equitable Distribution claim. However, the
parties agree that failure to file this agreement with the Court shall have no effect on the
parties' obligations or the ability to utilize any remedy for enforcement.
MODIFICATION TO BE IN WRITING
l8. No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties.
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LAW OF PENNSYLVANIA APPLICABLE
19. This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
INTEGRATION
20. This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
OTHER DOCUMENTATION
21. Within ten (lO) days after demand thereof, the parties will execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be reasonable, necessary or desirable for the proper effectuation of this Agreement.
The parties further agree that time shall be of the essence.
NO WAIVER OF DEFAULT
22. This Agreement shall remain in full force and effect unless terminated under the terms of
this Agreement. The failure of either party to insist upon strict performance of any of the
provisions of this Agreement shall in no way affect the right of such party thereafter to
enforce the same, nor shall the waiver of any breach of any provision hereof be construed
as a waiver of any subsequent default of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other obligations herein.
ADDRESSES OF PARTIES
23. As long as any obligations remain to be performed pursuant to the provisions of this
Agreement, each party shall have the affirmative obligation to keep the other informed of
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his or her residence address, and shall promptly notify the other in writing of any change
of address by giving the new residence address.
WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS
24. Wife and Husband each warrant that neither has heretofore contracted for any liability for
which the other or the estate of the other may be responsible except as specifically
disclosed and provided for by the terms of this Agreement. The parties further warrant
that each will now and at all times hereafter save harmless and indemnify the other and
the estate of the other from all liabilities incurred after the execution date hereof, except
as may be otherwise specifically provided herein, as well as from all liabilities of every
kind which have been incurred heretofore by either party, including those for necessities,
except for obligations identified in or arising out of this Agreement. Except as may be
otherwise expressly provided herein, the parties agree that all joint credit and/or charge
accounts shall be terminated inunediately, and no charges shall be incurred by either
party against any joint account from the date of execution hereof.
ADVICE OF COUNSEL
25. The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, The Family Law Clinic, for Wife and Jane Adams,
Esquire for Husband. Each party confirms that he or she fuBy understands the terms,
conditions and provisions of this Agreement and believes them to be fair, adequate and
reasonable under the existing facts and circumstances. The parties further confirm that
each is entering into this Agreement freely and voluntarily and that execution of this
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Agreement is not the result of any duress, undue influence, collusion, or improper or
illegal agreements.
26. Each ofthe parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
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PARNELL ZWALD
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iiIr:ERL Y ALD
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MATTHEW J. ODRICH
Certified Legal Intern
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T S M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
THE FAMILY LAW CLINIC
Attorneys for Defendant
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SCHEDULE "A"
WIFE'S FINANCIAL DISCLOSURE
ASSETS:
1. Mobile Home- Located at 63 Marilyn Drive, Carlisle, P A l7013
APPROXlldATEVALUE:~own
2. Various personal items and household furnishings
LIABILITIES:
1. Mortgage on Mobile Home
APPROXlldATE LIABILITY: unknown
2. Real Estate Taxes
APPROXlldATE LIABILITY: $990.57
INCOME:
, 1. Employer: None
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FROM JA~~_ADA~S
FAX NO. 7172458538
Sep. 05 2001 03:42AM P2
SCHRDTILF: 'R
lWSBAND'S FJNAN~IAL DlSCLOSURE
ASSETS:
1. Clothes and personal belongings. Unknown value.
2. One Toyota 4x4 J 989 Truck. Approl(imate Value $2000.
3. Three 3-wheeler All-terrain vebides. '84, '&7, 'RQ.
Awroximltte total value <:If nil three vehicles: $1000.
4. Onelamp. Approximate value $ J 50.
5. Various tools. All acquired prior to marriage. Includes an >>ir l'.omftre~sor,
And welder. Value unknown. '
6. One 1985 RC,;A TV and one lYll5 FIsher Stereo. Value unknown.
INCOME:
Husband works as an independent contractor for Zwald Logging.
He is paid $3.00 per ton of wood. His gross income is approximately $650.00
. ~ week. Of this amount, he puts aside $200.00 per week in his ""wings nr.r.(lllnt ns
to pay estimated taxes.
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PARNELL ZWALD,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
KIMBERLY D. ZWALD,
Defendant
: No. 01 - 1578
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on March 19,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the filing and service of the Complaint.
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3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
Date: 10 -II . C? I
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 633011cl OF THE DIVORCE CODE
1. I consent to 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 that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification
to authorities.
Date/ (j . {( . CJ /
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Parnell wald, Plaint
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Plaintiff / Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION- LAW
: IN DIVORCE
KIMBERLY D. ZWALD,
Defendant / Petitioner
: No. Ol-l578
CERTIFICATE OF SERVICE
I, Matthew 1. Goodrich, hereby certifY that on this 24th day of October 200 l, I am serving
a true and correct copy of the Plaintiff's Affidavit of Consent and Waiver of Notice of Intention
to Request Entry of a Divorce Decree upon Ms. Jane Adams, Esquire by First Class Mail,
postage prepaid at the following address
Ms. Jane Adams, Esquire
117 South Hanover Street
Carlisle, PA l7013
October 24, 200l
Date
J) ~ ~ G,J.i.. ~R..--
Matthew 1. Go . ch
Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA l7013
7l7-243,,2968
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Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION- LAW
: IN DIVORCE
KIMBERLYD. ZWALD,
Defendant
: No. Ol-l578
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on March
19, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of 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.
I verity that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to
unsworn falsification to authorities.
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Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION- LAW
: IN DIVORCE
KIMBERLYD. ZWALD,
Defendant
: No. Ol-l578
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
1S3301(c) OF THE DIVORCE CODE
l. 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 that
false statements herein are made subject to the penalties of l8 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
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Plaintiff / Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION- LAW
: IN DIVORCE
KIMBERLYD,ZWALD,
Defendant / Petitioner
: No. Ol-l578
CERTIFICATE OF SERVICE
I, Matthew 1. Goodrich, hereby certify that on this 24th day of October 200 l, I am serving
a true and correct copy of the Defendant's Affidavit of Consent and Waiver of Notice of
Intention to Request Entry of a Divorce Decree upon Ms. Jane Adams, Esquire by First Class
Mail, postage prepaid at the following address
Ms. Jane Adams, Esquire
ll7 South Hanover Street
Carlisle, PA l7013
October 24. 200l
Date
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Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA l7013
717-243-2968
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PARNELL ZWALD,
Plaintiff / Respondent
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION- LAW
: IN DIVORCE
KIMBERLYD.ZWALD,
Defendant / Petitioner
: No. Ol-l578
PETITION FOR EQUITABLE DISTRIBUTION
AND NOW comes Kimberly D. Zwald, the Defendant/Petitioner in the above-
captioned divorce action, by and through her attorneys, the Family Law Clinic, and sets forth
the following petition for equitable distribution, pursuant to Pa.R.C.P. No. 1920. 15(b):
Plaintiff and defendant have acquired property and debt during their marriage,
including, but not limited to, a trailer, vehicles, and real estate taxes. On or about October 5,
200 l, both parties executed a Marital Settlement Agreement, which has now been submitted to
the Court. On October 19, 2001 the Family Law Clinic contacted Jane Adams, Esquire,
Counsel for Plaintiff. Ms. Adams informed the Family Law Clinic that she concurs with this
Petition.
WHEREFORE, Defendant / Petitioner requests the Court to enter an Order dividing
the property between the parties pursuant to the Marital Settlement Agreement.
Date {o/-z..,.do,
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Student Attorney
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~AS M. PLACE
ROBERT E. RAINS
Supervising Attorney
TERI L. HENNING
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA l7013
(7l7) 243-2968
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VERIFlCATION
I hereby verify that the statements made in the foregoing Petition for Equitable
Distribution are true and correct, to the best of my knowledge, information and belief. I
understand making a false statement would subject me to the penalties of l8 Pa.C.S. Section
4904, relating to unsworn falsification authorities.
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Plaintiff / Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
: ClVILACTION-LAW
: IN DlVORCE
KIMBERLY D. ZW ALD,
Defendant / Petitioner
: No. 01-1578
CERTIFICATE OF SERVICE
I, Matthew 1. Goodrich, hereby certify that on this 24th day of October 2001, I am serving
a true and correct copy of the Petition for Equitable Distributionupon Ms. Jane Adams, Esquire
by First Class Mail, postage prepaid at the following address
Ms. Jane Adams, Esquire
117 South Hanover Street
Carlisle, P A 17013
October 24.2001
Date
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Matthew 1. Go ch
Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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PARNELL ZWALD,
Plaintiff / Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
: ClVIL ACTION- LAW
: IN DlVORCE
KIMBERLYD.ZWALD,
Defendant / Petitioner
: No. 01-1578
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Kindly transrnit 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 and rnanner of service of the cornplaint: March 19, 2001 by certified mail with
return receipt.
3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the
Divorce Code: by Plaintiff on October 11, 2001 and Defendant on September 28,2001.
4. Related claims pending: None. Equitable Distribution claim was settled by Marital
Settlement Agreement adopted as an Order of Court on October 25,2001.
5. Date plaintiffs Waiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: October 24, 2001.
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6. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: October 24, 2001.
Date: Oc-fo 6e.r 2 5., Zoo \
JlrJJ;W~~
Matthew 1. odrich
Certified Legal Intern
~L N-
T S M. PLACE
ROBERT E. RAINS
Supervising Attorney
TERI L. HENNING
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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PARNELL ZW ALD,
Plaintiff / Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
: ClVIL ACTION- LAW
: IN DlVORCE
KIMBERLYD. ZWALD,
Defendallt / Petitioner
: No. 01-1578
CERTIFICATE OF SERVICE
I, Matthew 1. Goodrich, hereby certify that on this 25th day of October 2001, I am serving
a true and correct copy of the Praecipe to Transmit Record upon Ms. Jane Adams, Esquire by
First Class Mail, postage prepaid at the following address
Ms. Jane Adams, Esquire
117 South Hanover Street
Carlisle, PA 17013
October 25. 2001
Date
J(~~~I
Matthew 1. drich
Certified Legal Intern
F AMIL Y LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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PARNELL ZWALD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: ClVIL ACTION- LAW
: IN DlVORCE
KIMBERLYD. ZWALD,
Defendant
: No. 01-1578
ORDER OF COURT
AND NOW, this 7X, ~y of 0 c.J:Lu ,2001, the attached Marital
Settlement Agreement is approved and entered as an Order of Court.
The Marital Settlement Agreement and this Order shall be incorporated into, but not
merged with, the divorce decree which will be entered in the above captioned matter.
Dated: ()<-- i L. ,\ 260 (
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PARNELL ZW ALD,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: ClVIL ACTION- LAW.
: IN DlVORCE
KIMBERLY D. ZW ALD,
Defendant
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MARITAL SETTLEMENT AGREEMENT <c_ .-<
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TillS AGREEMENT, made this~ day of September, 2001, between Plaintiff, paiiell ~al~
("Husband"), and Defendant, Kimberly D. Zwald ("Wife"), concerns the resolution of the
equitable distribution claim in the above-captioned matter.
WHEREAS, Husband and Wife desire to enter into an agreement as to all economic
issues between the parties, except child support, which is docketed at Zwald v. Zwald. Docket
No. 00260 S 2001, P ACSES Case Number 3871 03301, and except as set forth below, and to
have this agreement made an Order of Court.
NOW, THEREFORE, Wife and Husband, each intending to be legally bound hereby,
agree as follows:
DIVORCE
1. The parties have lived separate and apart since March 4, 2001.
2. Each party will execute an Affidavit of Consent and a Waiver of Notice oflntent to
Request Divorce Decree wi~n ten (10) days of the execution of this Agreement.
FINANCIAL DISCLOSURE
3. Attached hereto as Schedule "A" and "B" are the financial disclosures of the parties with
respect to their assets, liabilities and income. Each party confirms that he or she is
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relying upon the substantial accuracy of the other's fmancial disclosure as an inducement
to the execution of this Agreement. No representations or warranties have been rnade by
either party to the other, or by anyone else as to fmancial status of the other, except as
expressly set forth in this Agreement and Schedules "A" and "B".
INCOME TAX
4. The parties agree that this Agreement does not relate to or resolve in any way, any
federal, state or local income tax liability that either or both of the parties rnay have to
taxing authorities, or any potential liability that either has to the other regarding income
tax.
DEBTS .
5. At the date of separation, the parties owed real estate taxes in the amount of
approximately $990. Wife shall be responsible for the payment of this debt.
_..
6. Except as otherwise identified in this agreement, th~ parties represent and warrant to one
another that they are not aware of any other items of marital debt.
ASSETS
7. Except as otherwise provided in this agreement, all clothing, personal property and
household furnishings have been divided between the parties to their mutual satisfaction,
and neither party will make any claim to such items that are now in the possession or
control of the other.
8. Husband shall deed all of his right, title, and interest in and to the marital residence
located at 63 Marilyn Drive, Carlisle, P A 17013, free and clear of all liens and
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encurnbrances, except the lien of any existing mortgage, to Wife. Husband agrees to
execute any docurnents necessary to effect such release/transfer.
9. . Wife agrees to pay and will be solely responsible for mortgage obligations and all related
Mobile Home obligations incurred from the date of separation forward, including, but not
limited to, lot rent and utilities.
10. The remaining personal property acquired during the marriage shall remain as already
divided.
SPOUSAL SUPPORT. ALIMONY PENDENTE LITE.
COSTS. COUNSEL FEES. ALIMONY
II. Both parties waive spousal support, alimony pendente lite, costs, counsel fees, and
alimony, and agree not to request any of them in the future, except in the event of breach,
as provided in paragraphs 12 and 13.
REMEDIES
12. If either party breaches any provision of this agreement, the other party shall have the
righ~ at his or her election, to sue for damages for such breach, and seek any other
remedy allowed under Pennsylvania law"
13. Any party breaching this agreement shall be responsible for the payment of all legal fees
and costs incurred by the other in enforcing his or her rights under this agreement, or
seeking such other remedy o~ relief that may be available to him or her.
FULL AND FINAL SETTLEMENT OF ALL CLAIMS
14. Except as provided herein, and except as to the issue.of child support, which is separate
and apart from this agreement, and is docketed at Zwald v. Zwald. Docket No. 00260 S
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2001, PACSES Case Number 387103301, Husband and Wife agree that the execution of
this agreement is a full and [mal settlement of all economic and other claims between
them, including, without limitation, the ownership and equitable distribution of marital
property, the past, present and future spousal support, alimony, alimony pendente lite
and/or maintenance of either of them, and in general, any and all claims and all other
possible claims by one against the other or against their respective estates.
BINDING ON PARTIES AND OTHERS
15. This agreement shall be binding on the parties and their respective heirs, executors,
administrators and assigns.
INCORPORATION
The parties intend this agreement to be incorporated, but not merged, into the divorce
decree. This agreement shall continue in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties.
The parties intend to be legally bound by the terms of this agreement, and intend that it be
filed ~ith the Court as satisfaction of the Equitable Distribution claim. However, the
parties agree that failure to file this agreement with the Court shall have no effect on the
parties' obligations or the ability to utilize any remedy for enforcement.
MODIFICATION TO BE IN WRITING
18. No modification or waiver of . any of the terms hereof shall be valid unless in writing and
signed by both parties.
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LAW OF PENNSYLVANIA APPLICABLE
19. This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
INTEGRATION
20. This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
OTHER DOCUMENTATION
21. Within ten (10) days after demand thereof, the parties will execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be reasonable, necessary or desirable for the proper effectuation of this Agreement.
The parties further agree that time shall be of the essence.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless terminated under the terms of
this"Agreement. The failure of either party to insist upon strict performance of any of the
provisions of this Agreement shall in no way affect the right of such party thereafter to
enforce the same, nor shall the waiver of any breach of any provision hereof be construed
as a waiver of any subsequent default of the same or similar nature, nor shall it be
construed as a waiver of s~ct performance of any other obligations herein.
22.
ADDRESSES OF PARTIES
23. As long as any obligations remain to be performed pursuant to the provisions of this
Agreement, each party shall have the affirmative obligation to keep the other informed of
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his or her residence address, and shall promptly notify the other in writing of any change
of address by giving the new residence address.
WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS
Wife and Husband each warrant that neither has heretofore contracted for any liability for
which the other or the estate of the other may be responsible except as specifically
disclosed and provided for by the terms of this Agreement. The parties further warrant
that each will now and at all times hereafter save harmless and indemnify the other and
the estate of the other from all liabilities incurred after the execution date hereof, except
as may be otherwise specifically provided herein, as well as from all liabilities of every
kind which have been incurred heretofore by either party, including those for necessities,
except for obligations identified in or arising out of this Agreement. Except as may be
otherwise expressly provided herein, the parties agree that all joint credit and/or charge
accounts shall be terminated immediately, and no cl;1arges shall be incurred by either
party against any joint account from the date of execution hereof.
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ADVICE OF COUNSEL
25. The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, The Family Law Cliuic, for Wife and Jane Adams,
Esquire for Husband. Each party confirms that he or she fu1iy understands the terms,
conditions and provisions o~this Agreement and believes themto be fair, adequate and
reasonable under the existing facts and circumstances. The parties further confirm that
each is entering into this Agreement freely and voluntarily and that execution of this
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Agreement is not the result of any duress, undue influence, collusion, or improper or
illegal agreements.
26. Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first written above.
~(~(7l~Jl /( ~~(~.
PARNELL ZWALD
. -j.{~Q'~ ~ q -7-I-Of
~BRLY ALD
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MATTHEW 1. ODRICH
Certified Legal Intem
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T . ~ M-PLACE j
ROBERT E. RAINS
TBRI L. HENNING
Supervising Attorneys
THE FAMILY LAW CLINIC
Attorneys for Defendant
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SCHEDULE "A"
WIFE'S FINANCIAL DISCLOSURE
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ASSETS:
1. Mobile Home- Located at 63 Marilyn Drive, Carlisle, P A 17013
APPROXIMATE VALUE: unknown
2. Various personal items and household furnishings
LIABILITIES:
1. Mortgage on Mobile Home
APPROXIMATE LIABILITY: unknown
2. Real Estate Taxes
APPROXIMATE LIABILITY: $990.57
INCOME:
1. Employer: None
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FROM ; JANE_ADAMS
FAX NO. : 7172458538
Sep. 05 2001 03:42AM P2
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SC-HF.om oF. R
HUSBAND'S FINANCIAL DISCLOSIJRE
ASSETS;
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1. Clothes and personal belongings. Unknown valUe.
2. One Toyota 4x4 1989 Truck. Approximate Value $2000.
3. Three 3-whee1er All-terrain vehicles. '84, '87, 'jlq.
ApPl'Oximate toUll value of all three vehicles: $1000.
;;;;
4. Unelamp. Approximatevalue$150.
5. Various tools. All acquired priorto marriage. Includes an Rir r.omJ:lre"~nr,
And welder. VallIC unknown. .
6. One 1985 RCA TV and one 1\/85 !"lSber Stereo. Value unknown.
INCOME:
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Husband works as an independent contractor for Zwald Logging.
He is paid $3.00 per ton of wood. His gross inCome is approximately $650.00
. 1= week. Of this amount, he puts aside $200.00 pe--l" wm in his ~vings A,..t':OI,nt A~
to pay estimated taxes.
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AT J.
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. PROTHONOTARY .
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
PARNELL R. ZWALD
Plaintiff
No.
2001,
1578
VERSUS
KTMRRRr,y n 7.WATfl
Defendant
DECREE IN
DIVORCE
AND NOW,
OL-toLc5
2So
, 2-00 I , IT IS ORDERED AND
DE:CREED THAT Parnell RnhPrt 7.w;Jlil
, PLAINTIFF,
AND
Kimberly Lawn ZWald
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BE:EN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None
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