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HomeMy WebLinkAbout01-1785 FX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " "L "L'.,". . ~- . . . ~~ ~ ~~ ~ ~ ~~~~~ ~ ~ ~~~~ ~~~~ Of. :f.:f.:f.:f. . .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DIANA ZOELLER, No. 01-1785 civil Term PJ ai nti ff VERSUS DAVID LEE ZOELLER, Defendant AND DECREE IN DIVORCE NOW'~~ oj to ~ (~A-;fA. , 2004 , IT IS ORDERED AND DECREED THAT DIANA ZOELLER , PLAINTIFF, AND DAVID LEE ZOELLER , 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; The Marital Settlement Agreement dated November 3, 2004 is incorporated but not merged into this Decree. . PROTHONOTARY fF.;f. ;to ;f. fF.'" '" '" '" "'''' fF. :f. :f. :f. '" Of. :Ii fF.;+;:f. '" '" f _ ~,_ J. ,,' . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... ~~" ~"""''''~~ ~""''"~!l!l!;i~!1iii~~,--j:'''>' "-~!h'~ '0'" ~~7e~ '~tL, ~~ p ,.~, ~~~-rfl /It \ . ,-~j"" "-, . . t:36 ~ -",,"-, ~' ~~~-'''''' .~""",, ,- ->'. Acl. cf - el /7(1'9-t'1 -- "' ,,~. ..~ . 'I !~~J" MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, is made this ,,3 'f!l- day of i\ )~--( by and between DIANA C. ZOELLER, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE" and DAVID L. ZOELLER, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "HUSBAND." WHEREAS, the parties were married on September 18, 1976; and WHEREAS, the parties' children are now adults; and WHEREAS, in consequence of disputes and unhappy differences, the parties have separated and are now and for some time have been living apart from each other and since their separation, have agreed to live separately and apart during the rest oftheir lives; and WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the settlement oftheir property rights, the support and maintenance of the WIFE, and any other rights and obligations growing out of the marriage relationship. IT IS THEREFORE AGREED by and between the parties that: 1. CONSIDERATION. The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. ,2004, 3. NO INTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as ifhe or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. DIVISION OF MARITAL AND PERSONAL PROPERTY. Except as otherwise set forth in this Agreement, the parties hereto agree that the marital property and personal property of the parties has been divided to their mutual satisfaction. The , ~l,..;,I '~'" ' ~'" <IJ, parties agree that they shall retain all personal property in their respective possession and waive all rights as to marital property and personal property in the possession of the other spouse as of the date of the execution of this Agreement. The parties further agree that the savings bonds in the name of their grandson and currently in the possession of WIFE, shall be physically given to the parents of the child within ten days of the date of this Agreement. 5. RELEASE OF INTEREST IN SEPARATE ASSETS. The parties hereto agree to waive any and all right to claim any interest or share in the separate assets retained by the other spouse. This waiver and release specifically includes any interest in each other's pension, employee benefits, life insurance, business interests, and any and all other separate assets. 6. WAIVER OF CLAIMS AGAINST EST A TES AND MUTUAL REI.EASE. Each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or may hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship including, without limitation, dower, thirds, courtesy, allowance, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of the other, right to act as administrator/executor of the other's estate, and each party will at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Each of the parties hereto, for himself or herself, his or her executors, 2 ~ 'L",I~ ..:.. I, . "'1 . ,'''c.^ I~ . -" ~ administrators, or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, action causes of action, or suits at law, or in equity, of any kind or nature, for or because of any matter or thing done, omitted or suffered to be done by said other party prior to and including the date hereof. 7. A~R-ACOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her 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. 8. WIFE'S RETIREMENT ACCOUNTS. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. HUSBAND further waives any interest he might have in any and all of WIFE's Individual Retirement Accounts (IRA) currently in her name. 9. HUSBAND'S RETIREMENT AND PENSION BENEFITS. 9.A. HUSBAND is presently employed by the Commonwealth of Pennsylvania. As an employee of the Commonwealth, he is entitled to certain benefits upon retirement. As part of the equitable distribution of property arising out of the marital relationship between HUSBAND and WIFE, HUSBAND agrees that upon his retirement, WIFE shall be entitled to receive fifty-five percent of the marital portion of HUSBAND's retirement. The parties further agree that the marital portion of HUSBAND's retirement shall be based upon a coverture fraction of 5.6 years as the 3 'I" .. .,..L) , "','-J' numerator over the denominator of the total years of service, plus any accrued interest from November I, 2000 until the date of transfer. The parties agree that the transfer to WIFE shall be made pursuant to a Qualified Domestic Order (hereinafter referred to as "QDRO''). The form of the Order is to be set forth in a Stipulation which will be signed by both parties subject to the prior approval of their respective counsel. The Order shall be entered by Stipulation within ninety (90) days of the execution of this Agreement. Furthermore, after the transfer to WIFE has been made pursuant to this paragraph, all remaining benefits in HUSBAND's retirement account shall become HUSBAND's sole and separate property. 9.B. HUSBAND was previously employed by the United States Army from which he currently receives a pension. WIFE hereby waives her right to equitable distribution of HUSBAND's military retirement. 10. MOTOR VEHICLES. The parties agree that WIFE shall become the sole owner of the 1992 Honda Accord encumbered by a loan through American General. WIFE shall be solely and fully responsible for the payment of this loan. HUSBAND shall become the sole owner of the 1998 Ford Escort encumbered by a loan through AllFirst Bank. HUSBAND shall be solely and fully responsible for the payment of this loan. The parties agree that they will hold each other free and harmless from any and all liability as a result of ownership of these vehicles or as a result of their liability for their respective car loans. 11. ACCOUNTS. The parties acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. They further agree that any and all joint checking and savings accounts have previously been divided to their satisfaction. WIFE further waives any interest she might have in any and all of HUSBAND's Deferred Compensation Account currently in his name. 12. PARTIES' DEBTS. The parties represent and warrant to each other that since separation, they have not incurred any debts or made any contracts, other than those listed 4 - '. 1,1 ....., ~ i;.", herein, and in the future they will not incur any debts or make any contracts for which the other shall be held liable. The parties further agree that they will each remain responsible for any and all debt currently in their own name, of any nature whatsoever, even ifnot indicated herein. The parties shall hold each other harmless for any liability which may arise as a result of the late or non-payment of the debt for which they are hereafter responsible. The parties acknowledge that HUSBAND has paid joint debt since the time of the parties separation. HUSBAND agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the Citifiancial account and the Fleet account. WIFE agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the First VISA account. 13. F,OUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the second marriage for both HUSBAND and WIFE; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited too medical, retirement, insurance or other benefits; the contribution or dissipation of each property, including the contribution of each spouse as a homemaker and caretaker of the children; the value of the property set apart to each party; the shared responsibility for all of the debts of the parties; the standard ofliving of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under the Agreement shall be in full satisfaction of all marital rights of the parties. 14. INTENDED TAX CONS,EQUENCES. By this Agreement, the parties have 5 - 'I ., . '. ~ ... ~~j, intended to effectuate an equal division of their marital property in accordance with the Pennsylvania laws pertaining to divorce and equitable distribution. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting the marital estate. As a part of the equitable division of the marital properties and the marital settlement herein contained, the parties agree to hold each other free and hannless from all income taxes assessed against the other resulting from the division of the property as herein provided. 15. TAX FILINGS. All federal, state and local tax returns required to be filed by the parties have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of limitations on the assessment or collection of any tax. IS.A. In the event that there be any deficiencies in state or federal income taxes, including penalties and interest, related to the joint income tax returns of the parties for years prior to tax year 2004 (the year of the divorce decree), it is agreed that the parties shall be proportionately entitled to any refund due to the parties for those years. Accordingly, the parties shall be proportionately responsible for the payment of any and all costs of defending the parties against any asserted deficiencies, or of prosecuting any refund claim. Both parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. 16. ALIMONY. HUSBAND shall pay to WIFE the sum offorty-two (42%) percent of his gross monthly military retirement. WIFE shall also be entitled to forty-two (42%) percent of any cost of living increases. The forty-two (42%) percent figure represents the equivalent of fifty-five (55%) percent of the marital portion of the retirement. The parties were married for 206 months 6 . ~ ; I --' of HUSBAND's total 266 months of service, or seventy-seven (77%) percent of his total service time. The alimony payment represents fifty-five (55%) percent of the marital portion (seventy-seven (77%) percent) of his gross monthly amount. !tis the parties' intention that WIFE's alimony be paid directly to her by the military as a gross monthly amount, from which she will be responsible for the payment of any and all taxes due. Likewise, HUSBAND's gross monthly retirement shall be reduced by the amount paid to WIFE. The parties hereby specifically agree that this alimony provision is non- m0difiable for such time as HUSBAND continues to receive a military retirement benefit. The payment provisions hereof have been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and were agreed to by the parties with the specific understanding that neither the amount nor the duration thereof shall be subject to modification for any reasons, including material changes in financial circumstances, employment status or marital status of either party. The understanding was an inducement and condition precedent to the execution of the overall Agreement. 17. LIFE INSURANCE. For so long as HUSBAND is able to do so at no cost to himself, he hereby agrees to designate WIFE as the irrevocable primary beneficiary on a life insurance policy insuring the life of HUSBAND as provided by his employer. In the event that such life insurance policy ceases to be available to HUSBAND at no cost through his employer, WIFE may elect to pay any premium necessary to keep the policy in effect. 18. SPOUSAL SUPPORT. The parties aclmowledge that HUSBAND is currently paying spousal support in the amount of $600.00 per month through the Cumberland County Domestic Relations Office. The parties agree that said payments shall cease effective on the date of this Agreement, at which time said Order shall terminate. Upon execution of this agreement, WIFE shall immediately file a Petition to Terminate the spousal support order. Any payment(s) made by HUSBAND after that date, not on arrears on the account, shall be deducted from HUSBAND's obligation to WIFE pursuant to Paragraph 16 hereof. In the event WIFE receives spousal support payments pursuant 7 ,~ , . ~- - .;; ~ ~ . J 1--. "-:",'. , _:":~'~J to the Domestic Relations Order currently in effect after the date of this Agreement, she shall reimburse HUSBAND for the amount of such payments. As of the date of execution, WIFE shall not be entitled to make any other Claims for, and expressly waives her right to, any support, alimonypellde~te iit~- ~i~~ai~t~~c~fr~~HUSBAND, except that WIFE shall be entitled to any and all arrears which may be due and owing to her as of the date of execution. 19. REPRESENTATION BY COUNSEL. The parties acknowledge that both have sought or have had the opportunity to seek independent legal counsel. The parties further acknowledge that WIFE is represented by C. Doran Vance, Jr., Esquire and HUSBAND is represented by Kathy M. Shughart, Esquire. Both parties have had every opportunity to consult with their own counsel, be advised by them and review in detail the contents of this Agreement before its execution. The parties, after consultation with their respective counsel, are satisfied with the distribution of the assets as set forth in this Agreement and that it is fair and eqiihabie.'''"^h'''''''''''''''''''' -' -' 20. COUNSEL FEES. Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation ofthis Agreement or otherwise 21. TAX ADVICE. Both parties hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they hiiveoeenaaVlsea:;b)/llieifiespective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8 I ,_ c_',.' =. ',; I" ., .', "&'ij, 22. COUNSEL FEES. Each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise. 23. BANKRUPTCY. It is hereby understood and agreed by a1id between the parties hereto that HUSBAND's agreement for payments following the date of execution ofthis Agreement shall not be affected by any bankruptcy proceeding instituted by or against HUSBAND voluntarily or involuntarily, and should not be deemed to constitute or be dischargeable debt of a bankrupt. HUSBAND further warrants that he has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him which have been initiated by others. 24. DIVORCE. Both parties hereby express their agreement that the marriage is in;etrievably broken and express their intent to execute any and all Affidavits, Waivers, or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to eqnitable distribution of property ofthe parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 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 of such breach or seek such other remedies as maybe available to him or her, and the party breaching this Agreement shall be responsible for payment oflegal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. FINANCIAL DOCUMENT DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although they have been advised that it is their legal right to have such disclosures prior to entering into this Agreement. By executing this Agreement, the parties hereby acknowledge their satisfaction with the information presently available to them and agree not to use non-disclosure as a basis to 9 '" I r. im'. ,'.!._,,' j,' ,_ v" '''"' overturn this Agreement. 27. EXECUTION OF DOCUMENTS. Both parties hereby agree to execute any documents required to implement this Agreement. 28. ADDlnONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be effected by their subsequent reconciliation or resumption of marital relations unless the parties otherwise specifically agree in writing. 30. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 31. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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. 32. PARTIAL INVALIDITY. If any provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 33. VOLUNTARY EXECUTION. The parties hereby acknowledge that this Agreement is fair and equitable and that it is entered into freely and voluntarily, and that it is not the result of any duress or undue influence. 34. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purposes of enforcement of any of the provisions thereof. 10 : I > -4',> 35. APPLICABLE lAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 36. BINDING EFFECT. Except as otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, executors, or administrators of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS: e. I>2f.= c Ocf&.- ~7J~z?/.(,- DavidL.~ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBE AND On this, the day of , 2004, before me, the undersigned officer, a Notary blic in and for said County tate, personally appeared DIANA C. ZOELLER, known to me satisfactorily prov be the person whose name is subscribed to the within instrument, and owledged e above Marital Settlement Agreement to be her voluntary act and deed. IN WITNESS WHEREOF, I have h 11 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN i,1 ,n. r. ~ 0>"', On this, the day of , 2004, before me, the undersigned officer, a No Public in and for said and State, personally appeared DAVID L. ZOELLER, known to e or satisfactori roven to be the person whose name is subscribed to the within instrument, ackno edged the above Marital Settlement Agreement to be his voluntary act and deed. IN WITNESS WHEREOF, I 12 ~~' ~"'~~~,",ml,t~IP~;ij~~-tf.ilJL~":~n;,,fr'~'J1i'~'~';MiI"'lW~'W.>'iiflild!!>J~& "'7~ ""'-"--'lo_J ~ m.. :I ~j () ~:; 0 c....,: <:':7"'~ -n .,b.;'~ .-l "T fl1~ -0 m (,'1,,) ~PY ::,~() ~~ 6=:Ji -' 0',,,0 .'5'" :::vt ~~'" ~,.- ":,.., <..l'! :< ?'5 ~ '~ ~, i _'. ,~.' _"n ;.1, -;, ","', ,.: ,- :",,,-,,,,.-. ~.-. -':,,";' ,-~~\~\,;:: ." -'~. . , DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1785 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this o:.~/Y\d- day o~ ~, 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated July 1, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~udith F. Dolgos Attorney for Plaintiff .J. vRathy M. Shughart Attorney for Defendant .<.Ii. "'~r' oJ" ..,~ ',~lffil~~ll!~iM~im~J!k:~~-:l'I'l;1ti-"'i!I!illfj~"'~-/''''~''."''"~. ,AJi\!r:'" ',",:n:] ? [] ;! J U~~ "':1.., '''''"" (" (. ci .j\. l)nn7 ~,,'; vlJ<.. AiNL~lJ);:;b?i~~_!rjll :10 -' -", '.-.' .." ","'.""," '~".'.-' .'^.'" .,'"^-,. t!-5 /2.;W '.' '.~ '. - . ," ""' ,-".,,, . -_. IIliWtW~"" ~ - > . ],',,1 . "",' ....-...k MARITAL SETTLEMENT AGREEMENT TIllS AGREE""" i; mM"hi; I doyof J ~ ' 2004, by and between DIANA C. ZOELLER. of Camp Hill. Cumberland unty. Pennsylvania. hereinafter referred to as "\V1FE" and DAVID L. ZOELLER. of Harrisburg, Dauphin County. Pennsylvania. hereinafter referred to as "HUSBAND." WHEREAS, the parties were married on September 18, 1976: and WHEREAS, the parties' children are now adults; and WHEREAS. in consequence of disputes and unhappy differences. the parties have separated and are now and for some time have been living apartJrom each other and since their separation. have agreed to live separately and apart during the rest of their lives; and WHEREAS. the parties desire to contirm their separation and make arrangements in connection therewith. including the settlement of their property rights. the support and maintenance of the WIFE. and any other rights and obligations growing out of the marriage relationship. IT IS THEREFORE AGREED by and between the parties that: 1. CONSIDERATION. The consideration for this Agreement is the mutual promises and agreements herein cantained. 2. SEP ARA TION. It shall be lawfulJo.r e<lcb party.at all times hereafter to live separate and apart from the other party at such place or places as he ar she may from time to time choose or deem fit. 3. NO INTERFERENCE. Each party shall be free from interference, authority and cantrol, direct ar indirect, by the ather as fully as if he or she were single and unmarried. Neither shall molest the ather, nar compel, nor endeavar to. campel the ather to cahabit or dwell with him or her. 4. DIVISION OF MARITAL At~ PERSONAL PROPERTY. Except as otherwise set forth in this Agreement, the parties hereto. agree that the marital property and personal property of the parties has been divided to. their mutual satisfaction. The ,. .~" . "- .~ , "-- ~,~ ."~,~, parties agree that they shall retain all personal property in their respective possession and waive all rights as to marital property and personal property in the possession of the other spouse as of the date of the execution of this Agreement. The parties further agree that the savings bonds in the name of their grandson and currently in the possession of WIFE, shall be physically given to the parents of the child "vithin ten days of the date of this Agreement. 5. RELEASE OF INTEREST IN SEPARATE ASSETS. The parties hereto agree to waive any and all right to claim any..interest.or.share in the. separate assets retained by the other spouse. This waiver and release specifically includes any interest in each other's pension, employee benefits. life insurance, business interests, and any and all other separate assets. 6. WAIVER OF CLAIMS AGAINST ESTATES AND MUTUAL RELEASE. Each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or may hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship including, without limitation, dower, thirds, courtesy, allowance, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of the other,.rightto act.as admlnistra1orJexecutor of the other's estate, and each party will at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, a1imoIlY .Pt;ndep,t~ lite,J;quit,ap!edistrjbution of marital property, counsel fees or expenses. Each of the parties hereto, for himself or herself, his or her executors, 2 " ._~ II , ',~ ~"' "'~'",''''M''''''- ", _'" ~'."imlt' administrators, or assigns, does remise, release. quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, action causes of action, or suits at law, or in equity, of any kind or nature, for or because of any. matter or thing done. omitted or suffered to be done by said other party prior to and including the date hereof. 7., AFTER-ACOUlRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her 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. 8. WIFE'S RETIREMENT ACCOUNTS. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusiv.e property.. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. HUSBAND further waives any interest he might have in any and all of WIFE's Individual Retirement Accounts (IRA) currently in her name. 9. HUSBAND'S RETIREMENT AND PENSION BENEFITS. 9.A. HUSBAND is presently emplpyed by. the CQmmonwealth of Pennsylvania. As an employee of the Commonwealth, he is entitled to certain benefits upon retirement. As part of the equitable distribution of property arising out of the marital relationship between HUSBAND and WIFE, HUSBAND agrees that upon his retirement, WIFE shall be entitled to receive fifty-five percent of the marital portion of HUSBAND's retirement. The parties further agree that the marital portion of HUSBAND's retirement shall be based upon a coverture fraction of 5.6 years as the 3 " . ~~ i I "-"- " '""Jd::'i numerator over the denominator of the total years of service. plus any accrued interest from November I, 2000 until the date of transfer. The parties agree that the transfer to Vv lFE shall be made pursuant to a Qualified Domestic Order (hereinafter referred to as "QDRO"'). The form of the Order is to be set forth in a Stipulation which will be signed by both parties subject to the prior approval of their respective counsel. The Order shall be.entered by Stipulation within ninety (90) days of the execution of this Agreement. Furthermore, after the transfer to VvlFE has been made pursuant to this paragraph, all remaining benefits in HUSBAND's retirement account shall become HUSBAND's sole and separate property. 9.B. HUSBAND was previously employed by the United. States Army from which he currently receives a pension. WIFE hereby waives her right to equitable distribution of HUSBAND's military retirement. 10. MOTOR VEHICLES. The parties agree that WIFE shall become the sole owner of the 1992 Honda Accord encumbered by a loan through American General. WIFE shall be solely and fully responsible for the payment of this loan. HUSBAND shall become the sole owner of the 1998 Ford Escort encumbered by a loan through AlIFirst Bank. HUSBAND shall be solely and fully responsible for the payment of this loan. The parties agree that they will hold each other free and harmless from any and all liability as a result of ownership of these vehicles or as a result of their liability for their respective car loans. . . ','. , ..,.. .... 11. ACCOUNTS. The parties acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. They further agree that any and all joint checking and savings accounts have previously been divided to their satisfaction. WIFE further waives any interest she might have in any and all of HUSBAND's Deferred Compensation Account currently in his name. 12. PARTIES' DEBTS. The parties represent and warrant to each other that since separation, they have not incurred any debts or.made any contracts,. other than those listed 4 <' , 1 , -~~ - ! I , ~. J-,"' . ~ ".'lllt:tr",," herein. and in the future they \\ill not incur any debts or make any contracts for which the other shall be held liable. The panies funher agree that they will each remain responsible for any and all debt currently in their O\\TI name, of any nature whatsoever, even if not indicated herein. The parties shall hold each other harmless for any liability which may arise as a result of the late or non-payment of the debt for which they are hereafter responsible. The parties acknowledge that I:l.1JSBAPJI)ha~ paid joint debt since the time of the parties separation. HUSBAND agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the Citifiancial account and the Fleet account. WIFE agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the First VISA account. 13. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the second marriage for both HUSBAND and WIFE; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited too medical, retirement, insurance or other benefits; the contribution or dissipation of each property, including the contribution of each spouse as a homemaker and caretaker of the children; the value of the property set apart to each party; the shared responsibility for all of the debts of the parties; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under the Agreement shall be in full satisfaction of all marital rights of the parties. 14. INTENDED TAX CONSEOUENCES. By this Agreement, the parties have " .' . "" ~ ,; I - ~ ' ""_.s. -'-" '"""~ )~! intended to effectuate an equal division of their marital property in accordance \vith the Pennsylvania laws pertaining to divorce and equitable distribution. The parties have detennined that such equitable division confonns to a right and just standard with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting the marital estate. As a part of the equitable division of the marital properties and the marital settlement herein contained, the parties agree to hold each other free and harmless from all income ta'(es assessed against the other resulting from the division of the property as herein provided. 15. TAX FILINGS. All federal, state and local tax returns required to be filed by the parties have been filed, and all federal, state and local taxes required to be paid with . .... .,.'" .,", . ", respect to the periods covered by the returns have been paid. Neither party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of limitations on the assessment or collection of any tax. IS.A. In the event that there be any deficiencies in state or federal income taxes. including penalties and interest, related to the joint income ta'( returns of the parties for years prior to tax year 2004 (the year of the divorce decree), it is agreed that the parties shall be proportionately entitled to any refund due to the parties for those years. Accordingly, the parties shall be proportionately responsible for the payment of any and all costs of defending the parties against any asserted deficiencies, or of prosecuting any . . ','. . ,.... ,."... refund claim. Both parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. 16. ALIMONY. HUSBAND shall pay to WIFE the sum of forty-two (42%) percent of his gross monthly military retirement. WIFE shall also be entitled to forty-two (42%) percent of any cost of living increases. The forty-two (42%) percent figure represents the equivalent of fifty-five (55%) percent of the marital portion of the retirement. The parties were married for 206 months 6 " "11i of HUSBAND's total 266 months of service. or seventy-seven (77%) percent of his total service time. The alimony payment represents fifty-five (55%) percent of the marital portion (seventy-seven (77%) percent) of his gross monthly amount. It is the parties' intention that \\t1FE's alimony be paid directly to her by the military as a gross monthly amount. from which she "ill be responsible for the payment of any and all taxes due. Likewise, HUSBAND's gross monthly retirement shall be reduced by the amount paid to WIFE. The parties hereby specifically agree that this alimony provision is non- modifiable for such time as HUSBAND coniinues to receive' amiiiiary retirement benefit. The payment provisions hereof have been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and were agreed to by the parties with the specific understanding that neither the amount nor the duration thereof shall be subject to modification for any reasons, including material changes in financial circumstances, employment status or marital status of either party. The understanding was an inducement and condition precedent to the execution of the overall Agreement. 17. LIFE INSURANCE. For so long as HUSBAND is able to do so at no cost to himself, he hereby agrees to designate WIFE as the irrevocable primary beneficiary on a life insurance policy insuring the life of HUSBAND"as'provided by his employer. In the event that such life insurance policy ceases to be available to HUSBAND at no cost through his employer, WIFE may elect to pay any premium necessary to keep the policy in effect. 18. SPOUSAL SUPPORT. The parties acknowledge that HUSBAND is currently paying spousal support in the amount of $600.00 per month through the Cumberland County Domestic Relations Office. The parties agree that said payments shall cease effective on the date ofthis Agreement, at which time said Order shall terminate. Upon execution of this agreement, WIFE shall immediately file a Petition to Terminate the spousal support order. Any payment(s) made by HUSBAND after that date, not on arrears on the account, shall be deducted'frbiliHUSBANDYobligatioi1foWIFE pursuant to Paragraph 16 hereof. In the event WIFE receives spousal support payments pursuant 7 . ~, " ,-c. ,-. ~ -, tl"! to the Domestic Relations Order currently in effect after the date of this Agreement. she shall reimburse HUSBAND for the amount of such payments. As of the date of execution, \v lFE shall not be entitled to make any other claims for, and expressly waives . '.'. . .... ..", her right to, any support, alimony pendente lite or maintenance from HUSBAt'lD, except that WIFE shall be entitled to anv and all arrears which mav be due and owing to her as "' '" .. ... of the date of execution. 19. REPRESENT A nON BY COUNSEL. The parties acknowledge that both have sought or have had the opportunity to seek independent legal counsel. The parties further acknowledge that WIFE is represented by Judith F. Dolgos, Esquire and HUSBAND is represented by Kathy M. Shughart, Esquire. Both parties have had every opportunity to consult with their own counsel. be advised by them and review in detail the contents of this Agreement before its execution. The parties, after consultation with their respective counsel, are satisfied with the distribution of the assets as set forth in this Agreement and that it is fair and equitable. 20. COUNSEL FEES. Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise 21. TAX ADVICE. Both parties hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, ta,< advisor, or tax attorney with reference to the tax implications of this Agreement. Further neither party has been given any ta,< advice whatsoever by their respective attorneys. Further . . .... .. ...... .... ",. . ". .' both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent ta,< advice by retaining an accountant, certified public accountant, ta'< attorney or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8 .' 'U , I -;.., '" - - '~ ''" ~"-;'o;<,. 22. COUNSEL FEES. Each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection \,ith the divorce proceeding and the negotiation of this Agreement or othemise. 23. BANKRUPTCY. It is hereby understood and agreed by and between the parties hereto that HUSBAND's agreement for payments following the date of execution of this Agreement shall not be affected by any bankruptcy proceeding instituted by or against HUSBAND voluntarily or involuntarily, and should not be deemed to constitute or be dischargeable debt of a bankrupt. HUSBAND further warrants that he has not heretofore instituted any proceedings pursuant to the. bankruptcy, laws nor are there any such proceedings pending with respect to him which have been initiated by others. 24. DIVORCE. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers. or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, . . .,.. . .... ..' .' 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 of such breach or seek such other remedies as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. FINANCIAL DOCUMENT DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although they have been advised that it is their legal right to have such disclosures prior to entering into this Agreement. By executing this Agreement, the parties hereby acknowledge their satisfaction with the information presently available to them and <igree no.t.t9.U:;~ !lon~disclosure as a basis to 9 . I ,; 1- . ," -';',.J~" ,_J ~, _'J.. overturn this Agreement. 27. EXECUTION OF DOCLTMENTS. Both panies hereby agree to execute any documents required to implement this Agreement. 28. ADDITIONAL INSTRUMENTS. Each of the parties shall. from time to time. at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably' required to give"tbll fotceand effect to the provisions of this Agreement. 29. SUBSEOUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be effected by their subsequent reconciliation or resumption of marital relations unless the parties otherwise specifically agree in writing. 30. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations. warranties. covenants or undertakings other than those expressly set forth herein. 31. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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: 32. PARTIAL INV ALInITY. Ifany provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 33. VOLUNTARY EXECUTION. The parties hereby acknowledge that this Agreement is fair and equitable and that it is entered into freely and voluntarily, and that it is not the result of any duress or undue influence. 34. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this. Agreement .shaH be incorporated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purposes of enforcement of any of the provisions thereof. 10 " "....d..;k 35. A PPUC ABLE I.A W. This Agrlltlment shall be cor.slrued in accordance with the laws of the Co=onweaJth ofPennsyivania. 36. Bn."DING EFFF.CT. Except as otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, executor;;, or administrators orthe parti~s. L"f WITNESS WHEREOF, the parties hereto have set their hands and s~15 the date md year fin.'t above written. WITNESS: ~d':i ~~~ l'tness ... ,/,1 / v ~" I )~\~!- Wi Iness I ~;z,.~ (? ~oc:t/~ ~ C. zoellerJ ~~-a-- David : Zoell ACKNOWT .EOGMENT COMMONWEALIH OF PENNSYL V ANlA ' COUNTY OF ~~JU'1J D CW-f~ ~~~ I ~~ ,~~~~ the undersigned officer, a Notary Public in an or said' ounty and St:lte, personally appeared DrAl-lA C. ZOELLER, known to me or satisfactorily proven to ~ the person whose name is subscf\bed to the within instrUD1ent, and acknowledged the .bove Marital Settlement Agreement to b. lter voluntary act and deed. IN WITNESS WHEREOF, r have herewloo sel my hand and seal. (}t7/~4l / ~~ Notary Public I Oebolah L ~SeaI ' ~S109tara~, ~~ CommIiiIiciit EXPtIllS Nov. $, 2004 ~~ . , "",,. ,*" III NoIIno. 11 ACK'I;OWLEDG:\IE"'T u .'-",,,- ~ l~: COMMONWEALTH OF PE1'<'NSYL VANIA COUNTY OF DAUPHIN On this. the g ,...~ day of J l. l~.------ . 2004. before me. th" undersigned officer. a Notary Publi~ in and for said Cou ty and State. personally appeared DAVID L. ZOELLER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument. and acknowledged the above Marital Settlement Agreement to be his voluntary act and deed. IN WITNESS WHEREOF, I havehereunto set'myhiuidand seal. ')1/c(t"n Notary Public IlEUIIIA A. POUNG; NOTARY PU8UC towER PAXTON lWP..DAIlPIlINCOUNlY I 12 ) f '/ /-1,,'1 i f', ," ~ ~=- : I ~~-:';"""'ij;.i DIANA ZOELLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01 - 1785 CML TERM : Civil Action - Law DAVID LEE ZOELLER, Defendant : Divorce , ,.",,,.,.~,.. .~,. .;""'~"''','''.''N...,..,'.'''~''~''''''.,. 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) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service of Complaint on or about April 2, 2001, filed October 4,2004. 3. (a) Date of execution of the affidavit of consent required by Section . ,. ., "~,,, .~ "'" .",.;" ~c, "'" ~....,,,~~ "'P",~, ",.,. "',',"" ,''-'_"" '", . 3301(c) of the Divorce Code: by the Plaintiff on July 1,2004; by the Defendant on July 9, 2004. 4. Related claims pending: All related claims were resolved by the Marital Settlement Agreement dated November 3, 2004. . 5. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 9, 2004. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 12, 2004. DATE: November 10,2004 Kath M. Shughart, E "'"27S'outTi'Ailene'Street ", Post Office Box 6315 Harrisburg, PA 17112 (717) 540-8511 ~~'_;~"" ~_il&B!eYi;';WIililW$!~~/$~tii~,'ilt$t;:iMt~~I~~_J.1i"'~"' --"~j' --'t" g e5 ~t .~~ -- . "~ ',-'. "~,-,,;," . ~ .='~h, .~, -1' W~~~--"-~'-,"'l"~ I "i " !~ rl 'I II " :1 I' II II () "-> "", 0 C' <.':',.';:;1 ?~: ..,.. .>n IT ....,,"" :.::j ~."' i: c_, .J. .'C- """::::: rn.:n ,- e -om .' , :uO e..1 0;) ~~ , J::'"" ('"", :Jr: ~;~. .r.~~ ..., .,~~ .,1..'. -, :D <.11 ~. .~ ",f--": -_l' ... . ~-....:....I -j'., ,..,' ~., , ! i ~ ~, , . DIANA ZOELLER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: Dl - I'1J'S (JU'J ~~ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS DAVID LEE ZOELLER, Defendant 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 Office of the prothonotary, Domestic Relations Section, Dauphin County Courthouse, Harrisburg, 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717240-6300 ith F. Dolgos, Esquire Pa. Supreme Court ID # 68738 PO Box 60809 Harrisburg, PA 17106-0809 717 541-9660 Attorney for Plaintiff . ., "~ ,I ~~,'" ~ ,.. . DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: (J i- /""710' DAVID LEE ZOELLER, Defendant CIVIL ACTION. LAW IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301 (C) OF THE DIVORCE CODE ANq III,QW comes plaintiff, Diana Zoeller, by and through his attorney, Judith F. Dolgos, Esquire, aild seeks to obtain a Decree in Divorce from the above-named Defendant, David Lee Zoeller, upon the grounds hereinafter set forth. 1. Plaintiff, Diana Zoeller, is an adult individual residing at 1471 Hillcrest Court, Apartment 703, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Plaintiff's Social Security Number is 523-78-3191. 3. Deflmdant, David Zoeller, is an adult individual residing at 436 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. Defendant's Social Security Number is 049-44-1999. 5. Plaintiff and Defendant are bona fide resident in the Commonwealth at least six months immediately previous to the filing of this Complaint. 6. Plaintiff and Defendant were married September 18, 1976. 7. Neither of the parties in this action is presently a member of the Armed Services of the United States. 8. Plaintiff and Defendant are citizens of the United States. ,. '- 'dl - L. ~-- - 9. There have been no prior actions for divorce or for annulment between the parties. 10. The parties have been living separate and apart since November 1, 2000. 11. The marriage is irretrievably broken. 12. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court requires that parties to participate in counseling. 13. The Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301 (c) of the Divorce Code. WHEREFORE, Plaintiff prays your Honorable Court to enter an Order dissolving the marriage between the parties. COUNT 1: EQUITABLE DISTRIBUTION 14. Paragraphs one through thirteen, inclusive, of this Complaint are incorporated herein by reference thereto. 15. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deem just after consideration of all relevant factors. WHEREFORE. Plaintiff prays your honorable Court enter an Order of equitable distribution of marital property pursuant to the Divorce Code. Respectfully submitted, Date: l'l)o..A..Lh It/J J../JD/ By: i F. Dolgos, Esquire /Ii. rney ID # 68738 Attorney for Plaintiff PO Box 60809 Harrisburg, PA 17106-0809 717 541-9660 , 'I ,,,--,'- .'< ,,~~,. DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v No: 01.1785 CIVIL TERM DAIVD LEE ZOELLER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under t, 3301 (c) of the Divorce Code was files on March 27,2001. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety 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. 4. 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. t, 4904 relating to unsworn falsification to authorities. Date: Uatf 0 2oof? ELfC/o-- ii.~~~'; ~;..~< ~~lilii'r ^ w " =""11i*r''1 ~-,j~",0'~-,['hfi;-"-'<illi,-"<tj'~rn;o;;,-Th~j~~,,,~MliI~"'''''''''''''' t;:!.~- ~: ,~-- ~-<-"". ~ ~~,.," "~ llIiiUllll"" , ,~,. '~1~~''''"~ ~~.'~ ",'..~'- ",' -~- "%' n ~ = 0 C = -n ~: J:'" ....'. <..- ...... d)t: c: ::r: m::D "'----."-' r- ,.... -;!-" : -otj (,~>;-. - :r1 - ~6 - ,-, j"f-- ...... ,~ ~8 -.- -.i :1:'" O:D :Jl: -70 Pc Cf? Om Z ~ ::<I .n ol:" -< - I - , ,I .11 "---." -'> J.~JiIliiodiii:_~ DIANA ZOELLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01 - 1785 CIVIL TERM : Civil Action - Law DAVID LEE ZOELLER, Defendant , , ".... ...' ..,." .,.,~-. ",.' "",. '.- ',~, : Divorce AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on March 27,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe 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 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify 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. Section 4904 relating to unsworn falsification to authoriti~s: ..'.. '.. , .,. Date: 7- '7- {) 'f ~~;';';~""li)ll!!I:'liJlil:l!iliim.illl'l.\i'iel~oj,'m",;;;J;'!'.@'-ii"~L1lM\lhH'~-H0.,-!:'a;;,1!J;fu%:0;tt1~~~1WA,i!~ililiiil' .., ~ ,_.. '" ,-,. ^'~" ~~-, " ~" -~ -<' -----iM. ~~~~,!j 'I Ii i: [I 'I I' \1 'I i I I ~1IIliII1iiIIMi" 0 ,..., 0 = C = .., s: .:- , =? ......ue':} c: q;J ~:~~ -:0 r- m,- ZC.- -om U),,}-~~ N :ny -<"c S6 ~\::~' -0 =-1::n ?,';r, ::J!: o-~ 7-",~ 20 ~~(--.. -rn >c: C:t q ._, :z: :> -;I :::g -, en ~ , ~ ,,,~ 1, , ,;,1 :;'-i , DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v DAIVD LEE ZOELLER, Defendant No: 01.1785 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER Of NOTICE OF INTENTION! TO REQUEST ENTRY OF DIVORCE DE~REE, UNDER l; 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 I do not claim them before a divorce is granted. 3. :'~,understand tfiilt 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 (:orrllct. I understand that false statements herein are made subject to the penalties of 18 Pa. '(;.S. ,1; 4904 relating to unsworn falsification to authorities. ;,;,,' .' Date: -:/ td<;t ;: 20ry/ U )~~~ftlW~...1'~""ij~~~~jjlfujM;~,,~g;;;:;"'1~J~).'lO!~"'I!t-""llill'$1i<M~.lItR~.1~'i1li' d5" ;2;/-? "--, 'r-i' ~~ - ~'I' (") ......, ~ = C = .r- .'-',.. -I ~:-JG.' t.... .,.. ~!I-'~-' c: n;::!J :-~.:::r r .- ::-;::C^ -o,m ~~~ ;~: ~ i:36 - r::c:', :.:t-r-; '-, :P (5 :ll ~8 ::::; '7'0 ~-rn S'-? s::: ~ .:-( ')':,. ~n ~' -< , .s:- . - J 1,1 '~-'-' ll-i;,. DIANA ZOELLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01 - 1785 CIVIL TERM : Civil Action - Law : Divorce DAVID LEE ZOELLER, Defendant 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 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 veritY 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. section 4904 relating to unsworn falsification to authorities. ' Date: ~- 'l.,--6Y' ~~? ;:,// David Lee oell , Defendant \iJ~'Ii~~1~itiJf<;&llIt~il41!..-i-~'~.Il:~!ifig..i",~.ft.j.[;fl@3~iM,ii;;,OO!JiiIt'~~:iiw~:jI'" ',,"""'.,.,....:'- ".':'Wc~....' ~~~~,.:;" ~ lllIIIdll r ._~ .;'1 :1 il :J ~ i I . (') ,..., = 0 C => '"11 ~-- .r- ~ffi L .-1 c:: :::r:...,.., n' . ,..... 'P 7~r. :81:p V5~!::: N -<". 9,Q ~~~ "'0 ::r: "':-i ::;); 0""':'" .:.::' ;~..:.. /,,0 5>C ca Om Z 0;:' =2 ~ TJ 0'"\ -< , DIANA ZOELLER, Plaintiff v. DAVID LEE ZOELLER, , Defendant ; I "" ~ '", : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01-1785 CIVIL TERM : 'CiviIXction='Law" ... ." .... .,., : Divorce ACCEPTANCE OF SERVICE I hereby acknowledge that I, Defendant, David Lee Zoeller, accepted service of the Complaint filed in the above-captioned Divorce on or about April 2, 2001. , . ..,,>,.. ... .~.,",,,..,,, ~".,-.. -~.'"'-.., ~~,,"., "-."..,'~ '.~,",,, "..' ',., " . ~~~,~@!.j)ji>i",'~,;;,ji.~lll%ii\~'-'il~,iffirjl~~~~~~l"~''''~[!JTI _.~_. - - ~ &, "~>' ..";' G}~ ~. '~~.i.ll.JWMll!li"; "-'=:".. -. .' -"'.; ,-., = 0 = -n ..... <::> ...; ("') :r.::rJ m -oj .Or:;:; I ~XJy .1.- 0, ;:;; .J .'U ;1-:;:1 ::i: :~:o (~ f:irn .:::, N ?; .'- N -< , , DI~ZOELLER ;.U ,'. ".," Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW 01 - 1785 NO. CIVIL 19 DAVID LEE ZOELLER DATE: '3 - ~/ ~/O* 6/~/ft ----- ,?fD IV Q(Z-z.(6<f IN DIVORCE Defendant STATUS SHEET ACTIVITIES: .t'\.\,' J.A ~ - ~~~ ~~ rf>Wx Cvvf~~ ~~t ~G,?-b / Oi kt q '.00 0.. tVl , fy c~ I{tr'\;'" ",,^",~v...o.v , ,.~tv.l~~~~ ~ t...v- ~/^ 61f)lu1 UL! : ~IL - ' .t.L____ ""'" "i - ;,-.1 --,-'.i.., ':.I-',~ . ',.- >Jlihi0,' , DIANA ZOELLER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1785 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE TO: Judith F. Dolgos , Attorney for Plaintiff Kathy M. Shughart , Defendant for Defendant DATE: Tuesday, August 19, 2003 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. .1 ~--"';' '."~,,-; , ~,: , (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. . : I __."1'_ _. '''':'! . '. '-'~~' ~"'''"-''~'''' ,~-..-." ~",.,-,~.., ~~,.-, ,-~-,..."..._,~-"".,", .,-, -~. . Xathy 3\1. Shughart Attorney at law 27 South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 Phone: (717) 540-8511 Fax: (717) 671-9601 September 21,2004 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 .' ." ,...~. ','",..r.''''' ,,'_,~_.. __,~V""" _,,_ ..,."__...~..."_.",,, _.0- j '.~_.' _ . RE: Zoeller v. Zoeller No. 01-1785 Dear Mr. Elicker: Enclosed please find two copies of the Marital Settlement Agreement which was signed by the parties in the Zoeller case on July 1,2004. I understand that copies have not previously been forwarded to you by plaintiff s attorney. Kindly vacate your appointment so that the divorce may be finalized. Thank you for your cooperation. Cordiall ~~~~ Kath~ M. ShUgh~~ KMS:ccs cc: David Zoeller Judith Dolgos, Esq. . 'j I , -~ -~ , ""~, )~I 7Io~f- DIANA ZOELLER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 -1 798 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE CERTIFICATION I certify the discovery is complete as to the claims for which the Master has been appointed. Date: November 28, 2003 By: ~Jrjht~ Judo F. Dolgos Attorney for the Plaintiff cc: Kathy M. Shughart, Esquire , .,:..;," . . '.I '-J, . . ~/010~~ DIANA ZOELLER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1785 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE TO: Judith F. Dolgos , Attorney for Plaintiff Kathy M. Shughart , Defendant for Defendant DATE: Tuesday, August 19, 2003 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. <'rior to filiny for appointment of Master, the parties had an ir.".: informal agreement not to conduct formal discovery. HawBver in $i light of defendant's serving of interrogatories, plaintif~ has fi filed the same. .- :1 - "~':'-.I ~ "-i, (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Assuming that there is no great suprise in discovery, wew~Qmld complete dicovery on or before October 15. 2003. ~'{I~ DATE FOR PLAIN IFF (;C) 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. . . ; 1.- --..."'"'- .',0 .ic;l ., DIANA ZOELLER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1785 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE TO: Judith F. Dolgos , Attorney for Plaintiff Kathy M. Shughart , Defendant for Defendant DATE: Tuesday, August 19, 2003 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. No discovery has been donducted by either party prior to August 18, 2003. Defendant's Interrogatories directed to Plaintiff were served 0n Plaintiff's counsel via first class mail on August 18, 2003. There is significant debt in this case which must be verified. J.-,,~ -, -;;j . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Assuming a prompt response by Plaintiff to Defendant's Interrogatories that phase should be completed by September 22, 2003. Defendant reserves the right to conduct further discovery, if necessary, based upon Plaintiff's responses. ~, &'21-Q3 DATE Shughart, Esquire ~ FOR PLAINT FF ( ) FOR DEFENDANT (X) 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. i ^-, . ., I"'I-~ ,'..~ ^,~,_,_~-__'_'~ - c>,>- . "-'."_, <",' ~',,: .' '. . DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-1785 Civil Term DAVID LEE ZOELLER, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING A MASTER AND NOW, /J ~ {( appointed master with respect to the following claims: EqUitable Distribution, Alimony, Counsel ,2003, !r~~ , Esquire, is Fees, Costs and Expenses. "'%~,';>~,'F' ", ~~;' Ii!ii .. ... ~fF ~l 'P~ -k ~ ~ t~ ~ ili:U~",h--'<-" ~~iiio1"""'ltl.'~' ""i\kjM.llI:!iltOl!~*^ _~" ~^4 ^ ^, . ~~ .V~"> , .. ~,_~~.. ,._ ~,"._ - ''';;,,-",",'''''''~'" ,.J;o" ~'. ~",'-<. , V!N\i!\lASNN3~. rYl Ul\.!~~.'-' fI" "_!I:,,~':i'>!t,\r, 1\..-1 r '1 ! ; , ~'q., "'. j """ j'1I ? i Qrp1 aU:8 ';!: c.. vJ --!(J "" . .~ , ,,0 , ~ ", , ~' ,'L'- , :.,1 "., ,-,,- .. . -- .. ., , DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-1785 Civil Term DAVID LEE ZOELLER, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Diana Zoeller, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) () (X) () Divorce Annulment Alimony Alimony Pente Ute (X) () (X) (X) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: 1. requested. Discovery is complete as to the c1aim(s) for which the appointment of a master is 2. Esquire. The defendant has appeared in the action by his attorney Kathy M. Shughart, 3. The statutory ground(s) for divorce is irretrievable breakdown. 4. The action is contested with respect to equitable distribution, alimony, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Date: ~~2t)e?..:J By: J~~ Attorney for the Plai ntiff ID 68738 PO Box 60809 Harrisburg, PA 1 7106-0809 (717)541-9660 .. DIANA ZOELLER, Plaintiff v. DAVID LEE ZOELLER, Defendant _'I ~ ':1 ." ,~ -;" ,'., . i .. , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-178S Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE Judith F. Dolgos, Esquire, attorney for Diana Zoeller, hereby certify that I have served the foregoing Motion for Appointment of Master, by placing a true and correct copy of the same in the U 5 Mail, First Class, postage pre-paid addressed as follows: Date: ~l; Z{I().J Kathy M. Shughart, esquire South Arlene Street PO Box Harrisburg, PA 17112-6315 By: ~'-tK.i:il rr d2 .0.- J h F. Dolgos F ttorney for the Plaintiff ID 68738 PO Box 60809 Harrisburg, PA 17106-0809 (717)541-9660 .Jii!l I, '-: :; ,~ ~i, ,-; ',--~ t .-"~ ~~~ . ---,-.~ , . "~~'" ~- h" ~,/'----"" '"~" "-";'1I!_iiiliMII.jwmlfIli!Jf-',"'~~ ~ , " .' "~~ I' ..'~. ~,~-"" " -" " . _. "T>''',,~ 4 " ."--' ~ ,~ 6, .;-._,_>,-, "-' .".' ., / -"".",....~. .~ ~ c) C ,- 5- '::"" -0 t' " -I~- rn r " 7 , Z l ., r' \"..' Cf"" ) (~ -< .~ ~C) '"0 :-;::!-ri :P'C" .,.,. ~'-';) :!J :z " :eye") -{-', w (~)m PC: Z ~ :<! (jI ~ , "~ ". I L ~ ~~_ </,,) ~~' it i I DIA~A ZOELLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY. PEl'<'NSYl VANIA : NO: 01 -1785 CIVIL TER.\I DAVID LEE ZOELLER, Defendant : Civil Action - Law : Divorce INVENTORY OF DA VlD LEE ZOELLER Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. C J Date: 7- J () '"113 I'. ~' ,l -I ,'",:,;",', '", ,~, ';,i ... ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) ]. Real property (X) 2. Motor vehicles ( ) 3. Stocks, bouds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) ]0. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) ] 3. Patents, copyrights, inventions, royalties ( ) ]4. Personal property outside the home ( ) 15. Business (list all owners, including percentage ownership, and officer/director positions held by a party with company) ( ) ] 6. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contributions and date plan vests) (X) ] 9. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) (X) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of assets is in dispute) ( ) 26. Other I , ',' I ;,,_';,,'F ,,,,,- "~ ~ MARITAL PROPERTY Item Ownership Possessor Date. Acquisition Separation Present Separation Effecti Description Acquired Value Date Value Value Date Date of Amount Lien/L of Lien 1998 Ford Husband Husband Unknown To be To be $4,000.00 Escort provided provided 1992 Wife Wife Unknown To be To be N/A N/A Honda provided provided Accord LX PHEEA Husband Husband 1995 Unknown Unknown N/A N/A Retirement ARMY Husband Husband 206 Unknown Unknown $1,412.00 N/A N/A Retirement months per month marital . . ~,) " j, I "-"'. ""',. ',-, , ""; , MARITAL DEBTS AND LIABILITIES ( ) Plaintiff ( X ) Defendant lists all liabilities of either or both spouses alone or with any persons as of the date this action was commenced. Item Description! Amount of Debt Amount of Current Debtor Paid By: Creditor at date of Debt Separation AUF irst $12,400.00 $1,800.00 David ZoeUer Husband Washington Mutual $610.00 0 David and Diana Zoeller Husband CitiFinancial $7,573.00 $4,600.00 David Zoeller Husband Fleet $4,312.00 $2,400.00 David ZoeUer Husband Discover $2,103.00 0 David Zoeller Husband Sears $1,778.00 0 David and Diana ZoeUer Husband Spiegel/FCNB $817.00 0 David and Diana Zoeller Husband American Express $2,240.00 0 David Zoeller Husband IRS $4,726.00 0 David and Diana ZoeUer Husband Optima $1,940.00 unknown Diana Zoeller Wife I" USA VISA $6,033.00 unknown Diana Zoeller Wife Lowes $922.27 0 David and Diana Zoeller Wife QVC $1,283.81 unknown David and Diana Zoeller Wife , . , -J,L " ~~. . , =-' " '-'.,.,-, . NON MARITAL PROPERTY DESCRIPTION NAMES DATE OF REASON FOR SEPARATION CURRENT OF PROPERTY OF ALL ACQUISITION EXCLUSION DATE VALUE VALUE OWNERS PHEAA Husband During Post-separation To be provided To be provided retirement Marriage amount Army retirment Husband 60 month pre-separation To be provided To be provided pre-marital amount ~:l!!llli~~;-W~'1h,,"-~bl,,,,b;;l!~fu~0:y,,i"d",,-,.,,~,P',.r';,b'_~~J~,'~'"_""i!:",,~.~~1ld~ '" ._._~ ~ I:.l'~" u K:p .^".~ ,,~"~ lL~ . ~"""'.. (') ~ _s:: _vcr"' ~rri ;;;73:1 er ec~ f;8 -0> ~ --I -< "" '" <0 - o~,. , I; I: I; j j: o w "'" r- G:; I'\) u, 'f? 0-1 -~ i'T-i:J] r- ~Df71 ;;~? ':::-,~io '.r-r o:rf ~"O i') 111 ~ -< ]i ~ 0', 0_ ,,' ~, '--~~" "'.>'~'''''' "'-"'->'"" ~,,,-,,-~ " , "",,^--o.~.j'<^ ,_ ~";;---'~~; .... ~. ~ Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller, Defendant Civil Action- Divorce Divorce INCOME AND EXPENSE STATEMENT OF DIANA ZOELLER Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1-3tJ -03 Date: t INCOME: Employer: Address: Forbes Trucking 185 Newberry Commons # 201 Etters. PA 1 7319 Type of Work: Dock Supervisor Payroll Number: NjA Pay Period: Weekly Gross Pay per Period: $500.00 Itemized Payroll Deductions: Federal Withholding: $ Social Security: Local Wage Tax: State Income Tax: Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: Medicare Net Pay Per Pay Period: 85.00 31.00 5.00 14.00 0.00 0.00 0.00 0.00 0.00 7.25 $ 357.75 Other Income: Spousal Support - $276.92 bi-weekly - EXPENSES WEEKLY RENT MAINTENANCE UTILITIES ELECTRIC GAS OIL TELEPHONE WATER TRASH SEWER EMPLOYMENT PUBLIC TRANSPORTATION LUNCH TAXES REAL ESTATE PERSONAL INCOME $104.00 INSURANCE HOMEOWNERS AUTOMOBILE LIFE ACCIDENT HEALTH OTHER (RENTER) AUTOMOBILE PAYMENT FUEL REPAIRS MEDICAL DOCTOR DENTIST ORTHODONTIST HOSPITAL MEDICINE SPECIAL NEEDS EDUCATION PRIVATE SCHOOL PAROCHIAL SCHOOL COLLEGE RELIGIOUS PERSONAL CLOTHING FOOD BARBER/HAIRDRESSER CREDIT PAYMENTS MEMBERSHIPS -'-'2, MONTHLY YEARLY $745.00 $86.00 $84.00 $1 30.00 $48.00 $20.00 $10.00 $225.00 $55.00 $50.00 $18.00 $20.00 $150.00 $20.00 $80.00 . , .. ,-' """--C"I'~,- ^,~,~','" ,,-,,,,",,-,, -,,'.< _~"",:.;.Io;;"', ~,__c,_ . _"'''",0-, j>o'__-~:;"~J'7,';;',,,,;<.. __','C' .,---~,-,--..~';;'t1 , . LOANS FAST OFFERING AT CHURCH MISCELLANEOUS HOUSEHOLD HELP CHILD CARE PAPERS I BOOKS I MAGAZINES ENTERTAINMENT PAY TV VACATION GIFTS LEGAL FEES CHARITABLE CONTRIBUTIONS OTHER CHILD SUPPORT ALIMONY OTHER CHURCH INTERNET STORAGE TOTAL EXPENSES $104.00 $25.00 $10.00 $36.94 $2S.00 $200.00 $9.95 $38.16 $1,956.05 $1 30.00 ., ",',-,'-,-, '" , ""I 'b~,,"; -. ".,--- n';"", -";";,."-uh,,,;;!of.."'';';'''''' ~,'~ ,;.,,- ''''''''''~i . . , Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David lee Zoeller, Defendant Civil Action- Divorce Divorce CERTIFICATE OF SERVICE I, Judith F. Dolgos, Esquire, attomey for Diana Zoeller, hereby certify that I have served the foregoing Income and Expense Statement by placing a true and correct copy of the same in the U S Mail, First Class, postage pre-paid addressed as follows: Kathy M. Shughart, Esquire P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112 """ ~ 2(HI?> By: ill~;il',~l1ll~$!i;I~lijji!~~~ ~ ~ "tllllilii!,lil!!lli,.,~il,g,\i!lMl'.:.lF~'''l".;jj;.;Jloo~ --- ',< ,~ ,"~ ~ ., ,"-, , -,' ," ~-, "-,, - - '"0 ~~ (/ C <''' -00:' rr11--:-' ~\~ SQ<'. "''::Cl '<'" ~Q -c' ~c: -,0- :::; -( - c::} G:} C) -n -,j c::> '-'J ~ ! 1''0 '~~-~ ~:J " ~j- .J- ~ :: j I.._} '-TI ;':--S ~::!1 ,-<,,;(; :5Srn ~-:-i -- :D -< ~~ -,,,,- ...0 /'...) --.I ~ ~"'I\ Ii .~~ " ~ " " -'. ,. _~, ~ __.,"-'",_"",'~,u ,,"'__. ~""~'__I' -",,, ,",'.,""", ,~,;""':-",,,,,"L~,,,, d.. ~,,,,,,~il."'i ~' Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David lee Zoeller, Defendant Civil Action- Divorce Divorce INVENTORY OF DIANA ZOEllER Plaintiff, Diana Zoeller, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the proceeding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 9-3{) -03 Date: - "". . ~ "'_'" I .0;'_, ,"'",," .. ;'",,, '"sL_W ~"-"'>~' ;,o'';'i";"~,,,,~;:-,,,;--~,':'''"xi'':'''''''"_"'k ",,,,j:"',':; ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. () 1. (X) 2. () 3. () 4. (X) 50 (X) 6. () 7. () 8. (X) 9. () 10. () 11. () 12. () 13. () 14. () 15. () 16. () 17. () 18. (X) 19. () 20. () 21. (X) 22. (X) 23. () 24. (X) 25. () 26. Real Property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance polices (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal Property out the home Business (list all owners, including percentage ownership, and officer/director positions held by party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contributions and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (including as total category and attach itemized list if distribution of assets is in dispute) Other 1. Vehicle Owner/Possessor Date Acquired Acquisition Value Separation date value Present Value Lien at Separation Effective date of Lien 2. Vehicle Owner/Possessor Date Acquired Acquisition Value Separation dale value Present Value Lien at Separation Effective date of Lien ,.~. - '" ,;'" ~ L '" ITEM 2. MOTOR VEHICLES 1992 Honda Wife 1996 $12,600.00 $8,000.00 $2,600.00 $8,000.00 1998 Ford Escort Husband 1998 $4,000.00 ,o_~ ." "-,'L~""I~'_'" '," ,0_;"'.--'. ,-0, ,~Ji--'O<.:.;~,"1i ",,'.... ~!' "lii!i:i i ITEM 5. CHECKING ACCOUNTS. CASH 1. Checking Account: a) PSECU, Acct # 8308116311 b) $500.00 c) $55.93 as of 9/17/03 d) $500.00 2. Cash $25.00 ~c ,'~,"~^- '"~ "';-"M"";~'__'-"'."~ ',", ~"--";l"-I~:<,~",,{.. ",-~'"_"N' _'0 ,-~_ -"'8'.:;;-.;.:,,~,~- -, . '"--d-'~.:,hc.,- ITEM 6 SAVINGS ACCOUNTS 1 . Savings Account: a) PSECU, Acct # 8308116311 b) $3.28 c) $18.01 as of 8-31-03 d) $3.28 1. a) b) c) d) e) f) g) h) i) 2. a) b) c) d) e) f) g) h) i) 3. a) b) c) d) e) f) g) h) i) 4. a) b) c) d) e) f) g) h) i) "0 ."~",,, : ,I " ',;;',;-"",;,;'," ~",.,.' ",:; I~:. Co ..,",- ~':.~h<:",:;,;-;~";:;"-.'~,,,-,F-,~'~,:,,,;-.~_, '.1 -;, "'''/-'',1 ITEM 9. LIFE INSURANCE POLICIES Zurich Kemper, # FK2609649 term life $250,000.00 12-5-1998 Owner: David L. Zoeller Insured: David L . Zoeller Beneficiary: Diana Zoeller Annual Premium $782.50, David L. Zoeller Payor unknown no loans against policy known N/A Central United Life, #2031553 term life $50,000.00 4-5-90 Owner: Diana Zoeller Insured: Diana Zoeller Beneficiary: Kristie Jo 50mmerer - 100% of proceed in trust for Gavin L. Zoeller, grandson Annual premium $240.00, Diana Zoeller payor cash surrender value at time of separation $1,300.34 no loans N/A Central United Life, # unknown (in David's possession) David has info " " Owners: David and Diana Zoeller Insured: Sarah Jean Zoeller Beneficiaries: David and Diana Zoeller David has info " At least $1,100.00 David borrowed against policy with out my knowledge unknown Central United Life, # unknown (in David's possession) David has info " " Owners: Daivd and Diana Zoeller Insured: Mark James Zoeller Beneficiaries: David and Diana Zoeller David has info " At least $1,100.00 David borrowed against policy without my knowledge unknown . "', ~ ""~' . ,~". - ~ "'.--,.' i. ':,,,'&;[1',, ,. "'F';.\_,:_;e,;.. -~""~ '>, . <;&1, '"J-' ~~. 1'-', " ",jj,;'ii."''-, ITEM 19 RFTIREMENT PLANS IRA'S 1. WIFE American Express Privileged Assists Annuity Location: American Express Acct #: FXA 8946092 6-6-94 Initial contribution $50.00, from personal funds 50urce billed to my American Express card @ $50.00 per month, no contributions currently being made. Account value $720.89 2. HUSBAND PHEEA Acquired in 1995 no information has been received from husband regarding this account American Express Privileged Assists Annuity Location: American Express Acct # 6-6-94 Balance of info unknown , , --', ...'- . <, J , ,",,'ri ',,'- . . ITEM 22. MILlTARYN.A. BENEFITS 1. HUSBAND 206 months of pension is pre-separation marital asset currently paid at $1,412.00 per month .- ~-- _' ,,'IL, ,J',q,-:".~;.; ::. -';,':;"""""",",~-- ':'-~"",~ -"", ",. -~ -" '''-''~~''~''i " ~'.. . ,~, ~~-- ~, , I,:;'> ",..' . 0"> _k '-,', I ~ M<' ,~",," ,;:;:.,,'-,-:'-,,",>~..,;:.~~...,J,;'-c ...:;,,,::-..;."'<'i ITEM 23. EDUCATION BENEFITS 1. It is believed that husband is receiving, or has received an education benefit from his current employer. ""',"' ,,- -" "",', -"~:;,: <.,-,. "'~'" ..~--,'" ","".~, " ,",-<J,'I, ,,-~..: '- '>"--" 'c~-,-,":~'>-'.,-',:';'.."t,_"' ,,;' t'-'''~''j ITEM 25. HOUSEHOLD FURNISHINGS AND PERSONAL PROPERTY 1. ITEMS IN POSSESSION OF WIFE Living room: entertainment center, lamps from Germany, 5 oil paintings, display cabinet w/Star Trek memorabilia; Dining room: table, hutch and Lenox Fairy Princesses, the dining room chairs were discarded; Kitchen: mixer, juicer, wheat grinder; Mise: Fabric and cabinets, 1/2 of videos, 800 Ibs. of wheat, 13 in TV and VCR, sewing machine 2. ITEMS IN POSSESSION OF HUSBAND Kitchen: dishes, silverware, glassware, pots and pans, mixer, bread maker Bedroom: Bed and wall unit, queen size mattress and boxspring Living room: Sofa, tables, lamps Misc. lawn mowers, and all other tools, gas grill, hedge trimmer, edger, 1/2 of videos, 27 in TV and VCR ""," ", '--'.", """c'--" ""'.'_'"' _,' -,;", ~~" "~'-,''-'' J'"I, -, --".' """"""-",,,,,,~,_,, ,':':'"-~,, ,,;;,~,.; _ " . Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller, Defendant Civil Action- Divorce Divorce CERTIFICATE OF SERVICE I, Judith F. Dolgos, Esquire, attorney for Diana Zoeller, hereby certify that I have served the foregoing Inventory, by placing a true and correct copy of the same in the U S Mail, First Class, postage pre-paid addressed as follows: Kathy M. Shughart, Esquire P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112 Date:~ 3-; U1'3 By: -/: F. Dolgos rney for Plaintiff 68738 P.O. Box 60809 Harrisburg, PA 17106-0809 ~~Ij;,j""""""~''''_iiil'fiimJiii~~~llIiiil~i.:!:M",\i;,,,,,,;ffil~:\!iJ;Nm~~,m~,~~~~..,,,I~ ~ l:::1' ," -. ~~ ~, ~ "" =0 - ,_. . ".' -"~~ .., ,,-, -~,","' "~~-""'O"'il . ~ .00 ~ IJ&i III """ < ~.... ~ ~, , . Q C> 0 C (.,) "" 6'3 0 -u " ---..1; rnf"--, -.... "\-:~l Z:J" I 2:(:' , C..1 U'< r',,) _-J ~':":'- C) r;:: C , ~ :t"J1> :-:-8 -"'..- Si~ }~ 7::. ., ----'" c. )> ~ If! C)' -, ~: .:,.) >- :;J :;;J ro -< ~_ ~_,^~ _. ~,~_ ",_._"__~^~.. ...-1 ~"= d; . """' '~.,--" -"'''-' ",,,,,",,,..,-", '~.. I:+',~--'''~''''''',i'''h,;''~'b-_;-'"''_L-';_'':-.'''~'': ,__.21 ,.".,_,'" ,. "_~] Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David lee Zoeller, Defendant Civil Action- Divorce Divorce PtAlNTIFF DIANA ZOEllER'S ANSWERS TO FIRST SET OF INTERROGATORIES OF DEFENDANT DAVID lEE ZOEllER I, DIANA ZOELLER, certify that the statements made in the foregoing ANSWERS TO FIRST SET OF INTERROGATORIES OF DEFENDANT DAVID lEE ZOELLER, are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Dated: t(-JiJ-IY3 DIA J Ith . Dolgos, Esquire tto ey for Plaintiff ox 60809 Harrisburg, PA 17106-0809 717 541-9660 ID 68738 . 6' .- ,~, . . ,---- ,'", " "__'C">>". ,'-';'i'","-',~' ,-S'--<t;'l' ~_,', ,', ~ ' '-,', j"'~"'I'''-,-'''\..;'''.-, ^ ,_~,; , "~, c-'/"2~~ 1 . State your full name, date of birth. present residence and post office address and social security number. Diana Zoeller Nov. 13, 1953 1471 Hillcrest Ct. # 703 Camp Hill. PA 17011-8026 523-78-3191 2. As to your present residence, state the following: (a) If leased, the amount of rent on a monthly and yearly basis and the date of commencement of the lease and termination date of the lease; (b) Name of any person or persons occupying the residence with you and all contributions, if any. being made by such person or persons to the cost of maintaining your residence. a) $745.00 monthly $8,940.00 yearly commencement of lease Oct 24, 2000 termination date of lease Oct 31 , 2004 b) apartment. No one resides with me, no one contributes to the cost of maintenance to my 3. State the name of all employers for the past five (5) years, including present employer. For each employer, state the following: (a) Names, addresses and telephone numbers of your employers: Present: Forbes Trucking 185 Newberry Commons #201 Etters, PA 1 7319 (717) 891-6131 Previous: Express Financial Services 1 820 Old Gettysburg Road Mechanicsburg, PA 17055 (717) 972-1037 ~ , ~-" "" ^,_~,.,,'., "', d"~"' O,-~,~, 'M~" ,--"--,."..j--'"~,,,-,,,,,,, "-,~ .'"',l ~,,,~"",,,< ., ,'_'" ,,_" ;_~. ~'''''J",m'j (b) Dates of commencement and termination of employment and the reason for termination; Present: Part-time August 28, 1999; Full-time July 10, 2000 May 1995 - July 2000 Previous: Left due to too much stress which was creating health problems (c) Position held with each employer; Present: Dock Supervi~or Previous: Administrative Assistant (d) For all former employers, state your annual compensation, including all salary, wages, bonuses, commission or other compensation, deferred or otherwise; N/A (e) For current employment, for each pay period, set forth the hours and rate of pay or earning~, ~pecifying the gross and net average pay per period, including salary, commissions, overtime and bonuses. Itemize each deduction taken from your gross pay, specifying the nature and amount of each deduction; Pay period weekly, 40 hours per week, gross pay $500.00/wk, net pay $357.75, no commissions, overtime or bonuses (f) Attach complete copies of your federal income tax returns for 199 David has copies of all 1990-1999 tax returns 4. State the nature and amount of any liabilities, debts or obligations of you and your spouse, or either one of you, of whatever nature, including the name of the creditor, at the time of your separation from your spouse. Include any contingent or joint liability which you may have, as co-maker, guarantor, endorser or otherwise. David Allfirst- car loan amount unknown Citifinancial - amount unknown Fleet - amount unknown Discover Card - amount unknown American Express - amount unknown Diana American General- car loan $4,721.00 ($225/mo) Visa - $6000.00 currently $4,600.00 American Express Optima - $600.00 currently 0 Franklin Mint - $0 Lenox - $295.00 currently $0 ~> -.~ f ~" . ~"'"" .," ~, oj,: 'I -oj' " " ~'..",.~""',,,;, " '-'~ -. """.,-"--i',; Joint Debt paid by Diana Montgomery Ward - $950.00 currently $0 Lowes - $800.00 currently $0 OVC '- $1200.00 currently $0 Lane Bryant - $ 400.00 currently $0 American General - $11 ,000.00 currently $0 Joint Debt paid by David Washington mutual - $600.00 Sears - $1 ,SOO.OO Spiegel - $800.00 IRS - $3,000.00 5. List all life insurance policies of which you are, or were, at the time of your s\lparation, the owner, beneficiary or insured, and with respect to each policy provide the following: (a) Name and address of the insurance company and policy; (b) Type of policy; (c) Face amount of policy; (d) Date on which the policy was issued; (e) Identification of the owner, beneficiary and insured; (f) Annual amount of premiums and payor; (g) Cash surrender value at the time of separation from your spouse and/or current cash surrender value; (h) Original and current amount and date of any loan made against said policy; (I) If you have terminated any insurance policies since the date of separation, provide the name and address ofthe insurance company and policy number, the date and manner of termination, the face value at the time oftermination, the cash surrender value and actual amount received upon termination and disposition of said funds. I. a) b) c) d) e) Zurich Kemper, # FK2609649 term life $250,000.00 12-5-1998 Owner: David L. Zoeller Insured: David L . Zoeller Beneficiary: Diana Zoeller Annual Premium $782.50, David L. Zoeller Payor unknown no loans against policy known f) g) h) II. Zoeller, grandson f) g) h) i) III. iv. f) g) h) i) a) b) c) d) e) f) g) h) i) '--""" . -"~-'" '~. '".- ",-' ".' ". .--".' ,-, ,,'" ,,,,,,,,,'.1' '.J~,,~ ..' "'.' C';J',' - -- "-,'~' ; ",-,,',', -_.", ' _'~ ,'"-" ~,~_'"" i) N/A a) b) c) d) e) Central United Life, #2031 553 term life $50,000.00 4-5-90 Owner: Diana Zoeller Insured: Diana Zoeller Beneficiary: Kristie Jo Sommerer - 100% of proceed in trust for Gavin L. Annual premium $240.00, Diana Zoeller payor cash surrender value at time of separation $1,300.34 no loans N/A a) b) c) d) e) Central United Life, # unknown (in David's possession) David has info " " Owners: David and Diana Zoeller Insured: Sarah Jean Zoeller Beneficiaries: David and Diana Zoeller David has info " At least $1,100.00 David borrowed against policy with out my knowledge unknown Central United Life, # unknown (in David's possession) David has info " " Owners: Daivd and Diana Zoeller Insured: Mark James Zoeller Beneficiaries: David and Diana Zoeller David has info " At least $1,100.00 David borrowed against policy without my knowledge unknown 6. Identify any and all property or thing of value which you hold in trust or which is held in trust for your benefit. None ''',<'. ",- c,,",~-, " .--',.-'_'''^'->.C.-, "~,_"___'.> ".'..L'I::o",",,_"~_-~__"; _>, .'":__~'..,;.;i;<o-;Co,~," '"', -'i:l-~ 7. If you have applied for a loan or for any credit since the date of separation, provide: (a) The identity of the lender; (b) Any documents submitted therefor; (c) Amount actually received; (d) The purpose and actual use of the loan proceeds; (e) Terms ofthe loan; (f) A complete copy of the agreement or note executed for such loan; (g) A description of any collateral pledged therefor. Have not applied for credit since 2000 8. Itemize in detail your personal average monthly living expenses, including, but not limited to, housing, clothing, food, utilities, telephone, transportation, medical and dental, insurance of any kind, mortgage, loan payments, taxes, education, and any other regular personal items of any nature. Rent: $745.00 month Utilities: $86.00 month Telephone: total $84.00 month Tithing: $50.00/wk Fast Offering to church: $25.00 month in repayment of advance they made to pay my rent Cable: $36.94 month Internet: $9.95 month Car Loan: $225.00 month Car Insurance: $48.00 month Renters Ins.: $10.00 month Life Ins.: $20.00 month Visa: $80.00 month Medication: $18.00 month Auto expo $100.00 month Personal: $20.00 month Food: $150.00 month Storage: $38.16 month Patriot News: $10.00 month ~ - = " "'-. "",'" ," -" '^ '~",' "-,,-,,,.. '", '--'I~""'~ ,~~, -", '" -, .o;-~'-'~ ','.1'--,--<;,;.;".._, ^__ "~" -"-,.,,,,_,; 9. If you contribute to anyone's support, welfare or maintenance, provide; (a) Name and address of those whom you support; (b) Their relationship to you; (c) Amount and frequency of the payments. I contribute to no one's support 10. If you are presently unemployed, either permanently or temporarily, state; (a) Commencement of date of unemployment; (b) Rea.son therefor; (c) Expected date of return to employment; (d) Identity of last employer; (e) Amount and frequency of any sick pay, disability, unemployment or insurance benefits or workmen's compensation awards. NjA 11. State the amount of counsel fees and costs you have paid or have agreed to pay for legal services rendered in this matrimonial action on your behalf, and whether any portion of such counsel fees and costs are being paid by any other person. Paid $1,050.00 Presently due $1,200.00 12. State you complete education and employment history and any specialized training you have received. High School Graduate- 1971 - no other formal education ~" ~ - ~'" , ~, .'< ,--" -""',-,, ~."~ ,,; -< "'-I' ,# ,. '<0' -; " -""-. ' , . .-"~' <' ',';'" '., _dO""'''' ,~- '.' ,,-:,"'-) 13. Identify any individual retirement account (I.R.A) established in your name or in which you have an interest and provide; (a) The location of the account and account number; (b) The date the account was established; (c) The source and amount of the initial contribution to the account; (d) The source, date and amount of all contributions made after the initial contribution; (e) The value of the account as of the date of separation from your spouse. a) American Express Privileged Assists Annuity b) Location: American Express Acct #: FXA 8946092 c) 6-6-94 d) Initial contribution $ 50.00, frOm personal funds e) Source billed to my American Express card @ $50.00 per month, no contributions currently being made. f) Account value $720.89 Had to withdraw funds from account while unemployed due to health problems. 14. State the date of final separation between yourself and your spouse. November 1 , 2000. 15. State the name, business address, occupation, area of expertise and expert qualifications of each person whom you intend to call as an expert witness in this action, and attach complete copies of all written reports rendered to you by said individual. To be determined 16. Do you have any interest in or rights to any assets or property with a value of $1 00.00 or more, not previously disclosed in your answers to these interrogatories? If your answer is yes, identify the asset or property, the date of acquisition and the current fair market value thereof. No , - -,. '< "~". -~" " .' " .,-.-- '"1-'.- ','o"'I~,"""',, "..--;. "--_c. -T'~"'"'\';-' ,-,--.eo.'''''-;_ ,,-;,'. ..'j "::';->i:: 17. Do you claim that any of the assets or property disclosed in your answers to these interrogatories would be defined as 1'I0n-marltal property? If your answer is yes, identify said asset or property, state the fair market value thereof, and state the basis upon which you contend each asset or property would constitute your non-marital property. No 1 8. Do you receive, or have you received since the date of separation, any income, compensation or other payments, including but not limited to any personal injury or medical malpractice settlement or award not previously disclosed in your answers to these interrogatories? If so, state the source, date, reason and amounts of said income, compensation or payments and the disposition of said monies. If you have received any such payment as a result of an injury or other physical condition, indicate the date of the injury or the event giving rise to this claim. No 19. What is the condition of your health? If you are suffering from any problems with your health, state the nature of the medical problem and the names and addresses of your treating physicians, hospital or other health care facility. Fair health Arthritis in both hands, both elbows, both shoulders, neck, lower back, both hips, both knees, right foot, and lower back. Irregular heart beat Acid reflux diseas1! Primary care physician: Dr. Donald Potter NCAD Health Clinic New Cumberland, PA I am presently on a waiting list for a new Rheumatologist for a new evaluation of condition, Medication was changed in August as old meds no longer working. Beginning of 2003, (February) doctor filled out paperwork for handicap status with Penn Dot. Granted for inability to walk long distances w/o excessive pain. Apartment I live in is on ground floor so I do not have a lot of steps to negotiated. Apartment has 3 medical alert buttons to summon help immediately. The type of arthritis is known as DJD (degenerative joint disease) eventually I will end up in a wheel chair according to my physicians. at present rate of degeneration it could happen as soon as 5 years. ~M'<"< "~'", "" .,'"",,'~" -", "ct . 1",,1 "-r" "_' "" - ",,;'-', "-,-.'--,,;,',,.., "''''~ '"'' ,_" ,,',' :i,O '~b;.i 20. Identify all bank accounts, credit unions, savings and loan accounts, time deposits, certificates of deposit, savings bonds, treasury notes, savings clubs, thrift plans, money market funds and checking accounts in your name or in which you have an interest or in which you have had an interest at the time of and since 2000 and for each provide the following; (a) Location and account number; (b) Balance or value as of the date of final separation; (c) Balance or value currently; (d) Value at time of separation form your spouse. I. Checking Account: a) PSECU,Acct# 8308116311 b) $500.00 c) $55.93 as of9/17/03 d) $500.00 II. Savings Account: a) PSECU, Acct # 8308116311 b) $3.28 c) $18.01 as of 8-31-03 d) $3.28 21. Identify all shares of stock, securities, bonds, options, futures or other investments which you own or in which you have an interest presently, or in which you have had an interest at the time of or since 2000, either individually or with another, and provide the following: (a) Description of said item; (b) Identification of any co-owners or interest holders; (c) Current market value; (d) Value at time of separation from your spouse. None ,.',",-. 22. If at any time since 2000, you have sold, transferred, conveyed or otherwise disposed of any assets, whether you consider them marital or non-marital, provide: (a) Complete description of each item; (b) Identification of the transferee and your relationship thereto; (c) Date oftransfer or other disposition; (d) Value at the time of transfer or other disposition; (e) The consideration you received therefor; (f) Disposition of the consideration received; (g) List all items you have removed from the marital home and for each described or identified, set forth the date of removal, present location, disposition, the consideration received if transferred or otherwise disposed of and the disposition of the proceeds. Indicate which, if any, items were removed with or without the consent of your spouse and why said items were removed. All items still in my possession - other than my dress clothes from my prior job, I sold ~m to help pay my rent. ,,~ . '", ,,',"~ ~,-.~.. "0 _""0"__'1 ,. . '","', ~. -00 """,~'_~,'~ ,,,' , "'. Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1 785 Civil Term David Lee Zoeller, Defendant Civil Action- Divorce Divorce CERTIFICATE OF SERVICE I, Judith F. Dolgos, Esquire, attorney for Diana Zoeller, hereby certify that I have served the foregoing Answers, by placing a true and correct copy of the same in the U S Mail, First Class, postage pre-paid addressed as follows: Kathy M. Shughart, Esquire P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112 Date: fJv; & .J/2~-:3 By: olgos Atto for Plaintiff 10 68738 P.O. Box 60809 Harrisburg, PA 17106-0809 717541-9660 _~!!Ii:~m~~~!lmtW&l:>;jwJl;i\llll.!~,3-.rnI:nITo' -'"-il.l'1!l.ld&' tiR ..H... _.... ,.,~',~""'~',~,, <, _",3_ <_ _^~,' " ,~,_., - ~, "", '""r.',>" ,~,.",...," li~'""'" ""h"'~- ". (') C.:> (') c 0,) -n Z 0 :~ :\'Jt'::'U C') # rnf'.j -I tt": Z;'., I .'1"] i"n :7-=::, 5:~, -1)l"? cn r,) ~~~1, ~~ -< I-~- ;-=. <:'--' :;:n. ',;lR ~~~~ ::JJ: ;P (.:,~ u:.:> .-', m 2: :...) ~ ~ ~ -<:, <oJ -< "r .~,^~,~> "_' ~_ " . ' -,~- ~ ...,~," ,",z _ L "I '~,:: ", jr~\,o~~ , DIANA ZOELLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01 - 1785 CIVIL TERM : Civil Action - Law : Divorce DAVID LEE ZOELLER, Defendant PLAINTIFF'S PRE-TRIAL STATEMENT AND NOW, comes the Defendant, David Lee Zoeller, by and through his attorney, Kathy M. Shughart, Esquire, and files his Pre- Trial Statement pursuant to Rule 1920.33(b) as follows: 1. Defendant's Inventory and Appraisement was filed on August 25, 2003. 2. Defendant does not anticipate calling any expert witnesses at this time but reserves the right to call any expert witnesses in rebuttal or to amend this list to include expert witnesses and in such event would notify Plaintiff of such witnesses prior to trial. 3. Defendant will testify on his behalf as to the valuations and circumstances surrounding the acquisition of the marital assets set forth in his Inventory and Appraisal; about the debts and liabilities of the parties as set forth on his Inventory and Appraisement; as to the circumstances surrounding the parties' separation; and to the standard ofliving and conduct during the parties' marriage. He reserves the right to call any additional witnesses and will notify Plaintiff of such witnesses prior to trial. He further reserves the right to call witnesses for rebuttal as needed. 4. Defendant may submit copies of the following documents as exhibits: " , "~'" " [" I ~-- J (1) documents relative to his military retirement income. (2) bank account statements (3) pension statements (4) documentation regarding the parties' marital debt and payment thereof Plaintiff reserves the right to call any additional witnesses and will notify Defendant of such witnesses prior to trial. 5. Defendant filed an Income and Expense statement on August 25, 2003. 6. Defendant has not had his military pension or SERS retirement valued. 7. Defendant has not made a claim for counsel fees and disputes Plaintiffs request for attorney fees. 8. The marital debts are set forth in Defendant's Inventory and Appraisement and include the following: AllFirst - $12,400.00 Washington Mutual - $610.00 Capital One Mastercard - unknown CitiFinancial - $7,575,00 Fleet - $4,'312.00 Discover - $2,103.00 Sears - $1,778.00 Spiegal/FCNB - $817.00 American Express - $2,240.00 IRS - $4,726.00 Optima - $1,940 First USA VISA - $6,033.00 Lowes - $922.27 QVC - $1,283.81 9. There are virtually no assets of this marriage other than the marital portion of Defendant's military pension and his SERS retirement benefits. By contrast there is a ,',;P, J''''~",_~ ~ ~~" '';', , - '- ~ ' _<,<;1. = ':,-1' ,-~ . ,'.. ,", .~ large amount of marital debt, the majority of which Defendant has paid. The SERS retirement is not available to Plaintiff until Defendant retires, and thus must be addressed through a QDRO. Defendant's military retirement was treated as a source of income for support purposes and is not properly treated as both an income stream and a marital asset. Thus, Defendant proposes an award of alimony. Defendant suggests the following distribution of marital assets: (I) Each party to retain the personal possessions currently in his or her possession. (2) Plaintiff to receive fifty percent of the marital portion of Defendant's SERS Retirement via deferred distribution through a QDRO. (3) Defendant to be responsible for sixty percent of the total marital debt, a portion of which has been paid subsequent to the parties' separation. (4) Defendant to pay Plaintiffthe sum of $300.00 per month in alimony for five years. Respectfully submitted, ~ Kathy M. Shughart Attorney for Defendant P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 e .' " . -". " -,,-1'1<, -",' ~'--~':" ' . , .,. DIANA ZOELLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01-1785 CIVIL TERM DAVID LEE ZOELLER, Defendant : Civil Action - Law : Divorce CERTIFICATE OF SERVICE [ _by""",,, "'" 00 "'" I qJ>- day of , I ~ ' 2004, , true and correct copy of the foregoing document was se:ed on the fol wing persons by United States Mail, postage prepaid, addressed as follows: Judith F. Dolgos, Esquire P.O. Box 60809 Harrisburg,P A 17106-0809 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, P A 17013 Respect Iy submitte ~Vh..-- ath~ M. Sftughart Attorney for Defendant P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 ----' ^ ,~- .. - ~ ",,- " "0 - ,~ - ^ lIl~l:;i;- > I !6/~ ~ Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller, Defendant Civil Action- Divorce Divorce PRE-TRIAL MEMORANDUM OF DIANA ZOELLER The following Pre-Trial Memorandum is filed on behalf of Plaintiff, Diana Zoeller. 1. List of Assets of Diana Zoeller: See Exhibit "A" as filed with the Court on October 2, 2003. 2. Expert Witnesses of Diana Zoeller: Marion Bova, Psy. D Readjustment Counseling Therapist Vet Center 1500 N. 2nd Street, Suite #2 Harrisburg, PA 17102 Ms. Bova is a possible witness and a copy of any report from which she may testify will be provided prior to Hearing. Ms. Bova would testify to counseling Mr. & Mrs. Zoeller and of counseling Ms. Zoeller individually. Her testimony would center around the effects of Mr. Zoeller's treatment on Mrs. Zoeller. 3. Witnesses of Diana Zoeller: Diana Zoeller 1471 Hillcrest Ct. # 703 Camp Hill, PA 17011 Ms. Zoeller would testify to the various aspects of the marriage, child rearing and the circumstances surrounding the separation of the parties. She would further testify to the manner and type of assets of the pq.rties. Mrs. Zoeller reserves the right to call witnesses as deemed necessary in rebuttal. '""""0" -,--"" ~ '\;1:; 4. List of Exhibits of Diana Zoeller: None identified at this time, we reserve the right to update this list prior to hearing. 5. Income and Expense Statement of Diana Zoeller is attached as Exhibit "B" and is the same on presented to the court on October 2, 2003. Diana Zoeller's W2s and Earnings Report for 2001 are included as Exhibit "C", her most recent tax return will be forwarded shortly. 6. Plaintiff, Diana Zoeller relied upon the information provided by David Zoeller regarding the value of his pension and retirement accounts. 7. Plaintiff, Diana Zoeller is requesting attorney's fees to the extent that there were delays early on in this matter where Mr. Zoeller was unresponsive to requests and failed to hire an attorney to handle the matters he was unwilling to handle himself. We are requesting that Mr. Zoeller therefore reimburse Mrs. Zoeller for her attorney's fees prior to his hiring counsel. An itemized bill for these services is attached as Exhibit "D" hereto. 8. Debts at time of separation - Diana and David Lee Zoeller Diana American General Visa American Express Optima Franklin Mint Lenox $4,721.00 ($225.00/mo) $6,000.00, currently at $4,600.00 $600.00, currently at $0 $0 $0 Joint debt paid by Diana Zoeller Montgomery Ward Lowes OVC Lane Bryant American General $950.00, currently $0 $800.00, currently $0 $1,200.00, currently $0 $400.00, currently $0 $11,000.00, Currently $0 David Lee Zoeller Allfirst Citifinancial Fleet Discover Card American Express Capital One $12,400.00 $7,573.00 $4,312.00 $2,103.00 $2,240.00 Unknown joint debt paid by David " i ,I ,- ','."", '~~d'" _, """,." Washington Mutual Sears Spiegel IRS $600.00 $1,500.00 $800.00 $3,000.00 11. Proposed resolution of economic issues: Mrs. Zoeller is requesting that the parties divide the marital assets as follows: The parties have already divided their personal property and each of them has taken on a portion of the marital debt. Plaintiff proposes that this stay as it has already been divided. As to the matter of military and civilian pensions of Mr. Zoeller. Mrs. Zoeller requests SO % of defendant's military pension which he began collecting prior to separation. In addition she requests 50% of the marital portion of Mr. Zoeller's civilian pension. Further, plaintiff requests that she remain the benefiCiary of Mr. Zoeller's $250,000.00 life insurance policy. In addition, plaintiff requests that defendant pay the initial fees to her counsel as described more fully above. Date: January 5, 2004 By: ~MA~Of~ J th F. Dolgos Attorney for Plaintiff . _,_ h J, ,-< - ""ir, , . . Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller, Defendant Civil Action- Divorce Divorce INVENTORY OF DIANA ZOFII ER Plaintiff, Diana Zoeller, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred Within the proceeding three years. Plaintiff verifies that the statements made in tl1is inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 9-3() -{)3 Date: Di ,-. ~.~ "' ;?,~ (~-.- I ( :". ~! ,".. (,.' -, , -) I .- ~~ I_ I :; ~ _' ~f j;~ ~~"-~ / =2 ,- ,,-:": :,> "" \ , , - t__1 L~ _'" "',,1-< ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. () 1. (X) 2. () 3. () 4. (X) 5. (X) 6. () 7. () 8. (X) 9. () 10. () 11. () 12. () 13. () 14. () 15. () 16. () 17. () 18. (X) 19. () 20. () 21. (X) 22. (X) 23. () 24. (X) 25. () 26. Real Property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance polices (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal Property out the home Business (list all owners, including percentage ownership, and officer/director pOSitions held by party with company) Employment termination benefits - severance pay, worker's compensation c1C\im/award Profit sharing plans Pension plans (indicate employee contributions and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due, including loans, mortgages held Household fumishings and personalty (including as total category and attach itemized list if distribution of assets is in dispute) Other \ 1. Vehicle Owner/Possessor Date Acquired Acquisition Value Separation date value Present Value Lien at Separation Effective date of Lien 2. Vehicle Owner/Possessor Date Acquired Acquisition Value Separation date value Present Value Lien at Separation Effective date of Lien ,-H' 1_ '--, ITEM 2. MOTOR VEHICLES 1992 Honda Wife 1996 $12,600.00 $8,000.00 $2,600.00 $8,000.00 1998 Ford Escort Husband 1998 $4,000.00 11 ~' .' l I, 'c " \ ITEM 5. CHECKING ACCOUNTS, CASH 1. Checking Account: a) PSECU, Acct # 8308116311 b) $500.00 c) $55.93 as of 9/17/03 d) $500.00 2. Cash $25.00 . - ","is .. .". ,^ , ITEM 6 SAVINGS ACCOUNTS 1. Savings Account: a) PSECU, Acct# 8308116311 b) $3.28 c) $18.01 as of 8-31 -03 d) $3.28 , 'I-,ll ,. .'" ,',~, I , , (, -~ ',~ . 0' - ~,; , ITEM 9. LIFE INSURANCE POLICIES 1. a) Zurich Kemper, # FK2609649 b) term life c) $250,000.00 d) 12-5-1998 e) Owner: David L. Zoeller Insured: David l . Zoeller Beneficiary: Diana Zoeller f) Annual Premium $782.50, David L. Zoeller Payor g) unknown h) no loans against policy known i) NjA 2. a) Central United Life, #2031 553 b) term life c) $SO,OOO.OO d) 4-S-90 e) Owner: Diana Zoeller Insured: Diana Zoeller Beneficiary: Kristie Jo Sommerer - 100% of proceed in trust for Gavin L. Zoeller, grandson f) Annual premium $240.00, Diana Zoeller payor g) cash surrender value at time of separation $1,300.34 h) no loans i) NjA 3. a) Central United Life, # unknown (in David's possession) b) David has info c) " d) " e) Owners: David and Diana Zoeller Insured: Sarah Jean Zoeller Beneficiaries: David and Diana Zoeller f) David has info g) " h) At least $1,100.00 David borrowed against policy with out my knowledge i) unknown 4. a) Central United Life, # unknown (in David's possession) b) David has info c) " d) " e) Owners: Daivd and Diana Zoeller Insured: Mark James Zoeller Beneficiaries: David and Diana Zoeller f) David has info g) " h) At least $1 ,1 00.00 David borrowed against policy without my knowledge i) unknown h. '", I I ~, ",^ ',,,,"', ,," ,.'",>~ '"':" , ITEM 1 9. RETIREMENT PLANS IRA'S 1. WIFE American Express Privileged Assists Annuity Location: American Express Acct #: FXA 8946092 6-6-94 Initial contribution $50.00, from personal funds Source billed to my American Express card @ $50.00 per month, no contributions currently being made. Account value $720.89 2. HUSBAND PHEEA Acquired in 1995 no information has been received from husband regarding this account AmE:rican Express Privileged Assists Annuity Location: American Express Acct # 6-6-94 Balance of info unknown --' , ITEM 22. MILlTARYN.A. BENEFITS 1. HUSBAND 206 months of pension is pre-separation marital <lsset currently paid at $1,412.00 per month "II ,d =' ,.' 'c- 'oJ "_" - -, , . ,'0' .. ~",' . " . ITEM 23. EDUCATION BENEFITS 1. It is believed that husband is receiving, or has received an education benefit from his current employer. >, '"' J"I,I,."" ,_k" ""',1._ ~ ~ ~ ... ITEM 25.. HOUSEHOLD FURNI~HINGS AND PERSONAL PROPERTY 1. ITEMS IN POSSESSION OF WIFE Living room: entertainment center, lamps from Germany, 5 oil paintings, display cabinet w/Star Trek memorabilia; Dining room: table, hutch and Lenox Fairy Princesses, the dining room chairs were discarded; Kitchen: mixer, juicer, wheat grinder; Mise: Fabric and cabinets, 1/2 of videos, 800 Ibs. of wheat, 13 in TV and VCR, sewing machine 20 ITEMS IN POSSESSION OF HUSBAND Kitchen: dishes, silverware, glassware, pots and pans, mixer, bread maker Bedroom: Bed and wall unit, queen size mattress and boxspring Living room: Sofa, tables, lamps Mise. lawn mowers, and all other tools, gas grill, hedge trimmer, edger, 1/2 of videos, 27 in TV and VCR ~ - " ,I " ~ ~1 ~ *: Diana Zoeller, Plaintiff v. David Lee Zoeller, Defendant '. : J_I,', ,,- .,.'- -~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 01-1785 Civil Term Civil Action- Divorce Divorce INCOME AND EXPENSE $TATEMENT OF DIANA ZOELI ER Plaintiff verifies that the statements made in tllis inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. Date: tf-3!J -03 0 ,. C' '- ~..;.. ~ "r< ) r-n , ;-~ , 2': , , .r: f',_ -" ~~{,~. -f.--- <,. '..:.") n ,.' '- ~ :" " .:,.) -,c , oJ " , INCOME: Employer: Address: L .'~" '-', ,I '~~~,;; Forbes Trucking 185 Newberry Commons # 201 Etters. PA 1 7319 Type of Work: Dock Supervisor Payroll Number: N/A Pay Period: Weekly Gross Pay per Period: $500.00 Itemized Payroll Deductions: Federal Withholding: $ Social Security: Local Wage Tax: State Income Tax: Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: Medicare Net Pay Per Pay Period: 85.00 31.00 5.00 14.00 0.00 0.00 0.00 0.00 0.00 7.25 $ 357.75 Other Income: Spousal Support - $276.92 bi-weekly ". " EXPENSES WEEKLY RENT MAINTENANCE UTILITIES ELECTRIC GAS OIL TELEPHONE WATER TRASH SEWER EMPLOYMENT PUBLIC TRANSPORTATION LUNCH TAXES REAL ESTATE PERSONAL INCOME $104.00 INSURANCE HOMEOWNERS AUTOMOBILE LIFE ACCIDENT HEALTH OTHER (RENTER) AUTOMOBILE PAYMENT FUEL REPAIRS MEDICAL DOCTOR DENTIST ORTHODONTIST HOSPITAL MI;:DIClNE SPECIAL NI;EDS EDUCATION PRIVATE SCHOOL PAROCHIAL SCHOOL COLLEGE RELIGIOUS PERSONAL CLOTHING FOOD BARBER/HAIRDRESSER CREDIT PAYMENTS MEMBERSHIPS ,. ,-, MONTHLY $745.00 $86.00 $84.00 $48.00 $20.00 $10.00 $225.00 $55.00 $50.00 $18.00 $20.00 $1 SO.OO $20.00 $80.00 ~ J, - <0 ,";__ , YEARLY $130.00 ,. , , " LOANS FAST OFFERING AT CHURCH MISCELLANEOUS HOUSEHOLD HELP CHILD CARE PAPERS {BOOKS {MAGAZINES ENTERTAINMENT PAY TV VACATION GIFTS LEGAL FEES CHARITABLE CONTRIBUTIONS OTHER CHILD SUPPORT ALIMONY OTHER CHURCH INTERNET STORAGE TOTAL EXPENSES $104.00 ~, J $25.00 $10.00 $36.94 $2S.00 $200.00 $9.95 $38.16 $1,956.05 J ,~ 'I $1 30.00 ""- ,,',"; ,'.. ".,': ~ '"", - , ~'~"'iJ1. lyel; FORBES T1{U~.l.'\IU ',< if addreSs supplied is: ( ) Employment Location ( _ snpply your Federal Employer Identili<:aIion Nnntber. Re: DIANA ZOELLER 'SSN: 523-78-3191 DOB: 11/13/53 EARNINGS REPORT ) Payroll Address ( ~IOyment aod Payroll locations are the same. 23"'" JIJH"/?O PACSES Case No.: 5781.04115' ~~;w Furnish Earnings infotIIiatfon for the above-named employee for each pay period during the last six (6) months. It is preti:rted that you a~ a photOcopy of your records containing the earnings information requested. Attach a copy of the employee's IiIQst recent W-2 Form. PayroIIlIdNumber. 5V- 7r-3f'i/ Employee Address: 1'I7! /I/U_d/ff . 10-1- C I Date of Hire: NatUIeofEmployment: ClP1tIUL- CU"'JIr Air AJJ C#fj //;u . jJ,. /?61) , . Last day workedIterminated: Pllfi/~~ . Reason: Call back date: Pay cycle: Full-time: Part-time: ( ) Monthly ( ) Semi-Monthly ( Gross hourly rate: $ ) Di-Weekly ( 4eeldy Payroll Period Ending JVlY ~CUfr Jp/r f)l.-r ,;f/Pr/ p~C- Date of Pay Gross Pay 500,i1J {ttOA( 5IXJ... fa r..K 5<<',11" /H." 500," flrrJI. S..,."'/kWf 5'110." {poi, Deductions ~A'J In iJ( Federal Withholding (f." /'tl ...<< tJ.'" fiL~ f:{*" f{~ /.l f'P' jJ.< IAIf fi>... /-.1 4A( Social Security tw p.,. ..J( ~"" It/. tr-K ji..- f.,. "'if. y,..../"'1rJt Ji'" Iv 1M( JI.~ /ffLIf Local Wage Tax .IJ 4- -B- -t}- ...~ .-e;- State Income Tax I~'" I.; ~ 1ft'" JvI>K Iy;" ".ut IJt'" /uLJ( !yp.fi/ tit I%.c I.;t-K Retirement -6- -... Savings Bonds -{Y - Credit Union --&- / Life Insurance .-(}- - Health Insurance tJ - ~ / Other (Specify) Other Net Pay ~~ - /' Hours WoIlced ~tl fe.< '" ...... /' I verify that the statements made in this Earnings Report are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. CoS_ fi~.:2~tiTlg t~om EJsifi.cation to authorities. Signed by: E ,.1, 7~ / I~ 2'-01..... /lvJ~ Date::? Position: V Page 2 of 4 FormIN-OI5 Worker ID 21205 Service Type M , '. -"~ '1- _'. i,' , ' '~ -,ployer: FORBES TRUCKING , Re: DIANA ZOELLER .SSN: 523-78-3~9~ PACSES Case No.: 578~04U5 DOB: n/13/53 HEALTH INSURANCE COVERAGE REPORT ~ This form must be completed and returned within ten (10) days. Failure to comply may result in issuance of a subpoena or other appropriate sanctions. Does the employer make medical, dental, eye ~rescription or other insurance coverage available to the employee? Yes ~ . Name the dependents covered under the employee's insurance, and indicate which types of coverage they have through your company. Tvue of Coveraee FoB Name SSN Hosl!ital- . Dental ~ PrescrilJ.- Other ~~ !!!!!! ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) Provide the information indicated for each type of insurance which is available to the employee whether or not any of the above-named dependents are covered at this time: ~ Insurance company (provider): Claims address: Group #: Effective coverage date: Cost of coverage for dependents: ~o,vr Plan#: Policy #: Type of Coverage: Insurance company (provider): Claims address: Group #: Effective coverage date: Cost of coverage for dependents: p.vp Plan #: Policy #: Type of Coverage: Page 3 of4 Form IN-015 Worker ID 21205 Service Type M r-l:vcnA-L I aJ l1elUm. a Contrtllnumber 1 Wages, tips. other comp. , 13424.20 I .-- - - 1545-0008 I 2 Federalincametax withheld 1934.30 3 Soaal $ecurlty wage$- 13424.20 5 Medicare wagesaJld tips 25-1493416 13424.20 c EmpIQ,.....s name, address, iIfId ZIP code' EXPRESS FINANCIAL SERVICES, P.O. BOX 25456 PITTSBL~GE FA 1522~ b EmplOyer 10 numbfW, 4 SaGlalsecuntyta:llWlthhe:ld 832.30 6 Medic;are tax withneld 194.65 INC. d EmPla~~s~a~secllritynUmber "..,..," _ _ . n, e Emploj'ee's name, address, and ZIP code DIANA C. ZOELLER 1471 HILLCREST COURT APT. 703 CAMP HILL PA 17011 7Sacial$ecurityUps 8 Allocated tips 9 Advance Ele payment 0.00 10 Dependent care benefits 11 Nonqualified plans 12a Code See inn for box 12 13 51atutory employee 14 Other 12b Code 01K 0.00 ~~TH 40.00 Retirement plan NTL 27.48 12c Code Third-p;;r1y sick pay 12d Code PA 11739 0766 13424.20 375.88 15 State fi;mployer'sstateIDno. 16 State wages, tips, etc. 17 State income tax 18 Loeal wages, tips, etc. " Local income tax 20 l.ocality name 13491. 68 0.00 NOL FQrm w...2'Wage and Tax Statement Oept. of the Treasury-IRS This infOrmation is being furnished to tbe Internal Revenue Service. 39-1908647 This information is being furnished to IAS.lf yoLl are required to file a tax return, a negligence ~ enalty/other sanction ma be imposed on if this income is taxable & u fail to art iL Cop'f C For EMPLO S R OS. 2001 OMB N.. See Notice to Em to ee. 1545-0008 a Control number 1 Wages.tips.atherc:omp. Z Federal income tax withheld 13424.20 1934.30 3 Soeialsecuritywages 4 Social security tax withheld 13424.20 832.30 5 Medic;are wages and tips 25-1493416 13424.20 c. Emplo'ler'snama,address,andZIPcade: EXPRESS FINANCIAL SERVICES, INC. P.O. BOX 25456 PITTSBURGH PA 15220 b Employer 10 number S Medicare ax wlthheld 194.65 d Employee's social security number e Employee's name. address, and ZIP code DIANA C. ZOELLER 1471 HILLCREST COURT APT. 703 CAMP HILL PA 17011 7 Social security Ups 8 Allocated tips 9 Advance EIC payment 0.00 12a Code See inSL for box 12 10 Oependent care benefits 11 Nonqualified plans (,;1 or LOCal Ulcome I ax He1Um. a Control numbel' 1 Wages, tips, other camp. 13424.20 H,!illl .......... 1 S4S-01 2 Federalincometaxwttht 1934.3C 4 Social security tax withh 8 3 6 Medicare tax withheld 194 . 6~ INC. 703 9 Advance EIC payment O. C 12a Code 12b Code U!c Code 12d Code A 739 0766 13424.20 375. '5 Stilte Employer's slate to no. · t.ocaIi3~!~ 68 1. S State Employer'S state 10 no. 8 local wages, tips, ete. 19 13491. 68 16 Stale wages, tips, ete. 11 Slate inc:ome' Local income tax 20 Locality name 0.00 NOL Form W-Z Wage and Tax Statement 39-190&647 3 Social security wages 13424.20 5 Medicare wages and tips 5-1493416 13424.20 c Ernployer's name, address, and ZIP code XPRESS FINANCIAL SERVICES, .0. BOX 25456 ITTSBURGH PA 1522_ b Employer 10 numbet'" 7 Social security tips 8 Allocated tips Dept. of the Treasury-I 39-1908f 'ght 2001 Greatland/NelCO oMBNc 1545-QC '2 Federal income tax withl'l 1934.3C 4Socialsecutilytaxwithh, 832.3C 2001 6 Medicaretuwithheld 194.6: INC. APT. 703 9 Advance EIC payment O.C 12a Code 13 Statutory employee 14 Other 12b Code 3 Statutory employee 14 Other lZb Code 01K 0.00 01K 0.00 LTH 40.00 TH 40.00 Retirement plan NTL 27 .48 lZe Co-de Retirement plan NTL 27.48 2c Code Third-party sick pay 12d Code Third-party sick pay lZd Code PA 739 0766 375.88 A 739 0766 375. Form W...2 Wage and Tax Statement Oep1. 01 the Treasury-IRS 15 State gmployer'sstate 10 no. 18 Locatwar349i~ 68 19 16 State wages. tips, ete. 1,7 State income tax LocaJincome'IaX 20 Local'!y:name 0.00 NOL 39-1908641 o Dependent care benefits 11 Nonqualified plans Retirement plan Third-party sick pay 0.00 40.00 27.48 3 S~tutory employee Form W-Z Wage and T.;ucStatement 1 AW24UP1 NTF 35561 Co 2 To Be Aled WIth EJpployee's S_, , or Local Income Tax Return. a CQntrol number 1 Wages, tips, other comp. 13424.20 3 Social security wages 13424.20 5 Medicare wages aIId tips 13424.20 c Employee'S tWIll!. addreu,. and ZIP code XPRESS FINANCIAL SERVICES, .0. BOX 25456 ITTSBURGH PA 15220 1 Socialsecuritytips B Allocated tips o Dependent care benefits 1 Nonqualified plans 16 Statewages,tips,etl:. 17 State income' LocaJ income tax 20 Loc:a!i!y:name 0.00 NOL Oept.oftheTreasury-IJ a (:'::":i:OI ;":l..~:::-c~ 22222 For Official Use Only ~ OMS No. 1545-0008 , Va", 0 I I b ~:;;;:!c~:: .C:!'.:,:l:::::~;C;-1 r.u:m:ler , , Is' I 3 IS _ls5 11 Is _I 9 $ Ac\-ance Ele paymanr W~es. lIPS. Olhe' compensc.tlOfl .. __Z3..::.3_0_8JU.IJ) _ _ ~....,:;... ~:.,~ 1-::C::;:SS ::na ZIP cede 13000.00 SOCial security waces 13000.00- FORBES TRUCKING 1040 OLD TRAIL ROAD ETTERS, PA 17319 Meclc:u-e wages ,JOe lIps 13000.00 SCl:l.J1 s.?C...tIIy lIPS ::,; = ;':,;:.,1; :i,;-..::.-f';.... :'ium~er c; 2.3.:1.8.:3_ Il..aSI :tame . . ..Z.oELLER.. s w ::;';:::l'C',:~ = ":0:: ;'!aiT'~ ':!nO :r"'i:;Ji 11 Nonquaiiiied plans DIANA 13 Stilul!ll. ~:.t"l-o ....,.,1tl"6'= :1<-1" rl r~'23rt>, ;..H~~ :.'h j1 1471 HILLCREST COURT, CAMP HILL, PA 17011 APT 703 14 Other -:,~-':..::..-,;.,. ~ ;;:;:;:-=S~ "',.c ZIF ....OOE: ,S . H -:;"';:..;,~~ = ...1.:1': iO "....maer 16 Slale waCies, lips. elC, 1 a L.oca; wag.;!s. !iPS. ale 17 Slal-e income laJl. PA. 23.,.3088170.... ....t..1.3000..DD... ,S .$ ~.164 _00 .......o,5..no.0.0 ..00.... Is 1$22;~.;'..;;a ,.. """""0' 1 11 S:OC1i s.::;,c,.,r;:'.- .-=-.~ : is 806.00 I' · s ! a I- .::. I,~ S MlK!.C~'; '=,^ :. !~..;=':: 188.50 ).llv'::.:",:;: 'I:;:;; Dep,:nc"rH car: ~~c;.!s 1'2' <:..::.- ~",.......,....... ..... . ",,"'C "....,..<,;;.~.... '" ',,: . , ~ is ~2b ~:;"'. '- :s ~2c ,~ ,;:' 12d :/. ..'w. shor Am W-2 Wage and Tax 5 tatement 2001 Oepa,.tmenl 0101.. T(i:as...(y-It';c(:l~~ ~:c',e~l~:: 3'?f',,-:, For Privacy Act and Pap~(''''''or\.. R..QU<::tl:J1 Act Nonce, s~e separale InSlrt.:~ti{;11S == .Jpy A rat SOCial Se-ClJflty Administration-Send [his enlire .; ..': ."," ;::::,,~ \\'.J ;;) me SOCIal SecufIIY Administration: ::::C;~ r,ri: not J.:cepl;;,Ole. Cat. No, 101340 Do Not Cut, Fold, or Staple Forms on This Page - Do Not Cut, Fold, or StaRle Forms on This Page .' ...' ! VCIO 0 I , I FOf Official Use Only ... OMS No 1545 0008 , , 0 OH._._ .. _. '~." 'H' r.;".",~cf , w3ges. :1j)S. olne, !:om~nsaI1Ofl 2 Fediffiii ;;~C,::W;e :::'\ .........'- " $ $ ~. s ~;"';"c- ;.c-:~ess, ano liP code 3 SOCIal security wages . Sociai sacunt} ~::;'AI,~I1!';:r.~iC $ S 5 Mecllcare wages an. tipS . Med:c.:l:~ 13.\ u ::-:rc:.: $ S ,...-.- 7 SOCial s.?Cuntv t.ps 1 8 ..;eiO;:::i,~'= .,-..:; ....- , '.- _"',.'1' 22222 ~J ~." -::. _ : -::'1',;.;:- IS I 9 Is I~' Ncnqualill,eQ plans -.' ~ ~;.,:...,.~ Alh<lrlC: EIC payment ,.....,. ,~ . :"c, LaSI nam~ 13 StiIl.:"" ~~ ;;ClI<,"",~~ ,'.u.- f"l ,~:~;;!!; n , 14 Olher ':"', : .~~: ..:::;;.-=",~ ,::'':; Z:? ::c-:;e ~.,- -.'-- ~.,. _ ,.... ;: ..::,:; ::; .....r:~::'3-T 116 S.ate :"a;c~, 1:;15. :ie, , is ....,.'..' i Is \ 11 Slale Income [alt 18 LOCal ~vages. ups, elC. ol~,...... .....I~... Is Is 2001 \1\ I r.. " W\fML \'Vuge and Tax Statement u.,.".3r!,n~r.t 01 m,;! ;'~:i~..'. S _o-.J I" ._...''___ I~o O.oa"o<," ::.', ,< ".... \ 12a ~.,.. ..., ,.'. "._-~_..._---, I .....- ,..:~.:I"~ ,....'. ~'--- I~.~ --1 I ;2b : S 12c is 12d 's : '9 loca' w<::::~1f;;:)~~':::~:'T':~ i s\ , o CORRECTED (if checked PAYER'S name, SJee1 adClress. City. state. ancl ZIP cooe 1 Rents OMB No. 15015-0"5 :::00~ElES 'r~~~C:{I~iG $ 2 Royalties . ~OO1 1040 0LD TRAIL nnAn $ '3 other income FOrm 1099-MISC 4 hderal iata.me to: VIitblttI' ETTERS, PA 17319 PAYER'S EederaI identification RECIPIENT'S identiflC8tion number ' number $ " 5 Fishing boar: proceeds $ 0 :1'1 6 Medlcafa.rrdhea:mcare~ 23-3036170 523-78-3191 $ 7 Nonemployee ~pensillion $ 8 Substitute p3yrftil:nts in lieu 01 dividend;sorinrerest RECIPIENT'S name DIANA ZOE;:'~E:R $ 4377.44- . . $. 9 Payer made direct sales,ol 10 Crop insurance proceeds $5.000 or more of consumer ' produClS to a buyer . ,re<ipienl) for resale ~ 0 $ 12 Street address {including apt. no.) 1471 HI,LL~.n?::S'.r COUR'r, :1PI' 70J City. state. and Zl~ code ClUff' HILL, PA 1.7011 Account number (optional) Excess ,golden parachute 14 Gross,proceeds paid 'to , payments an' attomey Miscellaneous Income Copy B F.or Recipient This_ is ,important tax .information and is being fUinished to the Intemal Revenue .'; Sefvice~' If you are required to fHe a return, a ,negligence . penalty or o:her sanctIon may be imposed on you i! . this income IS ta><able and the IRS determines that It has not been , reported. 16, 'State:~ withheld ,'. " 11.- ,S~et~y.er'~ st:f!e no. 18 .S~ income .~ 0.0.. 0 o~_:_ ...... ::':.. o~:_ o:..:~o:: .':~_::~~,~'_:o:_~_'::; l;::-":,::'o 0 0 0'''' 0 o. 15 Fo,m 1099-MISC (Keep for your recordso) DePartment' onhe Treasury - Internal ~evenue SeMce \ \ \ .. a....I. = JUDITH F. BOLGOS. AmJlHEY AT II" ,-< 1');;; . PO Box 60809 - Harrisburg, PA 17106-0809 Phone 717 232-0320 - Fax 717 236-6602 - Email Mckjfdk@aol.com Mrs. Diana Zoeller 1471 Hillcrest Court, Aprt. 703 Camp Hill, PA 17011 BILLING DATE: July 23. 2001 ACCOUNT 10: FL01278 PREViOUS BAlANCE: $0.00 CHJlRGESillND'PAYMENTS DATE JanUilry 27, 2001 FebnJary 24, 2001 March 01. 2001 March 12, 2001 March 13, 2001 March 14, 2001 Marcil 26. 2001 Meren 27, 2001 Marcil 27, 2001 "119.2001 May 15, 2001 May:30.2OO1 Ju~ 12,2001 Ju~ 17. 2001 July 23. 2001 JanUilry 27, 2001 FebnJary 24, 2001 Marcil 02, 2001 March 28, 2001 DESCRIPTION TIME CHARGES 1.00 1.00 0.20 0.80 1.50 0.50 0.40 0.50 TOTAL $115.00 $115.00 $23.00 $92.00 $172.50 $57.50 $46.00 $57.50 $195.50 $34.50 $138.00 $23.00 $89.00 $34.50 $34.50 $9.74 $24.00 ($100.00 ($25()00) ($150.00) ($100.00) $641.24 $641.24 Terms: 30 days -k-k.-l dUL- ~ '12 YI.2..~ All past due accounts are subject to a monthly finance charge of 1.5 % interest (18% Annual) Initial consuKalion Meeti'll w/client ole w/client RE: pension S1e wi client, Fort Meade ete Draft canpieinl and copy to client, call to Defense Accounting & Finiance Finalize complaint, cop; to client te/e w/client RE: filing of canplaint File canplaint Filing Fee Telew. client Draft prcperty Setilement Agreement Telew. client Revlse PSA. fax to client Tele wlclelnt RE: PSA Kr and PSA 10 David Zoeller Postage Copying Partial re/ainer recieved Thank you Partial re/ainer recieved Thank you Partial retainer recieved Thank you Partial retainer recieved Thank you 0.30 1.20 0.20 0.80 0.30 0.30 Please pay this amount " ,,0'--1 ","","",C""" ~Lii;&, . , Diana Zoeller. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller, Defendant Civil Action- Divorce Divorce CERTIFICATE OF SERVICE I, Judith F. Dolgos, Esquire, attomey for Diana Zoeller, hereby certify that I have served the foregoing Pre-Trial Memorandum, by placing a true and correct copy of the same in the U S Mail, First Class, postage pre-paid addressed as follows: Kathy M. Shughart, Esquire P.O. Box 6315 27 South Arlene Street Harrisburg. PA 17112 Date:MJ;~tJ/ By: Judit .Dolgos Alto ey for Plaintiff 1068738 P.O. Box 60809 Harrisburg, PA 17106-0809 . J I,. ~ ~ ",,-' ~,' Q-~ .r \. DIANA ZOELLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO: 01 - 1785 CIVIL TERM DAVID LEE ZOELLER, Defendant : Civil Action - Law : Divorce INCOME AND EXPENSE STATEMENT OF DAVID LEE ZOELLER Defendant verifies that the statements made in this income and expense statement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.c.S. Section 4904 relating to unsworn falsification to authorities. Date: 7- 3o-D.]' INCOME: Employer: Commonweal th of PA (AES) Address: 1200 N. 7th St., Harrisburq, TypeofVVork: Administration Officer 2 Payroll Number: 463566 Pay Period (VVeekly, Biweekly, etc.): Bi-weekl y Gross Pay Per Pay Period: $ 1 , 599 . 75 Itemized Payroll Deduction: Federal VVithholding $ Social Security Local VVage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other ( specify) SECA Deferred Comp SECA Garnlshment child trP "'- NET PAY PER PAY PERIOD OTHER INCOME: Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo VVorkmen's Compo TOTAL ; II... .. ,," ~ _l ilif.i\,; PA 17102 271.95 128.78 31.98 45.10 99.99 5.00 5.00 :Uo.':I:< (support - wife) $ 735.03 VVeek Month Year (Fill in Appropriate Column) 1,460.75 (net) $ 1,460.75 1,,1 "- ......~~" <~'.'1 . '" ~ EXPENSES: Weekly Monthly Yearly Home Mortgage/rent 600.00 Maintenance 20.00 Utilities Electric 30.00 Gas 27.50 Oil Telephone 68.00 Water 1'1 00 Sewer 12.50 Employment Trash IJ. 3U Public Transportation Lunch 20.00 Taxes Real estate Personal Income 75.00 Insurance Homeowners Automobile 55.00 Life 68.00 Accident Health Other( Renter I s ) 81.00 Automobile Insurance Payments 345.00 Fuel 60.00 Repairs 150.00 Medical Doctor Dentist Orthodontist Hospital Medicine 50.00 Special Need Education Private school Parochial school College 50.00 Religious ,'.-1- , "'; ',I ' ~ !-"\' . EXPENSES (CaNT.) Weekly Monthly Yearly Personal Clothing 20.00 Food 140 00 Barberlhairdresser 16.00 Credit Payments Credit card 120.00 Charge account 50.00 Memberships Loans( specify) PSECU 100.00 CitiFinancial 104.00 Duquesne Univ. 3,000.00 Miscellaneous Household help Child care Papers/books/magazines 500.00 Entertainment 100.00 Pay TV 17.50 Vacation 1,200.00 Gifts 1,400.00 Legal fees 100.00 Charitable contributions 20.00 Other child support 50.00 Alimony Other TOTAL EXPENSES 20.00 2,176.80 6,200.00 ;;;~iJ;;,;j:tl.'il&~;i!''f.l:I''~2!r.-")lkljill,"",,r'',0,j;~~'f,'''Wl ,""' 5>3:i,~;j;',',-<PH",,, -",-,:,j.';' - ";~~:,, ',;'w.>i;c:,-,""""'''_,< ':'.-ik;i",,~~.'.lbl!..~;i!i'M.M!)lJ!!.fB~n'i'-"".~'----" ~,~ ~ ~ '. ~ _~, 0 '0__ ". "" r~' . ~~ ~~ ~" ",~ '" ,<, ,~ ~<'~'~MII -- ; Ii i . .:;. - (') 0 !,j? C w s:: "" :;:! "'tJOJ c= nlrn (;') :+i:!:! Z::tl r- 2~r- N -r; fT1 0;)> ~J1 i'5 T.' -<.e.:' !<c'. .." -,0 ~(~~I .',.1""1 ::x (3:0 4t-\ . . '7(") :J; '-J ~o.) om c: z: --" -~ ,'-.) )> -< \.0 :.0 -< ",_~,> ,_ ,~~,'i-"~' ~I,=>, ~, ," _ ,_,=._, ,~ ,."""<<..,__..~,,,; ,-,,~ --, < , -~ .~", ~" -,'- . ~, .,- "",,.-' , ---;'.' ,._ . 0 ""'-' ~ . j~-I ',~ "'",h~ ,-"'.''-0'--'"'"''''';-'''-:''-''' <. ~' , -.;' Xathy 3\1. Shughart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 Phone: (717) 540-8511 Fax: (717) 671-9601 March 30, 2004 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 Re: Diana Zoeller v. David Lee Zoeller No: 01-1785 Civil Term Dear Master Elicker: Following our pre-trial conference on March 4, 2004, you requested that we provide you with an update on our settlement efforts at the end of the month. Although we have a proposed settlement offer on the table and have provided Attorney Dolgos with the information she requested at the pre-trial concerning COBRA coverage, we have not had any response to the settlement proposal since we left your office. Thus, I would suggest that this matter may have to be scheduled for a conference or hearing. I would note that I am on vacation from April 16, 2004 through April 26, 2004. Thank you for your consideration. Cordially, ci, rr~k}- Kathy M. Shughart, Esquire KMS:lsf cc: Judith F. Dolgos, Esquire David Zoeller J~ ,,-<<'c i_ LJ '" " __L~~I DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 1785 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Judith F. Dolgos Diana Zoeller , Counsel for Plaintiff , Plaintiff Kathy M. Shughart David Lee Zoeller , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 20th day of May 2004, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 4/8/04 E. Robert Elicker, II Divorce Master . , -[ ['-.1 , - ~'";,~-,, ,,; cj, DIANIV ZOELLER, r Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 1785 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Judith F. Dolgos Attorney for Plaintiff Kathy M. Shughart , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 4th day of March 2004, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, d~fineissues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/26/04 E. Robert Elicker, II Divorce Master ~ -, ".~ - ~ ,,' "'."" .', .""- 0_", ,-'< .-.~,'", 1-"""-'li1'-'l"'__"'~,;"':_~' "~. ,". --'-il"'~'-.";';' '. . J'~'^'/;, . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 December 10, 2003 Judith F. Dolgos Attorney at Law P.O. Box 60809 Harrisburg, P A 171 06-0809 Kathy M. Shughart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Re: Diane Zoeller vs. David Lee Zoeller No. 01-1785 Civil In Divorce Dear Ms. Dolgos and Ms. Shughart: Both counsel have certified that discovery is complete. Therefore, I do not expect to be dealing with discovery issues at the time ofthe pre-hearing conference. I also assume that grounds for divorce are not an issue and that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. A complaint in divorce was filed on March 27, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. Although the motion for appointment of Master indicates that economic claims before the Master are alimony, alimony pendente lite, and counsel fees and costs in addition to equitable distribution, no claims have been made except for equitable distribution. In accordance with p.R.e.p. 1920.33(b) I am directing each counsel to file a pre- trial statement on or before Monday, January 5, 2004. Upon receipt ofthe pretrial J~ '" lei "d . Ms. Dolgos and Ms. Shughart, Attorneys at Law 10 December 2003 Page 2 statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING V ACA TED. .- - "" ~LJ I L. . ."l , ~'"~~:j Xathy 3\1. Shughart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 Phone: (717) 540-8511 Fax: (717) 671-9601 January 19, 2004 Robert E. Elicker, II, Esquire Divorce Master Nine North Hanover Street Carlisle,P A 17013 RE: Diane Zoeller v. David Lee Zoeller No. 01-1785 Civil, In Divorce Dear Mr. Elicker: Enclosed please fmd the Pre-trial Statement for the above-referenced case. As I explained to Traci on Friday, January 16, 2004, I had just received your correspondence dated December 10,2003. The envelope was addressed properly and was postmarked on December 10, 2003, so only the post office knows why it took so long to get to me. My best guess is that it was placed in the incorrect post office box initially. I hope that you will accept this Pre-trial Statement despite the fact that it is filed after your requested date of January 5, 2004. Although I am putting this correspondence in the mail on January 19, 2004, due to the holiday, it will not actually be picked up until January 20, 2004. Thank you for your consideration. Please do not hesitate to contact me if you have any questions or concerns. Cordi y, / ~~~~~ K thyM. Sh'iIghart, ESqEL-_ KMS:lsf Enclosure Cc: Judith F. Dolgos, Esquire David Zoeller "= . ,. ",_i + . ~- .-' ,.:l-" JUIIT.FRIfIOESIOLGOS - AnDllIEY AT lAW PO Box 60809 - Harrisburg, PA 17106-0809 Phone 717541-9660 - Fax 717 541-9663 - Email CHAPPYESQ@AOL.COM December 08, 2003 Robert E. Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Diana Zoeller v. David Lee Zoeller No. 01-1785 Civil, In Divorce Dear Mr. Elicker: Enclosed is the certification of the Plaintiff in the above referenced matter. Please proceed with scheduling in this matter. If you should have any questions regarding this maUer, please feel free to contact the undersigned. Sincerely, cc: Kathy M. Shughart, Esquire ''-II''',^ . ."-'~ ~ '. . ~< -, < . ~';;"\, JUDITH FlAIl. CESDOIGOS. AnOR.EVIl. lAW "." , ' '. PO Box 60809 - Harrisburg, PA 171Q6..0B09 Phone 717 541-9660 - Fax 717 541-9663 - Emall CHAPPVESQ@AOL.COM September 04, 2003 Robert E. Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Diana Zoeller v. David Lee Zoeller No. 01-1785 Civil, In Divorce Dear Mr. Elicker: Enclosed is the certification you requested in the above matter. I believed that we had the information to go forward, but since Ms. Shughart has requested formal discovery, we will proceed in this manner. If you should require any additional information regarding this matter, please feel free to contact the undersigned. Sincerely, ~f~ cc: Kathy Shughart ........~j>: Xathy 3\1. Shughart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 Phone: (717) 540-8511 Fax: (717) 671-9601 August 21,2003 Robert E. Elicker, II, Esquire Divorce Master Nine North Hanover Street Carlisle, P A 17013 RE: Diana Zoeller v. David Lee Zoeller No. 01-1785 Civil, In Divorce Dear Mr. Elicker: Enclosed please find the Certification which has been completed and signed by Kathy M. Shughart, Esquire, regarding the above-referenced matter. Thank you for your cooperation, and if you have any questions, please feel free to contact me. x:y~ Lynn Feeman Secretary to Kathy M. Shughart Enclosure Cc: Judith F. Dolgas, Esquire David L. Zoeller ... .....--.. ..- - COMMONWE....l.'rH OF PENNSYLVANIA H 105.IS7 RE'I.9~O OEi"ARTMENT OF HEALTH VITAL RECORDS RECORD OF S7AreFll..;;NUM8;:R. DIVORCE OR ANNULMENT COUNT't I ST...7E FILE ::::A7': C,urnf:U.l.ft,u.1l ~ (CHECK ONE) 0 HUS3ANO .. NAME (FintJ IM/artlel It....UJ I _. DA7E IkIonrnl ;..4'1'1 /(6110 9 A-vtD Let: 0 -20ELLelL OF.' S - nlOl. 5p BIRTH - 2. FleS1CENCE Slreefor ri.D. Cili'. aoro. or rwp, ~unfY ~lace' I 4. PL...Ce I~l~r;rr::;r~''in ~unrtYJ .311'2... Lvooot-lo'-t- l~S.6()/'L.b a /-I1P I'l}- l' , OF BIRTH r'Mat-tLAiUY.l 5. NUMBEr:! OF THIS t5J.. "'...."ll'l''''"ce a..w'v I I 15. RACe. w~ 8LACX. o USUAL OCCUPA7iON QTHEl'lISo.clly) o vY\.o.,,~ tv' WIFE s. MAIOEN NAME (Firrr) fMff:aleJ (LurJ I 9. OA,' OF SIFl,H 1'11. puca OF {Monrnl ;C~'1'1 /Y"'UJ 1:. NUM!ileJ'I OF1"HIS MAAFtlAOe pt.,loCeOF OF THIS MARFllol\aE NUMSER OF CHIL. OREN THIS. 1.2. MARAIACe 'J NUMBER OF HUSSAHO CH1LOAENTO 0 eUSTOOY OF OAre OF oeCREE C. P<a..o L- Ci,y, 30ro, or r...p.. (p.m.", l-lil' 1:1. R"'C", WHI1"E 3ucx. O?! 0 tv ISSE}l) (()::..~ S"', p+ , 10 I 3 - 53 ISUC6 or F::;~H}n CJIJlltry) '0. cf\) IAA.J Pr 1~7;'NTh\lca:~;:~ ~ OTHEr:!lSo<t<:Ir,.) o rewA- ",0 {Cacmry) LAW/J1O tV (Slar6 ,,, FO('lII}tJ ~IJntry) 110, 0.02.7'5 OF THIS MARRIAOE {)MJntItJ 1':.'11 fY4tU! no (Month) (DiryJ ('(NTI c. 0 c: ... , WFF"'~' w"' OTHeR (Specify) HUSBANO O":'Hi::A (S~eity) 0 0 n 21. l.EGAL GAOUNOS FOA OIVOACE OR ANNULJI,IeNT 330/ LC.) ". OATe REPOAT Sc:NT (Momll) tc.y) /Y.." TO VITAL RECOROS 7<0 O~rY\A- 17A. 17a. NUMSeR OF oepeNOENT Cl'iIL'11S. ~LAINTI,o:F Oi'leN UNoeR 18 l"tI",SS,I,NO o 0 'NIF5 SPLIT CUSTOOY OTHeR (So-atyl o 0 0 :ZOo ="'. SICNATURE OF TRANSCRI81NG CL.EAJI: .0,," I o,_~_ ,"'~'" ~ c DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v No: 0101785 CIVIL TERM DAIVD LEE ZOELLER, Defendant CIVIL ACTION 0 LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301 (c) of the Divorce Code was files on March 27,2001. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety 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. 4. 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: U~ ~ ZOO f? Ek ( e..r--.. ^_.i1~f cl..~..~lIilii~~~U!~~~~l&Wwwlil;o<~lit!!,"~"'-..""'~il~~iliilldtlliiulU"-'-."" xw ~M;J!l$lJ~' .! ~ "~_,~,"",=,~~">,,,,,.=,,!-'7'>," ^__" ~" "' .'~ ''",~., ">"~ -...U~EliI ,Qi.- -" 'r'~ ~~ ~....................~- N () ...., = 0 C = "T, <" ..,. veti (/.) -! mn; '" :c." :?-.':::L' v nlr zr I -om ~?:-: ::::9 N O. ~~~., _.0 -0 -'-'1 o:D Zc ::Ji:; 70 ~- , om ""'c ~ ~ :>! -1'-- ~1J \0 .< .. j'l DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 0101785 CIVIL TERM v DAIVD LEE ZOELLER, Defendant CIVIL ACTION 0 LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 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 an~ C9rrect. I understand that false statements herein are made subject to the penalties of 11:\ Pa,C.::;. .~ .4904 relating to unsworn falsification to authorities. . .. Date: CJ<;t ! 200Cj' U I ~ A 'A ZOELLER INTIFF d(b-- oj 'U '. ....,,;';;,: "!lI!!lili~,~~~N.~~eiliIllLlili;~...1tI1r!fl;jji&;~':SL""\J,.,j-M'"4h~Ii!<~,,,;_~",,"",~1 ~ :liiillli. :LL.,w,'. . "" . _ " -, ~, _. "",__"_~~,_,~,_<__~""~_,,O,,~,,,""'_~-o/"" , _, ................. ,,~- ~ -~ -<, ", ,~~ ~"~"''''''>~~''-''''1 ~~~-" ~1IiiIiIIIiI" i~;o ' '\:' ~ <0' \: () ....., = 0 C ~ -n -s... en -t -oe'" ::r:- rnfn r'l"1 m~ ;"?'::.JJ -0 ~~L I -0 ' ~:,~' ::vy N 86 rec """ ~jj Pn 46 3: ~?"o >e: ~ Om Z ';;! =< s:- ;:0 toO '< ., , --~. , "~ L_ I '~ ' . ~ U!l.I<<iii=', Of - /71'S" e'o~L IfILW) CERTIFICATE OF SERVICE I hereby certify that on this 8th day of September, 2003, a true and correct copy of the Inventory of David Lee Zoeller and Income and Expense Statement of David Lee Zoeller was served on the following person by United States Mail, postage prepaid, addressed as follows: Judith F. Dolgas, Esquire P.O. Box 60809 Harrisburg, P A 17106-0809 Respectfully submitted, 1{~. Supreme Court ill 39779 27 South Arlene Street Post Office Box 6315 Harrisburg, PA 17112-0315 (717) 540-8511 J jw ~" ~", ~, DIANA ZOELLER, Plaintiff 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-1785 -Civil Term DAVID LEE ZOELLER, :Civil Action -Law mm ° z Defendant :Divorce ~ ~ o - c rn - -~ t- cn r -<~' ~ ". ~ ~b o r~ D ~ ~ c7 ., ='~i ~ p os` EMERGENCY PETITION FOR CONTEMPT AND FOR SANC IS - ' .~~ ~y -C --- ~7 --< AND NOW comes Defendant, David Lee Zoeller, by and through his counsel, Kathy M. Shughart, and files this Emergency Petition For Contempt and For Sanctions, based upon the following: 1. Plaintiff and Defendant were involved in this divorce action which was resolved by an agreement between the parties on November 3, 2004. 2. A true and correct copy of the Marital Settlement Agreement, which was incorporated but not merged in the Divorce Decree, is attached hereto and incorporated by reference herein as Exhibit "A." 3. Paragraph 9A of the Marital Settlement Agreement provides for the distribution of Defendant's retirement with the State Employees Retirement System. See Exhibit "A." 4. Paragraph 28 of the Marital Settlement Agreement sets forth the parties' agreement to cooperate in the execution of documents or further instruments which are required to implement the terms and provisions of the Agreement. See Exhibit "A." 5. Defendant is prepared to retire, but can not do so until an Order is entered directing the State Employees Retirement System regarding the distribution of his retirement. 6. The State Employees Retirement System approved the form of the Stipulation for Domestic Relations Order by correspondence dated May 24, 2010. A true and correct copy of said correspondence is attached hereto and incorporated by reference herein as Exhibit "B." 7. A true and correct copy of the Stipulation for Domestic Relations Order is attached hereto and incorporated by reference herein as Exhibit "C." 8. Counsel for Plaintiff, C. Doran Vance, Jr., received copies of correspondence between Defendant's counsel and The State Employees Retirement System dated May 13, 2010, May 19, 2010, May 19, 2010, and May 24, 2010. A true and correct copy of the correspondence dated May 13, 2010, is attached hereto and incorporated by reference herein as Exhibit "D." A true and correct copy of the correspondence dated May 19, 2010, is attached hereto and incorporated by reference herein as Exhibit "E." A true and correct copy of the correspondence dated May 20, 2010, is attached hereto and incorporated by reference herein as Exhibit "F." See, Exhibit B. 9. On May 25, 2010, Defendant's counsel sent the final Stipulation for Domestic Relations Order to Plaintiff s counsel for execution by his client. A true and correct copy of said correspondence is attached hereto and incorporated by reference herein as Exhibit "G." 10. Defendant's counsel did not receive a response and telephoned Plaintiff's counsel, and left a voice message, on or about late June 2010. 11. During a telephone conversation on a subsequent day, Plaintiff's counsel advised Defendant's counsel that she should contact Plaintiff directly. 12. Several days later, Plaintiff's counsel provided Defendant's counsel, via a voice message, with an address for Plaintiff. 13. On or about July 6, 2010, Defendant's counsel mailed the Stipulation for Domestic Relations Order to Plaintiff for her review and execution. A true and correct copy of said correspondence is attached hereto and incorporated by reference herein as Exhibit "H." 2 14. Plaintiff did not respond and on or about September 13, 2010 Defendant's counsel again mailed the Stipulation for Domestic Relations Order to Plaintiff for her review and execution. A true and correct copy of said correspondence is attached hereto and incorporated by reference herein as Exhibit "I." 15. Plaintiff has failed to respond to Defendant's requests to execute the Stipulation for Domestic Relations Order in violation of the terms of the Marital Settlement Agreement. 16. Defendant is being unfairly burdened and prejudiced because he is unable to retire until such time as he can complete the paperwork and process required by the State Employees Retirement System, which is unable to do without the a Domestic Relations Order. 17. Defendant is preparing to move from the state on December 1, 2010 and must have his retirement paperwork completed by that time. 18. Plaintiff has no reason for refusing to sign the Stipulation for Domestic Relations Order other than to impede Defendant's retirement. 19. When Defendant retires, Plaintiff will begin to receive her portion of his retirement. 20. There can be no reason for Plaintiff's actions other than to be vexatious, vindictive and cause a negative impact on Defendant. 21. Plaintiff has had ample time to consult with an attorney and review the Stipulation for Domestic Relations Order since her previous attorney was aware of this matter since May 2010 and Plaintiff was directly provided copies on July 6, 2010 and September 13, 2010. See, Exhibits D, E, F, G, H and I. 22. Plaintiff has willfully violated the Marital Settlement Agreement dated November 3, 2004 by refusing to execute the Stipulation for Domestic Relations Order. 23. Defendant's counsel has incurred fees in the amount of Five Hundred ($500.00) Dollars 3 in the preparation of this Petition and will continue to incur costs in the prosecution of this matter. 24. Defendant is requesting that the Court enter an Order directing that Plaintiff execute the Stipulation for Domestic Relations Order within five days or forfeit her distribution of Defendant's retirement. 25. In the alternative, Defendant requests the Court to execute the Stipulation for Domestic Relations Order on Plaintiff's behalf and enter the Stipulation as an Order of Court so that Defendant may proceed with his retirement process. WHEREFORE, Defendant requests this Honorable Court to enter the following order: A. Plaintiff has willfully violated the terms of the Marital Settlement Agreement dated November 3, 2004 as incorporated into the Divorce Decree dated December 6, 2004, by her refusal to execute the Stipulation for Domestic Relations Order. B. Plaintiff shall execute the Stipulation For Domestic Relations Order within five days or shall forfeit distribution of Defendant's retirement under Paragraph 9 of the Marital Settlement Agreement dated November 3, 2004. C. The Stipulation For Domestic Relations Order shall be deemed to be executed by Plaintiff by Order of this Court and the Stipulation shall be entered as an Order of Court. D Plaintiff shall also pay to Defendant all costs and fees associated with the 4 preparation and prosecution of this Petition for Contempt; E. Any other such relief as the Court deems appropriate. Respectfu y submitted, Kat . S ughart Attorney fo Defendant P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 5 DIANA ZOELLER, Plaintiff v. DAVID LEE ZOELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-1785 -Civil Term Civil Action -Law Divorce VERIFICATION I verify that the statements made in the attached pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I N THE COURT OF COMMON PLEAS OF CUMBERL4ND000NTY ~'vy -~. STATE OF ~ ~~ : ~~_= PENNA. I~SI y ;~~ i -ri 1=~- ~~ - ~ DIANA ZOELLER, ,; !' NO. 01-1785 Civil Term Plaintiff ;; I VERSUS I~ DAVID LEE ZOELLER, ~; ~' Defendant i; DECREE 1N DIVORCE AND NOW ,December 6 10:15 AM . 204 IT IS ORDERED AND DECREED THAT DIANA ZOELLER PLAINTIFF, AND DAVID LEE ZOELLER ARE DIVORCED FROM THE BONDS OF MATRIMON'f. DEFENDANT, 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; The Marital Settlement Agreement dated November 3, 2004 is incoraoratP~? but not merged into this D raF+ BY THE COURT: George E. Hoffer ATTE Si^ ~ ,] , ~ P. ~~ ~ ~ ~ PROTHONOTARY Cert~ed Copy Issued: December 6, 20 4 EXHIBIT A + ++ +++++++++++++ +++ . ,~ ~ •.: .. , THIS AGREEMENT, is made this ~ day of ~ 1~ ~ 2004, by and between DIANA C. ZOELLER, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE" and DAVID L. ZOELLER, of ~ o - ~ ~ ~~ Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "HUSBAI~IA;" ~- ~' ~ _J _-+ "' P , C i ~ , WHEREAS, the parties were married on September 18, 1976; and - ~ -_~ ~. WHEREAS, the parties' children aze now adults; and - , ~ _~" `_' ~ .T .. WHEREAS, in consequence of disputes and unhappy differences, the parties - _ ` ~ c~ ° '' have sepazated and are now and for some time have been living apart from each other aid since their separation, have agreed to live sepazately and apart during the rest of their lives; and WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, the support and maintenance of the WIFE, and any other rights and obligations growing out of the marriage relationship. IT IS THEREFORE AGREED by and between the parties that: 1. (CONSIDERATION. The consideration for this Agreement is the mutual promises and agreements herein contained. z, SEPARATION. It shall be lawful for each party at all times hereafter to live sepazate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. 3. NO INTEILFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. DIVISION OF MARITAL AND PERSONAL PROpER'TY_. Except as otherwise set forth in this Agreement, the parties hereto agree that the marital property and personal property of the parties has been divided to their mutual satisfaction. The f pazties agree that they shall retain all personal property in their respective possession and waive all rights as to marital property and personal property in the possession of the other spouse as of the date of the execution of this Agreement. The parties further agree that the savings bonds in the name of their grandson and currently in the possession of WIFE, shall be physically given to the pazents of the child within ten days of the date of this Agreement. $. RFL.EASE OF INTEREST IN SEPARATE ASSETS, The parties hereto agree to waive any and all right to claim any interest or shaze in the separate assets retained by the other spouse. This waiver and release specifically includes any interest in each other's pension, employee benefits, life insurance, business interests, and any and all other separate assets. 6. WAIVER OF CL.AiMS AGAINST ESTATE. A_ND MUTUAL Fi FACF, Each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or may hereafter acquire, under the present or future laws of any jurisdiction, to shaze in the property or the estate of the other as a result of the marital relationship including, without limitation, dower, thirds, courtesy, allowance, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of the other, right to act asadministrator/executor of the other's estate, and each party will at the request of the other, execute, acknowledge and deliver any and all instruments which maybe necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, particulazly the provisions concerning alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Each of the parties hereto, for himself or herself, his or her executors, 2 administrators, or assigns, does remise, release, quit claim and forever dischazge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, action causes of action, or suits at law, or in equity, of any kind or nature, for or because of any matter or thing done, omitted or suffered to be done by said other party prior to and including the date hereof. 7. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which aze hereafter acquired by him or her 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. 8. WIFE'S RETIREMENT ACCOUNTS. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that maybe required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This pazagraph is intended to substitute for any other statement, prepazed form, or document which might be required by any plan, fund, trust, administrator, trustee, or similaz entity or person, so that WIFE may receive said benefits as if she were never married. HUSBAND further waives any interest he might have in any and all of WIFE's Individual Retirement Accounts (IRA) currently in her name. 9. HUSBA_ND'S RF.TIR_F.MF,NT ANn PF.N4i(1N RF,NF.FTT4. 9.A. HUSBAND is presently employed by the Commonwealth of Pennsylvania. As an employee of the Commonwealth, he is entitled to certain benefits upon retirement. As part of the equitable distribution of property arising out of the marital relationship between HUSBAND and WIFE, HUSBAND agrees that upon his retirement, WIFE shall be entitled to receive fifty-five percent of the marital portion of HUSBAND's retirement. The parties further agree that the marital portion of HUSBAND'S retirement shall be based upon a coverture fraction of 5.6 years as the 3 numerator over the denominator of the total years of service, plus any accrued interest from November 1, 2000 until the date of transfer. The parties agree that the transfer to WIFE shall be made pursuant to a Qualified Domestic Order (hereinafter referred to as "QDRO'~. The form of the Order is to be set forth in a Stipulation which will be signed by both parties subject to the prior approval of their respective counsel. The Order shall be entered by Stipulation within ninety (90) days of the execution of this Agreement. Furthermore, after the transfer to WIFE has been made pursuant to this paragraph, all remaining benefits in HUSBAND's retirement account shall become HUSBAND'S sole and separate property. 9.B. HUSBAND was previously employed by the United States Army from which he currently receives a pension. WIFE hereby waives her right to equitable distribution of HUSBAND'S military retirement. 10. MOTOR VEHICLES. The parties agree that WIFE shall become the sole owner of the 1992 Honda Accord encumbered by a loan through American General. WIFE shall be solely and fully responsible for the payment of this loan. HUSBAND shall become the sole owner of the 1998 Ford Escort encumbered by a loan through AllFirst Bank. HUSBAND shall be solely and fully responsible for the payment of this loan. The parties agree that they will hold each other free and harmless from any and all liability as a result of ownership of these vehicles or as a result of their liability for their respective car loans. 11. ACCOUNTS. Theparties acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. They further agree that any and all joint checking and savings accounts have previously been divided to their . satisfaction. WIFE further waives any interest she might have in any and all of HUSBAND'S Deferred Compensation Account currently in his name. 12. PARTIES' DEBTS. The parties represent and warrant to each other that since separation, they have not incurred any debts or made any contracts, other than those listed 4 herein, and in the future they will not incur any debts or make any contracts for which the other shall be held liable. The parties further agree that they will each remain responsible for any and all debt currently in their own name, of any nature whatsoever, even if not indicated herein. The parties shall hold each other harmless for any liability which may arise as a result of the late or non-payment of the debt for which they are hereafter responsible. The parties acknowledge that HUSBAND has paid joint debt since the time of the parties separation. HUSBAND agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the Citifiancial account and the Fleet account. WIFE agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the First VISA account. 13. EQ~JITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the second marriage for both HUSBAND and WIFE; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited too medical, retirement, insurance or other benefits; the contribution or dissipation of each property, including the contribution of each spouse as a homemaker and caretaker of the children; the value of the property set apart to each party; the shared responsibility for all of the debts of the parties; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under the Agreement shall be in full satisfaction of all marital rights of the parties. 14. INTENDED TAX CONSEQUENCES. By this Agreement, the parties have 5 intended to effectuate an equal division of their marital property in accordance with the Pennsylvania laws pertaining to divorce and equitable distribution. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting the marital estate. As a part of the equitable division of the marital properties and the marital settlement herein contained, the parties agree to hold each other free and harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 15. TAX FILINGS. All federal, state and local tax returns required to be filed by the parties have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of limitations on the assessment or collection of any tax. 15.A. In the event that there be any deficiencies in state or federal income taxes, including penalties and interest, related to the joint income tax returns of the parties for years prior to tax year 2004 (the year of the divorce decree), it is agreed that the parties shall be proportionately entitled to any refund due to the parties for those years. Accordingly, the parties shall be proportionately responsible for the payment of any and all costs of defending the parties against any asserted deficiencies, or of prosecuting any refund claim. Both parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. 16. ALIMONY. HUSBAND shall pay to WIFE the sum of forty-two (42%) percent of his gross monthly military retirement. WIFE shall also be entitled to forty-two (42%) percent of any cost of living increases. The forty-two (42%) percent figure represents the equivalent of fifty-five (55%) percent of the marital portion of the retirement. The parties were married for 206 months 6 of HUSBAND's tota1266 months of service, or seventy-seven (77%) percent of his total service time. The alimony payment represents fifty-five (55%) percent of the marital portion (seventy-seven (77%) percent) of his gross monthly amount. It is the parties' intention that WIFE's alimony be paid directly to herby the military as a gross monthly amount, from which she will be responsible for the payment of any and all taxes due. Likewise, HUSBAND's gross monthly retirement shall be reduced by the amount paid to WIFE. The parties hereby specifically agree that this alimony provision is non- modifiable for such time as HUSBAND continues to receive a military retirement benefit. The payment provisions hereof have been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and were agreed to by the parties with the specific understanding that neither the amount nor the duration thereof shall be subject to modification for any reasons, including material changes in financial circumstances, employment status or marital status of either party. The understanding was an inducement and condition precedent to the execution of the overall Agreement. 17. LIFE INSURANCE. For so long as HUSBAND is able to do so at no cost to himself, he hereby agrees to designate WIFE as the irrevocable primary beneficiary on a life insurance policy insuring the life of HUSBAND as .provided by his employer. In the event that such life insurance policy ceases to be available to HUSBAND at no cost through his employer, WIFE may elect to pay any premium necessary to keep the policy in effect. 18. SPOUSAL SUPPORT. The parties acknowledge that HUSBAND is currently paying spousal support in the amount of $600.00 per month through the Cumberland County Domestic Relations Office. The parties agree that said payments shall cease effective on the date of this Agreement, at which time said Order shall terminate. Upon execution of this agreement, WIFE shall immediately file a Petition to Terminate the spousal support order. Any payment(s) made by HUSBAND after that date, not on arrears on the account, shall be deducted from HUSBAND's obligation to WIFE pursuant to Paragraph 16 hereof. In the event WIFE receives spousal support payments pursuant 7 to the Domestic Relations Order currently in effect after the date of this Agreement, she shall reimburse HUSBAND for the amount of such payments. As of the date of execution, WIFE shall not be entitled to make any other claims for, and expressly waives her right to, any support, alimony pendente lite or maintenance from HUSBAND, except that WIFE shall be entitled to any and all arrears which may be due and owing to her as of the date of execution. 19. REPRESENTATION BY COUNSEL. The parties acknowledge that both have sought or have had the opportunity to seek independent legal counsel. The parties further acknowledge that WIFE is represented by C. Doran Vance, Jr., Esquire and HUSBAND is represented by Kathy M. Shughart, Esquire. Both parties have had every opportunity to consult with their own counsel, be advised by them and review in detail the contents of this Agreement before its execution. The parties, after consultation with their respective counsel, are satisfied with the distribution of the assets as set forth in this Agreement and that it is fair and equitable. 20. COUNSEL FEES. Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise 21. TAX ADVICE. Both parties hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been aclvised,~~y~theii•~respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8 j '. -.f. 22. COUNSEL FEES. Each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise. 23. BANKRUPTCY. It is hereby understood and agreed by and between the parties hereto that HUSBAND'S agreement for payments following the date of execution of this Agreement shall not be affected by any bankruptcy proceeding instituted by or against HUSBAND voluntarily or involuntarily, and should not be deemed to constitute or be dischargeable debt of a bankrupt. HUSBAND further warrants that he has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him which have been initiated by others. 24. DIVORCE. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers, or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 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 of such breach or seek such other remedies as maybe available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. FINANCIAL DOCUMENT DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although they have been advised that it is their legal right to have such disclosures prior to entering into this Agreement. By executing this Agreement, the parties hereby acknowledge their satisfaction with the information presently available to them and agree not to use non-disclosure as a basis to 9 overturn this Agreement. 27. EXECUTION OF DOCUMENTS. Both parties hereby agree to execute any documents required to implement this Agreement. 28. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. 29. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be effected by their subsequent reconciliation or resumption of marital relations unless the parties otherwise specifically agree in writing. 30. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there aze no representations, warranties, covenants or undertakings other than those expressly set forth herein. 31. MODIFICATION AND WAIVER A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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 similaz nature. 32. PARTIAL INVALIDITY. If any provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 33. VOLUNTARY EXECUTION. The parties hereby acknowledge that this Agreement is fair and equitable and that it is entered into freely and voluntarily, and that it is not the result of any duress or undue influence. 34. AGREEMENT TO BE INCOR_pOR_ATED INTO DIVORC . DErRF.F, The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which maybe entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purposes of enforcement of any of the provisions thereof. 10 35. APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 36. BINDING EFFECT. Except as otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, executors, or administrators of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS: _ ~ ~~ ~ ~~~ Di C. Zoeller ~.~Z David L. oell COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of , 2004, before me, the undersigned officer, a Notary blic in and for said County fate, personally appeared DIANA C. ZOELLER, lrnown to me satisfactorily prove be the person whose name is subscribed to the within instrument, and a owledged a above Marital Settlement Agreement to be her voluntary act and deed. IN WITNESS WHEREOF, I have h o set my hand and seal. Notary 11 ~• Witness .1 w [ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the day of , 2004, before me, the undersigned officer, a No Public in and for said ty and State, personally appeared DAVID L. ZOELLER, lrnown to a or satisfactori rover to be the person whose name is subscribed to the within instrument, ackno edged the above Marital Settlement Agreement to be his voluntary act and deed. IN WITNESS WHEREOF, I ve eunto set my hand and seal. Public 12 COMMONWEALTH OF PENNSrivANIA " STATE EMPLOYEES' RETIREMENT SYSTEM LEGAL QFFICE 80 NORTH THIRD STREET, 8UITE 150 HARRISBURG, PA 17101-1716 TELEPHONE: 717.783-7317 FAX: T17-767-'751 wwM1-8er~.Stdbe.Da.u9 May 24, 2010 Via Facsimile to (7171671-9601 and First Class Mail lathy NI. Shughart, Esquire 27 S. Arlene Street P.O. Box 6313 Hazrisburg, PA 17112-031 S RE: Zoeller v. Zoeller Cumberland County No. 01-1785 Civil Term Domestic Relations Order bear 1Vfs. Shughart: Upon examination of the draft Domestic Relations Ol;dez for the above-referenced matter included with your May 20 correspondence, I am pleased to inform you that the DRO appears to be ready for execution and filing. Once the Order has been approved and ezrtered please send a certified copy of the executed DRO bearing the Prothonotary's original seal or certification stamp dixectly to mc. I will fozward the documezrt to our Benefits Determination Division with a recommendation that the DRO be autroved by SERS. ~~ Plcz~c l,c sulvinc~l [l~l. iL i~ u~l, uc~c~szur fui Ilic ru:l.ub.1 DRO W wutuiu Qac ~lic~' full Social Security numbers. A statement of the parties' social Security numbers on your letterhead submitted with the certif ed copy of the DRO will be sufficient for SERS to process the order, if you have any questions concerning this matter, please feel &ee to contact me. Thank you for your cominuing courtesy and cooperation. sincerely, Salvatore A. Darigo, Jr. Counsel State Employees' Retirement System cc; C. Dozat~ Vance, Jz"., Esquil;e (via mail only) EXHIBIT B DIANA ZOELLER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-1785 -Civil Term DAVID LEE ZOELLER, :Civil Action -Law Defendant :Divorce STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of , 2010, The parties, Diana C. Zoeller, Plaintiff, and David Lee Zoeller, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, David Lee Zoeller, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. §5101-5956 (hereinafter referred to as "Retirement Code"). 3. Member's date of birth is May 22, 1950, and his Social Security number is ***- * *-1999. 4. The Plaintiff, Diana C. Zoeller, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is October 13, 1953 and her social security number is * * *-* *-3191 EXHIBIT C 5. Member's last known address is: 319 Brittany Lane Mt. Joy, PA 17552 6. Alternate Payee's current mailing address is: 1471 Hillcrest Court Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee's share of the Member's retirement benefit shall be calculated as fifty-five (55%) percent of the marital component of Member's retirement benefit as her equitable distribution portion of this marital asset. The marital component shall be defined as the portion of Member's retirement benefit which accumulated from June 19, 1995 (the date of employment) to the date of separation, November 1, 2000. 8. Member's retirement benefit is determined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability, which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in paragraph (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purpose of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS, which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an application for retirement allowance with SERS. 11. In the event of the death of Alternate Payee prior to receiving all payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to the Alternate Payee`s estate to the extent of her equitable distribution share. 12. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public employee Pension Forfeiture Act, 43 P.S. § 131 1, et seq. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increase based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereto place their hand and seals. David Lee Zoeller, Defendant/Member Kathy M. Shughart, Esquire Attorney for Defendant/Member Diana C. Zoeller, Plaintiff/Alternate Payee C. Doran Vance, Jr., Esquire Attorney for Plaintiff/Alternate Payee Kathy M. Shughart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 Phone: (717) 540-8511 Fax: (717) 671-9601 May 13, 2010 Debra G. Murphy, Director Benefit Determination Director State Employees' Retirement System 30 North Third Street, Suite 1 ~0 I-Iarrisburb, PA 17101-1716 Rc: Domestic Relations Order/ David L. Zoeller Dear Ms. Murphy: Enclosed please find a draft Domestic Relations Order for your review and approval prior to execution and submission to the court. I anticipate that I will receive an indication of your approval via written communication. however, please do not hesitate to contact me should you have any questions or require any additional information. Thank you. Cordially, ~, °~ Kathy M. Shughart, Esq. enclosures ce: David Zoeller C. Doran Vance, Jr., Esquire ___ EXHIBIT D ~. COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM ' LEGAL OFFICE 30 NORTH THIRD STREET, SUITE 150 HARRISBURG, PA 17101-1718 TELEPHONE: 717-783-7317 FAX: 717-787-5751 virww.sers.state. Da. us May 19, 2010 Via Facsimile to (7171671-9601 and First Class Mail Kathy M. Shughart, Esquire 27 S. Arlene Street P.O. Box 6313 Harrisburg, PA 17112-0315 RE: Zoeller v Zoeller Cumberland County No. 01-1785 Civil Term Domestic Relations Order Dear Ms. Shughart: Please be advised that your May 13 correspondence to Debra Murphy has been referred to me for review. Upon examination of the draft Domestic Relations Order ("DRO") enclosed with your letter, I have determined that the following changes are necessary in order for the DRO to be acceptable to SERS: Please add the following paragraph to the DRO: "In no event shall Alternate Payee have benefits. or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq." Additionally, please make sure that valid Social Security Numbers for both the Member and Alternate Payee are either included in the DRO or submitted with the certified copy of the DRO. SERS cannot process payment without valid Social Security Numbers for both Member and Alternate Payee. EXHIBIT E Kathy M. Shughart, Esq. May 19, 2010 Page 2 After preparing a new draft of the DRO incorporating the changes set forth above, please send me a copy of the revised draft for further review. Kindly note that SERS is a governmental pension plan not subject to .the Qualified Domestic Relations Order rules established by ERISA and the Retirement Equity Act. In the absence of an approved DRO or court order freezing the benefit, a member of SERS cannot be prevented from exercising the rights granted by the State Employees' Retirement Code, including the right to make irrevocable retirement option elections. In the event a member of SERS enters pay status prior to the entry and approval of a DRO, SERS cannot withhold the alternate payee's share from benefit payments made to the member prior to approval of the DRO or make retroactive payments to the alternate payee after the DRO is approved and placed on file. Of course, if you have questions or concerns regarding this matter please do not hesitate to contact me. Thank you for your courtesy and cooperation. Sincerely, .... 1 f Salvatore 'A. Darigo, Jr. Counsel State Employees' Retirement System cc: C. Doran Vance, Jr., Esquire (via mail only) Kathy M. Shughart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 IVIav 20.2010 Salvatore A. Darigo, Jr., Esquire State Employees' Retirement System 30 North Third Street, Suite 1 ~0 Harrisburg, PA 17101-1716 Re: Dear Ivtr. Darigo: Phone: (717) 540.8511 Fax: (717) 671-9601 Domestic Relations Order/ David L. Zoeller Enclosed please tlnd a revised dratt of the Stipulatiun for Domestic Relations Order for your review and approval prior to e~cecution and submission to the court. I have included the paragraph you requested. I will certainly include complete social security numbers in your copy of the Stipulation, however, under the most recent local rules. I am no longer permitted to file complete social security numbers in pleadings and documents. Thank you for your continued cooperation. Cordially, Kathy enclosures cc: David Zoeller C. Doran Vance, Jr., Esquire ~- >~~ ~~ (hart, Esq. EXHIBIT F Kathy M. Shughart Attorney at Law 2T South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 May 25, 2010 C. Doran Vance, Jr., Esquire 1917 Grist Mill Circle Hershey, PA 17033-8924 Phone: (71T) 540-8511 Fax: (717) 671-9601 Re: Domestic Relations Order/ David L. Zoeller Dear Chip: Enclosed please find the Stipulation for Domestic Relations Order for your client's signature. This has been approved by PSERS. Kindly have her sign and return to me. David is preparing to retire so she will soon begin receiving her share of his retirement. The faster we can get this signed and before the court, the faster she will begin to receive the payment. Thank you for your anticipated cooperation. Cordially, V' ~' Kathy M. Shughart, Esq. enclosures cc: David Zoeller EXHIBIT G ~ ~ t Kathy M. Shughart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 July 6, 2010 Diana Zoeller 1471 Hillcrest Court APT 703 Camp Hill, PA 17011 Phone: (717) 540-8511 Fax: (717)671-9601 Re: Zoeller v. Zoeller /Divorce Dear Diana: I spoke with your attorney, C. Doran Vance, and he advised that I contact you directly. Enclosed please f+nd a Stipulation for Domestic Relations Order which requires your signature. David is preparing to retire and this document must be signed and presented to the court before either of you are able to receive his benefits. Once this Stipulation is processed, you will begin receiving your payments directly from the PSERS. Thus, it is important that you sign and return this document to me as soon as possible. The faster we can get this signed and before the court, the faster you will begin to receive your payments. Thank you for your anticipated cooperation. Cordial Kathy M cc: David Zoeller EXHIBIT H ~ ~ Kathy M. Shughart Attorney at Law 27 South Arlene Street P.O. Box 6315 Harrisburg, Pennsylvania 17112-0315 Diana Zoeller 1471 Hillcrest Court APT 703 Camp Hill, PA 17011 Phone: (717) 540-8511 Fax: (717) 671-9601 September 13, 20 ] 0 Re: Zoeller v. Zoeller /Divorce Dear Diana: Enclosed please find a Stipulation for Domestic Relations Order which requires your signature. David is preparing to retire and this document must be signed and presented to the court before either of you are able to receive his benefits. Once this Stipulation is processed, you wil! begin receiving your payments directly from tl~e PSERS. Thus, it is important that you sign and return this document to me as soon as possible. The faster we can get this sinned and before the court, the faster you will begin to receive your payments. This is the same Stipulation that 1 have previously scat to your attorney on May 25, ?010 and to you on July 6, ?010. Thank you for your anticipated cooperation. cc: David Zoeller Cordially, l~-~' by M. hughart, Esq. EXHIBIT 1 • ~ ~ DIANA ZOELLER, Plaintiff v. DAVID LEE ZOELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-1785 -Civil Term Civil Action -Law Divorce CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Petition For Contempt and For Sanctions on the persons and in the manner indicated below, which service satisfies the requirements of Pa.R.Civ.P. 400. Service by first class mail, addressed as follows: C. Doran Vance, Jr., Esq. 1917 Grist Mill Circle Hershey, PA 17033-8924 Diana Zoeller 1471 Hillcrest Court APT 703 Camp, Hill, PA 17011 Dated: 11/1/10 27 S. Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 OV 0 2 2010, DIANA ZOELLER, Plaintiff V. DAVID LEE ZOELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-1785 - Civil Term Civil Action -Law - Divorce j r 0 RULE TO SHOW CAUSE ;? day of 2010, upon g AND NOW this io. consideration of Defendant's Emergency Petition for Contempt and for Sanctions, a Rule is granted upon Plaintiff, Diana Zoeller, to show cause why the following should not be granted: A. Plaintiff is in Contempt and has willfully violated the terms of the Marital Settlement Agreement dated November 3, 2004 as incorporated into the Divorce Decree dated December 6, 2004, by her refusal to execute the Stipulation for Domestic Relations Order. B. Plaintiff shall execute the Stipulation For Domestic Relations Order within five days or shall forfeit distribution of Defendant's retirement under Paragraph 9 of the Marital Settlement Agreement dated November 3, 2004. C. The Stipulation For Domestic Relations Order shall be deemed to be executed by Plaintiff by Order of this Court and the Stipulation shall be entered as an Order of Court. D Plaintiff shall also pay to Defendant all costs and fees associated with the preparation and prosecution of this Petition for Contempt; Rule returnable on ` ? "L /s0 *yc, 4 ' bff the Honorable ycjW C9'? ? ?, I 9 etr z43 ore ) J. DIANA ZOELLER, Plaintiff V. DAVID LEE ZOELLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-1785 -Civil Term Civil Action -Law Divorce STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this`-1 day of , 2010, The parties, Diana C. Zoeller, Plaintiff, and David Lee Zoeller, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, David Lee Zoeller, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. §5101-5956 (hereinafter referred to as "Retirement Code") 3. Member's date of birth is May 22, 1950, and his Social Security number is ***- **-1999. 4. The Plaintiff, Diana C. Zoeller, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is November 13, 1953 and v? ? E^5? her social security number is ***-**-3191 5. Member's last known address is: 319 Brittany Lane Mt. Joy, PA 17552 6. Alternate Payee's current mailing address is: 1471 Hillcrest Court Apt 703 Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. The Alternate Payee's share of the Member's retirement benefit shall be calculated as fifty-five (55%) percent of the marital component of Member's retirement benefit as her equitable distribution portion of this marital asset. The marital component shall be defined as the portion of Member's retirement benefit which accumulated from June 19, 1995 (the date of employment) to the date of separation, November 1, 2000. 8. Member's retirement benefit is determined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability, which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in paragraph (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion (`Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purpose of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS, which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an application for retirement allowance with SERS. 11. In the event of the death of Alternate Payee prior to receiving all payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to the Alternate Payee's estate to the extent of her equitable distribution share. 12. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public employee Pension Forfeiture Act, 43 P.S. § 1311, et seq. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increase based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereto place their hand and seals. DIANA ZOELLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-1785 CIVIL TERM DAVID LEE ZOELLER, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 15th day of November, 2010, upon motion of the Defendant, the Petition for Contempt is withdrawn. By th , Edward E. Guido, J. Diana Zoeller 1471 Hillcrest Court Apartment 703 Camp Hill, PA 17011 Plaintiff, Pro se Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Attorney for Defendant srs Go-c t cs, Gl.? I ° o rn . ? Z CD - r v rn ° o C-) = C:) SAC a ? C) ?? p i DIANA ZOELLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 01-1785 - Civil Term DAVID LEE ZOELLER, Civil Action -Law Defendant Divorce ORDER day of , 2010, AND NOW, this 1541 the attached Stipulation for Entry of Domestic Relations Order dated /) ?? of the parties in this case is incorporated, but not merged, into this Order of Court. C-) C7 rn :r m ? C? -r' cn r?-z _ rn rn oC? ?. X -n _zo i ? ?' °rn -? cn ;,y J < ?Diisstribution: Kathy M. Shughart, Esquire, 27 South Arlene Street, P. O. Box 6315, Harrisburg, PA 17112-0315