Loading...
HomeMy WebLinkAbout03-2089SCOTT ZOELLER, Vo CATHERINE ZOELLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :NO. 2003 -~OoV] CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 SCOTT ZOELLER, CATHERINE ZOELLER, Plaintiff De~ndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 0...1- ,y, o ~,si CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is SCOTT ZOELLER, who currently resides at 17 Sandy Bottom Road, Carlisle, Cumberland County, Pennsylvania, since June 2001. 2. Defendant is CATHERINE ZOELLER, who currently resides at 17 Sandy Bottom Road, Carlisle, Cumberland County, Pennsylvania, since June 2001. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on November 1, 1992, in Springfield, Union County, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available, and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Scott Zoeller, ANDREWS & JOHNSON By: T~ /~Srneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 SCOTT ZOELLER, Plaintiff CATHERINE ZOELLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-2089 CIVIL TERM : IN DIVORCE MARITAL SETTLEMENT AGRI;EMENT AGREEMENT, made this [ 7 day of_~_, 2004, between SCOTT ZOELLER (hereinafter called "Husband") and CATHERINE ZOELLER (hereinafter called "Wife"). WITNESSETH: The parties hereto are Wife and Husband, having been married on November 1, 1992, at Springfield, Union County, New Jersey. There were no children born of this marriage. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without ]limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of ail matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and ail claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and vaiuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection; that Husband has been independently represented by Taylor P. Andrews, Esquire, and that Wife, aware of her right to legal representation, declares that it is her express, voluntary and knowing intention not to obtain counsel and she chooses instead to represent herself with respect to the preparation and execution of this Agreement. 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or b{mefit, conduct, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or n,~sulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 3. PERSONAL PROPERTY Wife and Husband do hereby acknowledge they have lheretofore divided the marital tangible personal property, including, but without limitation, jewelry, clothes, furniture and other tangible personal property, and hereafter, Wife agrees that all of the tangible personal property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all tangible personal property in the possession of Wife shall be the sole and separate property o£Wife. Each of the parties does hereby specifically 'waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items that are the sole and separate property of the other. Husband and Wife agree that the inventory of marital property attached hereto is a fair and complete compilation of their marital property. It is agreed that the intangible personal property shall be divided as follows: From the proceeds of the sale of the marital home held in escrow by Taylor P. Andrews, Esq. the following payments shall be made within 7 days of the entry of a divorce decree: $10,000 paid to Sabina Kruczak, $20,500 paid to Wife, Payoff existing balance of Capital One credit card account, The remaining balance paid to Husband. Husband shall transfer $34,246 from his retirement benefits from A&P to Wife by a Qualified Domestic Relations Order, or a comparable method that will avoid taxation at the time of transfer and will transfer the funds to Wife as pretax dollars. Husband shall bear all expenses in making this transfer and shall proceed to accomplish the transfi~r without unnecessary delay. All other intangible personal property shall remain ovmed by the possessor or registered owner of the asset free and clear from any claim from the other party to this agreement. Henceforth, each of them shall own, have and enjoy independently of any claim or right of the other all items of personal property of every kind, now and hereafter owned, or held by him or her, with full power to dispose of same as fully and effectively in all respects and for all purposes as if he or she were married. 4. REAL PROPERTY Husband and Wife owned a marital residence at the time of separation. The residence has been sold and the proceeds of sale are equitably divided by the provisions of section 3 of this agreement. There was no other real property owned by the pm~ies. 5. SUPPORT and ALIMONY Commencing at the time of the Divorce of the parties, ttusband agrees to pay to Wife $600 per month as Alimony for her separate support and maintenance until his death, her death or her remarriage, or two years has elapsed from the date of the divorce decree, whichever comes first. This Alimony shall not be modified in amount and may not be extended in duration. Husband will cooperate by filing stipulations with the Cumberland County Court, Domestic Relations Divisions so this Alimony may be entered as a court order without the need for a court appearance by Wife. Wife agrees that Husband's obligation for spousal support shall terminate at the time of divome and that any funds paid on the support obligation for a time after the divorce of the parties may he applied to Husband's obligation to pay alimony. It is understood and agreed that the monthly payments to Wife shall be tax deductible to Husband and taxable to Wife. 6. LIABILITIES Wife and Husband each covenant, warrant and represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other prior to or after the effective date of this Agreement, except as may be otherwise provided by the terms of this Agreement. 7. DIVORCE This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds ~mw exist or shall hereafter exist or to such defense as may be available. It is agreed that this Agreement shall not be impaired by any divorce decree that may be granted but shall continue in full force and effect notwithstanding the granting of any such decree. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy diffi~rences which have occurred prior to or which may occur subsequent to the date hereof. A divorce action has been filed at the term and number referenced above. Husband and Wife agree to sign an Affidavit of Consent and Waiver of Notice of Motion for Final Decree in Divorce at the same time that this agreement is signed so that a Divorce may be obtained without delay. The terms of this agreement shall be incorporated by reference in the Decree divorcing the parties, but this agreement shall not merge with the Decree. If either party shall need to petition the Court or file a complaint to enforce a provision of this agreement, the prevailing party in such a proceeding may be entitled to receive fi.om the other party reasonable counsel fees related to the enforcement action. 8. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, conlzacts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curlesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 9. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will fo~hhwith (and within at least thirty days after demand therefore) execute any and all written instnmtents, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel sJhall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 7 10. SUCCESSORS' RIGHTS AND [,lABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 11. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enfomeable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 12. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13. SEPARABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 14. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 15. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 16. CONTROLLING LAW This Agreement shall be construed in accordance with the; laws of the Commonwealth of Pennsylvania. IN WITNESS WItEREOF, the parties hereto have set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. /3~2ness Husband ,4 - -- ~-~-' SCOTT ZOELLER, CATHERINE ZOELLER, Plaintiff De~ndant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003 -2089 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this ~7~ day of May 2003, I, Taylor P. Andrews, Esquire, attorney for Scott Zoeller, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend and Claim Rights, executed by the Plaintiffin the above-captioned matter, upon the Defendant at her residence at 17 Sandy Bottom Road, Carlisle, PA 17013, by depositing the same in the U.S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on May 6, 2003, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. ANDREWS & JOttNSON ~omey foJ~ay}°r P' ~t pl~-~r~i.;:~f~sq' _S~and subscribed to before me this day of Ma ~ NoO blic NOTARIAL SEAL SHELLY SEXTON, Notary Public Cariisle 80to, Cumberland County Commis~ion Exptre~ April 26, 2007 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse at e can return the card to you. s.?.th ~ ~is card to the back of the maitpiece, ace permits. 1 ~,r~icle ~ddressed to: n h ~-t Agent Jifferent from item 17 ~ below: ~ No Express Mail ei t for Merchandise ~eturnRec P c.o.~ ...~..  102595-00-M-{)952 PS Form 3811, July 1999~-. , . ' ' ~ Exhibit A SCOTT ZOELLER, CATHERINEZOELLER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003 -2089 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 2, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divome after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Scott Zoeller,'Plaintif~ '~ - ~7~ N SCOTT ZOELLER, CATHERINE ZOELLER, Plaintiff De~ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 -2089 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF TItE 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Scott Zoeller, Plaintif~) - SCOTT ZOELLER, CATHERINE ZOELLER, Plaintiff De~ndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 -2089 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 2, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tree 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. Catherine~er, Defendant SCOTT ZOELLER, CATHERINE ZOELLER, Plaintiff De~ndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003 -2089 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTEr~ITION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF TItE 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 divomed until a divome 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Catherin~ Za~, Defendant SCOTTZOELLER, CATHERINE ZOELLER, Plaintiff De~ndant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003 -2089 CIVIL TERM : IN DIVORCE ~RAECIPE TO TRANSMIT RECORr~ TO THE PROTHONOTARY: Transmit the record, together with the following infortnation, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown undter Section 3301(c) of the Divorce Code. 2 Date and manner of service of the complaint: lVlay 6, 2003 by restricted certified mail, return receipt requested. the 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of Divorce Code: by the Plaintiff April 27, 2004; by Defendant May 13, 2004. 4. Related claims pending:_ None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was flied with the Prothonotary: May 19, 2004 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 19, 2004 Date: May 19, 2004 ANDREWS & JOHNSON 78d~est Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. SCOTT ZOELLER Plaintiff Versus CATHERINE ZOELLER ....... Dgfendant No ........... 92zg. g.8~ ................ 19 DECREE IN DIVORCE AND NOW ...... ¥.V.,...t'~.~.....~...'f. ....... :{~..~00.4, it is ordered and decreed that ...... s¢o?~ .~..o.s~.~..~ ...................... plaintiff, and ................... CA.T.~ERINE. ZQELLEP~ .................. defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of re, co, r~s action for which a final order has not yet been entered;