HomeMy WebLinkAbout01-03321
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
STATE OF
Kathleen K. Zimmerman
NO.
01-3321
VERSUS
Donald R. Zimmerman
AND
DECREE IN
DIVORCE
NOW,~~ ""/"0 ~l..;-iT IS ORDERED AND
Kathleen K. Zimmerman
DECREED THAT
, PLAINTIFF,
AND
Donald R. Zimmerman
, DEFENDANT,
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ARE DIVORCED FROM THE BONDS OF MATRIMONY. The tenus of the Marriage
Settlement Agreement dated February 6, 2002 are incorporated herein.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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None
PROTHONOTARY
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AGREEMENT
BETWEEN
KATHLEEN K. ZIMMERMAN
AND
DONALD R. ZIMMERMAN
Kathleen Carey Daley, Esquire
Counsel for Wife
Donald R. Zimmerman
Pro Se
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TABLE OF CONTENTS
SECTION I:
Introduction .........,....................,....."..",..,.................... 3
SECTION II:
General Provisions . . . . . . . . . . . . . . . . . . . . . , , . , , . . . . . . . . . . . . . . . . , , . , , , . . . . . . . . . . . . . 4
SECTION III:
Alimony, Alimony Pendente Lite and Custody Provisions . . . . . , . , , . . . . . . . . . . . . . . . . , , . , 10
SECTION IV:
Property Distribution Provisions .......,..."".,..........,."",.............., 11
SECTION V:
Closing Provisions and Execution, , . . , . . . . . . . . , , , , , . . . . . . . . . . , . . , , , . . . . . . . . . . . . . , 14
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SECTION I
INTRODUCTION
THIS AGREEMENT made this [p+k day of
between Kathleen K. Zimmerman ("Wife") and Donald R. Zimmerman
, 2002, by and
usband").
WITNESSETH:
WHEREAS, Kathleen K. Zimmerman, Social Security Number 225-66-6951, was born on
January 30, 1964, and currently resides at 1007 Baythome Drive, Mechanicsburg, Pennsylvania
17050,
WHEREAS, Donald R. Zimmerman, Social Security Number 176-64-6494, was born on
August 12, 1966, and currently resides at 3339 Honeyrun Drive, York, Pennsylvania 17404.
WHEREAS, the parties hereto are Husband and Wife, having been married on October 30,
1999, in Camp Hill, Cumberland County, Pennsylvania,
WHEREAS, the parties have one minor child, to wit: Russell Lee Zimmerman, DOB
04/11/00.
WHEREAS, 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 are desirous of settling fully and finally their respective financial
and property rights and obligations as between each other, including, without limitation, the settling
of all matters between them relating to the ownership of real and personal property, the equitable
distribution of such property; the settling of all matters between them relating to the past, present and
future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the
settling of any and all claims and possible claims by one against the other or against their respective
estates.
WHEREAS, the parties executed a Pre-nuptial Agreement dated October 26, 1999, which
set forth their right, duties and responsibilities in the event of a separation and divorce. The terms
contained in this Agreement shall be in full satisfaction of all obligations either party owes to the
other, pursuant to the laws ofthe Commonwealth of Pennsylvania regarding domestic matters and/or
the provisions provided in this Pre-nuptial Agreement.
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NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for
other good and valuable considerations, Wife and Husband, each intending to be legally bound
hereby agrees as follows:
SECTION II
GENERAL PROVISIONS
1. MUTUAL CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of
g3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to
effectuate a divorce under those provisions concurrently with the execution of this Agreement.
2. EFFECT OF DIVORCE DECREE
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties.
3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE
DECREE
The provisions of this Agreement may be incorporated by reference but shall not be deemed
merged into any judgment or decree for divorce obtained by either party. This Agreement shall
survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend
that all obligations contained herein shall retain their contractual nature in any enforcement
proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement
action filed to the divorce complaint.
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4. DATE OF EXECUTION
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties ifthey have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" ofthis Agreement shall be defined as the date
of execution by the party last executing this Agreement.
S. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Kathleen Carey Daley, Esquire, Husband acknowledges that he has the right to be
represented by an attorney in this matter, but has chosen to proceed without the advice or assistance
oflegal counsel. The parties acknowledge that they fully understand the facts and have been fully
informed as to their legal rights and obligations, and they acknowledge and accept that this
Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and
voluntarily, after having received such advice and with such knowledge and that execution of this
Agreement is not the result of any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
6. TAX PROVISIONS
The parties believe and agree, and have been so advised by their respective attorneys, that
the division of property heretofore made by this Agreement is a non-taxable division of property
between co-owners rather than a taxable sale or exchange of such property. Each party promises not
to take any position with respect to the adjusted basis of the property assigned to him or her or with
respect to any other issue which is inconsistent with the position set forth in the preceding sentence
on his or her federal or state income tax returns,
The parties have heretofore filed joint federal and state tax returns, Both parties agree that
in the evertt any deficiency in federal, state or local income tax is proposed, or any assessment of any
such tax is made against either ofthem, each will indemnifY and hold hannless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely
and entirely by the individual who is finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate income on the aforesaid joint retums.
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7. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall
be free from any contact, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as ifthey were unmarried. Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her may
seem advisable, 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 whatsoever with him or her.
8. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
A. Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which either
may have, or at any time hereafter have for past, present or future support or maintenance, alimony
pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and
amendments, as well as under any other law of any other jurisdiction, and the Pre-nuptial Agreement
executed by the parties on October 26, 1999, except and only except all rights, agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the breach
of any provision thereof. Neither party shall have any obligation to the other not expressly set forth
herein.
B. Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrations, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be effective
regardless of whether such claims arise out of any former or future acts, contracts, engagements or
liabilities or the other or by way of dower, courtesy, widow'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 Pennsylvania, any state,
commonwealth or territory or the United States, or any other country. It is expressly understood,
however, that neither the provisions of this release nor the subsequent entry of a divorce decree are
intended to defeat the right of either party to receive any insurance proceeds at the death ofthe other
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of which she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest
or residuary portion of the other's estate under his or her will, or to act as personal representative or
executor if so named by the will of the other, whether such will was executed prior or subsequent
to this Agreement.
C. Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations ofthe parties contained in this Agreement and such rights as are
expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or demands
whatsoever, in law or in equity, which either party ever had or now has against the other.
9. FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware ofthe extent of each other's
income, assets, liabilities, holdings and estate, Each of the parties acknowledges that he or she is
aware of his or her right to seek discovery including, but not limited to, written interrogatories,
motions for production of documents, depositions and all other means of discovery permitted under
the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is
necessary for the execution of this Agreement.
10. PRESERVATION OF RECORDS
Each party will keep and preserve for a period offour (4) years from the date of their divorce
decree all financial records relating to the marital estate, and each party will allow the other party
access to those records in the event oftax audits.
11. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature,
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12. REMEDIES IN THE EVENT OF A BREACH
Any party breaching this Agreement shall be liable to the other party for all costs, including
reasonable counsel fees incurred by the non breaching party to enforce his or her rights under the
provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of
whether litigation is instituted. In the event of default of any of the provisions of this Agreement by
one of the parties, the remedies available to the other are cumulative and include all remedies at law
and in equity, including those for breach of contract, under theories or equity, under the Domestic
Relations Code as amended, including 9 3105 of the Domestic Relations Code (which includes
contempt) as if this Agreement had been an Order of Court, and shall not be limited to those
remedies specifically referred to in this Agreement.
13. LAW OF PENNSYL VANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
14. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
15. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them, There are no representations or warranties other
than those expressly set forth herein,
16. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most
after demand thereof) execute any and all written instruments, assignments, releases, satisfactions,
deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of
this Agreement.
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17. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance
of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to
enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver
of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of strict performance of any other obligations herein.
18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be deemed
to be a separate and independent covenant and agreement. Ifanyterm, condition, clause or provision
of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligations under anyone or more of the paragraphs herein,
with the exception ofthe satisfaction of any conditions' precedent, shall in no way avoid or alter the
remaining obligations ofthe parties.
19. MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail,
return receipt requested, to Kathleen K. Zimmerman, 1007 Baythorne Drive, Mechanicsburg,
Pennsylvania 17050, or counsel for Kathleen K. Zimmerman, or such other address as Wife from
time to time may designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified mail,
return receipt requested, to Donald R. Zimmerman, 3339 Honeyrun Drive, York, Pennsylvania
17404, or counsel for Donald R. Zimmerman, or such other address as Husband from time to time
may designate in writing.
20. HEADINGS NOT PART OF AGREEMENT
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 meaning, construction or effect.
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SECTION III
ALIMONY AND ALIMONY PENDENTE LITE AND CUSTODY PROVISIONS
1. ALIMONY AND ALIMONY PENDENTE LITE
The parties acknowledge and agree that the provisions of this Agreement providing for
equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted
by them in lieu of and in full and final settlement and satisfaction of any claims or demands that
either may now or hereafter have against the other for support, maintenance, alimony pendente lite
or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right
to seek from the other payment for support, maintenance, alimony pendente lite or alimony.
2. CUSTODY
Wife, Kathleen K. Zimmerman, shall have sole physical and legal custody of the child,
Russell Lee Zimmerman, DOB Aprilll, 2000. It is anticipated that this child will continue to reside
with his mother on a full-time basis and that he shall be afforded periods of visitation with his father,
Donald R. Zimmerman, at such times and under such circumstances as the parties can mutually
agree.
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SECTION IV
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all ofthe property in the possession of Wife
shall be the sole and separate property of Wife. The parties do hereby specifically waive, release,
renounce and forever, abandon any claims which either may have with respect to the above items,
which shall thereafter be the sole and exclusive property of the other.
2. PRE-NUPTIAL AGREEMENT
A. On October 26, 1999, prior to their marriage, the parties executed an Agreement
which addressed the limitation of economic remedies in the event that their marriage were to end by
death or divorce,
B. At that time, the assets ofKathleenL. Kohlhaas, n/k/a Kathleen K. Zimmerman, were
listed along with the outstanding liabilities, Those were attached to the Agreement and marked as
Exhibit "A." That schedule is attached hereto and marked as Exhibit "A."
C. The assets and liabilities of Donald R. Zimmerman were also detailed and attached
to that Agreement as Exhibit "B." That document is attached hereto as Exhibit "B."
D. The parties have agreed in full and final satisfaction of any and all claims of any
nature, that the items detailed on Exhibit "B" shall remain Husband's property, free of any claim of
Wife. It is recognized that some of these assets have been sold and the schedule of debt as provided
of Exhibit "B" is no longer accurate. The parties also agree that all ofthe assets listed on Exhibit "A"
shall be the sole and separate property of Wife free from any claim of Husband.
E, Since the time the parties were married, there has been an appreciation in the value
of certain non-marital assets that may have been considered to be marital property under the terms
ofthis Agreement. There have also been the transfers of certain assets from non-marital property into
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marital property, to wit: the home located in Hampden Township, Pennsylvania, the unimproved
building lot located in Dauphin County, Pennsylvania, etc, Other assets have also been acquired by
the parties.
The parties agree to the following:
1.) The home located at 1007 Baythome Drive, Hampden Square,
Mechanicsburg, Pennsylvania 17050, shall be the sole and separate property of Wife,
Husband agrees to execute a deed or any other document of conveyancing provided
by Wife to transfer all right, title and interest in this property to her.
2.) The unimproved building lot located in Fishing Creek Valley,
Dauphin County, Pennsylvania, and identified as Lynden Lane, Lot 27, shall be the
sole and separate property of Wife, free from any claim of Husband, Husband agrees
to execute a deed or any other instrument of conveyancing necessary to effectuate
this transfer. This property is identified as property ill No. 43 011109.
3.) The parties acquired two motor vehicles during the course of their
marriage, which included a 2000 Land Cruiser, which is the vehicle used by Wife,
She shall retain sole and separate ownership ofthis assets, free from any claim of any
nature from Husband. She shall be solely responsible for any liability related to this
vehicle.
The parties also purchased a 2000 Ford truck, which was used by Husband.
There was no debt on this vehicle and the parties agree that all right, title and interest
in this vehicle shall be Husband's sole property, It is acknowledged that this truck has
been traded in by Husband for a new vehicle since separation and Wife releases any
claim of any nature that she may have to this or any vehicle in Husband's possession.
4,) Wife shall also remain the sole owner of any investments which are
titled in her name and which include, but are not limited to, the following accounts:
(a) The Royce Funds
(b) Invesco Funds
(c) Janus Funds
(d) Charles Schwab IRA
(e) Strategic Asset Management with L.P,L. Financial
Services
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(f) Members First Federal Credit Union savings and
share accounts
(g) Paine Webber Investment Account
(h) Paine Webber Mutual Funds
(i) American Skandia
(j) Wasatch Funds
5,) Husband shall receive the sum of$75,000 in full satisfaction of any
claim of any nature he has to any of the assets owned by Wife which are specifically
enumerated herein as well as any assets which may have been inadvertently omitted
from this listing. Husband acknowledges that he is receiving these sums in
satisfaction of his claims under the provisions of the Divorce Code of 1980, as
amended, and under the provisions of the Pre-nuptial Agreement that was executed
by the parties on October 26, 1999, and that no further claim of any nature shall be
made now or in the future of Wife related to the marital relationship,
6.) Any other asset not specifically distributed herein shall remain the
property of the title holder, or if the property is not titled, of the party now in
possession of the property.
3. WAIVER OF PAYMENT OF LEGAL FEES
Each party hereby agrees to be responsible for any legal fees incurred on their behalf.
4. AFTER-ACOUlRED PROPERTY
Each ofthe 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
acquired by him or her after execution of this Agreement, with full power in him or her to dispose
of the same as fully and effectively, in all respects and for all purposes, as through he or she were
unmarried.
5. DEBTS
The parties have divided their financial obligations to their mutual satisfaction, Wife shall
indemnify Husband from any obligations in her name including the mortgage on the marital home
and the loan on her vehicle. Husband shall indemnify and hold Wife hannless from any and all
liability in his name including any vehicle loans or credit card accounts that he may have
accumulated prior to or after separation including any accounts in joint names used by Husband,
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SECTION V
CLOSING PROVISIONS AND EXECUTION
Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below.
IN WrrNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
set their hands and seals on the date indicated below.
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KATHLEEN K. ERMAN
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DONALD R. ZIMMERMAN
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KATHLEEN K. ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-3321
DONALD R. ZIMMERMAN,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under S3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: June 8, 2001 Attorney for Defendant
executed an Acceptance of Service which was filed with this court on June 14,2001.
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of con sent required by S3301(c) of
the Divorce Code: by Plaintiff: February 6,2002; by Defendant: January 30, 2002.
(b )(1) Date of execution ofthe affidavit required by S330 1 (d) ofthe Divorce
Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the
respondent: N/ A.
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4. Related claims pending: None
5. (Complete either (a) or (b).)
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record; a copy of which is attached: N/ A
(b) Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the
Prothonotary: February 19, 2002
Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with
the Prothonotary: February 19, 2002
athleen Carey Daley,
Attorney No, 30078 /
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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KATHLEEN K. ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
: NO. 01-3321 CIVIL TERM
DONALD R. ZIMMERMAN,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on May 31,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I 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,A. 94904 relating to unsworn
falsification to authorities,
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By: DO!~~~t
Date:
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KATHLEEN K. ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
: NO. 01-3321 CIVIL TERM
DONALD R. ZIMMERMAN,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER &330HC) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice,
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary,
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904 relating to unsworn
falsification to authorities,
Date:
l/!p/o:J..
By: ~~
DONALD R. Z RMAN, Defendant
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KATHLEEN K. ZIMMERMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
v.
: NO. 01-3321 CIVIL TERM
DONALD R. ZIMMERMAN,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on May 31,
2001.
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I 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.A. ~4904 relating to unsworn
falsification to authorities.
Date: .Ie.h b ,?CO,y
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By:
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KATHLEEN K. RMAN, Plaintiff
SocialSecurityNo. 0225-tt -6951
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KATHLEEN K. ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-3321 CIVIL TERM
DONALD R. ZIMMERMAN,
Defendant
: IN DIVORCE
W AlVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DNORCE DECREE
UNDER S3301(C) OF THE DNORCE 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 herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn
falsification to authorities.
Date: leb. h. ;/OOJ..
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KATHLEEN K. Z RMAN, Plaintiff
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KATHLEEN K. ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
: CIVIL ACTION - LAW
v.
DONALD R. ZIMMERMAN,
Defendant
: NO. 01- 33~(
: IN DIVORCE
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NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the 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, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013.
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
LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, P A 17013
717-249-3166
1-800-990-9108
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NOTICIA
Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion
do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A
EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL SERVICE
2 LffiERTY AVENUE
CARLISLE, P A 17013
717-249-3166
1-800-990-9108
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KATHLEEN K. ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
: CNIL ACTION - LAW
v.
: NO. Oi- 33 J-./ ~
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DONALD R. ZIMMERMAN,
Defendant
: IN DNORCE
COMPLAINT IN DIVORCE
COUNT I
DIVORCE
AND NOW comes the above Plaintiff, Kathleen K. Zimmerman, by her attorney, Kathleen
Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named
Defendant, upon the grounds hereinafter set forth:
1. The Plaintiff, Kathleen K. Zimmerman, is an adult individual who resides at 1007
Baythorne Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. The Defendant, Donald R. Zimmerman, is an adult individual who resides at Fox
Chase Drive, Apartment 3846B, Dover, York County, Pennsylvania 17315.
3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of
the Commonwealth of Pennsylvania for a. period of more than six months immediately preceding
the filing of this Complaint.
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4. The Plaintiff and Defendant were married on October 30, 1999, in Camp Hill,
Cumberland County, Peunsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service ofthe United States
or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of
1940 and its Amendments.
6. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is
proceeding are:
A. Section 3301(a)(6). Defendant has offered such indignities to the
Plaintiff, the innocent and injured spouse, as to render her condition intolerable and
life burdensome.
B. Section 330 1 (c). The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an Affidavit.
C. Section 330 1 (d). The marriage of the parties is irretrievably broken.
The Plaintiff and Defendant separated on November 23, 2000.
7. There have been no prior actions in divorce between the parties.
8. Plaintiffhas been advised of the availability of counseling and that Plaintiff may have
the right to request the parties to participate in counseling.
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9. The parties have entered into an agreement which governs their rights and duties
under the Divorce Code.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
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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.A. 94904 relating to unsworn
falsification to authorities.
By: ~uYItW~~
Kathleen K. Zl erman, PlamtIff
Date: "rrov... e:9Y),;)tb I
\Y
By:
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K thleen Carey Daley, Es u re
Attorney No. 30078
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
Attorney for Plaintiff
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KATHLEEN K. ZIMMERMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
: NO. 01-3321
DONALD R. ZIMMERMAN,
Defendant
: IN DNORCE
ACCEPTANCE OF SERVICE
I, Suzanne H. Griest, Esquire, do hereby accept service ofthe true and correct copy of the
Complaint in Divorce on behalf of my client, Donald R. Zimmerman, the Defendant in the above
case.
Respectfully submitted,
GRIEST, HIMES, HERROLD, SCHAUMANN LLP
Attorney for Defendant
Date:
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KATHLEJBNK~. ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-3321 CIVIL TERM
DONALD R. ZIMMERMAN,
Defendant
: IN.DIVORCE
ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff, in the above matter, having been granted a Final
Decree in Divorce on the20th day ofFebrnary, 2002, hereby elected to retake and hereafter use her
former name of KathIe en Lewis Kohlhaas, and gives this written notice avowing her intention in
accordance with the provision of 54 Pa.C.S.A. 9704(a).
Date: C-~ -O~
10-#j'~ {{jAM/JINl_4~~
Kathleen K. Zimme . an
. TO BE KNOWN AS:
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Kathleen Lewis Kohlhaas
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TR~E COpy FROM RECORD
In Testimony ~her~Gf, I here unto set my hand
and the seal Of Stud Coo at Carli"'I'" "a
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