HomeMy WebLinkAbout99-03532
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
A PENNA.
r is y
MICHAEL E. ZINK,
Plaintiff
VERSUS
LINDA K. ZINK,
Defendant
LINDA K. ZINK
DECREE IN
DIVORCE
AND NOW, 6 r 6 -A , 2001 , IT IS ORDERED AND
DECREED THAT MICHAEL E. ZINK , PLAINTIFF,
AND
NO.
99-3532 CIVIL TERM
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 attached Property Settlement Agreement dated August 1, 2001 shall be
incorporated into this Decree in Divorce.
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AGREEMENT
BETWEEN
LINDA K. ZINK
AND
MICHAEL E. ZINK
Cara A. Boyanowski, Esquire Keirsten W. Davidson, Esquire
Counsel for Wife Counsel for Husband
TABLE OF CONTENTS
SECTION I
Introduction
SECTION II:
General Provisions
SECTION III:
Alimony and Alimony Pendente Lite
Provisions
SECTION IV:
Health Insurance and Life Insurance
SECTION V:
Property Distribution Provisions
SECTION VI:
Closing Provisions and Execution
3
4
10
12
13
16
1
SECTION I
INTRODUCTION
THIS AGREEMENT made this 1'4 day of 2001, by and
between LINDA K. ZINK ("Wife") and MICHAEL E. ZINK ("Husband").
WITNESSETH:
WHEREAS, Linda Kay Zink, Social Security Number 184-50-3372, was born on May 21,
1959, and currently has a mailing address of P.O. Box 38, Lewisberry, York County, Pennsylvania
17339.
WHEREAS, Michael Eugene Zink, Social Security Number 173-52-8189, was born on
October 9, 1958, and currently resides at 209 Herman Avenue, Second Floor, Lemoyne, Cumberland
County, Pennsylvania 17043.
WHEREAS, the parties hereto are Husband and Wife, having been married on October 21,
1977, in York County, Pennsylvania.
WHEREAS, the parties are the parents of one child, namely, Courtney Lynn Zink, born May
26, 1982. This child is no longer a minor.
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, alimony pendente lite, 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.
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 agree
as follows:
SECTION H
GENERAL PROVISIONS
1. MUTUAL CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of
Section 3301(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.
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 if they have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date
of execution by the party last executing this Agreement.
5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Cara A. Boyanowski, Esquire. The provisions of this Agreement and their legal effect
have been fully explained to Husband by his attorney, Keirsten W. Davidson, Esquire. 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 ofproperty heretofore made by this Agreement is a non-taxable division ofproperty between
co-owners rather than a taxable sale or exchange of such property. -Etch 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 event any deficiency in federal, state or local income tax is proposed, or any assessment of any
such tax is made against either of them, each will indemnify and hold harmless 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 returns.
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 if they 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, 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, curtsy, 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 of the other
of which she or he is the named beneficiary, at the time of the policy owner's death (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, at the
time ofthe Decedent's death, 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 of the 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.
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. 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 any conditions precedent, shall in no way avoid or alter the
remaining obligations of the 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 Linda K. Zink, P.O. Box 38, Lewisberry, Pennsylvania 17339, or counsel for
Linda K. Zink, 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 Michael E. Zink, 209 Herman Avenue, Second Floor, Lemoyne,
Pennsylvania 17043, 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.
(Rest of page left blank intentionally)
SECTION III
ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS
1. ALIMONY
A. Amount and Term of Alimony - Husband is the owner of a United States Military
Pension, which is more fully described on Page 13, Section V, Paragraph Two, entitled "Retirement
Benefits." Husband currently receives gross pay in the amount of $1,264.00 per month from the
Military, $551.00 of which is non-taxable, $82.40 of which is designated for the Survivor Benefit
Expense, and $609.27 of which is taxable. It is the parties intent to provide Wife with one-half ('/2)
of $1,264.00, which figure equals $632.00, minus the SurvivorBenefit Expense ($82.40), Wife's life
insurance premium ($17.37), and one-half ('/2) of the parties' daughter Courtney's life insurance
- premium {$7:60):- Therefore,-the-parties-intend-that Wife-will-receive-$524.63 per month-&om_ ------
Husband. The parties also specifically acknowledge that the dollar figures referenced above are valid
as of the date of this Agreement, however, will change as Husband receives cost of living increases,
and as the cost for the Survivor Benefit Expense and life insurance premiums increase. Regardless
of what the dollar figures may be in the future, the parties intend that Wife shall receive one-half ('/2)
ofHusband's gross Military pay, minus the Survivor Benefit Expense, Wife's life insurance premium,
and one-half ('/2) of Courtney's life insurance premium.
A portion of the above referenced $524.63 will be paid to Wife directly from the Military,
pursuant to Page 13, Section V, Paragraph Two, "Retirement Benefits," and a portion of the $524.63
will be paid to Wife directly from Husband as more fully described herein. More specifically, Wife
shall receive one-half ('/2) of Husband's "disposable" Military pay directly from the military as
equitable distribution, and the balance shall be payable to Wife directly from Husband as alimony.
"Disposable Pay" shall be defined as Husband's gross Military pay (currently $1,264.00),
minus the VAWaiver/non-taxable component of his pay (currently $551.00) and minus the Survivor
Benefit Expense (currently $82.40). Husband's "disposable pay" is therefore currently $630.60.
The parties agree that Wife shall be entitled to one-half (%2) of Husband's "disposable pay"
directly from the military. This figure currently totals $315.30.
In order to make up the difference in what Wife is owed pursuant to the above referenced
formula, Husband shall pay her directly in alimony. The parties agree that Wife is entitled to receive
$524.63 per month from Husband. Therefore, Husband shall pay Wife directly the sum of $209.33
per month in alimony. The sum that Wife receives from Husband directly ($209.33) and from the
Military ($315.30) equals $524.63, or one-half('/2) of Husband's gross Military retirement, minus the
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Survivor Benefit Expense, Wife's life insurance premium, and one-half of Courtney's life insurance
premium. Again, the parties specifically acknowledge that the dollar figures used are valid as of the
date of this Agreement, however, will change as time passes. It is the parties' intent to be bound by
the formula, not the specific dollar figures once they change. The figures are inserted for clarification
purposes and illustrate the parties obligations as of the date of this Agreement. Ifthe Military defines
"disposable pay" in any other way, the parties acknowledge that Husband's alimony obligation to
Wife will be affected and may either be increased or decreased to ensure that Wife receives no more
or no less than $524.63 per month.
Until such time as the Military begins paying Wife directly, Husband will pay Wife directly,
the entire amount owed. He will however, deduct one-half (1/2) of the federal income taxes so that
both parties are equally responsible for payment of this. Once the Military begins issuing a check
directly to Wife, they will also issue a 1099 Form to her regarding taxes. Therefore, until the Military
begins paying Wife directly, Husband shall pay to Wife the sum of$524.63 per month, minus one-half
(%z) of the federal income taxes, or minus $6.95, for a grand total of $517.68 per month. Of this
amount, $209.33 shall be considered alimony, and $308.35 shall be considered equitable distribution.
Said obligation shall commence on the first day of first month, following the execution date
of this Agreement. Said monthly payments shall be made to Wife no later than the fifth day after
receipt of Husband's military retirement check. Wife acknowledges and agrees that the provisions
ofthis Agreement providing for the payment of alimony to her by her Husband are fair, adequate, and
satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of
the parties' marriage and other relevant factors which have been taken into consideration by the
parties. The approval of this Agreement by a court of competent jurisdiction in connection with an
action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and
may be enforced as provided in 23 Pa.C.S.A. Section 3701.
B. Modification of Alimony - The parties agree that the amount of alimony shall be
subject to modification only upon Husband's receipt of a cost of living increase in his gross military
pay or upon an increase or decrease in the survivor benefit expsnse, Wife's life insurance premium,
or Courtney's life insurance premium.
C. Termination of Alimony -Alimony payments shall terminate upon the first to occur:
Wife's death;
2. Husband's death;
3. Wife's cohabitation with a member of the opposite sex; or
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4. Wife's remarriage.
D. Tax Treatment - These payments shall be income to Wife under Section 71 of the
Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code.
SECTION IV
CHILD'S EXPENSES
1. HEALTH INSURANCE
Husband shall provide health and dental insurance for the parties' child, Courtney Lynn Zink,
at the present levels and providing substantially the same benefits as are now in effect and as are
available through Husband's employer, until such time as Courtney graduates from college, or until
June, 2004, whichever occurs first.
2. LIFE INSURANCE
The parties agree to equally share the expense ofthe child's life insurance premium, until such
time as Courtney graduates from college, or until June, 2004, whichever occurs first. It is
acknowledged by the parties that the premium for Courtney's life insurance policy is presently
satisfied from Husband's monthly United States Military pension payment. This method of payment
shall continue until further Order of Court, or agreement between the parties. Wife agrees to
reimburse Husband for one-half of this expense, as set forth in Section III, Paragraph One, above.
(The remainder of this page was left blank intentionally.)
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SECTION V
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 of the 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 havewith respect to the above items,
which shall thereafter be the sole and exclusive property of the other.
2. RETIREMENT BENEFIT
The parties agree that Wife shall retain sole ownership and possession of all of her retirement
benefits and plans and Husband specifically releases and waives any and all interest, claim or right that
he may have to these assets.
Husband is the owner of a United States Military pension which is presently in pay status.
The parties acknowledge that this pension includes both taxable income and non-taxable income (VA
Waiver). In order to complete the parties' division of marital property, Husband agrees to provide
Wife with one-half of his United States Military Retirement, which is currently in payable status,
together with any cost-of-living increases or similar increases that occur after retirement.
Wife shall receive a direct payment of these funds from DFAS-CL. The parties agree that
Wife, or Wife's counsel, shall submit this Agreement to the Defense Finance and Accounting Service/
Cleveland Center, within the proscribed time frame, for implementation. Until such time as Wife
begins receiving payments directly from DFAS-CL (which may take up to 180 days), Husband shall
make these payments directly to Wife, as set forth in Section III, Paragraph 1, entitled "Alimony,"
no later than the fifth day after receipt of Husband's Military retirement check. Said obligation to
begin the first day of the first month following the execution date of this Agreement.
Wife shall remain as the recipient of the survivor benefit (SBP) ofthe military pension, to the
degree that the plan pemrits her to be designated as such. The parties acknowledge that this benefit
shall change from that of "coverage of spouse" to that of "coverage of former spouse" when
13
the new election is made. Again, the parties agree that Wife, or Wife's counsel, shall submit this
Agreement, and complete any other necessary paperwork, to the Defense Finance and Accounting
Service/Cleveland Center, within the proscribed time frame, for implementation of the survivor
benefit (SBP). It is acknowledged by the parties that the expense for the survivor benefit plan (SBP)
is presently satisfied from Husband's monthly United States Military pension payment. This method
of payment shall continue until further Order of Court, or agreement between the parties. Wife
agrees to reimburse Husband the entire amount of the SBP expense, as set forth in Section III,
Paragraph One, above.
It is further agreed that Husband shall provide to Wife at the beginning of each and every
calendar year, a copy of his current retiree account statement.
3. BANK ACCOUNTS
Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that
these accounts shall be the sole and separate property of the person in whose name they are titled and
each party waives any right, title or interest they may have in the other parties' account.
4. AUTOMOBELES
The parties are the owners ofvarious automobiles including a 1995 Jeep Cherokee, 1998 Ford
F-150 Pick-Up Truck, and a 1992 Duster Sundance. Husband and Wife agree that the 1995 Jeep
Cherokee shall be the sole and separate property of Wife, and Husband waives any right, title or
interest he may have in this vehicle. Husband and Wife agree that the 1998 Ford F-150 Pick-Up
Truck shall be the sole and separate property ofHusband, and Wife waives any right, title or interest
she may have in this vehicle. Each party agrees to execute the necessary documents to transfer said
automobiles as provided herein. Each party shall be responsible for any loans on his or her vehicles
distributed under this Agreement.
The parties acknowledge that the 1992 Duster Sundance is the property of their daughter,
Courtney, and each waives any interest he or she may have in this vehicle.
5. LIFE INSURANCE
Husband and Wife are the owners of various life insurance policies. Husband and Wife agree
that these policies, and their cash values, shall be the sole and separate property of the person in
whose name they are titled and each party waives any right, title or interest they may have in the other
parties' policy. Husband and Wife shall each be responsible for any premiums due upon their policies
under this Agreement. It is acknowledged by the parties that the premium for Wife's life insurance
14
policy is presently satisfied from Husband's monthly United States Military pension payment. This
method of payment shall continue until further Order of Court, or agreement between the parties.
Wife agrees to reimburse Husband for 100% of this expense, as set forth in Section 111, Paragraph
One, above.
6. CURRENT LIABILITIES
Wife and Husband represent that they have taken all steps necessary to make sure that no
credit cards or similar accounts exist as of the date of execution ofthis Agreement which provide for
joint liability. From the date of execution of this Agreement, each party shall use only those credit
cards and accounts for which that party is individually liable.
WAIVER OF PAYMENT OF LEGAL FEES
Each party hereby agrees to be responsible for any legal fees incurred on their behalf.
8. AFTER-ACOUMED 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 were
acquired by him or her after their date of separation, 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.
9. REAL ESTATE
A. Marital Residence - The parties acknowledge that the real property known as 40 Gary
Player Drive, Etters, York County, Pennsylvania 17319 (hereinafter referred to as "Marital
Residence") has been sold. The parties acknowledge that the proceeds from the sale ofthis residence
have been divided to their satisfaction.
(The remainder of this page was left blank intentionally)
15
SECTION VI
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 WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
set their hands and seals on the date indicated below.
L-kd Ql ?? ?1 1 101
TNESS L A K. ZINK DATE
WITNESS MICHAEL E. ZINYr/ DATE
16
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IN THE COURT OF COMMON PLEAS OF
MICHAEL E. ZINK, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 99-3532 CIVIL TERM
VS.
LINDA K. ZINK,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under Section 3301 (c)
XX)O0Opfl(p = of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the complaint: Certified mail, restricted delivery
to the Defendant on June 11, 1999 and received by Defendant on June 14, 1999.
3. Complete either Paragraph A. or B.
A. Date of execution of the affidavit of consent required by Section
3301 (c) of the Divorce Code: by the plaintiff August 1, 2001
by the defendant August 1, 2001
B. (1) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: The Property Settlement Agreement dated August 1, 2001
shall be incorporated into the Decree in Divorce.
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record, and attach a copy of said notice under Section
3301 (d)(1)(i) of the Divorce Code Waivers of Notice filed concurrently herewith and
signed by Plaintiff on August 1, 2001 and by Defendant on August 1, 2001.
Ulne 4 co.
Attorney for Plaint iff4066908IX
Keirsten W. Davidson Atty ID #78243
LL.
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Johnson, Duffle, Stewart & Weidner
By: Keirsten W. Davidson
I.D. No. 78243
301 Market Street
P. 0. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
MICHAEL E. ZINK,
Plaintiff
V.
LINDA K. ZINK,
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 35'3;-_ CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
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 pages 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 Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE THE 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
-AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
-IND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Johnson, Duffle, Stewart & Weidner
By: Keirsten W. Davidson
I.D. No. 78243
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
MICHAEL E. ZINK,
V.
Plaintiff
LINDA K. ZINK,
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 3 y 3 -2- CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AND NOW, comes the Plaintiff, Michael E. Zink, by and through his attorneys, Johnson, Duffle, Stewart
& Weidner, and files the following Divorce Complaint against the Defendant, Linda K. Zink:
The Plaintiff is Michael E. Zink, an adult individual, residing at 139 Herman Avenue, Lemoyne,
Cumberland County, Pennsylvania 17043.
2. The Defendant is Linda K. Zink, an adult individual, who is currently residing at 40 Gary Player
Drive, Etters, York County, Pennsylvania 17319.
3. The Plaintiff and Defendant were married on October 21, 1977, in Emigsville, Pennsylvania.
4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania at least six months immediately prior to the filing of this Complaint.
5. There has been no prior action for divorce or annulment of marriage between the parties in this
or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of marriage counseling and he may have the
right to request that the Court require the parties to participate in counseling.
WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce
under Section 3301(c) of the Divorce Code.
8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7
inclusive, of the Complaint as if the same were set forth herein at length.
9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property
during their marriage.
WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all
marital property.
JOHNSON, DUFFIE, STEWART 8, WEIDNER
By: (,A 'L?t •
Keirsten W. Davidson
:123536
I verify that the statements made in this Divorce Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements made herein are made subject to the
penalties of 18 Pa. C.S.A §4904, relating to unworn falsification to authorities.
Date: V-2-92-
Michael E. Zink
Johnson, Duffle, Stewart & Weidner
By: Keirsten W. Davidson
I.D. No. 78243
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Plaintiff
MICHAEL E. ZINK, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. CIVIL TERM
CIVIL ACTION - LAW
LINDA K. ZINK,
IN DIVORCE
Defendant
AFFIDAVIT
MICHAEL E. ZINK, being duly sworn according to law, deposes and says:
1. 1 have been advised of the availability of marriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling.
2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request.
3. 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 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 unswom falsification to
authorities.
Date: ° Q?
Michael E. Zink
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Johnson, Duffle, Stewart & Weidner
By: Keirsten W. Davidson
I.D. No. 78243
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
. , .
Attorneys for Plaintiff
MICHAEL E. ZINK, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 99-3532 CIVIL TERM
V.
CIVIL ACTION - LAW
LINDA K. ZINK,
IN DIVORCE
Defendant
I hereby certify that on the 11'h day of June, 1999, 1 served a true and correct copy of the foregoing
Complaint in Divorce upon the Defendant, Linda K. Zink, by certified mail, restricted delivery, to her mailing
address at 40 Gary Player Drive, Etters, Pennsylvania 17319, return receipt requested, attached hereto and
made a part hereof.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART 8, WEIDNER
WA
Keirsten W. Davidson
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MICHAEL E. ZINK,
PLAINTIFF
V.
LINDA K. ZINK,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3532 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 9,
1999.
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 unworn
falsification to authorities
Date: By:
Michael E. Zink, Pl . '
SocialsecurityNo. /73 SZ• ???9
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MICHAEL E. ZINK,
PLAINTIFF
V.
LINDA K. ZINK,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3532 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER §3301(Cl 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. §4904 relating to unworn
falsification to authorities.
Date: By:
Michael E. Zink, Plai
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MICHAEL E. ZINK,
PLAINTIFF
V.
LINDA K ZD K,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99-3532 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 9,
1999.
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 unswom
falsification to authorities.
Date: I , a00f By:
Lindfi ink, Defen
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MICHAEL E. ZE%
PLAINTIFF
V.
LINDA K ZINK,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3532 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 83301((') 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, lawyers
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. §4904 relating to unswom
falsification to authorities.
Date: ( 60 By: ( aj ik,
Linda K. Zink, Defen t
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MICHAEL E. ZINK,
PLAINTIFF
V.
LINDA K. ZINK,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99_3532 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIp TO ENTER APPEARANCE
To the Prothonotary:
Please enter my appearance as counsel of record, for the Defendant,
Linda K. Zink, in the above-captioned matter.
_Lo-ILv-Q4
Date
a A. Boyanowski, quire
Attorney No. 68736
DALEY LAW OFFICES
1029 Scenery Drive
Harrisburg, PA 17110
(717) 657-4795