Loading...
HomeMy WebLinkAbout99-05804s a u h e u F L .j CJ 4 ?o 19 i«:• C?+ :? • :? • CE• it • •:? • :? • • C• <?:. .y. •:ti :?:• •ai •:K• •:ti :?:• it:• :ti i6• '• •:? • •:? • :{? - {? •. ?:?:• :£? •:ti :? •. {N IN THE COURT OF COMMON PLEAS s OF CUMBERLAND COUNTY r STATE OF PENNA. .•' I EARNEST F. ZIMMERMAN, Plaintiff N()•99-5804......... CIVIL ... TERM - 41, l Vrrsus 1 KELLY J. ZIMMERMAN, Defendant DECREE IN DI VORCE AND NOW, .....'?. 0. ?( ........ , it is ordered and decreed that EW! ST• F.. zIbAtE,RMAN................. , plaintiff, and .......................KELLY .I..ZIr4teRMAN................. defendant, are divorced from the bonds of matrimony. I x v v q i i i i 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; None. _ The. Post7Nwial.4reement. dated, September 14?• 1999, is. heTOY....... incorporated -but -not -merged into-this•Decree.. ... .••• ?• By Th is i Attest: ? J. i /J s :/i'GGU,LCTIL'•_? Prothonotary ?'O•' t i? ti a,-tfl ?, ?- Ze 115P" EARNEST F. ZIMMERMAN, Plaintiff VS. KELLY J. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5804 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail on September 23, 1999. (See Affidavit of Service filed herein.) 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: December 27 , 1999; by the Defendant: December 31 , 1999. 4. Related pending claims: None. All claims resolved by Post-Nuptial Agreement dated September 14, 1999. 5. Date of Execution of Waiver of Notice in Section 2201(c) Divorce: By the Plaintiff: December 27 , 1999; by the Defendant: December 31 1999. SNELB R EMAN & SPARE, P.C. uw OFFICES By SNELBAKER. RLC and C. Snelbaker, Esquire BRENNEMAN ttorneys for Plaintiff & SPARE II Date: January 5, 2000 ,_ ;: ,; EARNEST F. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- Spot-' CIVIL TERM VS. CIVIL ACTION - LAW KELLY J. ZIMMERMAN, Defendant IN DIVORCE N 0 T I C E 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBA S B NNEMAN,& SPARE, P.C. OFFICES SNE LBAKER, By BRENNEMAN Char C. Snelbaker & SPARE II 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff I EARNEST F. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- S 80 V CIVIL TERM VS. CIVIL ACTION - LAW KELLY J. ZIMMERMAN, Defendant IN DIVORCE COMPLAINT 1. Plaintiff EARNEST F. ZIMMERMANN is an adult individual residing at 623 Williams Grove Road, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania. 2. Defendant KELLY J. ZIMMERMAN an adult individual residing at 3109 Meadow Lane, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on October 28, 1978 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4 above. LAW OFFICE6 6. Neither party is a member of the armed forces of the SNELOAKER, BRENNEMAN & SPARE 11 United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto Y is irretrievably broken. 8. The Plaintiff has been advised that counseling is and that Plaintiff may have the right to request that court require the parties to participate in counseling. 9. The parties hereto have resolved all economic issues. terms of their agreement are set forth in a Post-Nuptial dated September 14, 1999, which will be filed of record lin this action. WHEREFORE, Plaintiff requests the court to enter a decree in divorce divorcing Plaintiff and Defendant from the bonds of matrimony and to incorporate but not merge the terms of the Post- Nuptial Agreement dated September 14, 1999 into said decree. SNELBAK BRENNEMAN, P.C. By ichard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Date: September 20, 1999. LAW OFFICES SNELBAKER. BRENNEMAN a SPARE VERIFICATION I, EARNEST F. ZIMMERMAN, Plaintiff, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities.' `'y/1 Earne F. Zimmerman Date: September c20(, 1999. LAW OFFICES SNELBAKER. BRENNEMAN a SPARE (EARNEST F. ZIMMERMAN Plaintiff VS. KELLY J. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 3-h y CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT I, EARNEST F. ZIMMERMAN, Plaintiff, being duly sworn Iaccording to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject LAW OFFICES SNELBAKER. BRENNEMAN & SPARE to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Earnest Zimmerman aintiff VIA Date: September ar; 1999. ?, N In I n ` ,? lu ? CJ .. v. L ?\ `r 1 ?J (? W Ln 6 O to O ? n < W aq z E. a < 0. . C % < z z H i - ¢ < a H C cl r a w r m . i c t Q Z. ^ .- w 0 6 a A V z < m 7 w w i w I d . m z d o O p A, p 3 V O N f > CL Q -i r N p < V O E. U W A Y ? 0 E- < W P: O? D N j F W H q w ? w V ? ] N O H ? z z d d .' H U z u H Y EARNEST F. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5804 CIVIL TERM CIVIL ACTION - LAW KELLY J. ZIMMERMAN, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 21, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the Idate of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. n ? Earnest . Zimmerman (Plaintiff) Date: December 27, 1999 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE t[) U.; _ ? C _' 1 EARNEST F. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5804 CIVIL TERM CIVIL ACTION - LAW KELLY J. ZIMMERMAN, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 21, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. x Kelly Mmmerman (Defendant) Date: December 1999 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ,:, - - h.: L _. `? EARNEST F. ZIMMERMAN, Plaintiff VS. KELLY J. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5804 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 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 before a divorce is granted. 3. 1 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. 11 Date: December 9/ , 1999 (Defendant) ,:? ??_?. (EARNEST F. ZIMMERMAN, Plaintiff VS. (KELLY J. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5804 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Ear st F. Zimmerman (Plaintiff) Date: December 27 , 1999 "W OFFICES SNELBAKER. BRENNEMAN & SPARE ?: , ;: -- <. 1 EARNEST F. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5804 CIVIL TERM KELLY J. ZIMMERMAN, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. Richard C. Snelbaker, Esquire, being duly sworn according to uw OIFICEB SNELBAKER• BRENNEMAN & SPARE law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P.C., being the attorneys for Earnest F. Zimmerman, the Plaintiff in the above captioned action in divorce; that on September 21, 1999, he did send to Defendant Kelly J. Zimmerman by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. Z 489 586 700; that both the Complaint and cover letter were duly received by Kelly J. Zimmerman as noted by her signature on the return receipt card for said certified mail which was received by said Defendant on September 23, 1999; that a copy of the aforementioned cover letter dated September 21, 1999 is attached hereto and .ncorporated by reference herein as "Exhibit All and that the original Receipt for Certified Mail and the Domestic Return "W OFFICES SNELBAKER, BRENNEMAN & SPARE Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Ri and C. Snelbaker Sworn to and subscribed before Ime this alIN day of December, 1999. Susan L Z?Nta Notary Puble Maehanksbury Bore, Cumberland County My Commission Expires Nov. 24, 2003 P; -- : ;cncvl?? dn,l Asoclatlon of Natarlas -2- SNELBAKER, BRENNEMAN & SPARE A PROFESSIONAL CORPORATION ATTORNEY5 AT LAW M WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C SNELBAKER P. O. BOX 318 KEITH O. BRENNEMAN PHILIP H. SPARE 717 697 8 52 8 FACSIMILE (70 6977681 September 21, 1999 CERTIFIED MAIL # 489 586 700 Kelly J. Zimmerman 3109 Meadow Lane Harrisburg, PA 17109 Re: Earnest F. Zimmerman vs. Kelly J. Zimmerman No. 99-5804 Civil Term Court of Common Pleas of Cumberland County, PA Dear Mrs. Zimmerman: As attorney for your husband, Earnest F. Zimmerman, I hereby serve you with a duly certified copy of a Complaint in Divorce as filed this date in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 99-5804 Civil Term. ery tr rs, hard C. Snelbaker RCS:jjc Enclosure cc: Earnest F. Zimmerman EXHIBIT A Z 489 586 700 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Dn nM use Inn InlnmMinnal Mail /.Saw rnvmmal e0 eR w eN .9 e4 3.t 6. I m IIA I- s PS m m a°. O O m on LL a Steelly J. Zimmerman Street 8 Number Post Olfice, State, 8 LP Cod e Postage $ $$ Certified Fee Spacial Delivery Fee Restricted Delivery Fee e(• 7S Return Receipt Shown Whom 8 Date Deli CI[ Regan Rec pl to Date, It MdesueI C TOTAL Posra It j 02 r Postmark or Da .j mWpleoe, or on ft Cecil If pear does not ===100W er nllw mmMr. Z ndhhY Kelly J. Ziam:erman 3109 tleadow Lane Harrisburg, PA 17105 1884 I abo wbh to racelN Ifs lolowdrt8 servlcee (for ar etdre lee): 1. ? Addree"We Address 2. ReWlcted Derrvery cauuM posbnaeler for Ise. 4a Article Numbs , Z 489 586 700 4b. Service Type ? Floodered ® Con flI d ? Evreas Mel ? Insured ? Rel m Receipt for Mwdrdr ? Coo i 7. Date of Do ;2 t .........W e. Addressee's Address (Only N regoeebd end fee Is peld) r i 1 e4111011 Domestc Retum Receipt ; EXHIBIT B ..? ?? „? EARNEST F. ZIMMERMAN, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-5804 CIVIL TERM : CIVIL ACTION - LAW KELLY J. ZIMMERMAN, : IN DIVORCE Defendant PRAECIPE TO FILE POST-NUPTIAL AGREEMENT TO: Prothonotary of Cumberland County Please cause the enclosed original counterpart of the Post-Nuptial Agreement between the parties dated September 14, 1999, to be filed in the above-captioned action in order to complete the record thereof as cited in the Court's Decree in Divorce dated January 11, 2000. SNELBAKER, BRENNEMAN & SPARE, P.C. By Ibiehard C. Snelbaker, Esquire 44 West Main Street (717) 697-8528 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff U1W OFFICES SNELBAKER, BRENNEMAN & SPARE Dated: April ,?O , 2000 POST-NUPTIAL. AGREEMENT THIS AGREEMENT made and entered into this / day of September, 1999, by and between: EARNEST F. ZIMMERMAN, of 623 Williams Grove Road, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania, party of the first part, hereinafter called "Husband", AND KELLY J. ZIMMERMAN, of 3109 Meadow Lane, Harrisburg, (Susquehanna Township), Dauphin County, Pennsylvania, party of the second part, hereinafter called "Wife". WITNESSETH: WHEREAS, husband and Wife were married to each other on October 28, 1978, and last resided together at the marital residence at 623 W.1111ams Grove Road in the Township of Upper Allen, Cumberland County, Pennsylvania; and WHEREAS, during their marriage, the parties accumulated various assets and property more fully itemized and identified in a certain list or schedule attached hereto marked "Exhibit All and incorporated heroin by reference thereto; and WHEREAS, two children were born of the parties, marriage, to LAW OIIICK. SNELOAKER, BRENNEMAN a SPARE wit: MEREDITH SKYE ZIMMERMAN (born: February 17, 1980), and WHITNEY MARIE ZIMMERMAN (born: January 13, 1983), hereinafter collectively called "Children"; and WHEREAS, certain differences have arisen between the parties, as a consequence of which the parties have heretofore separated by Wife's unilateral removal from the marital residence aforesaid; and WHEREAS, Husband intends to commence an action in divorce in Court of Common Pleas of Cumberland County, Pennsylvania, (hereinafter called "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that they have personally negotiated the terms of this agreement and that neither Richard C. Snelbaker, Esquire, nor the law firm of Snelbaker, Brenneman & Space, P.C., has participated in their bargaining, but that this document has been drafted by said attorney in the capacity as scrivener only; and WHEREAS, Husband is independently represented by Richard C. Snelbaker, Esquire, of the law firm of Snelbaker, Brenneman & Spare, P.C., and Wife, being aware of her right to legal counsel and representation,, is not represented by legal counsel; and WHEREAS, the parties, having a full opportunity to be advised as to their respective rights, duties and obligations growing out of their marital status, and each having had a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of each other's property and their jointly held assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW, THEREFORE, in consideration of these presents and of uw arr,cas the mutual covenants, promises, terms and conditions hereinafter SNELOAKER, BRENNEMAN set forth and to be kept and performed by each party hereto, as & SPARE -2- P? 1 as for other good and valuable considerations, and intending be legally bound hereby, the parties mutually agree as lows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and are incorporated herein by reference thereto as though forth in full hereinbelow. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The arties agree that the items of property set forth in "Exhibit All re all of the assets which they acquired during their marriage nd would be the subject of equitable distribution if submitted o a court for division under the provisions of the Pennsylvania ivorce Code. The parties declare and agree that they are amiliar with said assets and hereby waive the evaluation , although each party declares that he/she has had full ty to obtain such evaluation. 3. DIVISION OF ASSETS. Contemporaneously with the tion of this Agreement, the parties agree to divide, llocate, retain and/or transfer the assets shown on "Exhibit All follows (the item numbers refer to the corresponding numbers on "Exhibit All) : A. Assets to Husband: 1. Marital Real Estate, subject to existing mortgage loan. 2. Business Real Estate, subject to existing "W OFFICES mortgage loan. SNELBAKER. BRENNEMAN 3. Rental real estate, subject to existing a SPARE mortgage loans. -3- 4. Household Goods. 5. Ford Bronco Automobile. 12. Pension Benefits. 13. Corporate Stock. 15. Life Insurance Policies B. Assets to Wife: 8. Pension Benefits. 9. Automobile. 10. IRA 11. Life Insurance Policy The parties mutually agree that they will make, execute, acknowledge and deliver the necessary documents to effect the foregoing division contemporaneously with the execution and delivery of this agreement, and they further agree to make, execute, acknowledge and deliver such further documents as may be required to effect such division. 4. ADDITIONAL DISTRIBUTION. In addition to the physical distribution set forth in Paragraph 3 above, Husband covenants and agrees to pay to Wife the sum of $250,000.00, payable as follows: A. Within ten (10) business days after entry of the final decree in divorce in the Divorce Action, transfer from Husband's pension account the sum of $50,000.00 to Wife's LAW OFFICES SNELBAKER, BRENNEMAN & SPARE individual retirement account. B. Pay the balance of said obligation, to wit: -4- $200,000.00 ("Principal Sum"), with interest at the rate of eight per centum (8%) per annum from the date of payment in Paragraph A above in 119 regular and consecutive monthly installments each in the amount of $1,673.00 (each such installment to be applied first to the interest then due and the remainder paid on account of the Principal Sum), said installments to be paid on the same numerical date as the payment date in Paragraph A above commencing on the first such date of the succeeding month from said date in A above, and a final installment consisting of the full unpaid balance of the Principal Sum (and any then accrued interest) to be paid on the 120th month following the payment in Paragraph A above. Husband shall have the right to prepay all or any part of said Principal Sum at any time or times without premium or penalty; however, any partial prepayment shall not excuse the payment of subsequent installments in accordance with the monthly schedule aforesaid until all sums due hereunder are paid in full. The foregoing obligation shall be evidenced by a promissory judgment note which shall not be entered as or judgment except after Husband's default as defined in said note; said note to be delivered to Wife at the time of making the payment in Paragraph A above. OFFICES 5. Existing Debts. Husband agrees to pay and discharge the SNELBAKER. BRENNEMA SPAREN mortgage loans secured on the Marital Residential Real Estate and -5- Business Real Estate (Items A.1 and A.2 on "Exhibit A") in accordance with their respective terms and to indemnify Wife against any and all liability of said obligations. 6. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of this Agreement shall be the sole and separate liability and responsibility of the party incurring the obligation, and each party agrees that he/she will not incur or attempt to incur any obligation for or on behalf of the other party, and will indemnify and hold harmless the other party of and from any and all liability arising from any such future obligation. 7. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to make and execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce code, such documents to be filed in the Divorce Action aforesaid. This agreement and the terms and conditions herein, as well as the enforcement of said terms, shall not be and is/are not contingent upon the issuance of a final decree of divorce in the Divorce Action. 8. REL specifically party hereby LAW OFFICES from any and SNELOAKER. BRENNEMAN & by reason of SPARE EASE OF RIGHTS UNDER DIVORCE provided to the contrary in waives and forever releases all claims which either may and pursuant to the Pennsyl CODE. Except only as this Agreement, each the other party of and have against the other ?ania Divorce Code (and -6- the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses; except that the performance of the obligations hereunder may be enforced by any remedies under said Divorce Code. 9. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal or otherwise, which is presently titled in her or his name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code, and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party, including, but not limited to, the respective pension rights and plans of the parties. 10. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise; release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, LAW OFFS=ES or any of them, of any and all claims, demands, damages, actions, SNELBAKER, BRENNEM causes of action or suits at law or in equity of whatsoever kind & SPARE E -7- or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made and imposed by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise, this Agreement being intended to provide a definite and orderly method of resolving the various property and business transactions between the parties, and not being intended as an agreement by either party not to defend against a suit in divorce commenced by either party or in any other way to be regarded as a waiver of any right by either party to participate in the litigation of any such action, with the exception of any rights, however, as previously released by this Agreement with regard to alimony, alimony pendente lite, equitable distribution of property, counsel fees, costs and expenses, other than the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the Pennsylvania Divorce code. 11. CHILD'S CUSTODY. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE A. LEGAL CUSTODY. The parties shall share legal custody of their daughter, Whitney, as defined in 23 Pa. C.S. § 5302: the legal right to make major decisions affecting the best interests -8- of said minor child including, but not limited to, medical, religious and educational decisions. B. PRIMARY PHYSICAL CUSTODY. Husband shall have the actual physical possession and control of Whitney except during times when the parties shall agree otherwise. 12. CHILDREN'S SUPPORT. Husband agrees to support and maintain the children individually according to law (including maintenance of health insurance) without contribution from Wife as long as each child resides with Husband at his home. 13. CHILDRENIS EDUCATION. The parties agree to pay on a prorata basis (60% by Husband and 40% by Wife) for the benefit of each of the Children the amounts required to provide the following itemized items so as to provide a conventional four- year college education at a school mutually selected by the parties (provided that said education commences within the year following highschool graduation and that said 4 years are consecutive) : tuition, room rent, board, books and required supplies. The parties agree to pay said items as billed, incurred or as become due and payable as the case may be. If either party should be required to make payment of the expense otherwise to be shared hereunder, the other party shall immediately thereafter reimburse the advancing party for such prorata share. Any non-payment hereunder may be set-off against LAW OFFICES any other amounts due hereunder or added to and become a SNELBAKER. part of BRENNEMA SPAREN any future obligations due hereunder. The parties shall be 11 entitled to use the college funds as more fully identified in -9- paragraph 14B hereinbelow to discharge prorata their obligations under this paragraph 13. 14. CHILDREN'S ASSETS. A. The parties acknowledge that they hold title to the 1995 Honda automobile for the benefit of their daughter, Meredith, and will cooperate in continuing said arrangement until it becomes appropriate to deliver full title to Meredith. B. The parties acknowledge that a certificate of deposit at Fulton Bank is registered to them as a fund for the Children's post-highschool education. The parties agree to cooperate in withdrawing the money represented by said certificate and disperse the funds as required to provide such education. 15. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. 16. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be uW OFFICES determined to be requisite and necessary to effect the purposes SNELBAKER. BRENNEM and intention of this Agreement. a SPARE E II 17. VOLUNTARY EXECUTION. Each party acknowledges that the -10- Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either -11- party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. WAIVER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 20. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 21. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purposes of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their LAW OFFICES SNELBAKER, BRENNEMAN & SPARE respective hands and seals the day and year first above written intending, thereby to legally bind themselves, their heirs, personal representatives and assigns. WITNESSED BY: ? ' A 1.. / (SEAL) Ear st 07. Zimmerman 'n16U& j &",I EAL) KeYly immerman -12- EYHIBIT A MARITAL ASSETS OF THE PARTIES IA. ASSETS OWNED JOINTLY BY THE PARTIES: 1. Marital residential real estate at 623 Williams Grove Road, Upper Allen Township, Cumberland County, Pennsylvania (Deed: 145-773). 2. Business real estate at 6 and 110 East Allen Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed: 103-1188; Deed: 31-0-885). 3. Rental real estate: a. 56 East Main Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed: 33-T-286). b. 412 Valley Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed: 32-M-246). C. 106 and 108 West Keller Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed: 117-783). d. 110 West Keller Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed 103-1190; Deed: 35-N-821). e. 919 and 921 Spring Circle, Monroe Township, Cumberland County, Pennsylvania (Deed: 34-M-750) 4. Household goods at 623 Williams Grove Road. 5. 1990 Ford Bronco truck. 6. 1995 Honda automobile (beneficially owned by Meredith Zimmerman). 7. Certificate(s) of Deposit at Fulton Bank (beneficially owned by Children). LAW OFFICES SNELEAKER. BRENNEMAN & SPARE EXHIBIT A MARITAL ASSETS OF THE PARTIES -- Continued B. ASSETS OWNED INDIVIDUALLY BY WIFE: 8. Pension benefits through past and present employers, including, but not limited to, Inners & Davis Associates and Pinnacle Health System. 9. 1998 Honda automobile. 10. Individual Retirement Account (IRA). 11. Life insurance: Northwestern Mutual Life Insurance Company Policy #11 775 512. 12. Pension benefits through employer, Zimmerman Plumbing, Heating and Air Conditioning, Inc. 13. Corporate stock of Zimmerman Plumbing, Heating & Air Conditioning, Inc. 14. 1998 Honda automobile (beneficially owned by Whitney Zimmerman). 15. Life Insurance Policies issued by: A. Fidelity & Guaranty Life Insurance Company, #U7D2099. B. Metropolitan Life Insurance Company, #783 134 822 A. C. New England Life Insurance Company, #Y024189. "W OFFICE5 SNELBAKER. BRENNEMAN & SPARE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND 1 On this, the O? day of Jx? , 1999, before me, a Notary Public in and for said Commonwealth and County, the undersigned officer, personally appeared EARNEST F. ZIMMERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Post-Nuptial Agreement, and known as "Husband" therein, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Notanai seas ChnstineM Whne Nota PubMC Notary PUb11C MKCOm?misslo?PCe Su, no efra 17 200 Member Pennsylvania Association of Notaries seal. COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, the day of 1999, before me, a Notary Public in and for said Commonwealth and County, the undersigned officer, personally appeared KELLY J. ZIMMERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Post-Nuptial Agreement, and known as "Wife" therein, and acknowledged that she executed the same fci the purposes therein contained. 1? sea).. L1W OFFICES SNELBAKE R, BRENNEMAN a SPARE IN WITNESS WHEREOF, I hereunto set my hand and official y V AUG 2 5 10044 EARNEST F. ZIMMERMAN, Plaintiff vs. KELLY J. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5804 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this )-? day of August, 2004, Plaintiff is hereby directed to show cause, if any, why the relief requested in Defendant's Petition for Contempt and Special Relief should not be granted. Rule returnable _0 days from service. J. FILED -0r Cc OF THE P-- T - N3ih9Y 1004 AUG 26 PM 3* 30 CUt, P_NNS`XVANA NTY ?J r 0 Y €S EARNEST F. ZIMMERMAN, Plaintiff VS. KELLY J. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5804 CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND SPECIAL RELIEF AND NOW, comes the Defendant, KELLY J. ZIMMERMAN, by and through her attorneys, James, Smith, Dietterick & Connelly, LLP, and petitions this Honorable Court for a finding of contempt against Plaintiff, Earnest F. Zimmerman. Further, Defendant request special relief in the nature of the establishment of a payment schedule for Plaintiff with regard to obligations conferred upon him by the Decree in Divorce so as to ensure the timely payment of said obligations in the future. In support thereof, Defendant avers as follows: The parties to this action were divorced by Decree of this Honorable Court on January 11, 2000. A true and correct copy of the Decree in Divorce is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full. The Decree in Divorce incorporated, but did not merge, a Post-Nuptial Agreement entered into between the parties prior to divorce dated September 14, 1999. A true and correct copy of the Post-Nuptial Agreement is attached hereto as Exhibit "B" and incorporated herein by reference as if set forth in full. 3. The Post-Nuptial Agreement provided in pertinent part as follows: In addition to the physical distribution set forth in Paragraph 3 above, Husband covenants and agrees to pay to Wife the sum of $250,000.00, payable as follows: A. Within ten (10) business days after entry of the final decree in divorce in the Divorce Action, transfers from Husband's pension account in the sum of $50,000.00 to Wife's individual retirement account. B. Pay the balance of said obligation, to wit: $200,000.00 ("Principal Sum"), with interest at the rate of eight per centum (8%) per annum from the date of payment in Paragraph A above in 119 regular and consecutive monthly installments each in the amount of $1,673.00 (each such installment to be applied first to the interest then due and the remainder paid on account of the Principal Sum), said installments to be paid on the same numerical date as the payment date in Paragraph A above commencing on the first such date of the succeeding month from said date in A above, and a final installment consisting of the full unpaid balance of the Principal Sum (and any then accrued interest) to be paid on the 120'h month following the payment in Paragraph A above. Husband shall have the right to prepay all or any part of said Principal Sum at any time or times without premium or penalty; however, any partial prepayment shall not excuse the payment of subsequent installments in accordance with the monthly schedule aforesaid until all sums due hereunder are paid in full. The foregoing obligation shall be evidenced by a promissory judgment note which shall not be entered as or judgment except after Husband's default as defined in said note; said note to be delivered to Wife at the time of making the payment in Paragraph A above. (Exhibit "B", 14). 4. The payment required in subpart A. of the afore-cited provisions of the Post-Nuptial Agreement was made by Plaintiff in accordance with the document. Pursuant to the Post-Nuptial Agreement, the monthly payment owed from Plaintiff to Defendant in the amount of$1,673.00 as detailed in subpart B. is required "to be paid on the same numerical date as the payment date in Paragraph A", or "ten (10) business days after entry of the final decree in divorce in the Divorce Action." (Exhibit "B", 114A. & B.). The Promissory Note referenced in the Post-Nuptial Agreement is attached hereto as Exhibit "C" and incorporated herein by reference as if set forth in full. 6. Calculating the time prescribed by the foregoing provisions, Plaintiffs monthly installment payment pursuant to paragraph four (4) of the Post-Nuptial Agreement is due on the 25th of each month. The Decree in Divorce was entered January 11, 2000 (see Exhibit "A"); January 11, 2000 was a Tuesday; ten (10) business days from January 11, 2000, excluding intervening weekends, was January 25, 2000. 7. Plaintiff has not made the monthly installment payment on the same day since the inception of the obligation and has rarely, if ever, made the payment on or before the 25th of the month in which the payment is due. 8. Even when payment is received by Defendant, the check written by Plaintiff is often dated weeks before the check is actually received by Defendant. 9. Despite Defendant's repeated and consistent insistence on the timely payment of the obligation, Plaintiff refuses to comply with the time requirements of imposed by the Post-Nuptial Agreement. 10. In 2004, Plaintiffs erratic and inconsistent payment of the obligation imposed by the Post-Nuptial Agreement is demonstrated by the following chronology of payments: 1/5/04: December payment received; 1/31/04: January payment received; 4/4/04: February payment received; 4/7/04: March payment received; 5/19/04: April and May payments received; 7/7/04: June payment received; 8/3/04: July payment received; To date: No August payment received. 11. Plaintiffs failure to regularly and timely make payment of the obligation precludes Defendant from accounting for the monies owed to her in her monthly budget calculation or otherwise counting on the payment of the monies from Plaintiff. 12. Plaintiff has recently instructed Defendant not to contact him or leave messages for him concerning the issues addressed herein, leaving Defendant no option but to invoke the authority of this Honorable Court to ensure timely payment of the obligation. 13. Plaintiffs pattern of untimely and inconsistent payment of the obligations imposed upon him by the provisions of the Post-Nuptial Agreement constitute a breach of said Agreement. 14. Moreover, Plaintiffs pattern of untimely and inconsistent payment of the obligations imposed upon him by the provisions of the Post-Nuptial Agreement, as incorporated into the Decree in Divorce, renders Plaintiff in contempt of the Decree for which this Honorable Court may impose appropriate sanction, or take appropriate measures to ensure Plaintiffs compliance with the Decree and the Post-Nuptial Agreement. 23 Pa.C.S.A. §3502(e). 15. Plaintiffs conduct is wanton, willful, and in direct contradiction of the terms of the Post-Nuptial Agreement as agreed to by the parties and incorporated into this Honorable Court's Decree in Divorce. 1 6. The establishment of a precise payment date on which Plaintiffs payment is due under the provisions of the Post-Nuptial Agreement is required so as to avoid further untimely payments of the obligation to Defendant. IT Defendant has incurred counsel fees in the preparation and presentation of the within Petition, occasioned by Plaintiffs contempt of the Decree in Divorce and refusal to resolve the matter without the need for court involvement, for which Plaintiff should be responsible. WHEREFORE, Defendant, Kelly J. Zimmerman, respectfully requests that this Honorable Court award Defendant the following relief: (a) Find Plaintiff, Earnest F. Zimmerman, in contempt of the Decree in Divorce issued January 11, 2000; (b) Find that all monthly payments owing from Plaintiff to Defendant pursuant to paragraph four (4)B. of the Post-Nuptial Agreement be paid to and received by Defendant on or before the 25th day of each month, and impose penalties for the non-payment or late payment of the obligation in the event the payment is not received on the date required; (c) Require Plaintiff to pay Defendant's counsel the sum of $500.00 representing the costs incurred in the preparation and presentation of the within Petition. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: August 19, 2004 L"-j Q JARAD W. HANDELM N, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Defendant, Kelly J. Zimmerman VERIFICATION The undersigned, KELLY J. ZIMMERMAN, hereby verifies that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. KELLY J. Z l RMAN Exhibit A I . a i i i e i c?:•' :.• to r,•-.W .10> W. ,_...:...-_.... 1 ?._ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ..EARNES.T..F....ZIMMERMAN,. ._...... _.. _...... _......._.. Plaintiff I N U.9.9-5804......... CIVIL ... TERM ....... ..... Versus KELLY J. ZIMMERMAN, Defendant DECREE IN DI VOR CE AND NOW, ........ A'Vw...Q . ? ( ........ Arm ... , it is ordered and decreed that ............ E.A.R.N.E.S.T. F.. zzruM.RRrfAN. ................ plaintiff, and ....................... KELLY.J,.ZImBW................. 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; F ; ?r v i y • None..•The.Post-Nuptial•Agreement•?ate?•September•14?•1999,is.herOy,.•.•• 14, ,; incorporated•but•not•merged. into. this. Decree ............................... a` By Th t: ` Attest: J. I Prothonotary ° >1 ° n i. •r. a:• •s• •w.• •arr:• :W •?•:a rc• ce• :?: a:• ;r.• :e• :?:• <?:• :?; _:%• a: •s:• <ei :e• tc• :i;• •:e?:%. ,:c? Exhibit B POST-NUPTIAL AGREEMENT THIS AGREEMENT made and entered into this day of , 1999, by and between: EARNEST F. ZIMMERMAN, of 623 Williams Grove Road, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania, party of the first part, hereinafter called "Husband", AND KELLY J. ZIMMERMAN, of 921 Spring Circle, Mechanicsburg (Monroe Township), Cumberland County, Pennsylvania, party of the second part, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were married to each other on October 28, 1978, and last resided together at the marital residence at 623 Williams Grove Road in the Township of Upper Allen, Cumberland County, Pennsylvania; and WHEREAS, during their marriage, the parties accumulated various assets and property more fully itemized and identified in a certain list or schedule attached hereto marked "Exhibit All and incorporated herein by reference thereto; and WHEREAS, two children were born of the parties, marriage, to wit: MEREDITH SKYE ZIMMERMAN (born: February 17, 1980), and WHITNEY MARIE ZIMMERMAN (born: January 13, 1983), hereinafter collectively called "Children"; and WHEREAS, certain differences have arisen between the "W OFFICES SNELBAKER, parties, as a consequence of which the parties have heretofore BRENNEMAN &SPARE 1? separated by Wife's unilateral removal from the marital residence aforesaid; and WHEREAS, Husband intends to commence an action in divorce in Court of Common Pleas of Cumberland County, Pennsylvania, (hereinafter called "Divorce Action") ; and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that they have personally ated the terms of this agreement and that neither Richard . Snelbaker, Esquire, nor the law firm of Snelbaker, Brenneman & , P.C., has participated in their bargaining, but that this has been drafted by said attorney in the capacity as scrivener only; and WHEREAS, Husband is independently represented by Richard C. Snelbaker, Esquire, of the law firm of Snelbaker, Brenneman & Spare, P.C., and Wife, being aware of her right to legal counsel and representation, is not represented by legal counsel; and WHEREAS, the parties, having a full opportunity to be advised as to their respective rights, duties and obligations growing out of their marital status, and each having had a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of each other's property and their jointly held assets and liabilities, have come to an agreement for the final settl-!ment of their property and affairs. NOW, THEREFORE, in consideration of these presents and of I.pPo pl HCI . IIPL I IIAK.I R. IINI NNI'MAN It ?I A111 the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, as -2- 11 as for other good and valuable considerations, and intending be legally bound hereby, the parties mutually agree as 1. INCORPORATION OF PREAMBLE. The foregoing preamble and are incorporated herein by reference thereto as though forth in full hereinbelow. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The agree that the items of property set forth in "Exhibit All all of the assets which they acquired during their marriage would be the subject of equitable distribution if submitted a court for division under the provisions of the Pennsylvania ivorce Code. The parties declare and agree that they are liar with said assets and hereby waive the evaluation , although each party declares that he/she has had full ty to obtain such evaluation. 3. DIVISION OF ASSETS. Contemporaneously with the of this Agreement, the parties agree to divide, locate, retain and/or transfer the assets shown on "Exhibit All follows (the item numbers refer to the corresponding numbers on "Exhibit AI'): A. Assets to Husband: 1. Marital Real Estate, subject to existing mortgage: loan. 2. Business Real Estate, subject to existing LAW PFFICE9 mortgage loan. SNELOAKER. BRENNEMAN 3. Rental real estate, subject to existing & SPARE II mortgage loans. -3- 4. Household Goods. 5. Ford Bronco Automobile. 12. Pension Benefits. 13. Corporate Stock. 15. Life Insurance Policies B. Assets to Wife: 8. Pension Benefits. 9. Automobile. 10. IRA 11. Life Insurance Policy The parties mutually agree that they will make, execute, acknowledge and deliver the necessary documents to effect the foregoing division contemporaneously with the execution and delivery of this agreement, and they further agree to make, execute, acknowledge and deliver such further documents as may be required to effect such division. 4. ADDITIONAL DISTRIBUTION. In addition to the physical distribution set forth in Paragraph 3 above, Husband covenants and agrees to pay to Wife the sum of $250,000.00, payable as follows: A. Within ten (10) business days after entry of the final decree in divorce in the Divorce Action, transfer from Husband's pension account the sum of $50,000.00 to Wife's .1w 01 IIO'1 II !.NLLUAAI.N. individual retirement account. I IIILNNI:MAN :k sl"II 11 B. Pay the balance of said obligation, to wit: -4- $200,000.00 ("Principal Sum"), with interest at the rate of eight per centum (8%) per annum from the date of payment in Paragraph A above in 119 regular and consecutive monthly installments each in the amount of $1,673.00 (each such installment to be applied first to the interest then due and the remainder paid on account of the Principal Sum), said installments to be paid on the same numerical date as the payment date in Paragraph A above commencing on the first such date of the succeeding month from said date in A above, and a final installment consisting of the full unpaid balance of the Principal Sum (and any then accrued interest) to be paid on the 120th month following the payment in Paragraph A above. Husband shall have the right to prepay all or any part of said Principa_ Sum at any time or times without premium or penalty; however, any partial prepayment shall not excuse the payment of subsequent installments in accordance with the monthly schedule aforesaid until all sums due hereunder are paid in full. uw urrICE6 SNELRAKER. BRENNEMAN a SPARE The foregoing obligation shall be evidenced by a promissory judgment note which shall not be entered as or judgment except after Husband's default as defined in said note; said note to be delivered to Wife at the time of making the payment in Paragraph A above. 5. Existing Debts. Husband agrees to pay and discharge the mortgage loans secured on the Marital Residential Real Estate and -5- Business Real Estate (Items A.1 and A.2 on "Exhibit A") in accordance with their respective terms and to indemnify Wife against any and all liability of said obligations. 6. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of this Agreement shall be the sole and separate liability and responsibility of the party incurring the obligation, and each party agrees that he/she will not incur or attempt to incur any obligation for or on behalf of the other party, and will indemnify and hold harmless the other party of and from any and all liability arising from any such future obligation. 7. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to make and execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action aforesaid. This agreement and the terms and conditions herein, as well as the enforcement of said terms, shall not be and is/are not contingent upon the issuance of a final decree of divorce in the Divorce Action. 8. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically provided to the contrary in this Agreement, each party hereby waives and forever releases the other party of and ?w•, from any and all claims which either may have against the other -41. I IWO IL II 1111] 1"" NIAII by reason of and pursuant to the Pennsylvania Divorce code (and n "P.M -6- the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses; except that the performance of the obligations hereunder may be enforced by any remedies under said Divorce Code. 9. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal or otherwise, which is presently titled in her or his name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code, and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party, including, but not limited to, the respective pension rights and plans of the parties. 10. GENERAL RELEASE. Husband relinquishes his inchoate "W OFFICES SNELBAKER, BRENNEMAN & SPARE intestate right in the estate of wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind -7- or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made and imposed by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise, this Agreement being intended to provide a definite and orderly method of resolving the various property and business transactions between the parties, and not being intended as an agreement by either party not to defend against a suit in divorce commenced by either party or in any other way to be regarded as a waiver of any right by either party to participate in the litigation of any such action, with the exception of any rights, however, as previously released by this Agreement with regard to alimony, alimony pendente lite, equitable distribution of property, counsel fees, costs and expenses, other than the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the Pennsylvania Divorce Code. 11. CHILD'S CUSTODY. A. LEGAL CUSTODY The parties shall share legal custody of their daughter, Whitney, as defined in 23 Pa. C.S. § 5302: the SAW •.iII,?.. legal right to make major decisions affecting the best interests 1i N11 11AKI It. NO 11141 MAN It -WAIII -8- of said minor child including, but not limited to, medical, religious and educational decisions. B. PRIMARY PHYSICAL CUSTODY. Husband shall have the actual physical possession and control of Whitney except during times when the parties shall agree otherwise. 12. CHILDREN'S SUPPORT. Husband agrees to support and maintain the Children individually according to law (including maintenance of health insurance) without contribution from Wife as long as each child resides with Husband at his home. 13. CHILDREN'S EDUCATION. The parties agree to pay on a prorata basis (60% by Husband and 40% by Wife) for the benefit of each of the Children the amounts required to provide the following itemized items so as to provide a conventional four- year college education at a school mutually selected by the parties (provided that said education commences within the year following highschool graduation and that said 4 years are consecutive): tuition, room rent, board, books and required supplies. The parties agree to pay said items as billed, incurred or as become due and payable as the case may be. If either party should be required to make payment of the expense otherwise to be shared hereunder, the other party shall immediately thereafter reimburse the advancing party for such prorata share. Any non-payment hereunder may be set-off against LAW OFFI=EE any other amounts due hereunder or added to and become a part of SNELBAKER. 9&E SPAREN any future obligations due hereunder. The parties shall be entitled to use the college funds as more fully identified in -9- paragraph 14B hereinbelow to discharge prorata their obligations under this paragraph 13. 24. CHILDREN'S ASSETS. A. The parties acknowledge that they hold title to the 1995 Honda automobile for the benefit of their daughter, Meredith, and will cooperate in continuing said arrangement until it becomes appropriate to deliver full title to Meredith. B. The parties acknowledge that a certificate of deposit at Fulton Bank is registered to them as a fund for the Children's post-highschool education. The parties agree to cooperate in withdrawing the money represented by said certificate and disperse the funds as required to provide such education. 15. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. 16. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be LAW OFFICE„ determined to be requisite and necessary to effect the purposes SNi LOAK[R. URI $NNE PARCN and intention of this Agreement. II 17. VOLUNTARY EXECUTION. Each party acknowledges that the -10- Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 18. ENTIRE AGREEMENT. This Agreement contains the entire uw Orrices SNELBAKER. BRENNEMAN & SPARE understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either -11- party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 14. WAIVER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 20. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 21. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purposes of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending, thereby to legally bind themselves, their heirs, personal representatives and assigns. WITNESSED BY: (SEAL) Earnest F. Zimmerman (SEAL) Kelly J. Zimmerman SNLLBAKFR. Ule NNEMAN Lk SPARE -12- EXHIBIT A MARITAL ASSETS OF THE PARTIES 1. Marital residential real estate at 623 Williams Grove Road, Upper Allen Township, Cumberland County, Pennsylvania (Deed: 145-773). 2. Business real estate at 6 and 110 East Allen Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed: 103-1188; Deed: 31-0-885). 3. Rental real estate: a. 56 East Main Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed: 33-T-286). b. 412 Valley Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed: 32-M-246). C. 106 and 108 West Keller Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed: 117-783). d. 110 West Keller Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania (Deed 103-1190; Deed: 35-N-821). e. 919 and 921 Spring Circle, Monroe Township, Cumberland County, Pennsylvania (Deed: 34-M-750) 4. Household goods at 623 Williams Grove Road. 5. 1990 Ford Bronco truck. 6. 1995 Honda automobile (beneficially owned by Meredith Zimmerman). 7. Certificate(s) of Deposit at Fulton Bank (beneficially owned by Children). LAW OFFICE6 SNELBAKER, BRENNEMAN & SPARE EXHIBIT A MARITAL ASSETS OF THE PARTIES -- Continued B. ASSETS OWNED INDIVIDUALLY BY WIFE: 8. Pension benefits through past and present employers, including, but not limited to, Inners & Davis Associates and Pinnacle Health System. 9. 1998 Honda automobile. 10. Individual Retirement Account (IRA). 11. Life insurance: Northwestern Mutual Life Insurance Company Policy #11 775 512. 12. Pension benefits through employer, Zimmerman Plumbing, Heating and Air Conditioning, Inc. 13. Corporate stock of Zimmerman Plumbing, Heating & Air Conditioning, Inc. 14. 1998 Honda automobile (beneficially owned by Whitney Zimmerman). 15. Life Insurance Policies issued by: A. Fidelity & Guaranty Life Insurance Company, #U7D2099. B. Metropolitan Life Insurance company, #783 134 822 A. C. New England Life Insurance Company, #Y024189. uw OFFICES SNELOAKER. BRENNEMAN & SPARE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) uW OFFICES SNCLBAKER. BRCNNEMAN & SPARE On this, the day of , 1999, before me, a Notary Public in and for said Commonwealth and County, the undersigned officer, personally appeared EARNEST F. ZIMMERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Post-Nuptial Agreement, and known as "Husband" therein, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, the day of 1999, before me, a Notary Public in and for said Commonwealth and County, the undersigned officer, personally appeared KELLY J. ZIMMERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Post-Nuptial Agreement, and known as "Wife" therein, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official 11 sea I. Notary Public Exhibit C PROMISSORY 1TJD =MENT NOTE $200,000.00 March 1, 2000 In the installments and at the times set forth hereinbelow, I, the undersigned Makers hereby promise to pay to Kelly J. Zimmerman (Payees) or her assigns, the sum of Two Hundred Thousand and 00/100 ($200,000.00) Dollars (the "Principal Sum"), without defalcation, value received, with interest at the rate of eight per centum (8%) per annum, said Principal Sum and interest to be paid in one hundred nineteen (119) regular and consecutive monthly installments in the amount of One Thousand Six Hundred Seventy-three and No/100 ($1,673.00) each (each such payment to be applied first to interest on the unpaid balance of the Principal Sum and the balance applied on the Principal sum) and a final installment on March 1, 2010 comprised of interest as aforesaid and the remaining unpaid balance of the Principal Sum. It is understood and agreed that Maker shall have the right to prepay any part of the Principal Sum prior to the dates for payment of the installments aforesaid. And further I do hereby authorize and empower the Prothonotary or any attorney of any court of record of Pennsylvania or elsewhere to appear for and enter judgment against me for the above principal sum and interest, with costs of the action, with or without declaration or complaint, release of all errors, without stay of execution, and with five per centum (5%) added for collection fees; and I also waive the right of inquisition on any real estate which may be levied upon to collect the obligations evidenced by this Note and I voluntarily condemn the same and authorize the Prothonotary to enter said voluntary condemnation upon any Writ of Execution issued upon the judgment or judgments entered hereon; and I further agree that any property, real, personal or mixed, may be sold on, through and by any Writ of execution issued upon the judgment or judgments entered hereon, and further waive and release all relief from any and all appraisement, stay or exemption laws of any State now in force or hereafter enacted. WAIVER IN EXECUTING THIS PROMISSORY JUDGMENT NOTE, I DECLARE THAT I UNDERSTAND THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVE OUR RIGHTS TO CONTEST THE ENTRY OF JUDGMENT AGAINST ME ON AND UNDER SAID NOTE, AND DO HEREBY CONSENT TO THE ENTRY OF JUDGMENT BY CONFESSION AS ABOVE PROVIDED AND AUTHORIZED. IN WITNESS WHEREOF, I, the undersigned Maker have hereunto set my hand and seal the day and year first written above intending to be legally bound hereby. WITNESSED BY: (SEAL) Earnes F. Zimmerman-2 - EXPLANATION OF RIGHTS (Full Confession) A. I clearly and specifically understand that by signing the above Promissory Judgment Note dated March 1, 2000 in the amount of $200,000.00 payable to Kelly J. Zimmerman which contains a Confession of Judgment clause: 1. I am authorizing Kelly J. Zimmerman, as Plaintiff and Creditor to enter a judgment against me in her favor which will give the Plaintiff a hen upon any real estate which I may own, including my home and personal residence; 2. I give up the right to any notice or opportunity to be heard on the entry of said judgment on the record of the court; 3. I agree that Kelly J. Zimmerman, Plaintiff and Creditor can enter this judgment upon proof of non-payment or other default on my part; 4. I will subject all of my property, both personal property and real estate, to execution (and Sheriffs sale) pursuant to this judgment, but only upon proof of non-payment or other default on my part; 5. I will be unable to challenge such judgment, should the Plaintiff enter it, except by a proceeding to open or strike the judgment; and that such a proceeding will result in attorney's fees and costs which I will have to pay. -3- B. I know and understand that it is the Confession of Judgment clause in the above-described Promissory Judgment Note which gives Plaintiff the rights enumerated in sub-paragraphs 1 through 5 of paragraph A above. IF I DO NOT SIGN THE ABOVE PROMISSORY JUDGMENT NOTE WHICH CONTAINS A CONFESSION OF JUDGMENT CLAUSE, I UNDERSTAND THAT I WOULD HAVE THE FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to judgment; 2. The right to have the burden of proving default rest upon the Plaintiff before my property could be exposed to execution; 3. The right to avoid the additional expense of attorney's fees and costs incident to opening or striking off a confessed judgment. C. Fully and completely understanding these rights which I have prior to signing the above-described Promissory Judgment Note and clearly aware that these rights willue given up, waived, relinquished and abandoned if I sign said Note, I nevertheless freely and voluntarily choose to sign said Note, my intention being to give up, waive, relinquish and abandon my known rights (as described in paragraph B above) and subject myself to the circumstances described in paragraph A above. -4- D. The undersigned hereby certifies that he, the signatory to the foregoing Promissory Judgment Note dated on the 1st day of March, 2000, in favor of Kelly J. Zimmerman which has a Confession of Judgment Clause entered, has earnings of $10,000 or more per year. WITNESSED BY: I HAVE READ THIS ENTIRE FORM AND I FULLY UNDERSTAND ITS CONTENTS: Earnes . Zimmerman -5- M EARNEST F. ZIMMERMAN, Plaintiff VS. KELLY J. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5804 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Petition for Contempt and Special Relief upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 23`d day of August, 2004. SERVED UPON: Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 7CZAS?_Qs JARAD W. HANDELMAN, ESQUIRE JAMES, SMITH, DIETTERICK & CONNELLY LLP v 1 -4 EARNEST F. ZIMMERMAN, Plaintiff Vs. KELLY J. ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5804 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR CONTEMPT AND SPECIAL RELIEF TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the Petition for Contempt and Special Relief filed by Defendant, Kelly J. Zimmerman, on August 24, 2004. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: _ JARAD W. HANDELM N, ESQUIRE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Kelly]. Zimmerman it ;'M l!7 `? r- ? N :.i` U_I . ?: ): ?? U __ _ . _ CL ? C ? IJ7 Eli= W `? ? -?LL1 ?i 7 ? 1 ?, U. cv , i^) `? U N