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HomeMy WebLinkAbout07-3345 MARSHA J. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STEVEN M. ZEIGLER, : NO. o ? - 3 3 z;?? CIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 MARSHA J. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STEVEN M. ZEIGLER, :NO. CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Marsha J. Zeigler, an adult individual currently residing at 405 Front Street, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Steven M. Zeigler, an adult individual currently residing at 1059A York Road, Dillsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 29, 1983 in Lake Havasu City, Arizona. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301(c) of the Domestic Relations Code. Respectfully submitted, Rralle . Griffie, Esquire orney for Plaintiff GRIME & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. ------- -- za t DATE: J'' = /? ?i? f ?L M rsha J. Zei r (Plaint' C'. dV C= C) -73 Fr , All. N 1 ?? L\i ` g f MARSHA J. ZEIGLER, Plaintiff V. STEVEN M. ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 07- 33YS CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Bradley L. Griffie, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Steven M. Zeigler, at his address of 1059 A., York Road, Dillsburg, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on June 8, 2007. Sworn and subscribed to e this 1_34 -?' day beforT of x ,AL , 2007 9 Y PUBLIC Esquire tto X for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 40" .101 Q sb PS FdT4i -- -- 0860 4001 5848 7853 --- - i8b0i .n ?il4lbt -- M Postal Ln i CERTIFIED M AIL RECEI P (Domestic • T ., , 43 m _ C Postage C3 O certified Fee CD3? .-,, O Return Receipt Fee „p (Endorsement Required) h J • po?gp 1? Cc Reshicted Delivery Fee (Endors M Required) LJ + $ j f n.j 0 Total Postage & Fees $ 9 yt k? l M1 SentT?I .? w 2 AM* +.ILL 7 0 0 2 C? rya r rn f5? MARSHA J. ZEIGLER, Plaintiff VS. STEVEN M. ZEIGLER, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3345 CIVIL ACTION LAW DIVORCE PRAECIPE Kindly withdraw the appearance of Theresa Barrett Male, Esquire, on behalf of Steven M. Zeigler, Defendant, in the above-captioned divorce action. Date: ?? a?(? Theresa Barrett Male, ESQUIRE Attorney I.D. 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 telephone (717) 233-6862 facsimile Kindly enter the appearance of Linda A. Clotfelter, Esquire, on behalf of Steven M. Zeigler, Defendant, in the above-captioned divorce action. Date: 7 5021 E. Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile MARSHA J. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3345 STEVEN M. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this day of March, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE was served upon the opposing party by United States First Class Mail, postage prepaid, addressed as follows: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Ifnda A. Clotfelter, Esquire / ttorney ID No. 72963 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ° c a C7 MIN -pm C?. CJ MARSHA J. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3345 STEVEN M. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed June 6, 2007. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. Section 4904, relating to unworn falsification to authorities. Date: (?? MARK14A J. ZEIG R, Plain C7 MARSHA J. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3345 STEVEN M. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(C) OF THE DIVORCE CODE I . 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. § 4904 relating to unworn falsification to authorities. Date: MA SHA J. ZE LER, P ntiff rrrc`, :',1 1 ..; t " < MARSHA J. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3345 STEVEN M. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 6, 2007. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. Section 4904, relating to unsworn falsification to authorities. uP Date: ? ?-° STEVEN M. ZE L R, Defendant C`" 'C a MARSHA J. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-3345 STEVEN M. ZEIGLER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(C) OF THE DIVORCE CODE 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. § 4904 relating to unworn falsification to authorities. Date: (6 STEVEN M. ZEIG R, 15efendant :']` ?;n MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this A ""day of , 2008, by and between, MARSHA J. ZEIGLER, (hereinafter referred to as "Wife"), and STEVEN M. ZEIGLER, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife, were lawfully married on January 29,1983; and WHEREAS, the parties hereto have one minor child, Cody R. E. Zeigler, age 15, having been bom October 17, 1992; and WHEREAS, the parties are now separate and apart within the meaning of the Pennsylvania Divorce Code; and WHEREAS, the parties hereto are desirous of resolving 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 support and maintenance of one another 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or -1- indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. It is also specifically agreed by the parties that neither party shall in any way interfere with the other's contractual relationships or disparage the other professionally. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has been represented in this matter by Linda A. Clotfelter, Esquire, and Wife has been represented by Bradley L. Griffie, Esquire. Each party has had the opportunity to review this Agreement with their legal counsel and each fully understands the facts and his or her legal rights and obligations. Each party also acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement -2- acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that. he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the -3- division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory to them. Absent fraud or intentional misrepresentation, each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that Wife has filed a Complaint in the Court of Common Pleas in Cumberland County, Pennsylvania to Docket No. 07 - 3345 Civil. The parties agree that concurrent with the execution of this Agreement they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party may finalize the divorce action in a timely fashion. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. Upon completion of the divorce action, counsel obtaining a divorce decree shall supply to opposing party -4- a copy of the Decree. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as -5- defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The -6- division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, and shall be as follows: A. REAL ESTATE: 1. Residence at 1059A York Road, Dillsburg, Pennsylvania: The parties acknowledge that the jointly titled real estate situate at 1059A York Road, Dillsburg, York County, Pennsylvania, (hereinafter referred to as the "York Road Real Estate"), was purchased during the marriage and was used as the marital residence. It is also acknowledged that the York Road Real Estate is titled in joint names and is presently encumbered by two (2) mortgages. The first mortgage, which as of the date of separation had an approximate principal balance due of $206,251.00 is held by Citimortgage, Inc. and the second, which has an approximate principal balance due of $130,000.00 is held by Value Home Loan. The two (2) mortgages on the York Road Real Estate shall hereinafter collectively referred to as the "Mortgages". The parties have agreed that Husband shall retain the York Road Real Estate. Upon Husband's refinance of the Mortgages and other liabilities as described herein, Wife shall waive any and all of her in the York Road Real Estate, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. Concurrent with the execution of this Agreement, both parties shall execute a notarized deed conveying the York Road Real Estate to Husband, subject to the escrow provisions set for the in 1(c), infra (Duties Pending Refinance). Wife shall be released from mortgage liabilities for the York Road Real Estate by refinance or otherwise, which must take place within forty-five (45) days of the date of execution of this Agreement. The parties also agree upon the following: -7- a. Husband's occupancy. The parties agree that Husband shall be entitled to exclusive use and occupancy of the York Road Real Estate unless Husband defaults in his obligations of this Agreement as described below. It is further agreed that Husband shall be solely responsible for all expenses relating to the York Road Real Estate, including the mortgage payments (that includes principal, interest and taxes), electric bill, sewer bill, water bill, cable bill, and telephone bill, and other similar bills, and he shall hold Wife harmless for same. It is further agreed that all household utility accounts not in Husband's name alone, shall be transferred to Husband's name alone within ten (10) days of the execution of this Agreement, or as soon as reasonably possible. b. Wife's Release from Mortgages. Husband agrees to be solely responsible for the mortgages payments and he is holding Wife harmless for same. Husband shall also take any and all steps necessary to have Wife formally released from any and all liability for the Mortgages on the York Road Real Estate by refinance, as stated above. Husband shall be solely responsible for all costs associated with his refinance and other efforts releasing Wife from liability for the Mortgages and the other liabilities described, below. Husband has applied for the refinance and, absent an occurrence beyond his control or caused by him, the refinance shall occur no more than forty-five (45) days of the date of execution of this Agreement. C. Wife's Release from Other Liabilities. Husband agrees that he is solely responsible for the mortgage payments and he shall have Wife formally released from the Mortgages as described above. Husband shall obtain a Release from N. Zeigler waiving any claim to any reimbursement from Wife for any and all debt owed to N. Zeigler, and Husband shall provide to Wife proof that concurrently with Husband's refinance, Wife was released from the following debt as of the date of separation as follows: The mortgage on the Allenview Drive Property with an approximate balance due of $40,878,00, as per paragraph 8, below. ii. The PNC Bank personal loan with an approximate balance due of $21,108.00. iii. The Bank of America loan for SMZ, P.C. with an approximate balance due of $9,232.00. iv. The loan with N. Zeigler for SMZ, P.C. with an approximate balance due of $8,886.00. V. The loan with N. Zeigler for SMZ Financial Services with an approximate balance due of $11,477.00. -8- vi. The loan with N. Zeigler for the down payment on the York Road Real Estate with an approximate balance due of $75,000.00. vii. The Bank of America credit card with an approximate balance due of $9,231.00. viii. The Discover credit card with an approximate balance due of $6,706.00. ix. The advances owed to N. Zeigler with an approximate balance due of $22,500.00. X. The income taxes owed to the Internal Revenue Service and the Pennsylvania Department of Revenue for the 2005 tax year and to the Pennsylvania Department of Revenue for the 2006 tax year. 2. Residence, 848 Allenview Drive, Mechanicsburg, Pennsylvania: The parties acknowledge that during the marriage an investment property situate at 848 Allenview Drive, Mechanicsburg, Pennsylvania (hereinafter the "Allenview Drive Real Estate") was purchased by the parties. It is also acknowledged that the Allenview Drive Real Estate is presently encumbered by one (1) mortgage with Pennsylvania State Bank that has a current approximate principal balance due of $37,200.00. The parties agree that Wife shall retain any and all marital interests (including the income as of May 1, 2008 and security deposits, if any) in the Allenview Drive Property and Husband shall waive any and all of his interest in same, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. Concurrent with the execution of this Agreement, both parties shall execute a notarized deed conveying the Allenview Drive Real Estate to Wife. Wife shall be released from mortgage liabilities for the Allenview Drive Real Estate by Husband's satisfaction of the current mortgage upon his refinance of the York Road Real Estate that must take place within forty-five (45) days of the date of execution -9- of this Agreement. Husband shall also pay the real estate taxes and association fees for the Allenview Drive Real Estate through May 1, 2008, and he shall provide Wife with a copy of the lease and the contact information for the current tenant in the property and he acknowledges that there are no security deposits being held for the current lease and tenants, so there are none to transfer to Wife. 3. Taxes: Except as otherwise addressed in this Agreement, each party shall be responsible for any taxes owed for income, capital gains or other taxes for the real estate to be distributed to each hereunder. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The parties acknowledge that they have distributed, to their mutual satisfaction their household goods and personal property, with the exception of a few items of personal property that may or may not be within the York Road Real Estate that Wife wishes to retain if they can be located. More specifically, Wife wishes to retain her aunt's picture, yet Husband is unable to locate it within the York Road Real Estate; and Wife also wishes to retain tools that once belonged to her Father, which Husband believes have, for the most part, been given to Wife's family prior to the parties' move to the York Road Real Estate. It is agreed that if such items can be located with the assistance of the parties' mutual friend, Deb Maurer, who will be present when Wife searches for the items and who will then explain to Husband the items sought by Wife, and provided they are removed within thirty (30) days of the date of execution, Wife may retain the items described above that are found. Thus, with the exception of the few items listed above provided they are removed within thirty (30) days as described herein, it is agreed that the household and personal property within each party's possession and control shall be that party's property -10- and the other party shall waive his or her rights to same. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in personal property from one party to the other as set forth herein. C. MOTOR VEHICLES: i. FORD EXPEDITION - It is specifically agreed that Wife shall retain exclusive use, ownership and title of the Ford Expedition purchased during the marriage. Wife shall be fully and solely responsible for any and all financial or other obligations associated with the Ford Expedition and she agrees to indemnify and hold harmless Husband from any and all liability for same. Wife agrees to obtain and maintain the necessary automobile insurance for the Ford Expedition with no lapse in coverage and Husband agrees to execute upon request the title or other documentation if necessary to effectuate the terms of this paragraph as provided herein. ii. GMC Yukon XL - It is specifically agreed that Husband shall retain exclusive use, ownership and title of the GMC Yukon XL purchased during the marriage. Husband shall be fully and solely responsible for any and all financial or other obligations associated with the GMC Yukon XL and he agrees to indemnify and hold harmless Wife -11- from any and all liability for same. Husband agrees to obtain and maintain the necessary automobile insurance for the GMC Yukon XL with no lapse in coverage and Wife agrees to execute upon request the title or.other documentation if necessary to effectuate the terms of this paragraph as provided herein. D. PENSION, PROFIT-SHARING, RETIREMENT, INVESTMENT ACCOUNTS OR OTHER PLANS RELATED TO EMPLOYMENT: The parties acknowledge that Husband has an Individual Retirement Account (IRA) with America Funds; and IRA with John Hancock; and a Roth IRA with American Funds. Wife has an IRA with Oppenheimer IRA and a Roth IRA with American Funds. The parties jointly own a money market account and a stock account with Signature Investors, Inc.. It is agreed that Husband shall provide to Wife the documentation and other information relative to the Oppenheimer IRA account and the American Funds Roth IRA account to be retained by Wife. Both parties acknowledge that they had full disclosure of the values of these assets and they are satisfied with the values utilized in the negotiation of the complete distribution scheme of this Agreement. Accordingly, the parties specifically agree that each party shall retain the pension, profit-sharing, retirement, investment accounts or other plans related to employment in his or her name and the other party shall waive any and all rights he or she may have to same. It is also agreed that the money market account and the stock account with Signator Investment, Inc. shall become the sole and separate property of Husband and Wife shall waive her rights to same. The parties also agree to cooperate fully in effectuating the terms of this paragraph by signing any and all documents that may be required. If either party -12- withdraws any sums from the retirement plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. E. DISTRIBUTION OF CASH ASSETS: The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts and other similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts held in their respective individual names or in any business entity names for the businesses to be retained by the party. If either party remains upon an account to be retained by the other party or the other party's business entity, the parties agree that they shall take all steps that are necessary to title the account to a sole name as per the distribution herein within thirty (30) days of the date of this Agreement. F. BUSINESS ENTITIES: The parties acknowledge that the parties have acquired certain business interests during their marriage. They include: S.M. Zeigler Financial Services, Inc.; Steven M. Zeigler, P.C.; Steven M. Zeigler, Independent Representative; and Cybr Collect. It is agreed that Husband shall retain the interests in the business ventures initiated or acquired during the marriage and their assets and Wife shall waive any rights she may have in same. It is further agreed that Husband shall be solely responsible for any and all liabilities for the business interests initiated or acquired during the marriage and he shall indemnify and hold Wife harmless from same. The parties also agree that immediately upon request, each party shall execute any documentation necessary to complete the intent of this provision. -13- G. LIFE INSURANCE: The parties acknowledge that to the best of their knowledge they do not own any life insurance policies. If a policy should be subsequently discovered, each party agrees that he or she shall retain any and all life insurance policies in his or her name without claim by the other party and those assets shall be that party's sole and separate property. There shall be no restrictions on either party regarding designations of beneficiaries nor shall there be any other limitations regarding the financing, continuation, or termination of any life insurance policies held by either of the parties. H. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 1. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 8. DEBTS. Husband represents and warrants to Wife that since the separation he -14- has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties also agree to the following: a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations that are marital debt. It is their specific desire to address a distribution of those debts herein. The parties agree that each party shall retain as his or her sole and separate obligation the marital debt as described in this section. b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Wife's debts: Wife shall be solely responsible for the following bills and debts: 1. Real Estate Expenses: Effective May 1, 2008, any and all expenses associated with the Allenview Drive Real Estate as referenced in Paragraph 7(A), herein, except that Husband shall pay in full the current mortgage with an approximate balance due of $40,878,00, upon his refinance of the York Road Real Estate. 2. Other Debts: The Kohl's charge account, JC Penney charge account, Carlisle Christian Academy accounts and invoices, and any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. Wife also promises to provide to Husband within five (5) days written documentation that there are no issues with Bentley Zeigler's AES loan and that it is current. d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: -15- 1. Real Estate Expenses: Any and all expenses associated with the York Road Real Estate as referenced in Paragraph 7(A), herein and any and all expenses involved in the refinance of the Mortgages on the York Road Real Estate. He shall also pay in full the mortgage on the Allenview Drive Property with an approximate balance due of $40,878,00, at the time of the refinance of the York Road Real Estate. 2. Loans: The PNC Bank personal loan; the Bank of America loan for SMZ, P.C.; the loan with N. Zeigler for SMZ, P.C.; the loan with N. Zeigler for SMZ Financial Services; the loan with N. Zeigler for the down payment on the York Road Real Estate. 3. Advances: The advances owed to N. Zeigler with an approciamte balance due of $22,500.00. 4. Income Taxes: The income taxes owed to the Internal Revenue Service and the Pennsylvania Department of Revenue for the 2005 tax year and to the Pennsylvania Department of Revenue for the 2006 tax year. 5. AES Loan: The sum of $1,500.00 toward Bentley Zeigler's AES college loan by draft made payable to AES and delivered to Wife's counsel. In exchange, Wife promises to provide to Husband within five (5) days written documentation that there are no issues with the loan and it is current. 6. Other Debts: The Bank of America credit cards, the Discover credit card and any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, or Husband's business entities' names and not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to reasonable attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is -16- individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. In the event any deficiency in federal, state or local income tax is determined or any tax assessment of is levied against the parties for the 2005 and 2006 federal, state and local tax returns, Husband shall be solely responsible for such tax liability, including interest, penalty and any cost of defense of the innocent party and he shall indemnify, defend and hold Wife harmless from all such losses and expenses. 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic -17- circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any support from the other party. In the event that either party makes any claim for spousal support or alimony, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including reasonable counsel fees and costs. 11. CHILD SUPPORT. There is a child support proceeding filed in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania to Docket Number 00426 S 2007 PACSES Case Number 915109213. The Order for child support and spousal support is $1,500.00. Husband had sought to reduce the determination by $300.00 due to the fact that the private school tuition of $330.00 per month is no longer an expense. There is presently a Petition for Modification filed by Father in October scheduled to be heard April 8, 2008. However, since October 2007, Husband has been paying $1,200.00 per month, so he is arrears based upon the order as entered. The parties agree to resolve Husband's Petition for Modification by stipulated Order. Specifically, it is agreed that effective April 1, 2008, the Order shall be for $900.00 for -18- child support only and the claim for spousal support shall be dismissed. The arrears of $300.00 month totaling $1,800.00 shall be paid by Husband no later than six (6) months from the date of execution of this Agreement. If the PACSES computerized program is unable to properly enforce and collect the repayment of the arrears as provided herein without further penalty to Husband, or Husband is unable to close his refinance as described above, then the parties agree that the repayment of the $1,800.00 in arrears shall be handled between the parties and the obligation shall be removed from the PACSES system. If the repayment of the arrears of $1,800.00 can effectively be processed through PACSES without interfering with Husband's refinance, then when the repayment is completed within the six (6) month period, the parties agree to properly notify the Domestic Relations Section of the Court of Common Pleas of the resolution if necessary. It is further agreed that the full monthly sum for the child support payments shall be paid on or before the tenth (10th) day of the month. Upon default, after five (5) day's written notice to Husband of his default and if it is proven that Husband failed to meet his child support obligation in any way, then Wife's obligation set forth herein that she shall not attempt to secure an increase in child support shall be voided for all purposes and Wife shall be free to pursue additional child support if she deems it appropriate and it is allowable per the Pennsylvania guidelines. The parties further acknowledge that the modification of support has been negotiated with the complete distribution scheme of the parties' economic issues in their divorce and further acknowledged that the child support determination of $900.00 is based upon the significant liabilities to be retained by Husband in this Agreement. Accordingly, the parties agree that the child support payment of $900.00 shall not be increased for one and one-half (1 '/z ) years from May 1, 2008. -19- If Wife is awarded an increase in child support within one and one-half (1 '/2 ) years from the modification date of May 1, 2008, then it is agreed that Husband shall be entitled to an equitable reimbursement payment from Wife. Wife shall make a direct payment to Husband by the fifth (5`") of each month and the payment shall be equal to the sum by which the child support order was increased from the current child support determination of $900.00 per month. Wife's obligation to make the payments to Husband as per this paragraph shall terminate upon the reduction of child support to $900.00 or less, or on November 1, 2009, whichever is sooner. Likewise, unless there is a change in custody, Husband shall not request a reduction of the child support amount and it shall remain Husband's obligation until the child reaches 18 years of age, graduates from high school, or if the child is otherwise no longer eligible as a dependent for child support purposes. 12. TAX DEPENDENCY EXEMPTION. The parties agree that Husband shall be entitled to utilize the tax dependency exemption for their son, Cody R. E. Zeigler for the tax year 2007 and thereafter, regardless of the custodial arrangement between the parties. Wife agrees to execute the proper IRS form for required for Husband's tax returns within seven (7) days of his request for same. 13. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of -20- Pennsylvania, or any other jurisdiction. 14. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution schemes, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 15. WAIVER OF CLAIMS. 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. 16. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 17. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws; there are no such proceedings -21- pending with respect to them which have been initiated by others; and they agree not to file a bankruptcy action prior to the completion of their respective obligations of this Agreement. It is stipulated and agreed by the parties that any payment made by one party to or for the benefit of the other party, including the direct payment of marital debt addressed in this Agreement, shall be deemed to be in the nature of support and maintenance and shall not be dischargeable in bankruptcy. The parties acknowledge that the payments and other terms of this Agreement are necessary for the parties to meet their financial obligations and to support and maintain their standard of living. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto and the parties agree to consent to any motion filed requesting that the bankruptcy courts abstain from deciding the dischargeability of the obligations in order to allow the appropriate Court of Common Pleas to rule upon this issue. 18. COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible for their own attorney's fees and costs incurred with respect to the negotiation and drafting of this Marital Settlement Agreement and the divorce proceedings related thereto. 19. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 20. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 21. BREACH. If either party breaches any provision of this Agreement, the other -22- party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. Section 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 22. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 23. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. -23- 24. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 25. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 26. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 27. 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. 28. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 29. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own attorney, if any; and that this instrument expresses the entire agreement between the parties -24- concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 30. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 31. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall. retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 32. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. -25- IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. WITNESS WITNESS MARSHA J. ZEIGLER STEVEN M. ZEIGLER COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2008, before me, the undersigned officer, personally appeared MARSHA J. ZEIGLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. -26- •,y,, . Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of , 2008, before me, the undersigned officer, personally appeared STEVEN M. ZEIGLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public -27- C? ?"' ?t ?? ` ? ,,? ? ???`? •?-:: ? MARSHA J. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW STEVEN M. ZEIGLER, NO. 07-3345 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301T(d)(I)of the?il,'ffse Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by Acceptance of Service on July 27, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 04/29/2008 by Defendant: 04/28/2008 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 30, 2008 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 5, 2008 Br iffie, Esquire I,'& ASSOCIATES Attorney.for Plaintiff n C rs o ° a o -p _ C .° zr; 20 bm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Marsha J. Zeigler Plaintiff No. 07-3345 VERSUS Steven M. Zeigler. Defendant DECREE IN DIVORCE AND NOW, -l ` IT IS ORDERED AND DECREED THAT Marsha J. Zeigler , PLAINTIFF, AND Steven M. Zeigler 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 parties` Property Settlement Agreement, dated April 29, 2008, is incorporated herein, but not merged. BY THE COURT: N-t- ?A'\\ ATTEST: J. PROTHONOTARY /rvw ok