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HomeMy WebLinkAbout03-5662 GWENDOLYN J. ZAPP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. ,OJ ~ .5 fpf. )- : CIVIL ACTION - LAW v. : DIVORCE EDMUND L. ZAPP, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOUDO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, P A 17013-3302 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GWENDOLYN J. ZAPP, Plaintiff : NO. pj -5',,' J- : CIVIL ACTION - LAW v. : DIVORCE EDMUND L. ZAPP, Defendant COMPLAINT AND NOW, this day of , 2003, comes the Plaintiff, Gwendolyn J. Zapp by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Gwendolyn J. Zapp, an adult individual who currently resides 27 Courtland Road, Camp Hill, Cumberland County, P A 17011 since September, 1988. 2. The Defendant is Edmund L. Zapp, an adult individual residing at 4517C Linden Avenue, Mechanicsburg, Cumberland County, PA 17055 since July 19, 2003. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 16, 1988 at Lawnton, Dauphin County, P A. 5. There have been no prior actions of divorce or annulment between the parties. -1- 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies, 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; b. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs I through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts during their marriage during the period from June 16, 1988, the date of their marriage, until July 19,2003, the date of their separation, all of which are "marital property" or "marital debts" . -2- 12. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non- marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of the marital property and marital debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE, ALIMONY 14. Paragraphs I through 9 are incorporated by reference hereto as fully as though the same were set forth at length, 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs I through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 18. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and -3- reasonable attorney's fees for said counsel. 19. Plaintiff has or will incur costs in this action including, but not limited to, costs for various experts to appraise the parties' marital assets, and does not have the funds to pay the necessary and reasonable fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. COUNT V CUSTODY 20. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length, 21. Plaintiff seeks custody ofthe following child/children: NAME PLACE OF RESIDENCE AGE D.O.B. Christopher Zapp 27 Courtland Road, Camp Hill, 14 November PA 17011 23, 1988 Katelyn Zapp 27 Courtland Road, Camp Hill, 10 November PA 17011 25, 1992 22. The children were not born out of wedlock. 23. The children are presently in the custody of Plaintiff who resides at 27 Courtland Road, Camp Hill, P A 17011. 24. During the past five years, the children have resided with the following persons and at the following addresses: -4- PERSON ADDRESS DATES Gwendolyn Zapp 27 Courtland Road 7/19/03 to present Camp Hill, PA 17011 Gwendolyn Zapp 27 Courtland Road Since birth to 7/19/03 Edmund Zapp Camp Hill, PA 17011 25. The mother of the children is Gwendolyn 1. Zapp currently residing at 27 Courtland Road, Camp Hill, Cumberland County, P A 17011. 26. The mother is married to Defendant, Edmund L. Zapp. 27. The father of the child/children is Edmund L. Zapp currently residing at 4517C Linden A venue, Mechanicsburg, Cumberland County, P A 17055. 28. The father is married to Plaintiff, Gwendolyn J. Zapp. 29. The relationship of Plaintiff to the children is that of mother. 30. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Child Child Christopher Zapp Katelyn Zapp 31. The relationship of Defendant to the children is that offather. 32. The Defendant currently resides with the following persons: NAMES None RELATIONSHIP N/A -5- 33. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 34, Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 35. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 36. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The parties have agreed the children are to live with Plaintiff. b. Plaintiff is the primary nurturing parent. 37. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal and primary physical custody of the children to the Plaintiff, subject to Defendant's liberal and reasonable partial custody rights of the children. j -6- VERIFICATION Gwendolyn J. Zapp verifies that the statements made in this Complaint are true and correct. Gwendolyn J. Zapp understands that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authorities. ~~~j)i}rP Date: /6/;27/03 -7- .. '. .~-t..- ~ --.... --t.. C>.\ ~ j (\ ~ u v- €" o ~ ~ ~ ~ () u. c) , -~ ~g-; zr' ~f; <c: ~o ",,0 ""c ~ 0 C.) ~.~A.'.~ n '1" .-t h";""r~ N :~..:.~~ (X> "';_")0 ',)6' ~ -,"':I...:. ;\:n ~ t~~ --< ~ (3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GWENDOLYN J. ZAPP, Plaintiff NO. o3-57o(o~ cl~,1 CIVIL ACTION - LAW v. DIVORCE EDMUND L. ZAPP, Defendant CERTIFICATE OF SERVICE I hereby certify that I, Diane G. Radcliff, Esquire, served a true and correct copy of the Plaintiffs 3301 (d) Affidavit upon the Defendant, Edmund L. Zapp, addressed as follows by Certified Mail, Restricted Delivery on November 7,2003, the return receipt for which mailing is attached hereto as Exhibit "A" and made a part hereof: Edmund L. Zapp 4517 -C Linden Avenue Mechanicsburg, P A 17055 Respectfully submitted, , SQUIRE 3448 Trind1 oad amp ill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: tah1t.U1<<- t.. 2--1',0 I./S/7-t!. Lmd.tn t2vL. m.u.h(JnIGS~ ,,t),q I '1 OS-~ 3. Service Type o Certified Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4, Restricted Delivery? (Extra Fee) 0 Ves 2. icle Number (Copy from service label) ---.1 'IOn 3-,1p(} aO(J.:J 7/0 ~ & a/a ~orm 3811, July 1999 Domestic Return Receipt \ 102595-99-M-17\9 EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD \ \ 0 c c c. s: ;; '"'Ol:.C' ( (!Jrn . :z: "-- ..'-' :z: [' Cf).J::' ~-/ r:;o '< ~o >2 r ,.-' __0 ~ ,..". l (\ -"- ( ( \ GWENDOLYN J. ZAPP, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-5662 EDMUND L. ZAPP, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW COMES the Defendant, EDMUND L. ZAPP, by his attorney, MAX J. SMITH, JR" Esquire, and respectfully Answers the Plaintiffs Complaint as follows: 1.-3. Admitted. 4. Denied, It is denied that the parties were married on June 16, 1988. The parties were married on June 18, 1988. 5.-7, Admitted. 8A Admitted. 8.B. Denied. As the parties have only been separated briefly, a divorce under Section 3301(d) is not appropriate at this time. 9, Admitted. COUNT II EQUITABLE DISTRIBUTION 10. Neither admitted nor denied, as no response is necessary, 11.-13. Admitted. COUNT III ALIMONY PENDENTE LITE. ALIMONY 14. Neither admitted nor denied, as no response is required, 15. Denied. Plaintiff has sufficient property to provide for her reasonable needs and is gainfully employed. 16. Denied. Plaintiff is gainfully employed and is able to maintain herself in accordance with the standard of living established during the marriage. COUNT IV COUNSEL FEES. COSTS AND EXPENSES 17. Neither admitted nor denied, as no response is required. 18. Admitted in part and denied in part. It is admitted that Plaintiff has employed legal counsel; however, it is denied that Plaintiff is unable to pay her counsel fees, as she is gainfully employed and can afford to pay her attorney fees, costs and expenses. 19. Denied. To the extent Plaintiff believes it is necessary to hire any experts, she is able to pay the cost of same. COUNT V CUSTODY 20. Neither admitted nor denied, as no response is required. 21, Admitted in part and denied in part. It is admitted that Plaintiff is seeking custody of Christopher and Katelyn, but it is suggested that the parties share physical and legal custody of Christopher and Katelyn. 22.-35. Admitted. 36.a. Denied. While Plaintiff may serve as the primary custodial parent, it is expected that Defendant will enjoy significant periods of partial custody, and therefore the children will "live" with both parents. 36.b. Denied. Both parents have been instrumental in providing care for the children. 37, Admitted. WHEREFORE, Defendant prays this Honorable Court to: (a) grant a divorce pursuant to Section 3301(c) ofthe Pennsylvania Divorce Code; (b) deny Plaintiffs request for a divorce pursuant to Section 3301(d) ofthe Pennsylvania Divorce Code; (c) equitably divide the marital property remaining between the parties, at such time is appropriate; (d) deny Plaintiff s request for alimony pendente lite and alimony; (e) deny Plaintiff s request for counsel fees, costs and expenses; (f) deny Plaintiffs request for primary physical custody of the parties' minor children; (g) deny any and all other relief which has been requested by Plaintiff; and (h) order such further relief as the Court may determine equitable and just. Respectfully submitted, Date: November 25, 2003 UJ;i'Y~ MAX J. SMITH, JR, squire LD, No. 32114 JARAD W. HANDELMAN, Esquire LD, No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 I verify that the statements made in this Answer 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, ~~'~ ~~ EDMUND 1. uiJ ,.' . GWENDOLYN J. ZAPP, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-5662 EDMUND L. ZAPP, Defendant : CNIL ACTION - LAW : IN DNORCE CERTIFICATE OF SERVICE AND NOW, this 1J.p day of November, 2003, I, MAX J, SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Diane G, Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (}}l# MAX J. SMITH, JR J.D. No, 32114 JARAD W. HANDELMAN, Esquire J.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 8 0 ,~< w ~'~ 0 ~,;JJ'~' r., (Tj C) ~.t ZS; I ~~ (I).. ~ ; -<"c, :2~ / I ~l:.' " i~)1 18 :x 5 . w ~ .. ~ .$:" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GWENDOLYN J. ZAPP, Plaintiff : NO. 03-5662 : CIVIL ACTION - LAW v. : DIVORCE EDMUND L. ZAPP, Defendant CERTIFICATE OF SERVICE I hereby certify that I, Diane G. Radcliff, Esquire, served a true and correct copy of the Plaintiff's Complaint in Divorce upon the Defendant, Edmund L. Zapp, addressed as follows by Certified Mail, Restricted Delivery on November 7, 2003, the return receipt for which mailing is attached hereto as Exhibit "A" and made a part hereof: Edmund L. Zapp 4517 -C Linden Avenue Mechanicsburg, P A 17055 Respectfully submitted, Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: tdmuYlt<.. t... ZA.PJO t./5/'7-~ Lmcltn u.v/l.. /J7-Uho 1'1/ cs~ ';:?4 /'7 O~5 "-r> 3. Service Type o Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC,Q,O, 4. Restricted Delivery? (Extra Fee) 2. ide Number (Copy from service label) 'TO 3t!IJO t:JOtJ.!J /0'; 6;t:J/() P8"" orm 3811, July 1999 Domestic Return Receipt DYes '02595'99-M_'~ EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD .- , . d <:::> 0 c W -r, s:: ~ .~ ""OD7 TIJ ~rr, C"'") ,"1:1f__ 3,' , -.n1 t;r. '\';1 ,J' CO ). -<..c': '~O kC:' " .-...,., -":--n ~O :x :")0 'C' 6rn $'. ~ f:~ ~ ~ ", -< N --< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GWENDOLYN J. ZAPP, Plaintiff : NO. 03-5662 v : CIVIL ACTION - LAW EDMUND L. ZAPP, Defendant : IN DIVORCE MARITAL AGREEMENT BETWEEN EDMUND L. ZAPP AND GWENDOLYN J. ZAPP TABLE OF CONTENTS INTRODUCTION .... ................... ............... ....... .......... ......... 1 SECTION I General Provisions............................................................. 1 SECTION II Distribution of Property and Debts........................................... 7 SECTION III Counsel Fees, Support & Alimony, Custody Child Support, Health Insurance, Medical Expenses; Educational Expenses ..................... 11 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARy.......................................................................... 16 EXHIBIT "A" MARITAL ESTATE DISTRIBUTION SCHEDULE ................................. 17 INTRODUCTION THIS AGREEMENT made this9!:Jay , 2005, by and between Gwendolyn J. lapp, ("Wife") of 27 Courtland Road amp Hill, Pennsylvania, and Edmund L. lapp, ("Husband") of 4517C Linden Road, Mechanicsburg, Pennsylvania. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on June 16, 1988 in Cumberland County, Pennsylvania, and were separated on June 19,2003. WHEREAS, The parties are the parents of two (2) children: Christopher lapp born on 11/23/1988 and Katelyn Zapp born on 11/25/1992 (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this - 1 - Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Wife's sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.05. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Max J. Smith, Jr., Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or - 2- undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. The parties further agree that their marital estate that is being divided pursuant to the terms of this agreement is comprised of the assets and debts listed on the Marital Estate Distribution Schedule set forth on Exhibit "A" attached hereto and made a part hereof. 1.07. 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 decisions 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. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: - 3 - A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Ri~hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the - 4 - purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 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. 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. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys 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. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching - 5 - party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file joint Federal and state income tax returns for the 2004 tax year and shall equally share in the costs of preparing that return. Any refunds shall be paid to Wife. Any taxes owed shall be paid by Husband. The parties shall file individual tax returns for every tax year thereafter. C. DEPENDENCY EXEMPTIONS. Commencing in 2005, Wife shall be entitled to claim the dependency exemptions for the parties' Children on her applicable tax returns. D. Preservation of Records. Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. - 6 - SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EOUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division, 2.02. DISTRIBUTION OF PROPERTY AND DEBTS TO WIFE. The following marital assets and debts are and shall be distributed to Wife as her sole and separate property and/or as her sole and separate liability and obligation: A. Wife's Personal Prooerty: All items of personal property in the possession of Wife, not otherwise distributed herein. B. Wife's Vehicle(sland Vehicle Loan(s): The 1996 Ford Explorer, or the sale proceeds from the sale or trade in value thereof, and any vehicle loans for the purchase of Wife's Vehicle(s). C. Wife's Accounts: The marital funds previously retained by Wife from the joint PNC checking account, joint PNC savings account and joint Rite Aid Credit Union account. D. Wife's Investments: One-half of the joint PNC Certificate of Deposit previously distributed to Wife. E. Wife's Life Insurance: N / A. F. Wife's Retirement Plans: Wife's Rite Aid 401K and Wife's Wachovia IRA. G. Real Estate: The jointly owned real estate known and numbered as 27 Courtland Road, Camp Hill, Pennsylvania, ("the Real Estate"), encumbered with a mortgage owed to Columbia National Mortgage, ("the Mortgage") securing a note executed by the parties ("the Note"), subject to the -7 - following: A. Conveyance: Within five (5) business days of the date of this Agreement, Husband shall make, execute and deliver to Wife's attorney all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real. The deed of conveyance therefor shall be held in escrow by Wife's attorney until completion of the refinance/assumption of the Mortgage/Note referenced in subparagraph C below, at which time the deed may be recorded by Wife's attorney. B. Liens. Encumbrances and Exoenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. C. Refinance: Wife shall assume or refinance the Mortgage within ninety (90) days of the date of this Agreement so as to release Husband from further liability under the Mortgage/Note. The costs of the Mortgage/Note Assumption or Refinance shall be paid by Wife. H. Wife's Debts: Wife shall be solely liable for and shall timely pay any debts or liabilities incurred in her individual name. I. Monetary Payment: Within ninety (90) days of the date of this Agreement Wife shall pay Husband the amount of $1,324.00. 2.03. DISTRIBUTION OF PROPERTY AND DEBTS TO HUSBAND. The following marital assets and debts are and shall be distributed to Husband as his sole and separate property and/or as his sole and separate liability and obligation: A. Husband's Personal Prooerty: All items of personal property in the possession of Husband, not otherwise distributed herein. B. Husband's Vehicle(s)and Vehicle Loan(s): The 1997 Dodge Caravan, or the - 8 - sale proceeds from the sale or trade in value thereof, and any vehicle loans for the purchase of Husband's Vehicle(s). C. Husband's Accounts: N/ A. D. Husband's Investments: Husband's Rite Aid stock. E. Husband's Life Insurance: Husband's Fidelity Mutual life insurance policy and the cash value thereof. F. Husband's Retirement Plans: Husband's Rite Aid 401K and Husband's Wachovia IRA. G. Husband's Debts: Husband shall be solely liable for and shall timely pay any debts or liabilities incurred in his individual name. H. Monetary Payment: Within ninety (90) days of the date of this Agreement Wife shall pay Husband the amount of $1,324.00 referenced in paragraph 2.02.1. above. 2.04. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Eauitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, - 9- without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party within five (5) business days of the date of this Agreement. D. Waiyer. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any 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. H. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. I. 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 - 10- it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION 11/ COUNSEL FEES, SPOUSAL SUPPORT. APL. ALIMONY. CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. Except as hereafter provided, the parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The foregoing notwithstanding, the parties agree that Husband shall pay Wife alimony in accordance with the following terms and conditions: A. Alimony Period and Amount: Commencing with the date of this Agreement and continuing monthly thereafter through and including October 31, 2008, or until the death of either party, or Wife's cohabitation or remarriage, whichever shall first occur, Husband shall pay Wife alimony at the rate of $300.00 per month ($138.46 biweekly). B. Tax ReportinQ: The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of - 11 - alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement. C. No Modification: The alimony provisions set forth in this Paragraph shall not be subject to modification by the court or the parties absent mutual written agreement. D. Payment Method: The alimony shall be paid bi-weekly to correspond with Husband's pay periods. The alimony shall be paid directly to Wife, unless Husband becomes in arrears in which event it shall be paid through Domestic Relations. 3.03. CUSTODY. The parties shall share legal custody of the children. Wife shall have primary custody. Husband shall have partial custody at such times as the parties shall mutually agree which, at a minimum, shall include two (2) overnights per month and a week during the summer. 3.04. CHILD SUPPORT. Husband shall pay to Wife child support for the support of the children under the following terms and conditions: A. Amount: The base child support shall be $1,020.00 per month ($470.77 biweekly). In addition, Husband shall pay additional child support equal to 23% of the net amount he received for an bonus, said net amount being the net remaining after mandatory deductions for taxes, union dues and mandatory retirement. B. Allocation: The child monthly child support shall be allocated equally between the children. C. Termination and Adjustment: The amount of child support allocated to each child shall terminate upon the later of a child reaching age 18 or graduating from high school, at which time the support, base and bonus amount, for the remaining child shall be adjusted in accordance with state guidelines. D. Modification: The child support amount herein provided is based on the current financial circumstances of the parties and shall be subject to modification based on a substantial change in those circumstances. - 12- E. Payment Method: The base child support shall be paid bi-weekly to correspond with Husband's pay periods. The additional child support for net bonuses shall be paid within five (5) business days of Husband's receipt of a bonus payment. The child support shall be paid directly to Wife, unless Husband becomes in arrears, in which event it shall be paid through Domestic Relations. 3.05. POST-SECONDARY EDUCATIONAL EXPENSES: A. The parties have established accounts for each of their Children's respective post secondary educations, each account having a balance of approximately $23,000.00. Wife shall use and apply those funds to pay for the Children's post-secondary college or vocational educational cost including, but not limited to, tuition, room board, books, fees and supplies reasonable allowance for clothing and transportation to and from school ("Educational Expenses"). Any sums remaining in that when the child graduates from college or other post secondary educational institution, or is no longer matriculated and has reached age 22, shall be paid to that child. B. The parties shall equally contribute to the costs incurred for the Children's Educational Expenses, that are not covered by the application of the $23,000.00 aforesaid, and any scholarships. The parties shall consult with each regarding the selection of the educational institution. 3.06. HEALTH INSURANCE: The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal Rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance for Children: Husband shall continue to provide health, dental and vision insurance coverage on the parties' children for so long as each child is eligible for such coverage, provided that such coverage is available to Husband through his employment at a reasonable cost. - 13- C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the children pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 3.07. MEDICAL. DENTAL AND OPTICAL EXPENSES: The following shall apply to the medical, dental and optical expenses for the Children that are not covered by insurance: A. SharinQ of Expenses: The parties shall equally be responsible for all medical expenses for the children including, but not limited to, doctors, hospitals, dental, orthodontic, vision, prescription and the like, until each child is no longer matriculated in college or other post-secondary educational program. B. Insurance CoyeraQe: If such expense is covered in whole or in part by insurance then the amount of payment owed by each party shall be determined after the insurance payment is made. In the event payment is due before the application of the insurance coverage, then the 50% payment shall be made by each party when the expense is incurred and when the insurance payment is received it shall be divided between the parties equally. C. Documentation: Any party having the insurance coverage on the Children shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical and dental insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. - 14- SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. 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. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: 0J7yfJr1} (SEAL) EDMUND L. ZAPP Date: 6/9 105 ~~9)6~ Date: ~ (SEAL) ~~ 3 .Sh.--~ - 15 - COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF 'L))'-<-AP"-''' On this the q+-h day of ~"--'l , 2005, before me the undersigned officer, personally appeared, EDMUN L. ZAPP, known to me (or satlsfactonly 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. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. n~:^C" LL1, bh;v NOTARY PUBLIC My Commission Expires: h,',;',~,;"\:_ i~ \)F PENf'JS Y LY'!->"\j;~, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Alisa M. Stine, Notary Public Derry Twp., Dauphin County f\1y Commission Expires Nov. 19, 2007 ',"s::Jcial;otl Of Noteries SS. COUNTY OF CUMBERLAND On this the 16th day of Mav , 2005, before me the undersigned officer, personally appeared, GWENDOLYN J. ZAPP, 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. IN WITNESS WHEREOF, I h ve hereunto set my hand and notarial sea. c:,~:.r1L,10r,-,:?\,'E..\!.:,'-i OF PENi';.s'{i..-Vi' :.) ._ [----~Jot~ricti-Seal II Di()ne G. Raddiff. Notary Public Camp Hii! 80m, Cumberland County ~X C?~~-,f'I:;~i~)r~_~:~~;~:I~~.;: ~~':i~_~,_,_~~:~_~J ~}'~'1' ':'. f~.,,','r';,'_'LI,h'd ";r~,-!,J~!un fJ11-,uld"f)S - 16 - EXHIBIT "A" MARITAL ESTATE DISTRIBUTION SCHEDULE NO. DESCRIPTION OF PROPERTY OR DEBT VALUE DISTRIBUTION DISTRIBUTION TO "'"' 'NO 'rOW,"" RE-l 27 Courtland Road, Camp Hill, PA 110,000,00 110,000,00 RE-l Columbia National Mortgage (32,435.30) (32,435,30) Veh-l H's 1997 Dodge Caravan 4,405,00 4,405,00 Veh-2 Wife's 1996 Ford Explorer XLT 4,990.00 4,990.00 Inv-l Husband's Rite Aid Stock 8,685,00 8,685.00 Inv-2 Joint PNC CD 20,000.00 10,000,00 10,000.00 Acct-l Joint PNC Checking Account 248,13 248,13 Acct-2 Joint PNC Savings Account 3,128,89 3,128,89 Acct-3 Joint Rite Aid Credit Union 5,598,71 5,598,71 Ins-l Husband's Fidelity Mutual Life Policy 6,000,00 6,000,00 Ret-l Husband's Rite Aid 40lK 40,602.41 40,602,41 Ret-2 Husband's Wachovia IRA 8,292.93 8,292.93 Ret-3 Wife's Rite Aid 40lK 4,409,29 4,409,29 Ret-4 Wife's Wachovia IRA 14,348.61 14,348.61 HG-l Husband's Personalty In Husband's Possession All Items All Items HG-2 Wife's Personalty in Wife's Possession All Items All Items Debt-l None 0.00 0,00 TOTALS Total of Assets and Liabilities 198,273.67 77,985.34 120,288.33 ADJUSTMENT FOR 40/60 DIVISION Totals from above 198,273.67 77,985.34 120,288.33 Amount Due in 40/60 Division 79,309,47 118,964.20 Adjustment Figure for 40/60 1,324.13 (1,324.13) - 17 - rf. .-.... tJ) ~" ,-;' '.-' "-- ,.., ~:::> ~, <-f" <- c:. ;a:::: - W c.:;,. :t"2~ z :2 ~ :?-n rn-p:: -om eny ~,~() ..,- --;'\ r"521 _,,0 t5rn "", ~p. ~ :P" -;; '? w "'- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GWENDOLYN J. ZAPP, Plaintiff V. EDMUND L. ZAPP, Defendant NO. 03-5662 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 28, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date affiling and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: G jq 105' I h ') 'GWE~~~~U'J<' 2 r-o """ ~ """ ;;:"""" "-" -otf ~ ~ rnr"', ~fi, -?" .._' ~ .. - ~\~~: - w :Db 9 r2.c ....,.-'-r. ~(.'. ~ -~ :r' ~() QC) C Cf? (s.rn ~ --\ w ~ w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GWENDOLYN J. ZAPP, Plaintiff V. EDMUND L. ZAPP, Defendant NO. 03-5662 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on October 28,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date affiling and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: t//9//J!) , ( ~~ENDANT g r-> ~ ~ :co ~)l3-:; ~ ~~ rr'rr, ZOoT: :;;z: 2~~~ - ,!~:'> (;0) ~~ ~C:.:, :~ . 4(.' ~ ~-")~ S;~ C!? Ern ~ ig 2 w w '-< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GWENDOLYN J. ZAPP, Plaintiff V. EDMUND L. ZAPP, Defendant NO. 03-5662 CIVIL ACTION - LAW IN DIVORCE 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 in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Dated: vlg 105' ~1'?J~, <2- ,~ ~ ~ ""'" ~ ~~~: 1.-'p~-:'" ""4../.' '2; 'C" ~"" :~,~,,~ ~.-_..~ yC~ ~ Q, ~~ :?;Q -- "~Q; <..:> -"CCC].' - q..:~ ~ '0 ;? d? yo: . :;i <..:> s:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GWENDOLYN J. ZAPP, Plaintiff V. EDMUND L. ZAPP, Defendant NO. 03-5662 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Dated: ~ycr ./7/::f ~ ~~ EDMU~D '. , }'ENDANT 0 r-:> 0 c: g ~n ~.:>" U' ~::;~ <- ~ ""\J\"'j iJi{I' s.:; f\1:P ,,!..-.:i - -oM1 ;:: ,~: (f.?,i-' c..:> :o';S -<..:.: (2\ ~c ~ :~r:.~ ~() ,-"]-' .... ""~ 3>(> i5 c: C? .-,~ Z :B: :2 c..:> ~ w Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLYANIA NO. 03-5662 GWENDOLYN J. ZAPP, v Defendant CIVIL ACTION - LAW IN DIVORCE EDMUND L. ZAPP, PRAECIPE OF 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 DIYORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERYICE OF THE COMPLAINT: a. Date of filing of Complaint: October 28, 2003 b. Manner of Service of Complaint: Certified Mail/Restricted Delivery Co Date of Service of Complaint: November 7, 2003 3. DATE OF EXECUTION OF THE AFFIDAYIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIYORCE CODE: a. Plaintiff: June 9, 2005 b. Defendant: June 9, 2005 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAYIT REQUIRED BY SECTION 3301 (D) OF THE DIYORCE CODE AND DATE OF SERYICE OF THE PLAINTIFF'S 3301 (D) AFFIDAYIT UPON THE DEFENDANT: a. Date of Execution: N/ A b. Date of Filing: N/ A c. Date of Service: N/ A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated June 9,2005, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERYICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(1) OF THE DIVORCE CODE: a. Date of Service: N/ A b. Manner of Service: N/ A OR DATE WAIYER OF NOTICE IN SECTION 3301 (C) DIYORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: June 13, 2005 b. Defendant's Waiver: June 13, 2005 DCLlFF, ESQUIRE 8 T' e Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 --v i1~,\ ri""r (1 "->,"."- z'. (.f),~ 2t .c.. :;.:(--: 0,'() .,).r4;,C-: Z -;l - o ~ ~ ~ t..- c: ~ - c,.;l Q, :r!.." ,11 ~_ -<:I' '0 b .=-:'!-r; ''':L-rJ b- ~~ ~::\ ';;;: :5l :::; -~ CP. <." U1 .. . . " :t:f.:+;*'if.T.+ :+;:+::fil'<f ~~+.+.++.+.+.++++++ +. ~+++:f+'+'+'+' ++++.+++++++++++++~ + + + + + + + + + . . IN THE COURT OF COMMON PLEAS , , , , , , OFCUMBERLANDCOUNTY , , STATE OF , . , . . . . + . + . . GWENDOLYN J. ZAPP, Plaintiff VERSUS + , , , . . . . EDMUND L. ZAPP, Defendant , . , + . . + . . + + + . + + + + + + + + + + + + + PENNA. No. 03-5662 CIVIL TERM DECREE IN DIVORCE ~8:'l)A.~ . AND NOW, ~~ I) ,2005 , IT IS ORDERED AND DECREED THAT GWENDOLYN J. ZAPP , PLAINTIFF, AND EDMUND L. ZAPP , 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; . . . . No issues are outstanding. All issues have been resolved and settled by the partles' Mar~tal Agreement dated June 9, 2005, flIed at record and incorporated into, but not + . . + + + + + + + + . + + . + + + + + + . . . . + +.. , , ATTEST: + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + . + . + . + + . + + . + . . + + + . + + + + + + + + + + . + + + + . + + J, + + + + + + + + + + + + + + + + + PROTHONOTARY + +. ~+ +++++++++++++++++++ ++++++ ++++++++++++++++++++~ + _~ ~ ~~){, YJ.11.~ ~ P '?- /f/'": low p?J P 1/" .. .....'. .;. ~'" . -