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HomeMy WebLinkAbout03-5674EMILY W. ZEIDERS, Plaintiff VS. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 42,3 - S 679' 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 foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 EMILY W. ZEIDERS, Plaintiff vs. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. EMILY W. ZEIDERS, Plaintiff ? VS. ! WILLIAM W. ZEIDERS, 1 Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. D3 9y IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, EMILY W. ZEIDERS, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is EMILY W. ZEIDERS, an adult individual who currently resides at P.O. Box 301 in Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is WILLIAM W. ZEIDERS, an adult individual who currently resides in Cumberland County, Pennsylvania, whose mailing address is P.O. Box 1403 in Carlisle, Pennsylvania 17013. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 18 April 1987 in Wilkinsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12'h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: /G a7 / ` C 3 EMIL ' . ZEI Rl6f SJ h Lin ,ern t C C EMILY W. ZEIDERS, Plaintiff VS. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o,7 - r` 7,,,z IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on your or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated in mid April 2001 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904 relating to unsworn falsification to authorities. !Y?/ Date: /0- -?/- 0-5 EMILY ZEID1 Re S ?' J o C ..t 7 y T7 C7 , ?[ i ? Z ? 7 _. N ,? e: CCJ Ji. ?? , 5 3 ? ? ? ?' L C ? ' ? m :: _ EMILY W. ZEIDERS, 1 Plaintiff ) 1 1 VS. 1 1 ) WILLIAM W. ZEIDERS, 1 Defendant 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5674 IN DIVORCE ACCEPTANCE OF SERVICE The undersigned, William W. Zeiders, hereby accepts service of the Divorce Complaint filed by Emily W. Zeiders in this matter and of the Affidavit Under Section 3301 (d) of the Divorce Code signed by her, and acknowledges a receipt of copies of the same. Date: b 3 illiam ?Y, Zeiders P.O. Box 1403 Carlisle, PA 17013 n C G r? ? S -° iz rn L CJ ??,11"1 •J Commonwealth of Pennsylvania County of Cumberland, ss: EMILY W. ZEIDERS, Plaintiff VS. WILLIAM W. ZEIDERS, Defendant In the Court of Common Pleas of I Cumberland County, Pennsylvania 1 ! No. 03-5674 CIVIL TERM 1 IN DIVORCE Motion for Appointment of Master EMILY W. ZEIDERS, Plaintiff moves the court to appoint a Master with respect to the following claims: (XX) Divorce ( 1 Annulment ( ) Alimony ( ! Alimony Pendente Lite (XX) Distribution of Property ( 1 Support ( ) Counsel Fees ( I Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action personally. 3. The statutory ground(s) for divorce is/are: 4. Check the applicable paragraph(s). (XX) The action is not contested. ( I An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: ? M A" 2-00& r??'Gz 0, Date uel L. Andes Attorney for Defendant AND NOW, 2006, Esquire, is appointed Master with respect to the following claims: divorce, distribution of property. BY THE COURT, J. I Commonwealth of Pennsylvania County of Cumberland, ss: EMILY W. HIDERS, 1 In the Court of Common Pleas of Plaintiff 1 Cumberland County, Pennsylvania 1 vs. ) No. 03-5674 CIVIL TERM WILLIAM W. HIDERS, ) Defendant 1 IN DIVORCE Motion for Appointment of Master EMILY W. ZEIDERS, Plaintiff moves the court to appoint a Master with respect to the following claims: (XX) Divorce ( 1 Annulment ( 1 Alimony ( ) Alimony Pendente Lite (XX) Distribution of Property ( ) Support: ( 1 Counsel Fees ( 1 Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action personally. 3. The statutory ground(s) for divorce 4. Check the applicable paragraph(s). (XX) The action is not contested. ( 1 An agreement has been reached with respect to the following claims: ( 1 The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: _M ate, 2 c;)& Z 42? Date uel L. An es Attorney for Defendant AND NOW, f j 1U,--k. to 2006, of ca g, Esquire, is appointed Master with respect to the following claims: divorce, distribution of property. BY E COU ?„ 1 G J. EMILY W. ZEIDERS, Plaintiff VS. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5674 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. 4L Same'el L Andes ?n? n Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 1 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 2 , a(c /L? r? ;ay . --zC : . EMILY ZEID RS 2 C? N ?` d ti ? w EMILY W. ZEIDERS, Plaintiff VS. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5674 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about 15 April 2001 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 6;4 ?? EMILY EIDER \,L r EMILY W. ZEIDERS, Plaintiff VS. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5674 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. 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. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-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. Date: WILLIAM W. ZEIDERS NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. Commonwealth of Pennsylvania County of Cumberland, ss: EMILY W. HIDERS, Plaintiff vs. WILLIAM W. ZEIDERS, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 03-5674 CIVIL TERM IN DIVORCE Motion for Appointment of Master EMILY W. ZEIDERS, Plaintiff moves the court to appoint a Master with respect to the following claims: (XX) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (XX) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action personally. 3. The statutory ground(s)for divorce is/are: 4. Check the applicable paragraph(s). (XX) The action is not contested. ( ) An agreement has been reached with respect to the following claims: j CURTIS RAONG e3- S-6 711 Prothonotary Cumberland County One Courthouse Square Carlisle, PA 17013 Mr. William W. Zeiders P.O. Box 1403 Carlisle, PA 17013 ZEI04?33 RET1701 URN ZEIDERG BE UNABLE RETURN 33039 1C05 17 03/17/06 TO SENDER CLOSED TO FORWARD TO SENDER i' Yji` `?_S =99 111,1111"0111" .1114 till, Y)} I, Ili, 11111.11111, I'd, I lII l11i EMILY W. ZEIDERS, Plaintiff vs. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5674 CIVIL TERM IN DIVORCE PLAINTIFF'S OBJECTION TO DEFENDANT'S FIRST SET OF INTERROGATORIES AND NOW comes the above-named Plaintiff by her attorney, Samuel L. Andes, and makes the following objections to Defendant's Interrogatories: 1. Plaintiff objects to all of Defendant's Interrogatories because they violate the local Rules of the Court of Common Pleas of Cumberland County because they exceed in number forty (40) Interrogatories, including subparts. 2. Plaintiff objects to Interrogatory 5 because it is over broad and burdensome. It is not reasonable to have either party review all of the transactions involving personal property owned by the parties for the entire length of their marriage in the detail requested in that Interrogatory. 3. Plaintiff objects to Interrogatory 6 because it is burdensome and over broad in that it requests information about all bank accounts and similar financial assets held by the Plaintiff at any time during the parties' marriage and further because it will not produce information which will lead to admissible evidence in this case. 4. Plaintiff objects to Interrogatory 7 for the same reasons set forth in her objection to Interrogatory 6 and specifically because it would require information about investment transactions and activity throughout the course of the parties' lengthy marriage and would not led to the production of information which will help the parties or the court resolve this matter. 5. Plaintiff objects to Interrogatory 10 for the same reasons she objects to Interrogatories 6 and 7. 6. Plaintiff objects to Interrogatory 12 for the same reasons as set forth in the objections to Interrogatories 6 and 7. 7. Plaintiff objects to Interrogatory 15 because it seeks information which is confidential and private, seeks information which is protected by the attorney-client privilege and is over broad and burdensome and seeks information which will not led to the production of information useful to the party or the court in resolving this matter. 8. Plaintiff objects to Interrogatory 17 because it is over broad and burdensome and seeks information which is not likely to produce evidence which will be admissible in any proceedings in this matter or which will be helpful to the parties or the court in resolving this matter. 10. Plaintiff objects to Interrogatory 19 for the reasons set forth in her objections to Interrogatory 6 and 7. 1 1. Plaintiff objects to Interrogatory 25 because it is over broad and burdensome in that it will require a listing of thousands of payments made to the business which is owned by the parties and will not led to the production of any information which will be useful to the parties, or to the court, in resolving the issues in this case. Samuel L. And 4s Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Ruby D. Weeks, Esquire P.O. Box 397 Carlisle, PA 17013 Date: 10 January 2007 Amy M. rkins Sec etary for Samuel L. Andes T ?Jl 4C_! EMILY W. ZEIDERS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5674 WILLIAM W. ZEIDERS, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 29 October 2003 and served upon the Defendant on 20 November 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 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. Section 4904 relating to unsworn falsification to authorities. Dated: EMILY 61. ZEIDERS c d ni psi Z z ? T Z EMILY W. ZEIDERS, Plaintiff VS. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5674 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 29 October 2003 and served upon the Defendant on 20 November 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 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. Section 4904 relating to unsworn falsification to authorities. Alz°a L) Gds L---" Dated: WILLIAM W. ZEI S ?i ` -???. °? ? ...; ? 'rte , ? E x? . ? ?C '' '?" _ _, ? l ? i ?? ? EMILY W. ZEIDERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 5674 CIVIL WILLIAM W. ZEIDERS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ? day of 2008, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated January 2, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ?Samuel L. Andes Attorney for Plaintiff ?Ruby D. Weeks Attorney for Defendant Gam` Edgar S. Bayley, P.J. 00F% 9-S r'n a t Lec-L L 4.J L t `= a C? N CJ T PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this aJnd day of ja-.-) , 2008, is by and between: WILLIAM W. ZEIDERS, of Carlisle, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and EMILY W. ZEIDERS, of Boiling Springs, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 18 April 1987 and separated in April of 2001 and no children were born of this marriage; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 03-5674 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties were previously involved in the ownership and operation of a business and various other assets and have engaged in informal discovery, through the exchange of financial and other information, and each of the parties has been represented by and has had full and sufficient opportunity to consult with and obtain advice from an attorney of their choice; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. Page 1 of 10 uo NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. YELLOW BREECHES, INC. The parties acknowledge that, during their marriage, they formed a corporation under the laws of Pennsylvania known as Yellow Breeches, Inc., in which each of them owned 500 shares of common stock. The parties further acknowledge and represent that they operated a retail fishing and outdoor supply business through that corporation for several years, after which Husband left the business and ended all of his participation in the operation of the business. The parties agree that Husband shall transfer to Wife all of his stock and other right, title, and interest in and to that corporation and all of the assets and liabilities of the corporation, effective 1 January 2005, so that the corporation and all of its assets and liabilities shall be the sole and separate property and responsibility of Wife from that day forward. The parties agree that they shall make, execute, acknowledge and deliver any and all documents necessary to complete the transfer of all ownership interests from Husband to Wife, and Wife agrees that, in consideration of that transfer, she shall be solely responsible for any taxes or other debts of obligations owed by either of the parties arising out of their ownership of or operation of the corporation up to the date of this agreement and that she shall further indemnify and save Husband harmless from any cost, loss, or expense caused to him by her failure to properly and timely pay and satisfy such obligations. 2. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE. The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. The former marital residence at 206 Third Street in Boiling Springs, Pennsylvania; and B. A vacant lot adjacent to the residence at 206 Third Street in Boiling Springs, Pennsylvania. Page 2 of 10 C. A building lot and mobile home situate on High Street in Boiling Springs, Pennsylvania. D. A commercial building and real estate at which Yellow Breeches, Inc., operates its business which is located at 2 First Street in Boiling Springs, Pennsylvania. E. The annuity contract 710351436, issued by Hartford Life Insurance. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 3. AUTOMOBILES. The parties will transfer to Husband the title to the 2000 Chevrolet Crew Cab 2500 Series pickup truck currently in Husband's possession. The parties will transfer to Wife the title to the 1996 Chevrolet Tahoe currently in Wife's possession, or the proceeds of the disposition of that vehicle if Wife has previously disposed of it. The parties acknowledge that Wife has disposed of that vehicle and replaced it with a 2004 Ford Expedition which she purchased in September of 2007 and the parties acknowledge the Ford Expedition is not marital property. The parties will make, execute, acknowledge and deliver all certificates of title and other documents necessary to transfer title to the vehicles or confirm ownership of the above vehicles and the parties who are to receive them pursuant to this paragraph. Further, each of the parties shall be responsible to pay any and all debts, obligations, and liabilities arising out of their use or ownership of those vehicles, specifically including any debts which encumber the title to the vehicles, from and after the date of the parties' separation in April of 2001 and each party shall indemnify and save harmless the other from any such costs, expenses or liabilities caused by the other by their failure to pay such items for the vehicle to pass to them pursuant to this paragraph. 4. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party Page 3 of 10 shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 5. DEBTS. The parties acknowledge that, during their marriage, they incurred significant debts to M&T Bank or its corporate predecessor, the proceeds of which were used to acquire many of the marital assets, including the corporation and the real estate, and to operate the corporation and its business. The parties further agree that Wife has undertaken to refinance those obligations so they are in her name alone. Finally, the parties agree that Wife shall be responsible to pay and satisfy, in accordance with their terms, all of the debts owed to M&T Bank created during the marriage and, further, Wife shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to pay and satisfy those debts in accordance with their terms. Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any debts in thename of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 6. WIFE'S INVESTMENT ACCOUNT WITH LEGG MASON. The parties acknowledge that, prior to the marriage, Wife owned an investment account with Legg Mason and that there remain assets in that account which remains in Wife's name alone. The parties acknowledge that the balance in the account actually decreased during the marriage and that, therefore, none of the funds or assets in the account, or the account Page 4 of 10 U, itself, are marital property. Accordingly, Husband waives any claim to or interest in said account and confirms it to be the sole and separate property of Wife. 7. CASH PAYMENT. Wife shall pay to Husband, in consideration of the other terms and provisions of this agreement, and as his final share of the marital assets, the sum of Seventy Thousand ($70,000.00) Dollars. That sum shall be paid to Husband contemporaneously with Husband's execution and delivery of deeds to the real estate to be transferred to Wife herein and any other documents reasonably required by Wife's attorney to fully implement and complete the transfer of assets .in accordance with this agreement. The payment shall be in cash and shall be treated by both parties as the final equitable distribution of marital property and not as alimony. 8. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appra#sement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 9. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain Page 5 of 10 V,?O, themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of.or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any ofi.them, of any and all claims, demands, damages, actions, causes of action or suits of law orJn equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as 1i herein otherwise provided, each party hereto may dispose of his or her property in any 11 way, and each party hereby expressly waives and relinquishes any and all rights he or she 11 may now have or hereafter acquire, under the present or future laws of any jurisdiction, to 11 share in the property or the estate of the other as a result of the marital relationship, 11 including, without limitation, the right to equitable division of marital property, alimony, 11 alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in Page 6 of 10 ` intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 12. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce, action. - Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 13. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be flied shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they Page 7 of 10 W? may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 14. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 15. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 16. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. Page 8 of 10 17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 18. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Witness 1A J4 al tkZ WILLIAM W. ZEI R ? _ -?-?-- EMILY . ZEI RS JV6 Page 9 of 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS.. On this, the 0 r' 1 day of , 20CO, before me, the undersigned officer, personally appeared WILLIAM W. ZEI ERS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL. SEAL (?J( J DARCIE A. NEIL, Notary Public Boro of Carlisle Cumberland County My Commission Expires: My Conaah*n 6Wits Nov, .24,_2W9 COMMONWEALTH OF PENNSYLVANIA SS.. COUNTY OF CUMBERLAND On this, the A day of ?;UA U ER y-e 2007, before me, the undersigned officer, personally appeared EMILY W. ZEIDERS' known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ` . My Co ission Expires: AW K VAWK W TAW Fu" j?1OM Page 10 of 10 EMILY W. ZEIDERS, Plaintiff VS. WILLIAM W. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.03-5674 CIVIL TERM 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicating service on or about 20 November 2003 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 1 February 2008 By Defendant: 2 January 2008 (b) (1) Date of execution of the Affidavit required by Section 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 Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 1 February 2008 and filed shortly thereafter. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 2 January 2008 and filed shortly thereafter. Date: 31 /lj&jc? Samuel ndes Attorney for Plaintiff ? a ? 7 "11 ..-. -.., ?? ? Si ?.: _ . ....- ....,? ? 4 ?. -' ?:... _ -. r i'{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ira ,Mk STATE OF PENNA. EMILY W. ZEIDERS, Plaintiff VERSUS WILLIAM W. HIDERS, Defendant No. 2003-5674 CIVIL TERM DECREE IN DIVORCE Zoos AND NOW, , IT IS ORDERED AND EMILY W. HIDERS DECREED THAT AND WILLIAM W. HIDERS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE AqV -h