HomeMy WebLinkAbout06-3982DIANA L. ZARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNT/JY, P~/EN~NSp-Y~L~V,ANIA
vs. : NO. D~O-3TCr~.. `toy C. ~ "~- l
RICHARD N. ZARKER, : CNIL ACTION- AT LAW- IN DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
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 the divorce is indignities or irretrievable breakdown of the marriage,
you may request mamage counseling.. A list of mamage counselors is available in the Office of
the Prothonotary at the Cumberland County Courthouse, Cazlisle, Pennsylvania.
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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166
DIANA L. ZARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. OL ~ ~i ~/ Pz Ccv~-1 ~tv~-
RICHARD N. ZARKER, :CIVIL ACTION- AT LAW- IN DIVORCE
Defendant
DIVORCE COMPLAINT
The Plaintiff, Diana L. Zazker, by and through her attorneys, The Law Offices of Patrick
F. Lauer, Jr., LLC, makes the following Complaint in Divorce:
COUNT I-NO FAULT DIVORCE--§§ 3301(c) or 3301(d)
1. The Plaintiff, Diana L. Zarker, is an adult individual currently residing at 1101
Lindham Court, Apartment 809, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant, Richazd N. Zarker, is an adult individual currently residing at 120
East Green Street, Shiremanstown, Cumberland County, Pennsylvania, 17011.
3. The parties have been bona fide residents of the Commonwealth of Pennsylvania
for at least six months immediately prior to the filing of this complaint.
4. The parties were married on May 27, 1989, in Enola, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. There aze two minor children to this man•iage, Katy Zarker, born September 15,
1989, age 16, and Lita Zazker, born December 3, 1993, age 12.
7. The mazriage is irretrievably broken.
8. The Plaintiff has been advised that counseling is available and that the Plaintiff
may have the right to request that the court require the parties to participate in counseling.
9. This action is not collusive.
WHEREFORE, the Plaintiff requests this Honorable Cour[ enter a decree of Divorce in
this matter.
Respectfully submitted,
Shana M. Pugh, sq re
Law Offices of Patric F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011
Date: `" 7i~ ID# 200952 Tel. (717) 763-1800
DIANA L. ZARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO.
RICHARD N. ZARKER, :CIVIL ACTION- AT LAW- IN DIVORCE
Defendant
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein aze made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom
falsification to authorities.
Date: `% ~+ ~/~~ Signature: ` ' ""
Diana L. Z~ cer
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DIANA L. ZARKER,
Plaintiff
v.
RICHARD N. ZARKER JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-3982 civil term
CIVIL ACTION - LAW
DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 12, 2006 .
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to
Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final.
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.
Date: l
Richard N. Zarker, Jr. '
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DIANA L. ZARKER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. N0.06-3982 civil term
RICHARD N. ZARKER JR., CIVIL ACTION -LAW
Defendant DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
§ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by
the Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating
to unsworn falsification to authorities.
DATE: ~//~
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~_ day of June, 2006, by and between
Diana L. Zarker, (hereinafter "WIFE") and Richard N. Zarker, Jr., (hereinafter
"HUSBAND");
WITNESSETH:
WHEREAS, the parties hereto were married on May 24, 1989 , in Enola,
Cumberland County, PA; and separated on May 25, 2006; and
WHEREAS, the parties have two (2) children of this marriage, Katy Zarker
born September 15,1989 and Lita Zarker born December 3,1993.; and
WHEREAS, difficulties have arisen between the parties and it is therefore
their intention to live separate and apart for the rest of their lives and the parties are
desirous of settling completely the economic and other rights and obligations
between each other, including, but not limited to: the equitable distribution of the
marital property; past, present and future support; alimony, alimony pendente liter
and, in general, any and all other claims and possible claims by one against the other
or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises
hereinafter to be kept and performed by each party and intending to be legally
bound hereby, the parties do hereby agree as follows:
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel. WIFE is represented by
Shana Pugh, Esquire of Law Offices of Patrick Lauer. HUSBAND is represented by
Joanne Harrison Clough, Esquire.
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their
respective legal rights and obligations, or if counsel has not been consulted,
expressly waiving the right to obtain such knowledge. The parties each
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acknowledge that this Agreement is fair and equitable and is not the result of any
fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that
they shall secure a mutual consent no fault divorce pursuant to ~ 3301() of the
Divorce Code. A divorce action will be filed by HUSBAND with the Court of
Common Pleas of Cumberland County, Pennsylvania, after execution of this
Agreement. The parties agree to execute Affidavits of Consent for divorce and
Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently
with the execution of this Agreement or upon expiration of ninety (90) days after the
service of said complaint on WIFE.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that
the terms of this Agreement shall be incorporated into any Divorce Decree which
may be entered with respect to them and specifically referenced in the Divorce
Decree. This Agreement shall be incorporated but shall not merge with the divorce
decree, but shall continue to have independent contractual significance.
3. SEPARATION.
HUSBAND and WIFE acknowledge they have been legally separated since
May 24, 2006 although WIFE has returned to the marital residence at times since that
date at which time the parties have been living separate and apart with in the same
residence.
4. DATE OF EXECUTION.
The "date of execution" and "execution date" of this Agreement shall be
defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution' or
"execution date ' of this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
5. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of
the other from any and all rights and obligations which either may have for past,
present, or future obligations, arising out of the marital relationship or otherwise,
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including all rights and benefits under the Pennsylvania Divorce Code of 1980, and
amendments except as described herein.
Each party absolutely and unconditionally releases the other and his or her
heirs, executors, and estate from any claims arising by virtue of the marital
relationship of the parties. The above release shall be effective whether such claims
arise by way of widow's or widower's rights, family exemption, or under the
intestate laws, or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving
spouse to participate in a deceased spouse's estate, whether arising under the laws
of Pennsylvania, any state, Commonwealth, or territory of the United States, or any
other country.
Except for any cause of action for divorce which either party may have or
claim to have, each party gives to the other by the execution of this Agreement an
absolute and unconditional release from all claims whatsoever, in law or in equity
which either party now has against the other.
6. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial
disclosure of the other as an inducement to the execution of this Agreement. Each
party understands that he/she had the right to obtain from the other party a
complete inventory or list of all property that either or both parties owned at the
time of separation or currently and that each party had the right to have all such
property valued by means of appraisals or otherwise. Both parties understand that
they have right to have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and
that this Agreement is not a result of fraud, duress or undue influence exercised by
either party upon the other or by any person or persons upon either party.
7. SEPARATIONJNON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all
respects as fully as if they were unmarried. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or
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employment which to him or her may seem advisable. WIFE and HUSBAND shall
not harass, disturb, or malign each other or the respective families of each other.
8. REAL PROPERTY.
The parties are the joint owners of real property located at 120 E. Green
Street, Shiremanstown, Cumberland County, PA,17011. HUSBAND and WIFE agree
that in consideration of the mutual promises set forth herein and the other property
transfers set forth in this Agreement, and in consideration of HUSBAND tendering
to WIFE the sum of $15,500.00 said amount representing 1/z of the net equity in the
marital residence less refinancing costs, WIFE shall transfer any and all right, title,
claim and interest in said property to HUSBAND. WIFE agrees to execute a deed
transferring her interest in the property to HUSBAND contemporaneously with the
execution of this Agreement.
HUSBAND has been approved for a refinancing loan and HUSBAND will
refinance the debt on the marital residence and remove WIFE as an obligor on said
obligations within 10 days of the date of the execution of this Agreement. WIFE
acknowledges that since this is a refinancing loan, there is a federally mandatory 3
business day right of rescission and WIFE's monies cannot be disbursed until 3
business days after the date of the refinancing settlement. HUSBAND agrees to
indemnify WIFE and hold her harmless on all other real estate taxes or expenses
associated with this property.
9. DEBTS.
HUSBAND and WIFE acknowledge that each party shall be responsible for
the following debts:
A. HUSBAND agrees:
1. to pay to the Wells Fargo Credit Card Account (in wife's name) the
sum of Two Thousand Dollars toward WIFE'S balance of approximately
$4,200.00 and WIFE shall be responsible for the balance of this loan.
2. HUSBAND agrees to pay the balance due on the Chase Account
No. 1820000007542637 in the amount of $1,372.74 and hold WIFE harmless
therein. HUSBAND shall retain as his sole property the computer purchased
with this account.
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B. WIFE : Wife shall be solely responsible for any credit cards, charge cards,
or debts in her own name, including but not limited to her Cell phone, less Katy's
part, Citi Card Account No. 5424 1807 8559 1055, including any post separation cash
advances, and the balance of Wells Fargo account.
If a party has acquired debt, the parties agree that each shall assume full and
complete responsibility for his or her own debts.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which
WIFE or her estate might be responsible, and he shall indemnify and save WIFE
harmless from any and all claims or demands made against her by reason of such
debts or obligations incurred by him since the date of said separation, except as
otherwise set forth herein.
WIFE represents and warrants to HUSBAND that since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which
HUSBAND or his estate might be responsible, and he shall indemnify and save
HUSBAND harmless from any and all claims or demands made against him by reason of
such debts or obligations incurred by her since the date of said separation, except as
otherwise set forth herein.
10. RETIREMENT BENEFITS.
HUSBAND is the owner of a 401k through his employment. Said 401k
had a 6-7-2006 account value of $59,002.21. HUSBAND agrees to transfer to WIFE
via a Qualified Domestic Relations Order (QDRO) a sum equal to 1/z of the
distribution date 401k account balance. WIFE acknowledges that said 401k rollover
must be made after a final decree in divorce is issued. WIFE recognizes that the 401k
monies will be segregated by HUSBAND'S 401k plan administrators into an account
in WIFE'S sole name pursuant to the QDRO Order after the parties are divorced.
WIFE and/or WIFE'S counsel shall be responsible for the preparation and filing of
the proposed QDRO Order. HUSBAND agrees to cooperate fully in executing the
QDRO and any other documents necessary to effect the transfer of WIFE`S portion of
said 401k via the QDRO. WIFE acknowledges she will solely be responsible and
bear any tax consequences if she elects to withdraw all or part of the 401k monies
she receives via the QDRO.
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HUSBAND is also eligible for certain retirement/ pension benefits from his
employer UPS Freight in addition to his 401k. HUSBAND and WIFE agree that
WIFE shall receive 50% of the marital portion of said retirement pension via a
Qualified Domestic Relations Order,(QDRO) to be prepared by WIFE and WIFE'S
counsel at WIFE'S expense to be distributed to WIFE in accordance with the
following coverture fraction formula:
Total marital month of service through 5-24-2006 x Monthly x 50% =WIFE'S share.
Total months of HUSBAND'S employment Benefit
HUSBAND shall cooperate in signing the QDRO documents to effect said
transfer.
In the event WIFE predeceases HUSBAND, then the parties children Katy,
Lita and stepson Zach Gigeous shall receive WIFE'S portion of said retirement and
WIFE shall list the children as irrevocable beneficiaries of 100% of any of
HUSBANDS retirement monies WIFE may be entitled to receive post WIFE'S death.
In no event shall any of HUSBAND'S retirement or WIFE'S share of HUSBAND'S
retirement be transferred, bequeathed or otherwise distributed to any individual(s)
other than HUSBAND, WIFE or the parties children.
HUSBAND hereby waives his right, title and interest to any of WIFE'S
pension and/or retirement and any and all other retirement benefits, otherwise
disclosed. WIFE hereby waives his right, title and interest to any of HUSBAND'S
pension and/or retirement and any and all other retirement benefits, otherwise
disclosed.
The parties specifically waive any and all other retirement benefits obtained
by the parties pre-marriage, during marriage, and post-separation. The individual
who holds said benefits shall own the property solely and individually. Each party
waives their right to title and interest to the other party's benefit.
11. BANK ACCOUNTS
The parties acknowledge that they have divided the marital bank accounts to
their satisfaction. The bank accounts held solely in individual names shall become
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the sole and separate property of the party in whose name it is registered. Each
party does hereby specifically waive and release his/her right, title and interest in
the other party's respective accounts.
12. LIFE INSURANCE.
HUSBAND maintains a term life insurance policy through Prudential,
policy No. R1070072, with a current premium fund maximum permissible withdraw
of $2,944.52. HUSBAND agrees to transfer to WIFE the gross sum of $2,944.52 less
taxes which will be withheld by insurer at the time of distribution. Said monies shall
be distributed to WIFE upon distribution by insurer.
13. PERSONAL PROPERTY.
Except as set forth here below, the parties hereto mutually agree that they
have divided all furniture, household furnishings and personal property between
them in a manner agreeable to both parties. The parties mutually agree that each
party shall from and after the date of this Agreement be the sole and separate owner
of all tangible personal property in his or her possession.
HUSBAND shall retain the pieces of furniture purchased with the Wells
Fargo Loan as follows:
a. Recliner Love Seat
b. Love Seat
14. VEHICLES.
The parties own a 1999 Dodge Durango. Said vehicle is encumbered by a
home equity loan against the marital residence with an approximate balance of
$15,596.18.
HUSBAND agrees to be solely responsible for the balance due on the home
equity loan and HUSBAND will pay said obligation in full and tender to WIFE the
sum of $2,500.00 at the time of execution of title transfer papers in consideration of
WIFE transferring the Durango to HUSBAND.
15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be
performed by that party for the benefit of the other party pursuant to the provisions
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of this Agreement, the debtor spouse hereby waives, releases and relinquishes any
right to claim any exemption (whether granted under State or Federal law) to any
property remaining in the debtor as a defense to any claim made pursuant hereto by
the creditor-spouse as set forth herein, including all attorney fees and costs incurred
in the enforcement of this paragraph or any other provision of this Agreement. No
obligation created by this Agreement shall be discharged or dischargeable,
regardless of Federal or State law to the contrary, and each party waives any and all
right to assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial
reorganization proceedings by either party in the future, any monies to be paid to
the other party, or to a third party, pursuant to the terms of this Agreement shall
constitute support and maintenance and shall not be discharged in bankruptcy.
16. CUSTODY AND CHILD SUPPORT
A. CUSTODY
HUSBAND and WIFE agree that HUSBAND shall have primary
physical and legal custody of the minor children Katy and Lita. The parties shall
cooperate in making decisions affecting the health, safety, education and welfare of
the children. MOTHER shall have reasonable periods of partial custody for
visitation with the children. HUSBAND and WIFE agree this custody portion of this
Agreement may be filed by HUSBAND at his expense and reduced to a Court Order.
B. CHILD SUPPORT
HUSBAND and WIFE agree that HUSBAND will not seek child support from
WIFE.
17. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE.
HUSBAND agrees to pay to WIFE the sum of $400.00 per month for three
months or until the divorce is final or ,from the date of execution of this Agreement
whichever first occurs, with the first payment due WIFE at the time of execution of
this Agreement. The parties hereby expressly waive, release, discharge and give up
any and all rights or claims which either may now or hereafter have for spousal
support, alimony pendente lite, alimony, or maintenance except as set froth in this
Agreement. The parties further release any rights that they may have to seek
modification of the terms of this Agreement in a court of law or equity, with the
understanding that this Agreement constitutes a final determination for all time of
either party's obligations to contribute to the support or maintenance of the other.
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18. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel
fees, costs and expenses. Neither shall seek any contribution thereto from the other
except as otherwise expressly provided herein.
19. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and
the other party retains counsel to assist in enforcing the terms thereof, the breaching
party will pay all reasonable attorneys' fees, court costs and expenses (including
interest and travel costs, if applicable) which are incurred by the other party in
enforcing the Agreement, whether enforcement is ultimately achieved by litigation
or by amicable resolution. It is the specific Agreement and intent of the parties that a
breaching or wrongdoing party shall bear the obligation of any and all costs,
expenses and reasonable counsel fees incurred by the nonbreaching party in
protecting and enforcing his or her rights under this Agreement.
20. WAVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a.) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
(b.) The right to obtain an income and expense statement of either
party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules
of Civil Procedure; and
(e.) The right to have the court make all determinations regarding
marital and non-marital property, equitable distribution,
spousal support, alimony pendente lite, alimony, counsel fees
and costs and expenses.
21. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to
carry through the terms of this Agreement, including but not limited to, the signing
of documents.
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22. VOID CLAUSES.
If any term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement, and in all
other respects this Agreement shall be valid and continue in full force, effect and
operation.
23. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
24. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties, and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
25. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and
HUSBAND acknowledge the receipt of a duly executed copy hereof.
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Richard N. Zarker, Jr,.
Witness
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Diana L. Zarker
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
On the ~ ~`' day of ~~~-~" 2006, before me, a
Sfi~~~ ' , /c.~a a the undersi ed
Notary PuLhc m and fir the ~n
officer, personally appeared Diana L. Zarker, known to me (or satisfactory proven)
to be one of the parties executing the foregoing instrument, and she acknowledges
the foregoing instrument to be her free act and deed.
IN WITNESS WHERE a eunto set my hand and notarial seal the
day and year first above wr' P~""~""'•YLF
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~9 ~~ B V\~~'~~ Nota Public
~ Ofi ~CC3~-~P My Commission Expires: 92 ~~ j ~" C~
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUmt~r2L~1N~
On the ~ ~ Si- day of ~L,t -~-~- , 2006, before me, a
Notary Public in and for the Commonwealth of Pennsylvania, the undersigned
officer, personally appeared Richard N. Zarker, Jr., known to me (or satisfactory
proven) to be on of the parties executing the foregoing instrument, and he
acknowledges the foregoing instrument to be his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written.
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Notary Pu 'c
My Commission Expires: Uc4abps~' ~-7, ~od-1
COMMONWEALI"N OF PENNSYLVANIA
Notarial Seal
Mary M. Loper, Notary Public
Camp Hitl Boro. Cumberland County
My Canmission Expires Oct 27, 2007
Member, Pennsylvania Association Of Notaries
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Fran :ACA MORTGAGE 717 591 ~ X65; - ~, 06/ 13/2006 11:50 #267 P .LXl2/005
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COpIMONWEALTH OR PBNNSYWANIA
COUNTY of Cumbetrland
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AND NOW, Thle lath day at lure, 3004 bekre the undendpnad perssbnally appeered Duna L Xtirker ((Deponent) be1nQ duly carom
eccadMq to law, does depate and eay that oo the test aT dapont!nt'a;knawled4ay Intorrrtatlan and belief the deponent is en owner of
file above captioned premises (Premises? by virtue of flora IblN:win~ Iftepvmertti Deed t9ated 17./11/6B, Recorded 1?J13/89, In
gook H34, Pape 1132, Recertted In Curtt4riend County Reoor+der ~~f ppds Cftilce
yes" or"no"
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performed, on fha sewer or water tines, tldeyya-ks, or for the rprrovst IIer abatement of nukaneea, far the wmoval,
wpak or Installation of curbs, shiawrlha, wsMt, or drwaways, for ;vhleh fiun7erp.t catlmt could ba Agtl apslnst the
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Policy C'everlnp the above detacMbed pnrttleas, knowlnp khat It s retytny on tht:'accurecy dt the statemen
SWORN AND SUB6CR1BeD BEFORE ME 'fH]S 16th day of lone, 7A0a. Edward L Wyyell
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DIANA L. ZARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 06 - 3982
RICHARD N. ZARKER, :CIVIL ACTION- AT LAW- IN DIVORCE
Defendant
PRAF,C'><PF T(1 TRAN~MI<T RF.C'()Rn
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for Divorce: Irretrievable breakdown under § 3301(c) -~=~~£~
of the Divorce Code. (Strike out inapplicable section)
2. Date and Manner of service of the Complaint: Attorney for the Defendant,
Joanne Harrison Clough, Esquire, accepted services of the Divorce Company on July 18,
2006. See attached Acceptance of Service.
(Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by § 3301(c) of
the Divorce Code: by the Plaintiff Nwemher ?9r?O0~ y
by the Defendant Nnvemher 4, ?nn~ .
(b) Date of execution of the affidavit required by § 3301(d) of the
Divorce Code:
Date of filing of the Plaintiff s affidavit upon the respondent: ;
Date of service of the Plaintiff s affidavit upon the respondent:
4. Related claims pending: Please inc~rnc,rat ., withnnt merging, the attached
Marital Settlem nt Aureement nfthe nartiec intn the T~iv~rce 17 re
5. (Complete either paragraph (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 Plaintiffs Waiver of Notice in § 3301(c} Divorce was filed with
the prothonotary: filed simultane~»sl~ w/Praecin .
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed
with the prothonotary: Nwemher 15, ?(lOF
Respectfully submitted,
Marlin L. Markley, Esquire
Law Offices of Patrick F. Lauer, Jr., LLC
2108 Market Street, Aztec Building
~ Camp Hill, Pennsylvania 1 70 1 1-4706
Date: ~ ~ ' ~ ~ Z `~~~ ~' ID# 84745 Tel. (717) 763-1800
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DIANA L. ZARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO.: 06-3982 CIVIL TERM
RICHARD N. ZARKER, :CIVIL ACTION- AT LAW- IN DIVORCE
Defendant
I, Joanne Harrison Clough, Esquire, attorney for the Defendant, Richard N. Zarker, in the
above-captioned matter, accept service of the COMPLAINT IN DIVORCE pursuant to
Pennsylvania Rule of Civil Procedure, Rule I930.4(d). I certify that I am authorized to accept
service on behalf of the Defendant.
i
JOA 'HARRISON CL U H, ESQUIRE
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DIANA L. ZARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 06 - 3982
RICHARD N. ZARKER, :CIVIL ACTION- AT LAVV- IN DIVORCE
Defendant
PLAINTIFF'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c} OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c} of the Divorce Code was filed on July
12, 2006.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety i
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
4. I 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 ~I
unsworn falsification to authorities.
Date: `~~ ~ ~~"~ ~ ~ ~ Si nature: ~~~ 't~~a~~t/
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DIANA L. Z R
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DIANA L. ZARKER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 06 - 3982
RICHARD N. ZARKER, :CIVIL ACTION- AT LAW- IN DIVORCE
Defendant
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim 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.
4. I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Date: ~ ~ i ~` ~ ~ ~ "~ Signature:
DIANA L. ZARKE
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1 N THE COURT OF GOM MON PLEAS
OF CUMBERLAND COUNTY
STATE OF •~ PENNA.
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DIANA L. ZARKER,
Plaintiff
N O. 2006-3982
VERSUS
RICHARD N. ZARKER
Defendant
DECREE IN
DIVORCE
AND NOW~~IJ ~~ ~!`~`~~ ~ lT IS ORDERED AND
DECREED THAT
AND
Diana L. Zarker
PLAINTIFF,
Richard N. Zarker
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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; ~~n
The attached Marital Settlement Agreement dated June 16, 2006
is incorporated, without merger, herein.
BY THE
ATTEST: J
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PROTHONOTARY
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DIANA L. ZARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No.06-3982
RICHARD N. ZARKER, :CIVIL ACTION - AT LAW - IN DIVORCE
Defendant/Respondent
MnTTnN FnR ENTRY nF (~nR()
AND NOW comes the above-named Plaintiff, Diana L. Zarker, by her attorney, Marlin L.
Markley, Esquire, and moves the court for entry of a Qualified Domestic Relations Order in the
form as attached hereto, and in support thereof avers:
1. The Plaintiff herein Diana L. Zarker, is an adult individual who currently resides at
304 East Main Street, First Floor Rear, Shiremanstown, Cumberland County, Pennsylvania 17011.
2. The Defendant herein Richard N. Zarker, is an adult individual who currently
resides at 120 -East Green Street, Shiremanstown, Cumberland County, Pennsylvania 17011.
3. Plaintiff filed a divorce complaint in Cumberland County on July 12, 2006.
4. The economic issues in this case were resolved with a Martial Settlement
Agreement signed by the parties on June 16, 2006. Attached hereto as Exhibit "A".
5. The attached QDRO was determined by UPS Savings Plan and the UPS Qualified
Stock Ownership Plan to constitute a qualified domestic relations order in accordance with Section
206(d)(3) of the Employee Retirement Security Act of 1974.
WHEREFORE, Plaintiff Diana L. Zarker, requests the Court to approve and sign the
Qualified Domestic Relations Order that has been signed by the parties counsel.
Respectfully subrr~i
_~,.~~ Marlin arkl ,Esquire
La ffices o atrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
Date: April 3, 2007 ID# 84745 Tel. (717) 763-1800
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~~ day of June, 2006, by and between
Diana L. Zarker, (hereinafter "WIFE") and Richard N. Zarker, Jr., (hereinafter
"HUSBAND");
WITNESSETH:
WHEREAS, the parties hereto were married on May 24, 1989 , in Enola,
Cumberland County, PA; and separated on May 25, 2006; and
WHEREAS, the parties have two (2) children of this marriage, Katy Zarker
born September 15,1989 and Lita Zarker born December 3,1993.; and
WHEREAS, difficulties have arisen between the parties and it is therefore
their intention to live separate and apart for the rest of their lives and the parties are
desirous of settling completely the economic and other rights and obligations
between each other, including, but not limited to: the equitable distribution of the
marital property; past, present and future support; alimony, alimony pendente liter
and, in general, any and all other claims and possible claims by one against the other
or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises
hereinafter to be kept and performed by each party and intending to be legally
bound hereby, the parties do hereby agree as follows:
1. ADVICE OF COUNSEL.
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel. WIFE is represented by
Shana Pugh, Esquire of Law Offices of Patrick Lauer. HUSBAND is represented by
Joanne Harrison Clough, Esquire.
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their
respective legal rights and obligations, or if counsel has not been consulted,
expressly waiving the right to obtain such knowledge. The parties each
acknowledge that this Agreement is fair and equitable and is not the result of any
fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that
they shall secure a mutual consent no fault divorce pursuant to § 3301() of the
Divorce Code. A divorce action will be filed by HUSBAND with the Court of
Common Pleas of Cumberland County, Pennsylvania, after execution of this
Agreement. The parties agree to execute Affidavits of Consent for divorce and
Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently
with the execution of this Agreement or upon expiration of ninety (90) days after the
service of said complaint on WIFE.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that
the terms of this Agreement shall be incorporated into any Divorce Decree which
may be entered with respect to them and specifically referenced in the Divorce
Decree. This Agreement shall be incorporated but shall not merge with the divorce
decree, but shall continue to have independent contractual significance.
3. SEPARATION.
HUSBAND and WIFE acknowledge they have been legally separated since
May 24, 2006 although WIFE has returned to the marital residence at times since that
date at which time the parties have been living separate and apart with in the same
residence.
4. DATE OF EXECUTION.
The "date of execution' and "execution date" of this Agreement shall be
defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution' or
"execution date" of this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
5. MUTUAL RELEASES.
Each party absolutely and unconditionally release the other and the estate of
the other from any and all rights and obligations which either may have for past,
present, or future obligations, arising out of the marital relationship or otherwise,
2
including all rights and benefits under the Pennsylvania Divorce Code of 1980, and
amendments except as described herein.
Each party absolutely and unconditionally releases the other and his or her
heirs, executors, and estate from any claims arising by virtue of the marital
relationship of the parties. The above release shall be effective whether such claims
arise by way of widow's or widower's rights, family exemption, or under the
intestate laws, or the right to take against the spouse's will, or the right to treat a
lifetime conveyance by the other as testamentary or all other rights of a surviving
spouse to participate in a deceased spouse's estate, whether arising under the laws
of Pennsylvania, any state, Commonwealth, or territory of the United States, or any
other country.
Except for any cause of action for divorce which either party may have or
claim to have, each party gives to the other by the execution of this Agreement an
absolute and unconditional release from all claims whatsoever, in law or in equity
which either party now has against the other.
6. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial
disclosure of the other as an inducement to the execution of this Agreement. Each
party understands that he/she had the right to obtain from the other party a
complete inventory or list of all property that either or both parties owned at the
time of separation or currently and that each party had the right to have all such
property valued by means of appraisals or otherwise. Both parties understand that
they have right to have a court hold hearings and make decisions on the matters
covered by this Agreement. Both parties hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and
that this Agreement is not a result of fraud, duress or undue influence exercised by
either party upon the other or by any person or persons upon either party.
7. SEPARATION/NON-INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all
respects as fully as if they were unmarried. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or
3
employment which to him or her may seem advisable. WIFE and HUSBAND shall
not harass, disturb, or malign each other or the respective families of each other.
8. REAL PROPERTY.
The parties are the joint owners of real property located at 120 E. Green
Street, Shiremanstown, Cumberland County, PA,17011. HUSBAND and WIFE agree
that in consideration of the mutual promises set forth herein and the other property
transfers set forth in this Agreement, and in consideration of HUSBAND tendering
to WIFE the sum of $15,500.00 said amount representing 11z of the net equity in the
marital residence less refinancing costs, WIFE shall transfer any and all right, title,
claim and interest in said property to HUSBAND. WIFE agrees to execute a deed
transferring her interest in the property to HUSBAND contemporaneously with the
execution of this Agreement.
HUSBAND has been approved for a refinancing loan and HUSBAND will
refinance the debt on the marital residence and remove WIFE as an obligor on said
obligations within 10 days of the date of the execution of this Agreement. WIFE
acknowledges that since this is a refinancing loan, there is a federally mandatory 3
business day right of rescission and WIFE's monies cannot be disbursed until 3
business days after the date of the refinancing settlement. HUSBAND agrees to
indemnify WIFE and hold her harmless on all other real estate taxes or expenses
associated with this property.
9. DEBTS.
HUSBAND and WIFE acknowledge that each party shall be responsible for
the following debts:
A. HUSBAND agrees:
1. to pay to the Wells Fargo Credit Card Account (in wife's name) the
sum of Two Thousand Dollars toward WIFE'S balance of approximately
$4,200.00 and WIFE shall be responsible for the balance of this loan.
2. HUSBAND agrees to pay the balance due on the Chase Account
No. 1820000007542637 in the amount of $1,372.74 and hold WIFE harmless
therein. HUSBAND shall retain as his sole property the computer purchased
with this account.
4
B. WIFE : Wife shall be solely responsible for any credit cards, charge cards,
or debts in her own name, including but not limited to her Cell phone, less Katy's
part, Citi Card Account No. 54241807 8559 1055, including any post separation cash
advances, and the balance of Wells Fargo account.
If a party has acquired debt, the parties agree that each shall assume full and
complete responsibility for his or her own debts.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which
WIFE or her estate might be responsible, and he shall indemnify and save WIFE
harmless from any and all claims or demands made against her by reason of such
debts or obligations incurred by him since the date of said separation, except as
otherwise set forth herein.
WIFE represents and warrants to HUSBAND that since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which
HUSBAND or his estate might be responsible, and he shall indemnify and save
HUSBAND harmless from any and all claims or demands made against him by reason of
such debts or obligations incurred by her since the date of said separation, except as
otherwise set forth herein.
10. RETIREMENT BENEFITS.
HUSBAND is the owner of a 401k through his employment. Said 401k
had a 6-7-2006 account value of $59,002.21. HUSBAND agrees to transfer to WIFE
via a Qualified Domestic Relations Order (QDRO} a sum equal to 1/~ of the
distribution date 401k account balance. WIFE acknowledges that said 401k rollover
must be made after a final decree in divorce is issued. WIFE recognizes that the 401k
monies will be segregated by HUSBAND'S 401k plan administrators into an account
in WIFE'S sole name pursuant to the QDRO Order after the parties are divorced.
WIFE and/or WIFE'S counsel shall be responsible for the preparation and filing of
the proposed QDRO Order. HUSBAND agrees to cooperate fully in executing the
QDRO and any other documents necessary to effect the transfer of WIFE'S portion of
said 401k via the QDRO. WIFE acknowledges she will solely be responsible and
bear any tax consequences if she elects to withdraw all or part of the 401k monies
she receives via the QDRO.
5
HUSBAND is also eligible for certain retirement/pension benefits from his
employer UPS Freight in addition to his 401k. HUSBAND and WIFE agree that
WIFE shall receive 50% of the marital portion of said retirement pension via a
Qualified Domestic Relations Order,(QDRO) to be prepared by WIFE and WIFE'S
counsel at WIFE'S expense to be distributed to WIFE in accordance with the
following coverture fraction formula:
Total marital month of service through 5-24-2006 x Monthly x 50% =WIFE'S share.
Total months of HUSBAND'S employment Benefit
HUSBAND shall cooperate in signing the QDRO documents to effect said
transfer.
In the event WIFE predeceases HUSBAND, then the parties children Katy,
Lita and stepson Zach Gigeous shall receive WIFE'S portion of said retirement and
WIFE shall list the children as irrevocable beneficiaries of 100% of any of
HUSBANDS retirement monies WIFE may be entitled to receive post WIFE'S death.
In no event shall any of HUSBAND'S retirement or WIFE'S share of HUSBAND'S
retirement be transferred, bequeathed or otherwise distributed to any individual(s)
other than HUSBAND, WIFE or the parties children.
HUSBAND hereby waives his right, title and interest to any of WIFE'S
pension and/ or retirement and any and all other retirement benefits, otherwise
disclosed. WIFE hereby waives his right, title and interest to any of HUSBAND'S
pension and/ or retirement and any and all other retirement benefits, otherwise
disclosed.
The parties specifically waive any and all other retirement benefits obtained
by the parties pre-marriage, during marriage, and post-separation. The individual
who holds said benefits shall own the property solely and individually. Each party
waives their right to title and interest to the other party's benefit.
11. BANK ACCOUNTS
The parties acknowledge that they have divided the marital bank accounts to
their satisfaction. The bank accounts held solely in individual names shall become
6
the sole and separate property of the party in whose name it is registered. Each
party does hereby specifically waive and release his/her right, title and interest in
the other party's respective accounts.
12. LIFE INSURANCE.
HUSBAND maintains a term life insurance policy through Prudential,
policy No. R1070072, with a current premium fund maximum permissible withdraw
of $2,944.52. HUSBAND agrees to transfer to WIFE the gross sum of $2,944.52 less
taxes which will be withheld by insurer at the time of distribution. Said monies shall
be distributed to WIFE upon distribution by insurer.
13. PERSONAL PROPERTY.
Except as set forth here below, the parties hereto mutually agree that they
have divided all furniture, household furnishings and personal property between
them in a manner agreeable to both parties. The parties mutually agree that each
party shall from and after the date of this Agreement be the sole and separate owner
of all tangible personal property in his or her possession.
HUSBAND shall retain the pieces of furniture purchased with the Wells
Fargo Loan as follows:
a. Recliner Love Seat
b. Love Seat
14. VEHICLES.
The parties own a 1999 Dodge Durango. Said vehicle is encumbered by a
home equity loan against the marital residence with an approximate balance of
$15,596.18.
HUSBAND agrees to be solely responsible for the balance due on the home
equity loan and HUSBAND will pay said obligation in full and tender to WIFE the
sum of $2,500.00 at the time of execution of title transfer papers in consideration of
WIFE transferring the Durango to HUSBAND.
15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS.
In the event that either party becomes a debtor in any bankruptcy or financial
reorganization proceedings of any kind while any obligations remain to be
performed by that party for the benefit of the other party pursuant to the provisions
7
of this Agreement, the debtor spouse hereby waives, releases and relinquishes any
right to claim any exemption (whether granted under State or Federal law) to any
property remaining in the debtor as a defense to any claim made pursuant hereto by
the creditor-spouse as set forth herein, including all attorney fees and costs incurred
in the enforcement of this paragraph or any other provision of this Agreement. No
obligation created by this Agreement shall be discharged or dischargeable,
regardless of Federal or State law to the contrary, and each party waives any and all
right to assert that obligation hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial
reorganization proceedings by either party in the future, any monies to be paid to
the other party, or to a third party, pursuant to the terms of this Agreement shall
constitute support and maintenance and shall not be discharged in bankruptcy.
16. CUSTODY AND CHILD SUPPORT
A. CUSTODY
HUSBAND and WIFE agree that HUSBAND shall have primary
physical and legal custody of the minor children Katy and Lita. The parties shall
cooperate in making decisions affecting the health, safety, education and welfare of
the children. MOTHER shall have reasonable periods of partial custody for
visitation with the children. HUSBAND and WIFE agree this custody portion of this
Agreement may be filed by HUSBAND at his expense and reduced to a Court Order.
B. CHILD SUPPORT
HUSBAND and WIFE agree that HUSBAND will not seek child support from
WIFE.
17. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE.
HUSBAND agrees to pay to WIFE the sum of $400.00 per month for three
months or until the divorce is final or ,from the date of execution of this Agreement
whichever first occurs, with the first payment due WIFE at the time of execution of
this Agreement. The parties hereby expressly waive, release, discharge and give up
any and all rights or claims which either may now or hereafter have for spousal
support, alimony pendente lite, alimony, or maintenance except as set froth in this
Agreement. The parties further release any rights that they may have to seek
modification of the terms of this Agreement in a court of law or equity, with the
understanding that this Agreement constitutes a final determination for all time of
either party's obligations to contribute to the support or maintenance of the other.
8
18. ATTORNEY FEES, COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel
fees, costs and expenses. Neither shall seek any contribution thereto from the other
except as otherwise expressly provided herein.
19. ATTORNEYS' FEES FOR ENFORCEMENT.
In the event that either party breaches any provision of this Agreement and
the other party retains counsel to assist in enforcing the terms thereof, the breaching
party will pay all reasonable attorneys' fees, court costs and expenses (including
interest and travel costs, if applicable) which are incurred by the other party in
enforcing the Agreement, whether enforcement is ultimately achieved by litigation
or by amicable resolution. It is the specific Agreement and intent of the parties that a
breaching or wrongdoing party shall bear the obligation of any and all costs,
expenses and reasonable counsel fees incurred by the nonbreaching party in
protecting and enforcing his or her rights under this Agreement.
20. WAIVER OF RIGHTS.
Both parties hereby waive the following procedural rights:
(a.) The right to obtain an inventory and the appraisement of all
marital and non-marital property;
(b.) The right to obtain an income and expense statement of either
party;
(c.) The right to have all property identified and appraised;
(d.) The right to discovery as provided by the Pennsylvania Rules
of Civil Procedure; and
(e.) The right to have the court make all determinations regarding
marital and non-marital property, equitable distribution,
spousal support, alimony pendente lite, alimony, counsel fees
and costs and expenses.
21. MUTUAL COOPERATION.
WIFE and HUSBAND shall mutually cooperate with each other in order to
carry through the terms of this Agreement, including but not limited to, the signing
of documents.
9
22. VOID CLAUSES.
If any term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that
term, condition, clause or provision shall be stricken from this Agreement, and in all
other respects this Agreement shall be valid and continue in full force, effect and
operation.
23. APPLICABLE LAW.
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
24. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties, and there
are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
25. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the
parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and
HUSBAND acknowledge the receipt of a duly executed copy hereof.
10
Witness
Richard N. Zarker, Jr
r ~ ~~~
(.G~,'Y~~~ ~. ~t,V
Diana L. Zarker
11
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
. SS.
On the ~ ~' day of ~ ~,~~"~~ 2006, before me, a
Notary Public in and for the 5~~~~ `'~ ~~ ~',, /o~ci cue c~ ,the undersigned
officer, personally appeared Diana L. Zarker, known to me (or satisfactory proven)
to be one of the parties executing the foregoing instrument, and she acknowledges
the foregoing instrument to be her free act and deed.
IN WITNESS WI
day and year first above
~~~OTA,4 ~F~~`R
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set my hand and notarial seal the
~ ~ ,
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Notary Public
My Commission Expires: ~ ~lQ--~I ~'"~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C.um~IQL~iv~
. SS.
On the ~ `S~ day of ~l.t rt,~ .2006, before me, a
Notary Public in and for the Commonwealth of Pennsylvania, the undersigned
officer, personally appeared Richard N. Zarker, Jr., known to me (or satisfactory
proven) to be on of the parties executing the foregoing instrument, and he
acknowledges the foregoing instrument to be his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the
day and year first above written.
~•
Notary Pu 'c
My Commission Expires: U c~ bps- ~-1, ~C~ -1
COMMONWEALTH OF PENtvSYLVANIA
Notarial Seal
Mary M. Loper, Notary Public
Camp Hiq Boro, Cumberland County
My Commission Expires Oct. 27, 2007
Member, Pennsylvania Association Of Notaries
12
From:ACA MORTGAGE 717 59~ ~ J65,, ,0611312006 11:50 #267 P .0021005
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ANG NOW, This Stktl day a dune, 2006 bef~ae the undrlresignsd perypndly sppr{1r+tid Uyatla L. Zerlar (Depon~ant) belnq d~dy sworn
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the depone nt !s an owner of
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f2oolc N34, Patpat 1112, Racnntlexf In Cutt~brrhnd Cotut'ty ltexordar ,* lalleds Ofriee
yea" or "no"
plcaae answer below:,.
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i !'lease examine thr CommWnant or Conaata4s Tula Lnr4tancs t:wr~p~ny Isawd to t4onnaetlon wkh th-a kraneactbn, /~'
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Ark there any flare or entumbrrnar (MOrtprpee, iutlgmants, Ta;{ 1Jehs, Machanler• Cleric, etc.) rffleetlnQ the
pnmtsp oat egipt0 ttMAUt?
z An ther! eny unp#ld property texas (inctudl Intarltn fixes ,water 4r atwar rerltl~ assesaad ayalnet the Pn~IOQS
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3 Has dli txmn u _ _~ /
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tm IeNy pre 0 the da0a this w rmant, payment hor ~~+hlefi hq oat yet fieen mrda9 T
4 Ha'thero barn any WQMS paKormed by a munklpal >wuthorlty or;;hy iJotlCea racafv~l for any such work to be ~' y C..1
performrd, on the iew~r ar caster ilnu, rldeWelke, or br the rerri0vit Ier sbrtamsnt of nuksneaa, (ar the rrmeval,
rapalr Or InataltatlOn or eurbe, sidawaika, walla, ix drWewaYt, for vhf fhunietpal ciaimr could be filed apainrt the
Promlcas7
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s Have share bean any notlfes of corxiamnrtlon npivKl7 /
;
6 are you. aware Of any ancreaefunehts of ttuM tmpravsmanq (e,Idu:NnO driveways) of~thlr property onto adlolning ~~,"
property, or that of your nriphban improvamanti auto this proq; Ity7
7 Aro you aware Of any violations at any raMctione iflaeting Che P~~emiser Or any disputes with any ad~olning property
n
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instillment Brim agreement or in epraarnent at atla'other than fate present b~+yary ~ n~
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l0 Hava any proteadinglt In 9ankruptcy lasso lnadtutad agaihit or or bahr~ of daponeAt In any Court?
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~
If s0, plellir Indltitu the Hama of ttu Court and p10 fife numt ar. + - -- . --- ~
_.____._„
33 7ne last dwd of record indicates dwratrr r~amss lilted abew. Is ~ hen anyone AICI' lure to execute thlr dead? Who ~
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Daponeaga) matte(s) this tiffkiavit br the purpose Of induct >fl Conretopa Tide tiuurana Camperly t:o
t'olicy covehnQ the abovta tiescrlbad premises, knowing khat It s relyiaq on the~accurscy >~ the statemen
$WARN AND sl7f~Ri98D BEFORE ME THIS 16th dey of ~~ne, z405. Edward L ilVyvell
My Commission Fires
t°' 1c r ~ ~ ~ ?4 AugUSt 2006
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DIANA L. ZARKER,
Plaintiff/Petitioner
vs.
RICHARD N. ZARKER,
Defendant/Respondent
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-3982
CIVIL. ACTION - AT LAW - IN DIVORCE
ATTORNEY VERIFICATION
The undersigned attorney hereby verifies and states that:
1. He is the attorney for Plaintiff Diana L. Zarker;
2. He is authorized to make this verification on her behalf
3. The facts set forth in the foregoing Motion for QDRO are known to him and not necessarily
to his client;
4. This verification is intended to expedite the litigation;
5. A verification of the client will be supplied if demanded;
6. The facts set forth in the foregoing Motion for QDRO are true and correct to the best of his
knowledge, information, and belief; and
7. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904, relating to unsworn falsification to authorities.
Respectfully sub ~ ,
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,,,,,.-
Mar ~ . M "~ ,Esquire
~~ Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 1 70 1 1-4706
Date: Apri13, 2007 ID# 84745 Tel. (717) 763-1800
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DIANA L. ZARKER, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 06-3982
RICHARD N. ZARKER, :CIVIL ACTION - AT LAW - IN DIVORCE
Defendant/Respondent
AMFNnFn M(1Ti(lN FnR FNTRV nF (~i)R(~
AND NOW comes the above-named Plaintiff, Diana L. Zarker, by her attorney, Marlin L.
Markley, Esquire, and moves the court for entry of a Qualified Domestic Relations Order in the
form as attached hereto, and in support thereof avers:
1. The Plaintiff herein Diana L. Zarker, is an adult individual who currently resides at
304 East Main Street, First Floor Rear, Shiremanstown, Cumberland County, Pennsylvania 17011.
2. The Defendant herein Richard N. Zarker, is an adult individual who currently
resides at 120 East Green Street, Shiremanstown, Cumberland County, Pennsylvania 1701 1.
3. Plaintiff filed a divorce complaint in Cumberland County on July 12, 2006.
4. The economic issues in this case were resolved with a Martial Settlement
Agreement signed by the parties on June 16, 2006. Attached hereto as Exhibit "A".
s
5. The attached QDRO was determined by UPS Savings Plan and the UPS Qualified
Stock Ownership Plan to constitute a qualified domestic relations order in accordance with Section
206(d)(3) of the Employee Retirement Security Act of 1974.
6. Counsel for the Defendant concurs with this motion as indicated by the signed
stipulated qualified domestic relations order that was filed with the original motion.
7. The Honorable Edgar B. Bayley signed the Decree in Divorce, otherwise there were
no other issues that required a judge to issue a ruling.
WHEREFORE, Plaintiff Diana L. Zarker, requests the Court to approve and sign the
Qualified Domestic Relations Order that has been signed by the parties counsel.
Respectfully submitted,
Marlin. Markley squire
Law Offices of P rick F. Lauer, Jr.
2108 Market Str`et, Aztec Building
Camp Hill, Pe~fnsylvania 17011-4706
Date: April 5, 2007 ID# 84745 T,~1. (717) 763-1800
;~
DIANA L. ZARKER,
Plaintiff/Petitioner
vs.
RICHARD N. ZARKER,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-3982
CIVIL ACTION - AT LAW - IN DIVORCE
ATTORNEY VERIFICATION
The undersigned attorney hereby verifies and states that:
1. He is the attorney for Plaintiff Diana L. Zarker;
2. He is authorized to make this verification on her behalf;
3. The facts set forth in the foregoing Motion for QDRO are known to him and not necessarily
to his client;
4. This verification is intended to expedite the litigation;
5. A verification of the client will be supplied if demanded;
6. The facts set forth in the foregoing Motion for QDRO are true and correct to the best of his
knowledge, information, and belief; and
7. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904, relating to unsworn falsification to authorities.
~. ,.=
g
Camp Hill, Pennsylvania 17011-4706
Date: Apri15, 2007 ID# 84745 Tel. (717) 763-1800
Respectfully suU~iffec~,
~- ~-
1Vlarlin ar ey, Esquire
Law Oftices f Patrick F. Lauer, Jr.
2108 Marke Street Aztec Buildin
~,
.
DIANA L. ZARKER,
Plaintiff/Petitioner
vs.
RICHARD N. ZARKER,
Defendant/Respondent
!WR 04 20p7,,,J
kX'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-3982
CIVIL ACTION - AT LAW - IN DIVORCE
STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER
NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS:
1. This Order is directed to the UPS Savings Plan (the "Savings Plan") and the UPS
Qualified Stock Ownership Plan (the "QSOP").
2. The name and last known mailing address of the Respondent, a Participant in the
Plan ("Participant"), is as follows: Richard N. Zarker, 120 East Green Street,
Shiremanstown, Pennsylvania 17011., with a social security number of 165-54-0664
and date of birth of November 11, 1959.
3. The name and last known mailing address of the alternate payee covered by this
Order is as follows: Diana L. Zarker, 304 East Main Street, First Floor Rear,
Shiremanstown, Pennsylvania 1701 1, with a social security number of 168-60-2815
and date of birth of March 1, 1962. The alternate payee is the former spouse of the
Participant.
4. The parties were married on May 27, 1989 and divorced on December 12, 2006.
AMOUNT OF BENEFIT
5. The alternate payee/former spouse shall be entitled to receive an amount which is
equal to 50% of the Participant's aggregate vested account balances under both the
Savings Plan and QSOP, determined as of December 12, 2006, as if the
Participant separated from service on that date. This award shall be satisfied by
transferring a proportionate amount from each Plan, based upon the account
balances in each Plan, as of the date a separate account is established for the
alternate payee/spouse. The amounts awarded to the alternate payee/spouse shall
be credited or debited with investment gains and losses from the December 12,
2006 (the date of divorce) through the date said amounts are distributed to the
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alternate payee/former spouse. Investment gains and losses shall be calculated in
accordance with the terms of the Pl~:ns.
6.(A) Notwithstanding the terms of paragraph 5 herein, if the Participant has an
outstanding loan against his account under the Savings Plan, then, to the extent
there are not assets in the Participant's accounts under the Plans sufficient to
satisfy the alternate payee/former spouse's awarded amount on the date the
alternate payee/former spouse elects to receive the awarded amount, the Plans are
ordered to interpret the alternate payee/spouse's award as an aware of 100% of the
Participant's available account balances under both Plans.
6.(B) The value of the outstanding loan balance against the Participant's account under
the Savings Plan as of December 12; 2006, will be included in the Participant's
total account balances under the Plans for purposes of determining the alternate
payee/spouse's awarded amount.
7. The parties acknowledge the amounts awarded to the alternate payee/spouse under
the Savings Plan will be taken from the Participant's accounts under the Plain in
the following order. Amounts will be taken first, on a pro rata basis, from those
investment funds known as the "Core Funds." To the extent the Core Funds are
insufficient to satisfy the amount awarded to the alternate payee/spouse under the
Savings Plan, and the Participant maintains a Self Managed Account (an "SMA")
under the Savings Plan, the remainder of the alternate payee/spouse's award will
be taken from the Participant's SMA. The Participant acknowledges and
understands that the Plan will liquidate the individual investments held in said
SMA, on a pro rata basis, to the extent necessary to satisfy the aware to the
alternate payee/spouse, unless within two weeks of the date that the Order is
determined by the Plan to be qualified domestic relations order, the Participant
transfers amount from the SMA to the Core Funds which will be sufficient to
satisfy the amount awarded to the alternate payee/spouse.
8. Contributions to the Participant's accounts under the Plans after the date referred
to in paragraph 5 of this Order shall belong to the Participant alone and shall not
be subject to division or distribution pursuant to this Order.
9. The amounts awarded hereunder shall be paid to the alternate payee/spouse in any
form of benefit available under the Plans, as soon as practicable following the date
this -Order is determined by the Plan to be a qualified domestic relations order
(within the meaning of Section 206(d) of ERISA).
.
i i
DEATH OF ALTERNATE PAYEE
10. If the alternate payee/former spouse should die prior to distribution of her awarded
amounts, said amounts shall be paid in accordance with the terms of the Plan.
11. It is intended that this Order will qualify as a qualified domestic relations order
under Section 206(d)(3) of ERISA, and shall be administered and interpreted in
conformity with such Act. This Order does not require the Plan to provide any
type or form of benefit or any option not otherwise provided to the Participant
under the Plans. This Order further does not require the Plan to provide increased
benefits (determined on the basis of actuarial value) and does not require the
payment of benefits to an alternate payee which are required to be paid to another
alternate payee under another order previously determined by the Plan to be a
QDRO.
Attorney for Petitioner:
Marlin L. Markley
2108 Market St., Camp Hill, PA 17011
17- 3-1 00
Date: -{~-~~~
Attorney for Respondent:
Joanne Harrison Clough
24 N. 32°d Street, Camp Iii:
717-'7~'1-5890
BY THE COURT:
17011
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