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HomeMy WebLinkAbout01-1578PARNELL ZWALD, Plaintiff VS. KIMBERLY D. ZWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND : COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - /~7,~ CIVIL TERM : : IN DIVORCE N~OTICE TO DEFEND AND CLAIM RiGH~i,:; 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 thc Plaintiff. You may lose money or property or other rights important to you, including custody or visitation &your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. TO CLAIM ANY OF THEM. v~,,,~ vs~ -'~I~UL~VlENT IS GRANTED, YOU MAY LOSE THE RIGHT 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, Pennsylvania 17013 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. James J. Kayer, Esquire Attorney for Plaintiff Liberty LoR 4 East Liberty Avenue Carlisle, PA 17013 (717) 243-7922 PARNELL ZWALD, Plaintiff VS. KIMBERLY D. ZWALD, Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - /,5~ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE COMES NOW, PlaintiffPARNELL ZWALD, through his attorney, James J. Kayer, Esquire and avers as follows: _COUNT I - DIVORCE 1. Plaintiffis PARNELL ZWALD, an adult individual who resides at 931 Sherman View Road, Shermans Dale, Cumberland County, Pennsylvania. 2. Defendant is KIMBERLY D. ZWALD, an adult individual whose address is 63 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 11, 1986 in Clinton County, PA. 5. There have been no prior actions of divoree filed in this matter. 6. Plaintiffand Defendant are not active members of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiffrequests the court to enter a decree of divorce. Respectfully submitted, Date: JamesOn. Libe~ Lo~"-,~ -~ Carli{le, PA ~i 7013 (717) 243-7~22 VEPdFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my cotmsel and mysel£ in the preparation of this action. Tile language of the document may, in part, be the language o£my com~sel an~t not my own. I have read the statements made in this document ,'md to the extent that it is based upon information which I ha,,'e given to my counsel, it is true attd con'ect to tile best of my knowledge, in£ormation and belief. To the extent that the conteuts of the statements are that of counseI, I have relied Upon counsel Jn making this Verification. I understand that false statements herein are nlade subject to the penalties of 18 PA. C.S. § 4904, relating to uasworn falsification to authorities. PARNELL ZWALD, Plaintiff VS. KIMBERLY D. ZWALD, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01 - 1578 CIVIL TERM : : 1N DIVORCE AFFIDAVIT OF SERVICE BY MAIl, PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND : I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, Parnell Zwald, and that he did serve a tree and correct copy of the Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendant Kimberly D. Zwald, on March 20, 2001. The receipt form is attached hereto. J~ J~' K:el~' Esquire UOXAalAI- SEAl_ [Sworn to {md subscribe~ef~re me tt~s 21st day of March 2001 IBomughofCarlisle, County of Cumberland I \ )t {~1~ ~ tl ~ ~ ,,~x)~.(. ~.~)a ~ · 1, 2, and 3. Also complete · and address on the reverse 9 that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2.--/~rticle Number (Copy from service label) PS j:orm 3811, July 1999 C. Signature [] Agent D. Is delivery t from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service T pe ~d Mail [] Express Mail FI Registered [i],'~furn Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ ~ ! Domestic Return Receipt PARNELL ZWALD, Plaintiff KIMBERLY D. ZWALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 01-1578 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Kimberly Zwald, the Defendant in the above captioned matter. May ll, 2001 THOMAS M. PLACE TERI L. HENNING Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 717/243-3639 PARNELL ZWALD, Plaintiff KIMBERLY D. ZWALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -. LAW IN DIVORCE NO. 01-1578 CERTIHCATE OF SERVICE ~*- :~ ': I, Julie B. Miller, Certified Legal Intern, Family Law Clinic, hereby c~y tt~0 I a~ ,'7 serving a true and correct copy of Praecipe to Enter Appearance on Plaintiff's attor'e~y, ~ames~-~. Kayer, at Liberty Loft, 4 East Liberty Avenue, Carlisle, Pennsylvania, 17013, by depositing a copy of the same in the United States mail, First Class, postage prepaid, this 11m day of May, 2001. ,, J. Idi~. B. Miller fig(tiffed Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 PARNELL ZWALD, Plaintiff VS. KIMBERLY D. ZWALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01 - 1578 CIVIL TERM : : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record for the above-captioned Plaintiff. Da, e: Jan~s J. Kay~?, Esqu~ Please enter my appearance as counsel of record for the above-canl, ioaed Plaintiff. Date: q/lO~o] (~ ,~~_ (~ [ ~ ffJa~ Adams, Esq. PARNELL ZWALD, Plaintiff KIMBERLY D. ZWALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE : No. 01-1578 _MARITAL SETTLEMENT AGREEMENT AGREEMENT made thi THIS , 's~__day of September, 2001, between Plaintiff, Parnell Zwald ("Husband"), and Defendant, Kimberly D. Zwald ("Wife"), concerns the resolution of the equitable distribution claim in the above-captioned matter. WHEREAS, Husband and Wife desire to enter into an agreement as to all economic issues between the parties, except child support, which is docketed at Zwald v. Zwald Docket No. 00260 S 2001, PACSES Case Number 387103301, and except as set forth below, and to have this agreement made an Order of Court. NOW, THEREFORE, Wife and Husband, each intending to be legally bound hereby, agree as follows: DIVORCE The parties have lived separate and apart since March 4, 2001. Each party will execute an Affidavit of Consent and a Waiver of Notice of Intent to Request Divorce Decree within ten (10) days of the execution of this Agreement. FINANCIAL DISCLOSURE Attached hereto as Schedule "A" and "B" are the financial disclosures of the parties with respect to their assets, liabilities and income. Each party confirms that he or she is relying upon the substantial accuracy of the other's financial disclosure as an inducement to the execution of this Agreement. No representations or warranties have been made by either party to the other, or by anyone else as to financial status of the other, except as expressly set forth in this Agrecuuent and Schedules "A" and "B". INCOME TAX The parties agree that this Agreement does not relate to or resolve in any way, any federal, state or local income tax liability that either or both of the parties may have to taxing authorities, or any potential liability that either has to the other regarding income tax. DEBTS At the date of separation, the parties owed real estate taxes in the amount of approximately $990. Wife shall be responsible for the payment of this debt. Except as otherwise identified in this agreement, the parties represent and warrant to one another that they are not aware of any other items of marital debt. ASSETS. Except as otherwise provided in this agreement, all clothing, personal property and household furnishings have been divided between the parties to their mutual satisfaction, and neither party will make any claim to such items that are now in the possession or control of the other. Husband shall deed all of his right, title, and interest in and to the marital residence located at 63 Marilyn Drive, Carlisle, PA 17013, free and clear of all liens and 2 encumbrances, except the lien of any existing mortgage, to Wife. Husband agrees to execute any documents necessary to effect such release/transfer. 9. Wife agrees to pay and will be solely responsible for mortgage obligations and all related Mobile Home obligations incurred from the date of separation forward, including, but not limited to, lot rent and utilities. 10. The remaining personal property acquired during the marriage shall remain as already divided. SPOUSAL SUPPORT~ ALIMONY PENDENTE LITE~ COSTS, COUNSEL FEES, ALIMONY 11. Both parties waive spousal support, alimony pendente lite, costs, counsel fees, and alimony, and agree not to request any of them in the future, except in the event of breach, as provided in paragraphs 12 and 13. REMEDIES 12. If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and seek any other remedy allowed under Pennsylvania law. 13. Any party breaching this agreement shall be responsible for the payment of all legal fees and costs incurred by the other in enforcing his or her rights under this agreement, or seeking such other remedy or relief that may be available to him or her. FULL AND FINAL SETTLEMENT OF Al,l, CLAIMS 14. Except as provided herein, and except as to the issue of child support, which is separate and apart from this agreement, and is docketed at Zwald v. Zwald, Docket No. 00260 S 3 2001, PACSES Case Number 387103301, Husband and Wife agree that the execution of this agreement is a full and final settlement of all economic and other claims between them, including, without limitation, the ownership and equitable distribution of marital property, the past, present and future spousal support, alimony, alimony pendente lite and/or maintenance of either of them, and in general, any and all claims and all other possible claims by one against the other or against their respective estates. BINDING ON PARTIES AND OTHER~ 15. This agreement shall be binding on the parties and their respective heirs, executors, administrators and assigns. INCORPORATION 16. The parties intend this agreement to be incorporated, but not merged, into the divorce decree. This agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 17. The parties intend to be legally bound by the terms of th/s agreement, and intend that it be filed with the Court as satisfaction of the Equitable Distribution claim. However, the parties agree that failure to file this agreement with the Court shall have no effect on the parties' obligations or the ability to utilize any remedy for enforcement. MODIFICATION TO BE IN WRITING 18. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. 4 19. LAW OF PENNSYLVANIA APPLICABI,E This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. INTEGRATION 20. This Agreement constitutes the entire understanding of the parties and supersedes any and ail prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. OTHER DOCUMENTATION 21. Within ten (10) days after demand thereof, the parties will execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be reasonable, necessary or desirable for the proper effectuation of this Agreement. The parties further agree that time shall be of the essence. NO WAIVER OF DEFAULT 22. This Agreement shall remain in full force and effect unless terminated under the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party thereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. ADDRESSES OF PARTIES 23. As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address, and shall promptly notify the other in writing of any change of address by giving the new residence address. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS 24. Wife and Husband each warrant that neither has heretofore contracted for any liability for which the other or the estate of the other may be responsible except as specifically disclosed and provided for by the terms of this Agreement. The parties further warrant that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all liabilities of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations identified in or arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all .joint credit and/or charge accounts shall be terminated immediately, and no charges shall be incurred by either party against any joint account from the date of execution hereof. ADVICE OF COUNSEl! 25. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, The Family Law Clinic, for Wife and Jane Adams, Esquire for Husband. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, adequate and reasonable under the existing facts and circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of this 6 Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreements. 26. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. PARNELL ZWALD X,~l 17't~. Hanover Street ~[~e, PA 17013 Attorney for Plaintiff KIMBERLY Z~'ALD q-z t-cpi MATTHEW J. t~-OO~J)RIC H Certified Legal Intern T~~MS M PLACatE~ ROBERT E. RAINS TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC Attorneys for Defendant 7 SCHEDULE "A" WIFE'S FINANCIAL DISCLOSURE ASSETS: 1. Mobile Home- Located at 63 Marilyn Drive, Carlisle, PA 17013 APPROXIMATE VALUE: unknown 2. Various personal items and household furnishings LIABILITIES: 1. Mortgage on Mobile Home APPROXIMATE L/ABILITY: unknown 2. Real Estate Taxes APPROXIMATE LIABILITY: $990.57 1. Employer: None INCOME: FROM : JA~_ADA~S FAX NO. : 717~458538 ~ S~p, 05 2001 03:42AM P2 HUSBANI~'S FINANCIAL DISCI,,QSURE ASSETS: I. Clo~es ~d ~mo~ belongings. Unkno~ v~ue. 2, One 'l~yo~4x4 1989 Track. Appro~te Val~ $2000. 3, ~ee 3-wheder Ml4e~fllve~cl~, ~8A '87, '89. A~o~a~ to~ value of~l ~ee v~oleg: $1000, 4. ~e ~p. Appm~atev~ue $150. 5. V~o~ tools. M1 aeq~ prbrto mange. ~eludes an s;r compressor; ~d wcldcr, V~I~ ~kno~, 6. Og 1985 RCA TV ~d one t985 F~sher SI~, V~ue ~o~. INCOME: Husband works as an independent contractor tbr Zwald Logging. Ho is l~d $3.00 per ton of wood. His gross ~.comc is approximately $650.00 per week. Ofthi~ amount, he puts askle $100.00 per week b~ his ..~,Ang~ anco,,~t to p~y ¢~fimated mxos. PARNELL ZWALD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :IN DIVORCE KIMBERLY D. ZWALD, : No. 01 - 1578 Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 19, 200t. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I vedfy that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: P~'rnell'Zwald, Plaihtj~f'v WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~330t~cl OF THE DIVORCE CODF 1. I consent to entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I vedfy that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.$. {}4904 relating to unsworn falsification to authorities. Date:/~) PaFn~li Z~,~ld~ Plaihtlff ¢¢ - ~ PARNELL ZWALD, Plaintiff / Respondent KIMBERLY D. ZWALD, Defendant / Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW : IN DIVORCE : No. 01-1578 CERTIFICATE OF SERVICE I, Matthew J. Goodrich, hereby certi~ that on this 24t~ day of October 2001, I am serving a tree and correct copy of the Plaintiff's Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree upon Ms. Jane Adams, Esquire by First Class Mail, postage prepaid at the following address Ms. Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 October 24, 2001 Date Matthew J. Goc~/ch Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243 -2968 PARNELL ZWALD, Plaintiff KIMBERLY D. ZWALD, Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW : 1N D1VORCE : No. 01-1578 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree 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. Kimberly ZwargT'[~fendant PARNELL ZWALD, Plaintiff KIMBERLY D. ZWALD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : IN DIVORCE : No. 01-1578 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 prothonotm-y. I verify that the statements made in this affidavit are tree 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: Kintberly Zwal(t,]]~fendant PARNELL ZWALD, Plaintiff / Respondent KIMBERLY D. ZWALD, Defendant / Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE : No. 01-1578 CERTIFICATE OF SERVICE I, Matthew J. Goodrich, hereby certify that on this 24t~ day of October 2001, I am serving a true and correct copy of the Defendant's Affidavit of Consent and Waiver of Notice of Intention to Request Entry ora Divorce Decree upon Ms. Jane Adams, Esquire by First Class Mail, postage prepaid at the following address Ms. Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 October 24, 2001 Date Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 OCT 001 PARNELL ZWALD, Plaintiff / Respondent KIMBERLY D. ZWALD, Defendant / Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : C1VIL ACTION- LAW : IN DIVORCE : No. 01-1578 PETITION FOR EQUITABLE DISTRIBUTION AND NOW comes Kimberly D. Zwald, the Defendant/Petitioner in the above- captioned divorce action, by and through her attorneys, the Family Law Clinic, and sets forth the following petition for equitable distribution, pursuant to Pa.R.C.P. No. 1920.15(b): Plaintiff and defendant have acquired property and debt during their marriage, including, but not limited to, a trailer, vehicles, and real estate taxes. On or about October 5, 2001, both parties executed a Marital Settlement Agreement, which has now been submitted to the Court. On October 19, 2001 the Family Law Clinic contacted Jane Adams, Esquire, Counsel for Plaintiff. Ms. Adams informed the Family Law Clinic that she concurs with this Petition. WHEREFORE, Defendant / Petitioner requests the Court to enter an Order dividing the property between the parties pursuant to the Marital Settlement Agreement. Matthew J. Gob'drich Student Attorney ROBERT E. RAINS Supervising Attorney TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I hereby verify that the statemems made in the foregoing Petition for Equitable Distribution are tree and correct, to the best of my knowledge, information and belief. I understand making a false statement would subject me to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification authorities. Dated: Kirdberly Zwald'Tx] Defendant / Petitiofier PARNELL ZWALD, Plaintiff / Respondent KIMBERLY D. ZWALD, Defendant / Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- L3_W IN DIVORCE : No. 01-1578 CERTIFICATE OF SERVICE I, Matthew J. Goodrich, hereby certify that on this 24t~ day of October 2001, I am serving a true and correct copy of the Petition for Equitable Distributionupon Ms. Jane Adams, Esquire by First Class Mail, postage prepaid at the following address Ms. Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 October 24, 2001 Date Matthew J. Gooqfrich Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 PARNELL ZWALD, Plaintiff / Respondent KIMBERLY D. ZWALD, Defendant / Petitioner : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIV1L ACTION- LAW IN DIVORCE : No. 01-1578 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: March 10, 2001 by certified mail with return receipt. 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on October 11,2001 and Defendant on September 28,2001. 4. Related claims pending: None. Equitable Distribution claim was settled by Marital Settlement Agreement adopted as an Order of Court on October 25, 2001. 5. Date plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filedwith the Prothonotary: October 24, 2001. 6. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: October 24, 2001. Date: Oc_.+~, I~--- Z ~) Z~oo \ Matthew J. Gf~odrich Certified Legal Intern '/ ~- PLACE ROBERT E. RAINS Supervising Attorney TERI L. HENNING Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 PARNELL ZWALD, Plaintiff / Respondent KIMBERLY D. ZWALD, Defendant / Petitioner 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW 1N DIVORCE No. 01-1578 CERTIFICATE OF SERVICE I, Matthew J. Goodrich, hereby certify that on this 25t~ day of October 2001, I am serving a true and correct copy of the Praecipe to Transmit Record upon. Ms. Jane Adams, Esquire by First Class Mail, postage prepaid at the following address Ms. Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 Date Matthew J. G/~5'dric~ Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243 -2968 PARNELL ZWALD, Plaintiff KIMBERLY D. ZWALD, Defendant : EN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION.- LAW 1N DIVORCE : No. 01-1578 ORDER OF COURT AND NOW, this _~.~_~ay of~_~ e_f __, 2001, the attached Marital Settlement Agreement is approved and entered as an Order of Court. The Marital Settlement Agreement and this Order shall be incorporated into, but not merged with, the divorce decree which will be entered in the above captioned matter. PARNELL ZWALD, Plaintiff KIMBERLY D. ZWALD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW : IN DIVORCE : No. 01-1578 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT , . r,y./-t~ ,, ~,~ , maae thisc:S5 day of September, 2001, between Plaintiff, Pa~ell ("Husband"), and Defendant, Kimberly Di Zwald ("Wife"), concerns the resolution of the equitable distribution claim in the above-captioned matter. WHEREAS, Husband and Wife desire to enter into an agreement as to all economic issues between the parties, except child support, which is docketed at Zwald v. Zwaid Docket No. 00260 S 2001, PACSES Case Number 387103301, and except as set forth below, and to have this agreement made an Order of Court. NOW, THEREFORE, Wife and Husband, each intending to be legally bound hereby, agree as follows: DIVORCE The parties have lived separate and apart, since March 4, 2001. Each party will execute an Affidavit of Consent and a Waiver &Notice of Intent to Request Divome Decree wi.thin ten (10) days of the execution of this Agreement. FINANCIAL DISCLOSURE Attached hereto as Schedule "A" and "B" are the financial disclosures of the parties with respect to their assets, liabilities and income. Each party confirms that he or she is 1 relying upon the substantial accuracy &the other's financial disclosure as an inducement to the execution of this Agreement. No representations or warranties have been made by either party to the other, or by anyone else as to financial status of the other, except as expressly set forth in this Agreement and Schedules "A" and "B". INCOME TAX The parties agree that this Agreement does not relate to or resolve in any way, any federal, state or local income tax liability that either or both of the parties may have to taxing authorities, or any potential liability that either has to the other regarding income tax. DEBTS At the date of separation, the parties owed real estate taxes in the amount of approximately $990. Wife shall be responsible for the payment of this debt. Except as otherwise identified in this agreement, th.e parties represent and warrant to one another that they are not aware of any other items of marital debt. ASSETS Except as otherwise provided in this agreement, all clothing, personal property and household furnishings have been divided between the parties to their mutual satisfaction, and neither party will make any claim to such items that are now in the possession or control of the other. Husband shall deed all ofh/s right, title, and interest in and to the marital residence located at 63 Marilyn Drive, Carlisle, PA 17013, free and clear of all liens and 2 10. 11. 12. 13. 14. encumbrances, except the lien of any existing mortgage, to Wife. Husband agrees to execute any documents necessary to effect such re/ease/transfer. Wife agrees to pay and will be solely responsible for mortgage Obligations and all related Mobile Home obligations incurred from the date of separation forward, including, but not limited to, lot rent and utilities. The remaining personal property acquired during the marriage shall remain as already divided. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE~ COSTS~ COUNSEL FEES, ALIMONY Both parties waive spousal support, alimony pendente lite, costs, counsel fees, and al/mony, and agree not to request any of thorn in the future, except in the event of breach, as provided in paragraphs 12 and 13. If either party breaches any provision of this agreement, the other party shall have the rig, hi; at his or her election, to sue for damages for such breach, and seek any other remedy allowed under Pennsylvania law. Any party breaching this agreement shall be responsible for the payment of all legal fees and costs incurred by the other in enforcing his or her rights under this agreement, or seeking such other remedy o.r relief that may be available to him or her. FULL AND FINAL SETTLEMENT OF ALL CLAIM,,; Except as provided herein, and except a~ to the issue.of child support, which is separate and apart from this agreement, and is docketed at ~ Docket No. 00260 S 3 15. 16. 17. 18. 2001, PACSES Case Number 387103301, Husband and Wife agree that the execution of this agreement is a full and final settlement of all economic and other claims between them, including, without limitation, the ownerslxip and equitable distribution of marital property, the past, present and future spousal support, alimony, alimony pendente lite and/or maintenance of either of them, and in general, any and all claims and all other possible claims by one against the other or against their respective estates. BINDING ON PARTIES AND OTHERS This agreement shall be binding on the parties and their respective heirs, executors, administrators and assigns. The parties intend this agreement to be incorporated, but not merged, into the divorce decree. This agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the pa.~ies. The parties intend to be legally bound by the terms of this agreement, and intend that it be filed ~vith the Court as satisfaction of the Equitable Distribution claim. However, the parties agree that failure to file this agreement with the Court shall have no effect on the parties' obligations or the ability to utilize any remedy for enforcement. MODIFICATION TO BE IN WRITINfTM No modification or waiver of.any of the terms hereof shall be valid unless in writing and signed by both parties. 19. 22. 23. 20. 21. _LAW OF PENNSYLVANIA APPLICABLF, This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. OTHER DOCUMENTATION Within ten (10) days after demand thereof, the parties will execute any and all wr/tten instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be reasonable, necessary or desirable for the proper cffectuation of this Agreement. The parties further agree that time shall be of the essence. ~NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless tem~inated under the terms of this'Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party thereafter to enforce the same, nor shall the waiver of any breach of any prov/sion hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of s~ct performance of any other obligations herein. ADDRESSES OF PARTIE~ As long as any obligations remain to bl performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of 5 his or her residence address, and shall promptly notify the other in writing of any change of address by giving the new residence address. WARRANTY AS TO EXISTING AND FUTURE oBLIGATION,~; 24. Wife and Husband each warrant that neither has heretofore contracted for any liability for which the other or the estate of the other may be responsible except as specifically disclosed and provided for by the terms of this Agreement. The parties further warrant that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all liabilities of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations identified in or arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and no c.harges shall be incurred by either party against any joint account from the date of execution hereof. ADVICE OF COUNSEl, 25. The provisions of this Agreement and the/r legal effect have been fully explained to the parties by the/r respective counsel, The Farn/ly Law Clin/c, for Wife and Jane Adams, Esqu/re for Husband. ~ch party confirms that he or she fulty understands the terms, cond/fions and provisions of this Agreement and believes them to be fa/r, adequate and reasonable under the existing facts and c/rcumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of this 6 Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreements. 26. Each of the parties has carefully read and fully considered this 'Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. PARNELL ZWALD XX. 117x~. Hanover Street ~, PA 17013 Attorney for Plaintiff q -z MATTHEW $. {~-OO-DRICI~i -- Certified Legal Intern T ~ .~S M. PLACE~-~~ ROBERT R. RAINS TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC Attorneys for Defendant 7 SCHEDULE "A" WIFE'S FINANCIAL DISCLOSURE ASSETS: 1. Mobile Home- Located at 63 Marilyn Drive, Carlisle, PA 17013 APPROXIMATE VALUE: unlm~own 2. Various personal items and household furnishings LIABILITIES: 1. Mortgage on Mobile Home APPROXIMATE LIABILITY: unknown 2. Real Estate Taxes APPROXIMATE LIABILITY: $990.57 Employer: None INCOME: FF~JM : JANE_ADAMS FRX NO..' 71784~8538 $~P. 85 2i~1 03:42AM P2 lt'U$l~,s I~'NANC-'~AL DI~CLO~U~ 1. CIo~ ~d ~ ~lo~n~. U~no~ ~. A~e ~1 ~{~ of~{ ~e v~olm: $1~, 5. V~o~ ~Is. ~ ~ ~r to ~Se. ~ud~ an sir 6. O~ 1985 RCA TV ~ one 19~5 Fi~ ~, v~ ~. INCOM~: Hu~ba~d work~ ~ an ~nd~t ~n~or for Z~d ~fng. ~ ~k. ~s ~ ~co~ is ap~t~y pay cs~a~d ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PA~t~. R. ZWALD Plaintiff VERSUS K~I~I~' ,y D- AND NOW, DECREED THAT NO._ 1578 200_12___ DECREE IN DIVORCE Parnell ~ Z~la ARE DIVORCED FROM THE BONDS OF MATRIMONY. , ~oo I , IT IS ORDERED AND , 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;