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Home My WebLink About01-1785 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 01 - ,,",,S C()'~L '7-~ CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS DIANA ZOELLER, Plaintiff DAVID LEE ZOELLER. Defendant 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important 10 you, including custody or visitation of 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 t!1e Office of the prothonotary, Domestic Relations Section, Dauphin County Courthouse, Harrisburg. Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERT"f, 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 HAilE 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 717240.6300 ith F. Dolgos, Esquire a. Supreme Court ID # 68738 PO Box 60809 Harrisburg, PA 17106-0609 717 541-9660 Attorney for Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 01- 1"71$' DIANA ZOELLER, Plaintiff DAVID LEE ZOELLER, Defendant CIVIL ACTION. LAW IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301 eCl OF THE DIVORCE CODE AND NOW comes plaintiff, Diana Zoeller, by and through his attorney, Judith F. Dolgos. Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, David Lee Zoeller, upon the grounds hereinafter set forth. 1. Plaintiff, Diana Zoeller, is an adult individual residing at 1471 Hillcrest Court, Apartment 703, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Plaintiff's Social Security Number is 523-78-3191. 3. Defendant, David Zoeller, is an adult individual residing at 436 Brook Circle. Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. Defendant's Social Security Number is 049-44-1999. 5. Plaintiff and Defendant are bona fide resident in the Commonwealth at least six months immediately previous to the filing of this Complaint. 6. Plaintiff and Defendant were married September 18, 1976. 7. Neither of the parties in this action is presently a member of the Armed Services of the United States. 8. Plaintiff and Defendant are citizens of the United States. . . ". ':...: ~:'. . '. ::-.,;.... -. ~ .'....... ..~. ..' . .' ,,~ JUDITH FRANCES DOLGOS ATTORNEY AT LAW P.O. ElolC 6OB09 H8nilburg, PA 17106-0809 (717) 232-0320 9. There have been no prior actions for divorce or for annulment betwee tho! parties. 10. The parties have been living separate and apart since November 1. 2d)0. 11. The marriage is irretrievably broken. 12. Plaintiff has been advised that counseling is available and that Plainl.lf rr ~:I have the right to request that the court require!; that parties to participate in counseling. 13. The Plaintiff requests this Honorable Court to enter a decree of divor: a PUI'$;Jan: to Section 3301 (c) of the Divorce Code. WHEREFORE. Plaintiff prays your Honorable Court to enter an Order dissol~hg the marriage between the parties. COUNT 1: EQUITABLE DISTRIBUTION 14. Paragraphs one through thirteen, inclusive, of this Complaint are incorpol ated herein by reference thereto. 15. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deem just after conside~ation 'If all relevant factors. WHEREFORE. Plaintiff prays your honorable Court enter an Order of equitable distribution of marital property pursuant to the Divorce Code. Respectfully submitted. Date: YY}()..Lli1/t./, 200/ By: F. Dolgos. Esquire Ai rney 10 # 68738 Attorney for Plaintiff PO BOI 60809 Harrisburg, PA 17106-0809 717541-9660 ." .--'- -.-.... .. . .......... . '1 .' .' : H z rJ1< <> 101..:1 ! ..:1:>0 ll.rJ1 C ... Z ..l:;t g ZZ o 9 0101 =:5...... 0 :Ell. 101 00 N ~ tJ rIJ~CD_ !;I , , ~ ~'C~~ tJ:>o lr; tJ>>c.c ~ Eo< 101 > :Z:W,BQ; r..Z 3: .... "'..... H <z - ;:: 00 :5 '.... ..:IC Q Ill: a: . E!' 0 lr;..... ~~ ,",O~.s is. Eo<tJ 101..... Z = 1= .!! lr; ..:IC NC H f-cC . OQ 101 ..:I..... . Q) OZ Eo< tJ 101 III > 101.... Eo< "5 :t: tJ< ~ ~ O..-i IOIQ) Z 0 ..:I Nll. ..:IQ ~. ... 1OIlr; > Q. 1:1::101 ..:I H < Eo<lQ H Q Z H ll. :E > < > ~ ZO H Z H < HtJ i f ::J .... ~ ...- -'" ?: ~ ( ~; c: -, -- 4_~_ .. --")~ ~ .", - ~~;~ ' I. ~: . ~ 0"- .'pO ....:: ~ I t I <> C- o '~-:"'J ~ .;";- 8 ~ 8 - -',"fl ~ ...... '" ..~~ ~ c'. ; i-it'O tJj Lj ~ t.; ~ ....: '". ~[J- t " <4 .~ 0- 0 u ~ ..... 01 _ 11f~ (!;()~L- I €IU'1 ,_ _ ""'... ""If' day of _"",2003, . _ ... """" "'" of "" __ of {)oWl "" """.. ... ...- ... -- - of {)oWl "" CERTIFICATE OF SERVICE """'" ... ..... ... "" .._ _ by U""'" .- ...... """" ........ addressed as follows: Judith F. Dolgas, Esquire P.O. BoX 60809 Hatrlsburg, P A 17106-0809 Respectfully submitted, ~~ supreme Court 10 39779 27 South Arlene street Post Office BoX 6315 Harrisburg, PA 17\\2-0315 (717) 540-85\\ J _ !W (') 0 0 c < ~ '., I ?:;: :.? -r~l- , ,T1 n"".. '<3 2: -. -,.. c.~ (=. ", r-:: '.' ~t~, _.. ., , , r"' ~.:t: :;.? j'(:' - .. :.n .--. " -~ ..... .'.: ...... - , ., ('. v,~'1"" I t/ i"J~ v. IN THE COURT Of COMMON plEAS CUMBER\J\ND couNn'. PENNSYLVANIA NO. 0,-'798 CIVIL IN DIVORCE DIANA ZOELLER. Plaintiff DAVID LEE ZOELlER. oefendant I wtirv'" ""-"",, " _..... .. "'... ""m' fa<..1<h ,... ...- .... - CERTifiCATION appointed. BV: Jud' f.OOlgOS AUornPff for the Plaintiff oate: November 28. 2003 tt: KathV M. ShUghart. Esquire fAh I~~V DIANA ZOELLER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNS~LVANIA NO. 01 - 1185 CIVIL vs. DAVID LEE ZOELLER, Defendant IN DIVORCE , AttOrney for Plaintiff . Defendant for Defendant TO: Judith F. DolgoS KathY M. Shu~hart DATE: Tuesday. AUgust 19, 2003 CERTIFICATION 1 cectif' that di,cevec' i' cemplete a' te the clai" for which the Master haS been appointed. OR IF DISCOVER~ IS NOT COMPLETE: la' outline .hac ,n,ecoacien i' cequiced thaC " nec camP'ete in ecdeC te pcepace the ca,e fec tcial and indicate whether there are any outstanding interrogatories or discovery motions. eciuC tu "ll"Y '"' appointment of ..,tec. the par".' had ao infoC'" ..ceement nOt to cooduct foreal ..,covery. ......c in " light ef def.ndant" ,.cvi" 0< int.rregatori.'. plaintif' ha' " filed the sallie. lbl p,ovid' app,owi"" dace wh.n di'cov," will b' cooP"" and indica" wha' ac,ion i' b,in, 'a"n to complete discovery. ...woin' 'hat th'" i' an gr,a' supri., in di'cova'Y' we .woOld coapl.ta dicOV'" on 0' be'o<' october IS. 2003. ~~ uA'fE ( ~) ( ) NO'fE: PBETRIRL DIRECTIVES ,'LL NOT BE IssUED FDR T"E FILING OF 'RETRIRL STRTE.ENTS UNTIL COUNSEL "RVE CERTIFIED TflAT DISCOVERY 15 cOMPLETE, DR OT"ER,'SE A'f 'fHE MAS'fER'S DISCRE'fION. RFTER RECEIVING T"'S OOCU'ENT FRON BOT" CoUNSEL DR R ,RRTY TO T"E RCTIDN, IF NOT RE,RESENTED BY COUNSEL, INDICRTING T"RT DISCOVERY 15 NOT CD.'LETE, T"E DIRECTIVE FDR FILING OF 'RETRIAL S'fA'fEMEN'fS WILL BE ISSUED A'f 'fHE MAS'fER'S DISCRETION. "DWEVER, IF BOT" COUNSEL, DR R ,RRTY NOT RE'RESENTED, CERTIFY TflAT DISCOVERY l~ COMPLETE, A DIR~CTIVE TO FILE PRETRIAL S'fA'fEMEN'fS WILL BE ISSUED IMMEDIA'fELY. T"E CERTIFICRTIDN ODCu.ENT S"DULD BE RETURNED TO T"E MASTER'S OFFICE ,'T"'N <00 l2l WEE'S OF 'fHE DA'fE SHOWN ON 'fHE DOCUMEN'f. DIANA ZOELLER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 1185 CIVIL vs. DAVID LEE ZOELLER, Defendant IN DIVORCE , Attorney for Plaintiff , Defendant for Defendant TO: Judith F. DolgoS KathY M. ShUghart DATE: Tuesday, AUgust 19, 2003 1 c,,'ifY ,h" di,cov,'Y i' compl'" ., '0 'h' cl.i" fo' which ,h' "."" h" b"n .ppoin,'d. CERTIFICATION (a) O~lin' ~., info~,ion i' "~i,,d ,h" .. no' comPl'" in o,d" '0 p"p." ,h' c'" fo' "i.l .nd indic," wh,'h" ,h'" ." .ny ou",.nd,n, interrogatories or discovery motions. Mo di'Cov,'Y h" b"n oonduC"d bY ,i,h" p."y p,iO' '0 AUgust 18, 2003. Def,nd.n'" '0",,00.,o,i" di"c'ed '0 pl.in,iff we" ",v,d on Pl.iO,iff" coon.,l vi' fi'" cl'" ..il on 'UOu" 18. 2003. OR IF DISCOVERY IS NOT COMPLETE: Th'" i' ,ionific.n' d,b' in ,hi' c." which .u" b' ve,ified. (b) "ovide app,o.imate date .hen di"ove'Y .ill be complete aod indicate .hat actioO i' beiog ta,eo to complete discovery. A"umiOg 0 p,moPt ,e,poo,e by ,'oiotiff to Def.ndoot" 10t.,'Ogoto,i" thot pho,' ,hould b' complet.d by S.pte"" 22, 2003. D.f....ot ,...,v.' the ,igbt to conduct fu,tb" di,cove'Y' if n.c."a'Y' bO,.d upon plaintiff'S responses. KathY ShUghart. ESquire -- #. 'i5-Z1-~ DATE m- ~ FOR PLAINT FF ( ) FOR DEFENDANT (It) NOTE: ,ROTRIAL DlRECTlVBS NILL NOT BO lSSUOO fOR THO FILING OF 'ROTRIAL STRTO",.TS ",TIL COUNSOL HAVO CBRTIFIBO THRT 01SCOVORY 15 cOH'LOTB, OR OTHOR,lS0 AT THE MASTER'S DISCRETION. RFTOR ROCOIVING THIS ooCU"BNT FROH BOTH CoUNSOL OR R 'RRTY TO THO RCTI0.. IF NOT RO,ROSONTBO BY COUNSOL. INDICRTING THAT DlSCOVB.i 15 NOT CO"'LOTB, THB 01RBCTIVB FOR FILING OF 'RBTRIRL STRTO",.TS 'lLL BO lSSUBO RT THO ",STOR'S 01SCROTI0N. HOOoVBR. IF BOTH COUNSBL. OR R 'RRTY NOT RO'RBSONTBO. CBRTl" THAT DISCOVERY 15 COH'LOTB. R DIRBCTIVO TO FILB 'ROTRIRL STATEMENTS WILL BE ISSUED IMMEDIATELY. THB CORTIFICRTI0N OOcu"EHT SHOULD BO RBTURHED TO THB HASTBR'S OFFICE 'lTHIH TOO (2) NOOKS OF THE DATE SHOWN ON THE DOCUMENT. DIANA ZOELLER. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND couNTY. PENNSYLVANIA NO: 01-1785 Civil Term v. CIVIL ACTION - lAW IN DIVORCE DAVID LEE ZOELLER. Defendant AND _. ,ll;v~ f/ . 2003. (.~ ~ . """"." appointed master with respect to the following claims: Equitable Distribution, Alimony, Counsel pROFR APPOINTING A MASTER Fees, Costs and Expenses. ~1 ~# k. 'P~, . ~. .~ ~ t ~ V'fI:'\f/,l.\SNN3d II'/~.~..., ,... ._. ._...".,,.,,, J'\J../\!;. . '. . . 0' :'../ 01) :r; r .'" c.: Jd~' ''';, AC\-1(.". . . ".",_) " . . :-i....:...: , " ... DIANA ZOELLER. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNlY. PENNSYLVANIA NO: 01-1785 Civil Term v. CIVIL ACTION - lAW IN DIVORCE DAVID LEE ZOELlER. Defendant ~OTION FOR &PPOINTMFNT OF MASTER Diana Zoeller. Plaintiff, moves the court to appoint a master with respect to the following claims: (X) () (X) () Divorce Annulment Alimony Alimony pente lite (X) () 00 (X) Distribution of PropertY Support Counsel Fees Costs and Expenses and in support of the motion states: 1 . DiscoVery is complete as to the claim(s) for which the appointment of a master is requested. 2. The defendant has appeared in the action by his attorney Kathy M. Shughart. Esquire. 3. The statutOry ground(s) for divorce Is irretrievable breakdown. 4. The action is contested with respect to equitable distribution. alimony. counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Date: ~ "2IHI.3 By: ~~ J h F. Dolgos Attorney for the Plaintiff ID 68738 pO Box 60809 Harrisburg. PI' 17106-0809 (717)541-9660 . , DIANA ZOELLER. plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO: 01-1785 Civil Term v. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE DAVID LEE ZOELLER. Defendant Judith F. OOIQOS, Esquire, attorneY for Diana Zoeller, hereby certify that I have served the fore9lling Motion for Appointment of Master, by placing a true and correct copy of the same in the U 5 Mail, First CIBSlI, postage pre-paid addressed as follOWS: KathV M. Shughart, esquire South Arlene Street PO Box Harrisburg, PA 17112-6315 Date: ~~ ZlIJJ BV: J h F. Dolgos ttornev for the Plaintiff 1068738 PO Box 60809 Harrisburg, PA 17106-0809 (717)541-9660 . , , " ~ \.. LIt:. r"i ~ i ...... ~: '. e l/J ;(") --, . ~l. '. :;'::: -T"' -r.~ ( ." 00-'" :() :t(:' ~ .. )rn l._ ---I ~ ..... "'- ':"J ~ IJ'\ -< DI.-\~A ZOELLER, Plaimitf v. : r-; THE COl:RT OF CO~I~IO~ PLEAS : ClJ~IBERLA~D COl 'NTY. PEl'.'NSYL VA~I..1" : NO: 01-1785 CI\'IL TER'I DA \'ID LEE ZOELLER. Defendant ; Civil Action - Law ; Divorce INVENTORY OF DA \'ID LEE ZOELLER Defendant liI.:s the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verities thai the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. c ) ....... Date: 7-.Jt>-t93 ~ r. De fendant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. Real property Motor vehicles Stocks. bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage ownership. and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay. worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contributions and date plan vests) (X) 19. Retirement plans. Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) (X) 22. Military/V .A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of assets is in dispute) ( ) 26. Other ( ) I. (X)2. ( ) 3. ( )4. (X) 5. (X)6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) II. ( ) 12. ( ) \3. ( ) 14. ( ) 15. MARITAL PROPERTY Item Ownership Possessor Date . Acquisition Separation Present Separation Effecti Description Acquired Value Date Value Value Date D"le of Amount LienlL of Lien 1998 Ford Husband Husband Unknown To be To be $4.000.00 Escort provided prov ided 1992 Wife Wife Unknown To be To be N/A N!A Honda provided prov ided Accord LX PHEEA Husband Husband 1995 Unknown Unknown N/A N/A Retirement ARMY Husband Husband 206 Unknown Unknown $1.412.00 N/A N/A Retirement months per month marital MARITAL DEBTS AND LIABILITIES ( ) Plaintiff ( X ) Defendant lists all liabilities of either or both spouses alone or with any persons as of the date this action was commenced. Item Description! Amount of Debt Amount of Current Debtor Paid By: Creditor at date of Debt Separation AllFirst $12.400.00 $1,800.00 David Zoeller Husband Washington Mutual $610.00 0 David and Diana Zoeller Husband CitiFinancial $7,573.00 $4,600.00 David Zoeller Husband Fleet $4.312.00 $2.400.00 David Zoeller Husband Discover $2.1 03 .00 0 David Zoeller Husband Sears $1,778.00 0 David and Diana Zoeller Husband Spiegel/FCNB $817.00 0 David and Diana Zoeller Husband American Express $2,240.00 0 David Zoeller Husband IRS $4,726.00 0 David and Diana Zoeller Husband Optima $1.940.00 unknown Diana Zoeller Wife I" USA VISA $6.033.00 unknown Diana Zoeller Wife Lowes $922.27 0 David and Diana Zoeller Wife QVC $1.283.81 unknown David and Diana Zoeller Wife . . NON MARITAL PROPERTY DESCRIPTION NAMES DATE OF REASON FOR SEPARATION CURRENT OF PROPERTY OF ALL ACQUISITION EXCLUSION DATE VALUE VALUE OWNERS PHEAA Husband During Post-separation To be provided To be provided retirement Marriage amount Army retirment Husband 60 month pre-separation To be prov ided To be prov ided pre-marital amount (") c: ... ~fj1 ~I!!.i :r:;,.;!...! l;, ': ~... r-> ".. -:- ::.. :E..:;.-.. ~-l. :t/' .COo;' ~... --, -< ""T> :Jr ~ ,,, '0 . . o W ::.. r-- Gi 1"\, U, ~ --, -,.. ijir''!! ~.}~l .1\.:,r : .'(, .,J ..,; ....:d ..,10 .=)"'1 ~ :n -<:: ~. Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller. Defendant Civil Action- Divorce Divorce INCOME AND EXPENSE STATEMENT OF DIANA ZOELI FR Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1-30 -03 Date: INCOME: Forbes Trucking 185 Newberry Commons # 201 Etters. PA 1 7319 Type of Work: Dock Supervisor Payroll Number: N/A Pay Period: Weekly Gross Pay per Period: 5500.00 Itemized Payroll Deductions: Federal Withholding: 5 Social Security: Local Wage Tax: State Income Tax: Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: Medicare Employer: Address: Net Pay Per Pay Period: 85.00 31.00 5.00 14.00 0.00 0.00 0.00 0.00 0.00 7.25 5 357.75 Other Income: Spousal5upport - $276.92 bi-weekly EXPfNSF,\ WEEKLY RENT MAINTENANCE UTILITIES ELECTRIC GAS OIL TELEPHONE WATER TRASH SEWER EMPLOYMENT PUBLIC TRANSPORTATION LUNCH TAXES REAL ESTATE PERSONAL INCOME $ 1 04.00 INSURANCE HOMEOWNERS AUTOMOBILE LIFE ACCIDENT HEALTH OTHER (RENTER) AUTOMOBILE PAYMENT FUEL REPAIRS MEDICAL DOCTOR DENTIST ORTHODONTIST HOSPITAL MEDICINE SPECIAL NEEDS EDUCATION PRIVATE SCHOOL PAROCHIAL SCHOOL COLLEGE RELIGIOUS PERSONAL CLOTHING FOOD BARBER/HAIRDRESSER CREDIT PAYMENTS MEMBERSHIPS MONTHLY $74S.00 $86.00 $84.00 $48.00 $20.00 $10.00 $22S.00 $55.00 $50.00 $18.00 $20.00 $150.00 $20.00 $80.00 YEARLY $ 130.00 LOANS FAST OFFERING AT CHURCH MISCELLANEOUS HOUSEHOLD HELP CHILD CARE PAPERS/BOOKS/MAGAZINES ENTERTAINMENT PAY TV VACATION GIFTs LEGAL FEES CHARITABLE CONTRIBUTIONS OTHER CHILD SUPPORT ALIMONY OTHER CHURCH INTERNET STORAGE TOTAL EXPENSES $104.00 $25.00 $10.00 $36.94 $25.00 $200.00 $9.9S $38.16 $1,9S6.05 $130.00 Diana Zoeller, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA David lee Zoeller, Defendant No: 01-1785 CIVil Term CIvil Action_ Divorce DIvorce CERTIFICATE OF SERVICE '...... F. """"....... -...,.. __. ....., _ """'-......... -..-.....--............................-,...u. Mail, First Class, postage Pl'e-paid adcIl"eSsed as follOWs: -~ '7H1'!> Kathy M. Shughart, Eaqulre P.O. Box 6315 27 South Arlena Street Hal'l'l8burg, PA 17112 By: (") F ~i.~~. "fli" Z :~ -, : 1:n '. ......: ~ . ~r~. ;E;," -!:-::C )."L~ ";"';.. -., -'- C.~ '.."; :::) 1 .- . I"~ 0' ...., .- ,'. ~:""': " :.:....~.~ :.~ .:Q :..:; -P. l_' .oJ ~. Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller, Defendant Civil Action- Divorce Divorce INVENTORY OF DIANA ZOELl FR Plaintiff, Diana Zoeller, files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the proceeding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 1 8 Pa. C.S. Seaion 4904 relating to unsworn falsification to authorities. 9-30 -03 Date: ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. () 1. (X) 2. () 3. () 4. (X) 5. (X) 6. () 7. () 8. (X) 9. () 10. () 11. () 12. () 13. () 14. () 15. () 16. () 17. () 18. (X) 19. () 20. () 21. (X) 22. (X) 23. () 24. (X) 25. () 26. Real Property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance polices (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, Inventions, royalties Personal Property out the home Business (list all owners, including percentage ownership, and officer/director positions held by party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contributions and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryNA benefits Education benefits Debts due, including loans, mortgages held Household fumishings and personalty (including as total category and attach itemized list if distribution of assets is in dispute) other 1. Vehicle Owner/Possessor Date Acquired Acquisition Value Separation date value Present Value Uen at Separation Effective date of Lien 2. Vehicle Owner/Possessor Date Acquired Acquisition Value Separation date value Present Value Lien at Separation Effective date of Lien ITEM 2. MOTOR VEHICLES 1992 Honda Wife 1996 $12,600.00 $8,000.00 $2.600.00 $8,000.00 1998 Ford Escort Husband 1998 $4,000.00 ITEM 5. CHECKING ACCOUNTS. 1'!4!iUf 1. Checking Account: a) PSECU, Acct # 8308116311 b) $500.00 c) $55.93 as of 9/17/03 d) $500.00 2. Cash $25.00 ITEM 6 SAVINGS ACCOUNTS 1 . Savings Account: a) PSECU, Acct # 8308116311 b) 53.28 c) S18.01 asof8-31-03 d) S3.28 ITEM 9. LIFE INSURANCE POLICIES 1. a) Zurich Kemper, # FK2609649 b) term life c) $250,000.00 d) 12-5-1998 e) Owner: David l. Zoeller Insured: David L . Zoeller Beneficiary: Diana Zoeller f) Annual Premium $782.50, David l. Zoeller Payor g) unknown h) no loans against policy known j) N/A 2. a) Central United Life, #2031553 b) term life c) $50,000.00 d) 4-5-90 e) Owner: Diana Zoeller Insured: Diana Zoeller Beneficiary: Kristie Jo 50mmerer - 100% of proceed in trust for Gavin l. Zoeller, grandson f) Annual premium $240.00, Diana Zoeller payor g) cash surrender value at time of separation $1,300.34 h) no loans i) N/A 3. a) Central United Life, # unknown (in David's possession) b) David has info c) << d) << e) Owners: David and Diana Zoeller Insured: 5arah Jean Zoeller Beneficiaries: David and Diana Zoeller f) David has info g) << h) At least $1,100.00 David borrowed against policy with out my knowledge j) unknown 4. a) Central United Life. # unknown (in David's possession) b) David has info c) << d) << e) Owners: Daivd and Diana Zoeller Insured: Mark James Zoeller Beneficiaries: David and Diana Zoeller f) David has info g) h) At least $1,100.00 David borrowed against policy without my knowledge i) unknown ITEM 19 RETIREMENT PlANS IRA'S 1. WIFE American Express Privileged Assists Annuity location; American Express Aca #: FXA 8946092 6-6-94 Initial contribution 550.00, from personal funds Source billed to my American Express card @ 550.00 per month, no contributions currently being made. Account value 5720.89 2. HUSBAND PHEEA Acquired in 1995 no information has been received from husband regarding this accou nt American Express Privileged Assists Annuity Location: American Express Aca# 6-6-94 Balance of info unknown ITEII22.IIILlTARVN.A. BENEFITS 1. HUSBAND 206 months of pension is pre-separation marital asset currently paid at $1,412.00 per month ITEM 23. EDUCATION BENEFITS 1. It is believed that husband is receiving, or has received an education benefit from his current employer. ITEM 25. HOUSEHOLD FURNISHINGS AND PERSONAL PROPERTY 1. ITEMS IN POSSESSION OF WIFE Living room: entertainment center, lamps from Germany, 5 oil paintings, display cabinet wlStar Trek memorabilia; Dining room: table, hutch and Lenox Fairy Princesses, the dining room chairs were discarded; Kitchen: mixer, juicer, wheat grinder; Mise: Fabric and cabinets, 1/2 of videos. BOO Ibs. of wheat, 13 in TV and VCR, sewing machine 2. ITEMS IN POSSESSION OF HUSBAND Kitchen: dishes, silverware, glassware. pots and pans, mixer, bread maker Bedroom: Bed and wall unit, queen size mattress and boxspring Living room: Sofa, tables, lamps Mise. lawn mowers, and all other tools, gas grill, hedge trimmer, edger, 1/2 of videos, 27 in TV and VCR .. .. Diana Zoeller. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller, Defendant Civil Action- Divorce Divorce CERTIFICATE OF SERVICE I, Judith F. Oolgos, Esquire, attorney for Diana Zoeller, hereby certify that I have served the foregoing Inventory, by placing a true and correct copy of the same in the U S Mail, First Class, postage pre-paid addressed as follows: Kathy II. Shughart, Esquire P.O. Box 8315 'D South Artene SInIet Herrleburg, PA 17112 Date:~~~ By: -f F. Oolg08 may for Plaintiff 68738 P.O. Box 60809 Harrisburg, PA 17106-0809 . . n r:") .-) s: 1..1 '" --r)rl ,-, , -! ,..) ., n1r. -1 ~ 0.. , I 7 " .; ~:~ 1,) .-, r:~ . . ~.:. i., of! ~:<"~. ~ Cj ~. ~? ..-/n ~::' ... , :..> .- :0 -< tlO -<. 6' Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 01-1785 Civil Term v. David Lee Zoeller, Defendant Civil Action- Divorce Divorce PI AINTIFF DIANA 70EII ER'S ANSWFRS TO FIRST SFT OF INTFRROGATORIFS OF DEFFNIlANT DAVID I FF ZOEllER I, DIANA ZOELLER. certify that the statements made in the foregoing ANSWERS TO FIRST SET OF INTERROGATORIES OF DEFENDANT DAVID LEE ZOELLER. are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. E, 4904, relating to unsworn falsification to authorities. Dated: fj-3tJ .,()3 J Ith . Oolgos, Esquire t ey for Plaintiff ox 60809 Harrisburg, PA 17106-0809 717541-9660 1068738 1 . State your full name, date of birth, present residence and post office address and social security number. Diana Zoeller Nov. 13, 19S3 1471 Hillcrest Ct. # 703 Camp Hill, PA 17011-8026 523-78-3191 2. As to your present residence. state the following: (a) If leased, the amount of rent on a monthly and yearly basis and the date of commencement of the lease and termination date of the lease; (b) Name of any person or persons occupying the residence with you and all contributions, if any, being made by such person or persons to the cost of maintaining your residence. a) 5745.00 monthly 58,940.00 yearly commencement of lease Oct 24, 2000 termination date of lease Oct 31, 2004 b) apartment. No one resides with me. no one contributes to the cost of maintenance to my 3. State the name of all employers for the past five (5) years, including present employer. For each employer, state the following: (a) Names, addresses and telephone numbers of your employers: Present: Forbes Trucking 185 Newberry Commons #201 Etters, PA 17319 (717) 891-6131 Previous: Express Financial Services 1820 Old Gettysburg Road Mechanicsburg, PA 17055 (717) 972-1037 (b) Dates of commencement and termination of employment and the reason for termination; Present: Part-time August 28, 1999; Full-time July 10, 2000 Previous: May 1995 - July 2000 Left due to too much stress which was creating health problems (c) Position held with each employer; Present: Dock Supervisor Previous: Administrative Assistant (d) For all former employers, state your annual compensation, Including all salary, wages, bonuses, commission or other compensation, deferred or otherwise; N/A (e) For current employment. for each pay period, set forth the hours and rate of pay or earnings, specifying the gross and net average pay per period, Including salary, commissions, overtime and bonuses. Itemize each deduction taken from your gross pay, specifying the nature and amount of each deduction; Pay period weekly. 40 hours per week, gross pay 5S00.00/wk, net pay 5357.75, no commissions, overtime or bonuses (f) Attach complete copies of your federal income tax returns for 199 David has copies of all 1990-1999 tax returns 4. State the nature and amount of any liabilities, debts or obligations of you and your spouse. or either one of you, of whatever nature. including the name of the creditor. at the time of your separation from your spouse. Include any contingent or joint liability which you may have, as co-maker, guarantor, endorser or otherwise. David Allfirst- car loan amount unknown Citifinancial - amount unknown Fleet - amount unknown Discover Card - amount unknown American Express - amount unknown Diana American General- car loan 54,721.00 (5225/mo) Visa - 56000.00 currently 54,600.00 American Express Optima - 5600.00 currently 0 Franklin Mint - 50 Lenox - 5295.00 currently 50 Joint Debt paid by Diana Montgomery Ward - 5950.00 currently 50 Lowes - 5800.00 currently 50 OVC - 51200.00 currently 50 Lane Bryant - 5 400.00 currently 50 American General - 511 ,000.00 currently 50 Joint Debt paid by David Washington mutual - 5600.00 Sears - 51,500.00 Spiegel - 5800.00 IRS - 53,000.00 5. Ust all life insurance policies of which you are, or were, at the time of your separation, the owner, beneficiary or insured. and with respect to each policy provide the following: (a) Name and address of the insurance company and policy; (b) Type of policy: (c) Face amount of policy; (d) Date on which the policy was issued; (e) Identification of the owner, beneficiary and insured; (t) Annual amount of premiums and payor; (g) Cash surrender value at the time of separation from your spouse and/or current cash surrender value; (h) Original and current amount and date of any loan made against said policy; (I) If you have terminated any insurance policies since the date of separation, provide the name and address of the insurance company and policy number, the date and manner of termination, the face value at the time of termination, the cash surrender value and actual amount received upon termination and disposition of said funds. I. a) b) c) d) e) t) g) h) Zurich Kemper, # FK2609649 term life 5250,000.00 12-5-1998 Owner: David L. Zoeller Insured: David L. Zoeller Beneficiary: Diana Zoeller Annual Premium 5782.50, David L. Zoeller Payor unknown no loans against policy known i) N/A II. a) b) c) d) e) Zoeller, grandson t) g) h) i) III. iv. Central United Ufe, #2031553 term life $50,000.00 4-5-90 OWner: Diana Zoeller Insured: Diana Zoeller Beneficiary: Kristie Jo Sommerer - 100% of proceed in trust for Gavin L. Annual premium $240.00. Diana Zoeller payor cash surrender value at time of separation $ 1.300.34 no loans N/A a) b) c) d) e) Central United Life. # unknown (in David's possession) David has Info " " OWners: David and Diana Zoeller Insured: Sarah Jean Zoeller Beneficiaries: David and Diana Zoeller David has info t) g) h) il At least $ 1 ,100.00 David borrowed against policy with out my knowledge unknown " a) b) c) d) e) Central United Ufe, # unknown (in David's possession) David has info " " OWners: Daivd and Diana Zoeller Insured: Mark James Zoeller Beneficiaries: David and Diana Zoeller David has info t) g) h) i) At least $ 1 ,100.00 David borrowed against policy without my knowledge unknown " 6. Identify any and all property or thing of value which you hold In trust or which is held In trust for your benefit. None 7. If you have applied for a loan or for any credit since the date of separation. provide: (a) The Identity of the lender; (b) Any documents submitted therefor; (c) Amount actually received; (d) The purpose and actual use of the loan proceeds; (e) Terms ofthe loan; (t) A complete copy of the agreement or note executed for such loan; (g) A description of any collateral pledged therefor. Have not applied for credit since 2000 8. Itemize in detail your personal average monthly living expenses, Including, but not limited to, housing. clothing. food. utilities, telephone, transportation, medical and dental, insurance of any kind. mortgage, loan payments, taxes, education, and any other regular personal items of any nature. Rent: $745.00 month Utilities: $86.00 month Telephone: total $84.00 month Tithing: $50.00/wk Fast Offering to church: $25.00 month In repayment of advance they made to pay my rent Cable: $36.94 month Internet: $9.95 month Car Loan: $225.00 month Car Insurance: $48.00 month Renters Ins.: $ 1 0.00 month Life Ins.: $20.00 month Visa: $80.00 month Medication: $ 18.00 month Auto expo $ 100.00 month Personal: $20.00 month Food: $ 150.00 month Storage: $38.16 month Patriot News: $10.00 month 9. If you contribute to anyone's support, welfare or maintenance, provide; (a) Name and address of those whom you support; (b) Their relationship to you; (c) Amount and frequency of the payments. I contribute to no one's support 10. If you are presently unemployed. either permanently or temporarily, state; (a) Commencement of date of unemployment; (b) Reason therefor; (c) Expected date of return to employment; (d) Identity of last employer; (e) Amount and frequency of any sick pay, disability, unemployment or insurance benefits or workmen's compensation awards. N/A 11 . State the amount of counsel fees and costs you have paid or have agreed to pay for legal services rendered In this matrimonial action on your behalf, and whether any portion of such counsel fees and costs are being paid by any other person. Paid S 1.0S0.00 Presently due S 1.200.00 12. State you complete education and employment history and any specialized training you have received. High School Graduate- 1971 - no other formal education 13. Identify any individual retirement account (I.R.A) established in your name or in which you have an interest and provide; (al The location of the account and account number; (b) The date the account was established; (c) The source and amount of the initial contribution to the account; (d) The source, date and amount of all contributions made after the initial contribution; (e) The value of the account as of the date of separation from your spouse. al American Express Privileged Assists Annuity b) Location: American Express Acct #: FXA 8946092 c) 6-6-94 d) Initial contribution 550.00, frOm personal funds e) Source billed to my American Express card @ 550.00 per month, no contributions currently being made. f) Account value 5720.89 Had to withdraw funds from account while unemployed due to health problems. 14. State the date of final separation between yourself and your spouse. November 1 , 2000. 15. State the name, business address. occupation, area of expertise and expert qualifications of each person whom you intend to call as an expert witness in this action, and attach complete copies of all written reports rendered to you by said individual. To be determined 16. Do you have any interest in or rights to any assets or property with a value of 5100.00 or more, not preViOusly disclosed in your answers to these interrogatories? If your answer is yes, identify the asset or property, the date of acquisition and the current fair market value thereof. No 1 7. Do you claim that any of the assets or property disclosed in your answers to these interrogatories would be defined as non-marital property? If your answer is yes, identify said asset or property, state the fair market value thereof, and state the basis upon which you contend each asset or property would constitute your non-marital property. No 18. Do you receive, or have you received since the date of separation, any income, compensation or other payments. Including but not limited to any personal injury or medical malpractice settlement or award not previOusly disclosed In your answers to these interrogatories? If so, state the source, date. reason and amounts of said income, compensation or payments and the disposition of said monies. If you have received any such payment as a result of an injury or other physical condition. indicate the date of the injury or the event giving rise to this claim. No 19. What is the condition of your health? If you are suffering from any problems with your health, state the nature of the medical problem and the names and addresses of your treating physicians, hospital or other health care facility. Fair health Arthritis in both hands, both elbows, both shoulders, neck, lower back, both hips, both knees, right foot, and lower back. Irregular heart beat Acid reflux disease Primary care physician: Dr. Donald Potter NCAD Health Clinic New Cumberland, PA I am presently on a waiting list for a new Rheumatologist for a new evaluation of condition, Medication was changed in August as old meds no longer working. Beginning of 2003. (February) doctor fllled out paperwork for handicap status with Penn Dot. Granted for inability to walk long distances w/o excessive pain. Apartment I live in is on ground floor so I do not have a lot of steps to negotiated. Apartment has 3 medical alert buttons to summon help immediately. The type of arthritis is known as DJD (degenerative Joint disease) eventually I will end up in a wheel chair according to my physicians. at present rate of degeneration it could happen as soon as 5 years. 20. Identify all bank accounts, credit unions, ~avlngs and loan accounts, time deposits, certificates of deposit, savings bonds, treasury notes, savings clubs, thrift plans, money market funds and checking accounts in your name or in which you have an interest or in which you have had an interest at the time of and since 2000 and for each provide the following; (a) Location and account number; (b) Balance or value as of the date of final separation; (c) Balance or value currently: (d) Value at time of separation form your spouse. I. Checking Account: a) PSECU, Acct # 8308116311 b) 5500.00 c) 555.93 as of 9/17/03 d) 5500.00 II. Savings Account: a) PSECU, Acct # 8308116311 b) 53.28 c) 518.01 as of 8-31-03 d) 53.28 21 . Identify all shares of stock, securities, bonds, options, futures or other Investments which you own or In which you have an interest presently, or in which you have had an interest at the time of or since 2000, either individually or with another, and provide the following: (a) Description of said item: (b) Identification of any co-owners or interest holders; (c) Current market value: (d) Value at time of separation from your spouse. None 22. If at any time since 2000. you have sold. transferred, conveyed or otherwise disposed of any assets, whether you consider them marital or non-marital. provide: (a) Complete description of each item; (b) Identification of the transferee and your relationship thereto; (c) Date of transfer or other disposition; (d) Value at the time of transfer or other disposition; (e) The consideration you received therefor; (f) Disposition of the consideration received; (g) List all items you have removed from the marital home and for each described or identified. set forth the date of removal. present location. disposition. the consideration received if transferred or otherwise disposed of and the disposition of the proceeds. Indicate which, If any. items were removed with or without the consent of your spouse and why said items were removed. All items still in my possession - other than my dress clothes from my prior job, I sold them to help pay my rent. Diana Zoeller, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY. PENNSYLVANIA v. No: 01-1785 Civil Term David Lee Zoeller. Defendant Civil Action- Divorce Divorce CERTIFICATE OF SFRVICE I, Judith F. OoIgos, Esquire, attorney for Diana Zoeller, hereby certify that I have served the foregoing Answers, by placing a true and correct copy of the same in the U S Mail, First Class, postage pre-paid addressed as follows: Kathy M. Shughart, ElIqulre P.O. Box 6315 71 SOuth Artene Street Harrl8burg, PA 17112 Date: ()v; & ),2oa"3 By: Judith 905 Atto for Plaintiff 1068738 P.O. Box 60809 Harrisburg, PA 17106-0809 717 541-9860 Q c:: n c. c......) ~, -.- n ., ... : ""t.i. 'J I"} (1<'. ~ . ~!.~ I .' n ~. , ;'..;J C:~.l r" .~) r.:.i. :.:~ .. "- . ..;-. ~. -.'- .'. . ..:. , ;'-ri r,..; ..0 , .. ! " :...) ::.:.J -... -', ...1 -< v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01 - 1785 CIVIL TERM : Civil Action - Law DIANA ZOELLER, Plaintiff DAVID LEE ZOELLER, Defendant : Divorce AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 27, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify 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: 7- 9-0'( C) efendant (") ~; <'. ""'1:. '~." tJ."; r ,_ C:.. . /..l ~3{~;. ~~~ .... '-.. :z ~ ...., = ~ o -n ...... :J:"'Tj rl1-" hi :go -~ . CI(~) ~.;5~~ -'-:."nl o ~ <- s: , N -0 :1:: C.) .. U'> v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01 - 1785 CIVIL TERM : Civil Action - Law : Divorce DIANA ZOELLER, Plaintiff DAVID LEE ZOELLER, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST 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! 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 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: '7- '7-0'-/ l -........ ~--L7 ;-L? David L o F qJ;.:~' "%i'; cr: ",. ~t::; ~~~ ./ :z ...., => <= .r- c.... c.: r 9 ., ..... :J:_ IT' ., 'r:~ ""OJ'T1 i:.>e;"' .:::{O ..r--:-. ?"; :;". -=:-...(") ~.5i'n ~~ -< N ~ -', w C7\ v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 01-1785 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE DIANA ZOELLER, Plaintiff DAIVD LEE ZOELLER, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301 (c) of the Divorce Code was files on March 27,2001. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety 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 unsworn falsification to authorities. Date: U<<{j 0 200)/ ~-ffU-(<;- IA ZOELLER INTIFF DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v No: 01.1785 CIVIL TERM CIVIL ACTION. LAW IN DIVORCE DAIVD LEE ZOELLER, Defendant 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 allimony 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. E, 4904 relating to unsworn falsification to authorities. . Date: JJ:t ! 200Cj" U ~:4U!<./ ~~b--- A 'A ZOELLER (/ INTIFF DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 1785 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ,;~ /J'v:L day o~~, 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated July 1, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, . J. cc: ~udith F. Dolgos Attorney for Plaintiff ~athy M. Shughart Attorney for Defendant ~:o : J i' Ul/ 2"' (/:;(' ',nu, Z .~ (. I_h) ~! At.)\':~~C;\:':~}-)Ocd ::ril dO jJ!:t;';'O-cn:L'~ MARIT AL SETTLEMENT AGREEMENT THIS AGRE~;\IE:'iT. is made lhis. I day of J ~ .2004. by and belween DIANA C. ZOELLER. of Camp Hlll. Cumberland <I:6unty. Permsylvania. hereinafter referred to as "\\ lFE" and DA YID L. ZOELLER. of Harrisburg, Dauphin County. Permsylvania. hereinafter referred to as "HUSBAND:' WHEREAS, the parties were married on September 18. 1976: and WHEREAS, the parties' children are now adults; and WHEREAS. in consequence of disputes and unhappy differences. the parties have separated and are now and for some time have been living apartJrom each other and since their separation. have agreed to live separately and apart during the rest of their lives; and WHEREAS. the parties desire to confirm their separation and make arrangements in connection therewith. including the settlement of their property rights. the support and maintenance of the WIFE. and any other rights and obligations growing out oflhe marriage relationship. IT IS THEREFORE AGREED by and between the parties that: 1. CONSIDERATION. The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEP ARA nON. It shal1 be lawfulJor eacb party ,at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. 3. NO INTERFERENCE. Each party shal1 be free from interference, authority and control, direct or indirect, by the other as ful1y as if he or she were single and tmmarried. Neither shal1 molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. DIVISION OF MARITAL AND PERSONAL PROPERTY. Except as otherwise set forth in this Agreement, the parties hereto agree that the marital property and personal property of the parties has been divided to their mutual satisfaction. The parties agree that they shall retain all personal property in their respective possession and waive all rights as to marital property and personal property in the possession of the other spouse as of the date of the execulion of this Agreement. The parties further agree that the savings bonds in lhe name of their grandson and currently in the possession of\vlFE. shall be physically given to the parents of the child within ten days of the date of this Agreement. 5. RELEASE OF INTEREST IN SEPARATE ASSETS. The parties hereto agree to waive any and all right to claim anyinterest.or.share in the. separate assets retained by the other spouse. This waiver and release specifically includes any interest in each other's pension, employee benefits. life insurance. business interests. and any and all other separate assets. 6. WAIVER OF CLAIMS AGAINST ESTATES AND MUTUAL RELEASE. Each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or may hereafter acquire, under the present or future laws of any jurisdiction. to share in the property or the estate of the other as a result of the marital relationship including, without limitation, dower, thirds, courtesy, allowance, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of the other,rightta act.as admInistrator/executor of the other's estate, and each party will at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. The parties hereto have been informed of their rights or have been advised to seek cOlillsel to inform them of their rights under and pursuant to the Divorce Code, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution of marital property, cOlillsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimonypem;len,te lite" C;qllit,apledistribution of marital property, counsel fees or expenses. Each of the parties hereto, for himself or herself, his or her executors, :2 administrators. or assigns, does remise. release. quit claim. and forever discharge the other party hereto, his or her heirs. executors, administrators or assigns or any of them. of any and all claims. demands. damages, action causes of aClion. or suits at law, or in equity, of anY kind or nature. for or because of anY .matter or thing clone. omitted or suffered to be - ' .. ... done by said other party prior to and including the date h(:reof. 7.. AFTER-ACOUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were U1unarried. 8. WIFE'S RETIREMENT ACCOUNTS. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, sayings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property.. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form. or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. HUSBAND further waives any interest he might have in any and all of WIFE's Individual Retirement Accounts (IRA) currently in her name. 9. HUSBAND'S RETIREMENT AND PENSION BENEFITS. 9.A. HUSBAND is presently employed by tbJ: commonwealth of Pennsylvania. As an employee of the Commonwealth, he is entitled to certain benefits upon retirement. As part of the equitable distribution of property arising out of the marital relationship between HUSBAND and WIFE, HlJSBAND agrees that upon his retirement, WIFE shall be entitled to receive fifty-five percent of the marital portion of HUSBAND's retirement. The parties further agree that the marital portion of HUSBAND's retirement shall be based upon a coverture fraction of 5.6 years as the 3 nwnerator over lhe denominalor of the total years of service. plus any accrued interest from ~ovember 1, 2000 until the date of transfer. The parties agree that the transfer to \V lFE shall be made pursuant to a Qualified Domestic Order (hereinafter referred to as "QDRO"). The form of the Order is to be set forth in a Sdpulation which will be signed by both parties subject to the prior approval of their respective counsel. The Order shall be.entered by Stipulalion within ninety (90) days of the execution of this Agreement. Furthermore, after the transfer to \V1FE has been made pursuant to this paragraph, all remaining benefits in HUSBAND's retirement account shall become HUSBAND's sole and separate property. 9.B. HUSBAND was previously employed by the United States Army from which he currently receives a pension. WIFE hereby waives her right to equitable distribution of HUSBAND' s military retirement. 10. MOTOR VEHICLES. The parties agree that WIFE shall become the sole owner of the 1992 Honda Accord encumbered by a loan through American General. WIFE shall be solely and fully responsible for the payment of this loan. HUSBAND shall become the sole owner of the 1998 Ford Escort encumbered by a loan through AllFirst Ban1e HUSBAND shall be solely and fully responsible for the payment of this loan. The parties agree that they will hold each otherfn:e and harmless from any and all liability as a result of ownership of these vehicles or as a result of their liability for their respective car loans. .. ..., ..' . 11. ACCOUNTS. The parties acknowledge that they each possess certain bank accolillts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. They further agree that any and all joint checking and savings accounts have previously been divided to their satisfaction. WIFE further waives any interest she might have in any and all of HUSBAND's Deferred Compensation Account currently in his name.. 12. PARTIES' DEBTS. The parties represent and warrant to each other that since separation, they have not incurred any debts or made allY contracts..other than those listed -I herein. and in the future they \vill not incur any debts or make any contracts for which the olher shall be held liable. The parties funher agree thalthey will each remain responsible for any and all debl currently in their own name. of any nature whatsoever. even if not indicated herein. The parties shall hold each other harrnkss for any liability which may arise as a result of the late or non-payment of the debt for which they are hereafter responsible. The parties acknowledge that HUSBM.JDha~ paid joint debl since the time of the parties separation. HUSBAND agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the Citifiancial account and the Fleet account. WIFE agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the First VISA account. 13. EOUIT ABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the: criteria set forth in the Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the second marriage for both HUSBAND and WIFE; the age, health, station, amount and sources of income; contribution of each party to the education. training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited too medical, retirement. insurance or other benefits; the contribution or dissipation of each property, including the contribution of each spouse as a homemaker and caretaker of the children; the value ofthe property set apart to each party; the shared responsibility for all of the debts of th(: parties; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected .....-. ..-, " without the introduction of outside funds or other propt:rty not constituting marital property. The division of property under the Agreement shall be in full satisfaction of all marital rights of the parties. 14. INTENDED TAX CONSEOUENCES. By this Agreement, the parties have intended to effectuate an equal division of their marital property in accordance with the Pennsylvania laws pertaining to divorce and equitable distribution. . The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital, property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting the marital estate. As a part of the equitable division of the marital properties and the marital settlement herein contained. the parties agree to hold each other free and harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 15. T AX FILINGS. All federaL state and local tax returns required to be filed by the parties have been filed. and all federaL state and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither party has been delinquent in the payment of any tax. assessment. or gove:rnmental charge. Neither party has had any ta.'( deficiency proposed or assessed against him or her. nor has executed any waiver of the statute oflimitations on the assessment or collection of any tax. IS.A. In the event that there be any deficiencies in state or federal income ta.'(es. including penalties and interest, related to the joint income ta.'( returns of the parties for years prior to tax year 2004 (the year of the divorce decree), it is agreed that the parties shall be proportionately entitled to any refund dm: to the parties for those years. Accordingly, the parties shall be proportionately responsible for the payment of any and all costs of defending the parties against any asserted deficiencies. or of prosecuting any ...... .," refund claim. Both parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, r'efund claims, and powers of attorney. 16. ALIMONY. HUSBAND shall pay to WIFE the sum of forty-two (42%) percent of his gross monthly military retirement. WIFE shall also be entitled to forty-two (42%) percent of any cost ofliving increases. The forty-two (42%) percent figure represents the equivalent of fifty-five (55%) percent of the marital portion of the retirement. The parties were married for 206 months 6 ofHUSBA~D's total 266 months of service. or seventy-seven (77%) percent of his total service time. The alimony payment represents fifty-five (55%) percent of the marital portion (seventy-seven (77%) percent) of his gross monthly amount. It is the parties' intention that 'W1FF s alimony be paid directly to her by the military as a gross monthly amount. from which she will be responsible for the payment of any and all ta.'(es due. Likewise. HUSBAND's gross monthly retirement shall be reduced by the amount paid to WIFE. The parties hereby specifically agree that this alimony provision is non- modifiable for such time as HUSBAND coniinues to receive' a military retirement benefit. The payment provisions hereof have been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and were agreed to by the parties with the specific understanding that neither the amount nor the duration thereof shall be subject to modification for any reasons, including material changes in financial circumstances. employment status or marital status of either party. The understanding was an inducement and condition precedent to the execution of the overall Agreement. 17. LIFE INSURANCE. For so long as HUSBAND is able to do so at no cost to himself, he hereby agrees to designate WIFE as the irrevocable primary beneficiary on a life insurance policy insuring the life of HUSBAND'as'provided by his employer. In the event that such life insurance policy ceases to be available to HUSBAND at no cost through his employer. WIFE may elect to pay any premium necessary to keep the policy in effect. 18. SPOUSAL SUPPORT. The parties acknowledge that HUSBAND is currently paying spousal support in the amount of $600.00 per month through the Cumberland County Domestic Relations Office. The parties agree that said payments shall cease effective on the date of this Agreement, at which time said Order shall terminate. Upon execution of this agreement, WIFE shall immediately file a Petition to Terminate the spousal support order. Any payment(s) made by HUSBAND after that date, not on arrears on the account, shall be deducted'frbitiHUSBANDYobligationtoWIFE pursuant to Paragraph 16 hereof. In the event WIFE receives spousal support payments pursuant to the Domestic Relations Order currently in effect after thl: date of this Agreement. she shall reimburse HUSBA~D for the amount of such payments. As of the date of execution. V.. 1FE shall not be entitled to make any other claims for. and expressly waives her right to. any support, alimony pendente lite or maintenance from HUSBAND, except that 'W1FE shall be entitled to anv and all arrears which mClV be due and owim: to her as . ~ - '- of the date of execution. 19. REPRESENT AnON BY COUNSEL. The parties acknowledge that both have sought or have had the opportunity to seek independl:nt legal counseL The parties further acknowledge that WIFE is represented by Judith F. Dolgos, Esquire and HUSBAND is represented by Kathy M. Shughart. Esquire. Both parties have had every opportunity to consult with their own counseL be advised by them and review in detail the contents of this Agreement before its execution. The parties. after consultation with their respective counsel. are satisfied with the distribution of the assets as set forth in this Agreement and that it is fair and equitable. 20. COUNSEL FEES. Except as provided herein. each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise 21. T AX ADVICE. Both parties hereby acknowledge and agree that they have had the opportunity to retain their own accountants. certified public accountants, ta.'( advisor, or ta.'( attorney with reference to the ta.'( implications of this Agreement. Further neither party has been given any ta.'( advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent ta.'( advice by r1~taining an accountant, certified public accountant, ta.'( attorney or ta'( advisor with referl:nce to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledg(:ment that they have read this particular paragraph and have had the opportunity to se.:k independent tax advice. 8 22. COl)NSEL FEES. Each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection \\ith the divorce proceeding and the negotiation of this Agreement or othef\\ise. 23. BANKRUPTCY. It is hereby understood and agreed by and between the parties hereto that HUSBAND's agreement for payments following the date of execution of this Agreement shall not be affected by any bankruptcy proceeding instituted by or against HUSBAND voluntarily or involuntarily, and should not be deemed to constitute or be dischargeable debt of a bankrupt. HUSBAND further warrants that he has not heretofore instituted any proceedings pursuant to the. bankruptcy laws nor are there any such proceedings pending with respect to him which have been initiated by others. 24. DIVORCE. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers. or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. as contemplated by the Pennsylvania Divorce Code. . ..... .' . 25. BREACH. 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 of such breach or seek such other remedies as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. FINANCIAL DOCUMENT DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although they have been advised that it is their legal right to have such disclosures prior to entering into this Agreement. By executing this Agreement, the parties hereby acknowledge their satisfaction with the information presently available to them and <igree no.tt() us~ !lon-disclosure as a basis to 9 overturn this Agreement. 27. EXECCTIO:-i OF DOCl'ME:-iTS. Both parties hereby agree to execute any documents required to implement this Agreement. 28. ADDITIONAL I:-iSTRl:MENTS. Each ofth.: parties shalL from time to time. at the request of the other. execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably' required to give' full force and effect to the provisions of this Agreement. 29. SUBSEOUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be effected by their subsequent reconciliation or resumption of marital relations unless the parties otherwise specifically agree in writing. 30. 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. 31. MODIFICATION AND WAIVER. A moditication or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature'. 32. PARTIAL INVALIDITY. Ifany provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall neve:rtheless continue in full force and effect. 33. VOLUNTARY EXECUTION. The parties hereby acknowledge that this Agreement is fair and equitable and that it is entered into freely and voluntarily, and that it is not the result of any duress or undue influence. 34. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terms of this' Agreem,ent ,shall be incorporated into any Divorce Decree which may be entered with respect to 1hem. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purposes of enforcement of any of the provisions thereof. 10 35. APPUCABT E T."'-W. This Agre4lnlent shall be COlc.strued in acccrdance with the laws oi the Co=onwealth of Pennsylvania. 36. RT'Io1)lNG 'F.FFFCf. Except as otherwise stared h,,,,ein, all provisions oithis Agreement shall be binding upon the respective beirs. executor;, or administrators oithe parties. LI\l WITNESS WHEREOF. the parties hereto have set their hands and so;:als the dale and year fin,'t above written. WITNESS: ~' .' 7~{,<.Cl./ (!. '{O?t!1:r-- ~ C. zoeuerJ c:.?r5~L ~dIJ7d i tJf~#~A/ lmess ' I / . L- / ~ ~'C'" \ )~\~~}- Witness I ) ACTo..'NOWT 1I.DGMENT COI'IMONWE-'l.L TH OF rENNSYL v ANlA coUNTY OF eui>!f>UL",.D D CU-1f~ ~ 1 On this, the I d:ty oi "f < . 2004, before r:l.e. the UI1deTsigncd officer, a Notary Public in :ul<Y or S3~unty and St:lte, personally .ppeared DrA1-lA C. ZOELLER, known to me or satisfactorily proven to be the person wbose name is subscnbed Ie the within inSll'Ull1enl. and acknowledged the above Marira! Settlement Al!1'eement to be her voluntary act and deed. IN WITNESS WHEREOF, I have hereunto let my hand and seal. ~l~~;? (~~ Norary Public I 1 Deb.dh L NalarteI Seal . I.ower llwatara ~c Notary PuIIIIc My ColI1IIliAion ~ ~ ~ """'- .11. 2Q04 .F..~,q,,~ II 1>, ell NolII1aI 11 ACK."iOWLEDG:\IE:-iT COM:V\ONWEAL TH OF PE",r;SYL VANIA COUNTY OF DAUPHIN On this, the c{ r':"" davof J i.. l, /______ ,2004. before me, the, undersigned officer. a Notary Publi~ in and for said Cou,hty and State, personally appeared DAVID L. ZOELLER. known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument. and acknowledged the above Marital Settlement Agreement to be his voluntary act and deed. IN WITNESS WHEREOF, \ havehin:unto set'myhiu;cf and seal. JJJ d': '" (1 I-I f( Notary Public .. -'A. POUN8, IIOT~ PUBlIC UlWER MXrON 1WP~ DAIlPHIM COuNlV 12 (', " \ \ j v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01-1785 CIVIL TERM DIANA ZOELLER, Plaintiff DAVID LEE ZOELLER, Defendant : Civil Action :r:iiw"'" ... .~. .~. .... . . : Divorce ACCEPTANCE OF SERVIn.: I hereby acknowledge that I, Defendant, David Lee Zoeller, accepted service of the Complaint filed in the above-captioned Divorce on or about April 2, 2001. ( ~ " ", .. , . .....,~. .........'.~.,. '-'.'"" ,.,.,",",' ......,.- David Lee t:ller , .. .-,_.. .,....... .""'" .~._.'." .~.- -",';""-." ..,. ',' ",' -,... -,'.-' ,-' ..' . "" ''''' C:::~ ."" t::> " -., I .c- o ," ::--< ~r: .... t"1>1.2J -or;:; ,pry ':i!"P "... . ," ~-.l :,-:..2F-5 c5rn i;! ::.i.J -< -n - . -',,, ~ N N DIANA ZOELLER, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 01-1785 Civi~ 2001 DAVID LEE ZOELLER, Defendant IN DIVORCE Please enter my appearance, in the hereinabove-captioned matter, on behalf of the Plaintiff To The Honorable Curt Long Prothonotary 19 October ~L ~ ' Attorney for Plainti C. Doran Vanc1e, Jr., Esquir Supreme Court I.D. # 40355 .-.-C:." f\'\_ED-Urn\..A;:r.--; ~ : I ~ ' n-;:. i\J~ -:".J;' " ',J' .1'-. No. 01-1785 Term, W<~ ,.- ,-.... f,,:',.... ~~: ::~D "Lnf\h C:'i' i / i . uU. ".; 1 -. DIANA ZOELLER, Plaintiff vs. C:'.~:,' DAVID LEE ZOELLER, Defendant PRAECIPE Filed 19 October # 2004 C. DORAN VANCE, JR. , Atty. Supreme Court I.D. # 40355, For the Plaintiff C. Doran Vance, Jr., Esquire 1917 Grist Mill Circle Hershey, PA 17033-8924 (717) (433-8238) MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, is made this c '5'::L. day of .\ )r\re-m~--;/ ,2004, by and between DIANA C. ZOELLER, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE" and DAVID L. ZOELLER, of Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as "HUSBAND." WHEREAS, the parties were married on September IS, 1976; and WHEREAS, the parties' children are now adults; and WHEREAS, in consequence of disputes and unhappy differences, ,the parties have separated and are now and for some time have been living apart from each other and since their separation, have agreed to live separately and apart during the rest of their lives; and WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, the support and maintenance of the WIFE, and any other rights and obligations growing out ofthe marriage relationship. IT IS THEREFORE AGREED by and between the parties that: 1. CONSIDERATION. The consideration for this Agreement is the mutual promises and agreements herein contained. 2. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. 3. NO INTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. DIVISION OF MARITAL AND PERSONAL PROPERTY. Except as otherwise set forth in this Agreement, the parties hereto agree that the marital property and personal property of the parties has been divided to their mutual satisfaction. The parties agree that they shan retain all personal property in their respective possession and waive all rights as to rnarital property and personal property in the possession of the other spouse as of the date of the execution of this Agreement. The parties further agree that the savings bonds in the name of their grandson and currently in the possession of WIFE, shall be physically given to the parents of the child within ten days of the date of this Agreement. 5. REI "EASE OF INTEREST IN SEP ARA TE ASSETS. The parties hereto agree to waive any and all right to claim any interest or share in the separate assets retained by the other spouse. This waiver and release specifically includes any interest in each other's pension, employee benefits, life insurance, business interests, and any and all other separate assets. 6. WAIVER OF CLAIMS AGAINST ESTATES AND MUTUAl, RELEASE. Each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or may hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship including, without limitation, dower, thirds, courtesy, allowance, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of the other, right to act as administrator/executor of the other's estate, and each party will at the request ofthe other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of an such interests, rights and claims. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, particularly the provisions concerning alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Each of the parties hereto, for himself or herself, his or her executors, 2 administrators, or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, action causes of action, or suits at law, or in equity, of any kind or nature, for or because of any matter or thing done, omitted or suffered to be done by said other party prior to and including the date hereof. 7. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 8. WIFE'S RETIREMENT ACCOUNTS. HUSBAND agrees that any monies which WIFE has acquired through her interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employers shall remain her sole and exclusive property. HUSBAND hereby covenants and agrees that he will execute any spousal waivers that may be required under the Pension Reform Act of 1974, the Retirement Equity Act of 1984, or any similar Federal or state statute that is now in effect or may be enacted. This paragraph is intended to substitute for any other statement, prepared form, or document which might be required by any plan, fund, trust, administrator, trustee, or similar entity or person, so that WIFE may receive said benefits as if she were never married. HUSBAND further waives any interest he might have in any and all of'W1FE's Individual Retirement Accounts (IRA) currently in her name. 9. HUSBA~D'S RETIREMENT AND PENSION BENEFITS. 9.A. HUSBAND is presently employed by the Commonwealth of Pennsylvania. As an employee of the Commonwealth, he is entitled to certain benefits upon retirement. As part of the equitable distribution of property arising out of the marital relationship between HUSBAND and WIFE, HUSBAND agrees that upon his retirement, WIFE shall be entitled to receive fifty-five percent ofthe marital portion of HUSBAND's retirement. The parties further agree that the marital portion of HUSBAND's retirement shall be based upon a coverture fraction of 5.6 years as the 3 numerator over the denominator of the total years of service, plus any accrued interest from November I, 2000 until the date of transfer. The parties agree that the transfer to WIFE shall be made pursuant to a Qualified Domestic Order (hereinafter referred to as "QDRO"). The form ofthe Order is to be set forth in a Stipulation which will be signed by both parties subject to the prior approval of their respective counsel. The Order shall be entered by Stipulation within ninety (90) days of the execution of this Agreement. Furthermore, after the transfer to WIFE has been made pursuant to this paragraph, all remaining benefits in HUSBAND's retirement account shall become HUSBAND's sole and separate property. 9.B. HUSBAND was previously employed by the United States Army from which he currently receives a pension. WIFE hereby waives her right to equitable distribution of HUSBAND's military retirement. 10. MOTOR VEHICLES. The parties agree that WIFE shall become the sole owner of the 1992 Honda Accord encumbered by a loan through American General. WIFE shall be solely and fully responsible for the payment ofthis loan. HUSBAND shall become the sole owner of the 1998 Ford Escort encumbered by a loan through AllFirst Bank. HUSBAND shall be solely and fully responsible for the payment of this loan. The parties agree that they will hold each other free and harmless from any and all liability as a result of ownership of these vehicles or as a result of their liability for their respective car loans. 11. ACCOUNTS. The parties acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. They further agree that any and all joint checking and savings accounts have previously been divided to their satisfaction. WIFE further waives any interest she might have in any and all of HUSBAND's Deferred Compensation Account currently in his name. 12. PARTIES' DEBTS. The parties represent and warrant to each other that since separation, they have not incurred any debts or made any contracts, other than those listed 4 herein, and in the future they will not incur any debts or make any contracts for which the other shall be held liable. The parties further agree that they will each remain responsible for any and all debt currently in their own name, of any nature whatsoever, even if not indicated herein. The parties shall hold each other harmless for any liability which may arise as a result of the late or non-payment of the debt for which they are hereafter responsible. The parties acknowledge that HUSBAND has paid joint debt since the time of the parties separation. HUSBAND agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the Citifiancial account and the Fleet account. WIFE agrees to be solely liable for any outstanding amounts due as of this date on the following debt: the First VISA account. 13. EOUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in the Divorce Code, and taking into account the following considerations: the length of the marriage; the fact that it is the second marriage for both HUSBAND and WIFE; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited too medical, retirement, insurance or other benefits; the contribution or dissipation of each property, including the contribution of each spouse as a homemaker and caretaker of the children; the value of the property set apart to each party; the shared responsibility for all of the debts ofthe parties; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under the Agreement shall be in full satisfaction of all marital rights of the parties. 14. INTENDED TAX CONSF,QUENCES. By this Agreement, the parties have 5 intended to effectuate an equal division of their marital property in accordance with the Pennsylvania laws pertaining to divorce and equitable distribution. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting the marital estate. As a part of the equitable division ofthe marital properties and the marital settlement herein contained, the parties agree to hold each other free and harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 15. TAX FILINGS. All federal, state and local tax returns required to be filed by the parties have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither party has had any tax deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of limitations on the assessment or collection of any tax. IS.A. In the event that there be any deficiencies in state or federal income taxes, including penalties and interest, related to the joint income tax returns of the parties for years prior to tax year 2004 (the year ofthe divorce decree), it is agreed that the parties shall be proportionately entitled to any refund due to the parties for those years. Accordingly, the parties shall be proportionately responsible for the payment of any and all costs of defending the parties against any asserted deficiencies, or of prosecuting any refund claim. Both parties agree to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. 16. ALIMONY. HUSBAND shall pay to WIFE the sum offorty-two (42%) percent of his gross monthly military retirement. WIFE shall also be entitled to forty-two (42%) percent of any cost ofliving increases. The forty-two (42%) percent figure represents the equivalent of fifty-five (55%) percent of the marital portion of the retirement. The parties were married for 206 months 6 of HUSBAND's total 266 months of service, or seventy-seven (77%) percent of his total service time. The alimony payment represents fifty-five (55%) percent of the marital portion (seventy-seven (77%) percent) of his gross monthly amount. It is the parties' intention that WIFE's alimony be paid directly to her by the military as a gross monthly amount, from which she will be responsible for the payment of any and all taxes due. Likewise, HUSBAND's gross monthly retirement shall be reduced by the amount paid to WIFE. The parties hereby specifically agree that this alimony provision is non- modifiable for such time as HUSBAND continues to receive a military retirement benefit. The payment provisions hereof have been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and were agreed to by the parties with the specific understanding that neither the amount nor the duration thereof shall be subject to modification for any reasons, including material changes in financial circumstances, employment status or marital status of either party. The understanding was an inducement and condition precedent to the execution ofthe overall Agreement. 17. LIFE INSURANCE. For so long as HUSBAND is able to do so at no cost to himself, he hereby agrees to designate WIFE as the irrevocable primary beneficiary on a life insurance policy insuring the life of HUSBAND as provided by his employer. In the event that such life insurance policy ceases to be available to HUSBAND at no cost through his employer, WIFE may elect to pay any premium necessary to keep the policy in effect. 18. SPOUSAl, SUPPORT. The parties acknowledge that HUSBAND is currently paying spousal support in the amount of $600.00 per month through the Cumberland County Domestic Relations Office. The parties agree that said payments shall cease effective on the date of this Agreement, at which time said Order shall terminate. Upon execution of this agreement, WIFE shall immediately file a Petition to Terminate the spousal support order. Any payment( s) made by HUSBAND after that date, not on arrears on the account, shall be deducted from HUSBAND's obligation to WIFE pursuant to Paragraph 16 hereof. In the event WIFE receives spousal support payments pursuant 7 to the Domestic Relations Order currently in effect after the date of this Agreement, she shall reimburse HUSBAND for the amount of such payments. As of the date of execution, WIFE shall not be entitled to make any other claims for, and expressly waives """-'. ..,. ..,--, '. her right to, any support, alimony pendente lite or maintenance from HUSBAND, except that WIFE shall be entitled to any and all arrears which may be due and owing to her as of the date of execution. 19. REPRESENTATION BY COUNSEL. The parties acknowledge that both have sought or have had the opportunity to seek independent legal counsel. The parties further acknowledge that WIFE is represented by C. Doran Vance, Jr., Esquire and HUSBAND is represented by Kathy M. Shughart, Esquire. Both parties have had every opportunity to consult with their own counsel, be advised by them and review in detail the contents ofthis Agreement before its execution. The parties, after consultation with their respective counsel, are satisfied with the distribution of the assets as set forth in this Agreement and that it is fair and equitable.' ,., ...' 20. COUNSEL FEES. Except as provided herein, each party hereby indemnifies and agrees to indemnifY and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise 21. TAX ADVICE. Both parties hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further neither party has been given any tax advice whatsoever by their respective attorneys, Further both parties hereby acknowledge that they ha-ilebeeri ildvised,bythCirrespective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8 22. COUNSEL FEES. Each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise. 23. BANKRUPTCY. It is hereby understood and agreed by and between the parties hereto that HUSBAND's agreement for payments following the date of execution of this Agreement shall not be affected by any bankruptcy proceeding instituted by or against HUSBAND voluntarily or involuntarily, and should not be deemed to constitute or be dischargeable debt of a bankrupt. HUSBAND further warrants that he has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him which have been initiated by others. 24. DIVORCE. Both parties hereby express their agreernent that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers, or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 25. BREACH. 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 of such breach or seek such other remedies as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. FINANCIAL DOCUMENT DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although they have been advised that it is their legal right to have such disclosures prior to entering into this Agreement. By executing this Agreement, the parties hereby acknowledge their satisfaction with the information presently available to them and agree not to use non-disclosure as a basis to 9 overturn this Agreement. 27. EXECUTION OF DOCUMENTS. Both parties hereby agree to execute any documents required to implement this Agreement. 28. ADDITIONAl, INSTRUMENTS. Each ofthe parties shall, from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. SUBSEQUENT RECONCILIATION. The parties agree that the terms ofthis Agreement shall not be effected by their subsequent reconciliation or resumption of marital relations unless the parties otherwise specifically agree in writing. 30. 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. 31. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 32. PARTIAL INVALIDITY. rfany provisions of this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 33. VOI,UNTARY EXECUTION. The parties hereby acknowledge that this Agreement is fair and equitable and that it is entered into freely and voluntarily, and that it is not the result of any duress or undue influence. 34. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECRF.E. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter ofthis Agreement for the purposes of enforcement of any of the provisions thereof. 10 35. APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 36. BINDING EFFECT. Except as otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, executors, or administrators of the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS: e, c C?~z~ David L.~ ACKNOWI,EDGMENT COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBE AND On this, the day of , 2004, before me, the undersigned officer, a Notary blic in and for said County a tate, personally appeared DIANA C. ZOELLER, known to me satisfactorily prove be the person whose name is subscribed to the within instrument, and a owledged e above Marital Settlement Agreement to be her voluntary act and deed. IN WITNESS WHEREOF, I have h // / / II ACKNOWLEDGMENT COMMONWEALTH OF PENNSYL V ANlA COUNTY OF DAUPHIN On this, the day of , 2004, before me, the undersigned officer, a No Public in and for said ty and State, personally appeared DAVID L. ZOELLER, known to e or satisfactori roven to be the person whose name is subscribed to the within instrument, ackno edged the above Marital Settlement Agreement to be his voluntary act and deed. IN WITNESS WHEREOF, I // / 12 DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 01 - 1785 CIVIL DAVID LEE ZOELLER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this .:><-;). /)'IcL day ov4ltlLA~~' 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated July 1, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~udith F, Dolgos Attorney for Plaintiff .J, G ~athy M, Shughart Attorney for Defendant ~~ / ~ ~ r/:J"D drrP ~ ' ' - DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v No: 01.1785 CIVIL TERM DAIVD LEE ZOELLER, Defendant CIVIL ACTION, LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under f, 3301 (c) of the Divorce Code was files on March 27, 200l. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety 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. S 4904 relating to unsworn falsification to authorities. Date: U~ 0 2oo~ (J i:L ( U'------- i-,') ,~.;, -,,- (") DIANA ZOELLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v No: 01-1785 CIVIL TERM DAIVD LEE ZOELLER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER Of' NOTICE Of' INTENTION TO REQUEST ENTRY Of' DIVORCE DECREE UNDER 1; 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 tnat 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.I; 4904 relating to unsworn falsification to authorities. ' , Date: JJ':t / 200</, o .. , ,~, ' - -- v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01 - 1785 CIVIL TERM DIANA ZOELLER, Plaintiff DAVID LEE ZOELLER, Defendant : Civil Action - Law : Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under 330 I (c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service of Complaint on or about April 2, 2001, filed October 4, 2004. 3. (a) Date of execution of the affidavit of consent required by Section , . .,.. "'. ..... ..,._,._. ,_h_." " . . 3301(c) of the Divorce Code: by the Plaintiff on July 1,2004; by the Defendant on July 9, 2004. 4. Related claims pending: All related claims were resolved by the Marital Settlement Agreement dated November 3, 2004. . 5. (b) Date Plaintiffs Waiver of Notice in Section 330I(c) Divorce was filed with the Prothonotary: September 9, 2004. Date Defendant's Waiver of Notice in Section 330I(c) Divorce was filed with the Prothonotary: July 12,2004. / / / ,--.-'---- --- 'k-"'~ '--..1' DATE: November 10, 2004 \...- ~ - ----- ~~~~~~~~T.~T.~T.~T.~~~~~~~~~~~~~~~~~T.~T.~+~~~+~++++~~~~++~++~+~~+~++~++++~+~+~~~++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +:+.;t; ~;+; . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY DIANA ZOELLER, '~~ .'.. AL~ .,' 'r::t~' . 1',/,:-1'::1'1" t; ';,!~~" '>\, ' , ''-;;'l: ~,-" ~ ",.,,_. , '~-":"F:1S>~ .'"'' STATE OF PENNA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No. 01-1785 Civil Term P1ajntiff VERSUS DAVID LEE ZOELLER, Defendant DECREE IN DIVORCE NOW,_~ ~ oj (0 ~ (~A-M. 2004 AND IT IS ORDERED AND DECREED THAT DIANA ZOELLER , PI_AINTIF'F, AND DAVID LEE ZOELLER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDEF~ HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated November 3, 2004 is incorporated but not merged into this Decree. ~. PROTHONOTARY . . . . 'N~;+;~+~~~++++++++++T.++++++++++++++++++++++~++~+++++~++++~++? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7P"7V(7 /}!! e ,A?r?W/,apt/~ JY'Ir-rft' fr% ~r~ ~?!l I?:;7 AJ.? d /,'; 4('1 .* . . - n - ~ ,I, ,. ~;'. DIANA ZOELLER, Plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania vs. No. 01-1785 CivilJ<:WC 2001 DAVID LEE ZOELLER, Defendant IN DIVORCE Please enter my appearance, in the hereinabove-captioned matter, on behalf of the Plaintiff To The Honorable Curt Long Prothonotary 19 October Attorney for Plainti C. Doran Vance, Jr., Esquir Supreme Court I.D, # 40355 tio.~~l\ir,:&"",!l\i;''''''",I",,,,,c..:,,<!>r,K,,,,,y,,;;~~'''10,t>;j;'l:''''''~.'i:j;,'-';.~:'.iiid'''l''!""ti-':ir,"ioji,-e;"":,,~\;,r;,;'i1~-!_\i""';~.~~,,,1'6"'~r<ii.......i~-,^tii~jfM_'>iIi..-'~~~~i>i<~"lij~~~~ OF 1:~~-~9:g~&~OT!?'i *"'10\ nr'T ? I LUU1 t,r--J: b" ~"'_ 1 ~ ''':,. .") ;'\ l"l'~ ,..P f",V ", No. 01-1785 Tenn, W<:..1.Q.Q.L DIANA ZOELLER, Plaintiff vs. DAVID LEE ZOELLER, Defendant PRAECIPE Filed 19 October W 2004 C. DORAN VANCE, JR. , Atty. Supreme Court I.D. # 40355, For the Plaintiff ~4 ~ C. Doran Vance, Jr., Esquire 1917 Grist Mill Circle Hershey, PA 17033-8924 (717) (433-8238) ~