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HomeMy WebLinkAbout01-31521N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY P. ZIMMERMAN, Plaintiff HOLLY LYNN ZIMMER_MAN, Defendant CIVIL ACTION - LAW NO. 2001- 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, I Courthouse Square, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY P. ZIMMERMAN, Plaintiff HOLLY LYNN ZIMMERMAN, Defendant CIVIL ACTION - LAW NO. 2001- ~37~',a- 1N DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Wesley P. Zimmerman, by and through his attorneys, Richard L. Webber, Jr. and the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiffis Wesley P. Zimmerman, who currently resides at 139 Pine Knob Road, Upper Mifflin Township, Cumberland County, Pennsylvania 17241, since on or about April 9, 1998. 2. The Defendant is Holly Lynn Zimmerman, who currently resides at 139 Pine Knob Road, Upper Mifflin Township, Cumberland County, Pennsylvania 17241, since April 9, 1998. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for aperiod of more than six (6) months immediately preceding the filing of this Complaint in Divome. 4. The parties were married on September 28, 2000 in Las Vegas, Nevada. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The mamage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant, plus any other appropriate relief. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT BR~h~d~L.~We'~bb~squir~e Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY P. ZIMMERMAN, Plaintiff HOLLY LYNN ZIMMERMAN, Defendant NO. 2001-3152 IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 23, 2001. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 2. The marriage of Plaintiffand 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. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unswom falsification to authorities. Date: q"Z ! 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY P. ZIMMERMAN, Plaintiff HOLLY LYNN ZIMMERMAN, Defendant NO. 2001-3152 IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced tmtil a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ?/~ '~0 / ntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY P. ZIMMERMAN, Plaintiff HOLLY LYNN ZIMMERMAN, Defendant NO. 2001-3152 IN DIVORCE CIVIL TERM AFFIDAVIT OF CONSENT 23,2001. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: q/I-//0 ' 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY P. ZIMMERMAN, Plaintiff HOLLY LYNN ZIMMERMAN, Defendant NO. 2001-3152 1N DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY P. ZIMMERMAN, Plaimiff HOLLY LYNN ZIMMERMAN, Defendant CIVIL ACTION - LAW NO. 2001-3152 CiVIL TERM 1N DIVORCE ACCEPTANCE OF SERVICE I, HOLLY LYNN ZIMMERMAN, the Defendant in the above captioned matter h~reby accept service of the Complaint filed in the above captioned matter. Dated: > 0 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ~ WESLEY P. ZIMMERMAN, hereinafter referred to as "HUSBAND", ZIMMER_MAN, hereinafter referred to as "WIFE". WHEREAS, the parties hereto were married on September 28, 2000; and V~'HEREAS, there was no children born oftfiis mart/age; and WHEREAS, diverse unhappy differences, disputes, and difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and to settle fully and finally their financial and property rights and obligations between each other; and WHEREAS, HUSBAND instituted a divorce action fi/ed to docket number 2001-3152 of the Court of Cormnon Pleas of Cumberland County, Pennsylvania. · 2001, by and between and HOLLY LYNN NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement in their legal effect have been fully explained to the parties by the respective counsel, Richard L. Webber, Jr., Esquire, for HUSBAND. WIFE HAS CONSULTED LEGAL COUNSEL CONCERNING HER RIGHTS UNDER THE PENNSYLVANIA DIVORCE CODE. WIFE HAS NOW CHOSEN TO BE UNREPRESENTED BY COUNSEL, OR HAS RETAINED COUNSEL TO REVIEW THIS AGREEMENT PRIOR TO SIGNING IT. WIFE ACKNOWLEDGES SHE HAS BEENADVISED BYHUSBAND'S COUNSEL THAT HE REPRESENTS ONLY THE HUSBAND IN THIS MATTER AND THAT WIFE SHOULD SEEK LEGAL ADVICE PRIOR TO SIGNING THIS AGREEMENT. The parties acknowledge that each has received independent legal advice from counsel of their selection and they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divome Code of 1980 and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreements. 2. PURPOSES The purposes of This Agreement are to effect a complete and final settlement, between the parties as to their property rights and obligations to support each other. 3. WARRANTY OF FULL DISCLOSURE Each party represents that he or she has fully disclosed to the other party all marital and nonmarital assets, as defined by the Pennsylvania Divome Code. Each relies on the disclosures of the other party in entering into this Agreement. The parties also acknowledge that they have each had an opportunity to value or have appraised any and all property. In the event that it shall be determined that either party has failed to disclose any property subject to distribution pursuant to the laws of Pennsylvania, such failure to disclose shall not nullify, void or cause this Agreement to fail, but the aggrieved party shall have the right for a period of six months from the date of the discovery of the assets to seek a judicial distribution of such omitted property. Should the aggrieved party have negligently failed to discover undisclosed assets, the six months shall begin to accrue at the time a reasonable person would have made a discovery. 4. NO INTERFERENCE It is, and shall be lawful for the parties hereto at all times to live separate and apart from each other and to reside from time to time as such place or places as each of such parties may see fit and to contract, carry on and engage in any employment, business, or trade, which either may deem fit, free from control, restraint, or interference, direct or indirect, by the other in all respects as if such parties were sole and unmarried. Neither party shall in any way molest, disturb, or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other associate, cohabit, or dwell with him or her by any action or proceeding for restoration on conjugal rights or by any means whatsoever. 2 5. BANK ACCOUNTS The parties acknowledge and agree that all money has been divided by the parties satisfactorily and neither party shall make any claim to any such account or money currently in the possession of the other. 6. HOUSEHOLD AND PERSONAL PROPERTY HUSBAND and WIFE have previously agreed upon distribution of all items of personal property. WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND, and HUSBAND agrees that all property in possession of WIFE shall be the sole and separate property of WIFE. Each of the parties does hereby specifically waive, release and renounce any further cla/ms with respect to the above items. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in any personal property from each to the other. 7. AUTOMOBILES HUSBAND shall retain the 2001 CBR 600 motorcycle and the 1986 Toyota Track. WIFE shall retain the 2000 Subaru. The parties shall fully cooperate in signing any automobile transfer and registration forms and insurance forms so that the above distribution can be finalized. HUSBAND shall be solely responsible for the loan encumbering his motorcycle. WIFE shall pay in full or refinance the loan encumbering her vehicle so that HUSBAND is relieved from any liability for it. 8. REAL ESTATE, CASH PAYMENT HUSBAND shall retain the real estate, together with mobile hom~ thereon, located at 139 Pine Knob Road, Newville, PA, 17241, Upper Mifflin Township, Cumberland County, Pennsylvania. HUSBAND shall assume full responsibility and liability for the mortgage encumbering said real estate that is held by Farmers National Bank, and shall indemnify and hold WIFE harmless from any liability thereon. WIFE shall execute a Quitclaim Deed simultaneouly with the execution of this Agreement releasing her interest in the marital real estate. In addition, within 5 days, WIFE shall sign the mobile home title conveying full title to HUSBAND. 9. PENSION, RETIREMENT AND OTHER EMPLOYEE BENEFITS HUSBAND and WIFE do hereby waive any and all rights that each has with respect to the other's pension, retirement, other employee benefits and IRA accounts. 10. MARITAL DEBTS WIFE shall be solely responsible for the Visa credit card and within 30 days hereof shall transfer the account into a new account that is listed only in her name. The part/es agree that as of the signing of this Agreement, they do not possess any other joint credit cards, and each will take the necessary steps to cancel any credit card accounts, if any, which presently exist in joint names. Unless otherwise provided herein, each party assumes the debts, encumbrances, taxes and liens on all assets each will hold subsequent to the date of this Agreement. 11. DEBTS AND OBLIGATIONS WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. HUSBAND represents and warrants to WIFE that, since the separation has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. 12. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, 4 obligations and liabilities. 13. SPOUSAL SUPPORT, ALIMONY PENDENTE, LITE, ALIMONY Each party does hereby waive any and all fights that each has with respect to spousal support, alimony pendente lite and alimony. 14. ATTORNEY FEES, COURT COSTS WIFE shall pay all attorney fees, filing fees and court costs incurred by HUSBAND and herself relating to this Agreement and the divorce proceedings flied to Docket #2001-3152 of the Court of Common Pleas of Cumberland County, Pennsylvania. 15. INSURANCE All current and/or future life insurance policies on either party may be changed and/or amended to delete the other party as beneficiary thereof and each party shall be solely liable for premiums on his or her own policies. 16. EQUITABLE DISTRIBUTION This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the fights of each party. The division of existing marital property is not intended by the parties to constitute in any way sale or exchange of assets. Each party hereby acknowledges that this Agreement adequately provides for his or her needs, that it is in his or her best interest, that the parties have divided their marital property in a manner which conforms to the critefia set forth in Section 3502 of the Divorce Code, 23 Pa.C.S.A. 3502, and that the Agreement is not the result of any fraud or any undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural fights: A. The fight to obtain an inventory and appraisement of all of the marital and separate property as defined by the Pennsylvania Divorce Code. B. The fight to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the court determines to be marital. D. The fight to have the court decide any other fights, remedies, privileges or obligations covered by this Agreement, including but not limited possible claims for divome, spousal support, alimony pendente lite, and counsel fees, costs and expenses. 17. MUTUAL RELEASE HUSBAND and WIFE do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all fights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether ar/sing out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's fights, family exemption or similar allowance or under the intestate laws; or the fight to take against the spouse's will; or the fight to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and W/FE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all pwperty of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all fights and agreements and obligations of whatsoever nature ar/sing or which may afise under this Agreement or for the breach of any provision thereof. 18. MUTUAL COOPERATION HUSBAND and WIFE shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to the signing 6 of any documents that may be reasonably necessary to give full fome and effect to the provisions of this Agreement. 19. TAX CONSEQUENCES By this agreement, the parties have intended to effectuate and by this agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right andjust standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 20. TAX RETURNS AND AUDITS HUSBAND and WIFE represent that all federal, state and local tax returns required to be filed by HUSBAND and WIFE have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. HUSBAND and WIFE further represent there are no tax deficiencies proposed or assessed against HUSBAND and/or WIFE for such periods, and neither HUSBAND nor WIFE executed any waiver &the Statute of Limitations on the assessment or collection of any tax for such periods. 21. TAXES FOR YEAR OF DIVORCE HUSBAND agrees to be liable and obligated and shall timely pay and hold WIFE and her property harmless from any liability of HUSBAND for federal income tax (including penalties and interest) as shown on his separate United States individual income tax return for the tax year of 2001. WIFE agrees to be liable and obligated and shall timely pay and hold HUSBAND and his property harmless from any liability of WIFE for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return for the tax year 2001. HUSBAND and WIFE shall file separate tax returns for the 2001 tax year, and shall equally divide any refund thereon. 22. PRESERVATION OF RECORDS 7 Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 23. BANKRUPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 24. AGREEMENT BINDING ON HEIRS This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 25. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT The Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party underwais~t into this Agreement, and the terms of this Paragraph freely, voluntarily and with full knowledge and understanding. This Agreement is not predicated on divorce, and is not made subject to any agreement for the prosecution or non-prosection of a divorce action. 26. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the fight of such party hereaRer to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 27. 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 for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and cost incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 28. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken fi.om this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 30. ENTRY AS PART OF DECREE It is the intention of the parties that this Agreement shall survive any action for divorce which was instituted or prosecuted by WIFE and no order, judgment or decree of divome, temporary, inter- locutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any such judgment or decree of final divorce. 31. SUBSEQUENT DIVORCE The parties acknowledge that HUSBAND instituted an action for divorce under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND agrees to pursue without delay preparing and executing the necessary documents to file for the entry of a Final Decree under Section 3301(c). WIFE consents to the entry of said Decree and will execute and deliver to HUSBAND'S attorney any and all other instruments necessary to accomplish the entry of said Decree. WIFE and HUSBAND acknowledge that the marriage is irretrievably broken. 32. 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. 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 the strict performance of any of the provisions ofth/s Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 33. EFFECTIVE DATE This Agreement shall be effective on the date above first written if both parties sign on the same date; otherwise, it shall become effective upon the signing by the last party to do so. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is e~ed in duplicate, and in counterpartsl HUSBAND and WIFE . ge the receipt o.f~ duly executed copy l~reo~. // .-~ 10 ACKNOWLEDGEMENTS STATE OF PENNSYLVANIA COUNTY' OF CUMBERLAND : SS : On this ~5) dayof a~p~e~ed~WE ,2001, before me a Notary Public, the undersigned officer, personally ~. SLEY P. ZIMMERMAN, known to me (or satisfactorily proven) to be the person whose name is subscr/bed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. M .Y Commission Expires duty 18, 2001 Me~'~er, PO~sy~van/a Association of No~aries WITNESS my hand and official seal, the day and year aforesaid. STATE OF PENNSYLVANIA : · SS COUNTY OF CUMBERLAND.' On this ..fi~ . dayof ////t 5~ .2001, before me a Notary Public, the undersigned officer, personally appeared HOLLY LYNN ZIMMERMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. WITNESS my hand and official seal, the day and year aforesaid. 1! wESLEY P. ZIMMERMAN, Plaintiff VS, HOLLY LYNN ZIMMERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3152 CIVIL k~ 2001 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, for entry of a divorce decree: to the court Ground for divorce: irretrievable breakdown under Section (~l(c)) (1) of the Divorce Code. (Strike out inapplicable section.) Date and manner of service of the complaint: of se_rvice. (Complete either paragraph (a) or (b) .) 5/30/01 by Ao~ptane~ (a) Date of execution of the affidavit of consent required by Section t~1(c) of the Divorce Code: by the plaintiff 9/2/01 ; by defendant 9/4/01 (b) (i) Date of execution of the plaintiff's affidavit required by Section ~-(d) of the Divorce Code: ; (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section ~ (d)(I)(i) of the Divorce Code. ~ -/l (Plain~if~f Attorney for ' ~"t//!~' Richard L. Webber, Jr. IN THE COURT OF OF CUMBERLAND STATE OF WESLEY P. Z~, Plaintif~ COMMON PLEAS COUNTY PENNA. N o.....20.o.~ ............. 3152 .......Y~ decreed that ...~Y?.]'.e.Y, .v:, .g~ ............................ plaintiff, and ....~o.~.ly..~ .,.v~...~, ................................ , defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The Marital Settlement Agreement dated May 30, .2.0.0.1..i.s, .i..nq.o..r~q..r.a.t..ed. by reference herein but does not merge with this Decree. / ,~lt:-~iJ'l vVI/''' '% / ' ' // Prothonotary DECREE IN (~(~~' DIVORCEol_ ~ AND NOW~.'~....~..~...'~......~. ....... ,iJl~..2 01, ' 's ordered and