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HomeMy WebLinkAbout01-3321KATHLEEN K. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. DONALD R. ZIMMERMAN, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the 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 fights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 1-800-990-9108 NOTICIA Lc han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una aparicncia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado qu¢ si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier quej a o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 1-800-990-9108 KATHLEEN IC ZIMMER_MAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. ' DONALD R. ZIMMER.MAN, : Defendant : IN DIVORCE COMPLAINT IN DIVORCE COUNT ! DIVORCE AND NOW comes the above Plaintiff, Kathleen K. Zimmerman, by her attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Kathleen K. Zimmerman, is an adult individual who resides at 1007 Baythome Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Donald R. Zimmerman, is an adult individual who resides at Fox Chase Drive, Apartment 3846B, Dover, York County, Pennsylvania 17315. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 30, 1999, in Camp Hill, Cumberland County, Pennsylvania. 5. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(a)(6). Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. B. Section 3301 (c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file such an Affidavit. C. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on November 23, 2000. 7. There have been no prior actions in divorce between the parties. 8. Plaintiffhas been advised of the availability of counseling and that Plaintiffmay have the right to request the parties to participate in counseling. 9. The parties have entered into an agreement which governs their rights and duties under the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. I'alse statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn fidsific:ttion ~o authorities. Kathleen K. Zfifi'merman, Plaintiff By: t._.~. _ 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff KA'I-III.F. EN K. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS I'laintiff : CUMBERLAND COUNTY, PENNS~ I.A' ANI.. : CIVIL ACTION - LAW NO. 01-3321 D()NAI-D R. ZIMMI!RMAN, : Defendant : IN DIVORCE ACCEPTANCE OF SERVICE_ 1. Su/:mnc II. th'icst, Esquire, do hereby accept service of the tree and correct copy of thc ('omplaint in Dixorcc on behalf of mY client, Donald R. Zimmerman, the Defendant in the abox.¢ Respectfully submitted, GRIEST. I-lIMES, HERROLD, SCI-IAU MANN LLP York, PA 17402 (717) 846-8856 Attorney for Defendant Date:. _ b/~t0L.-- KATHLEEN K. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. i : NO. 01-3321 CIVIL TERM DONALD R. ZIMMERMAN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 3 I, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora 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 lit Pa.C.S.A. §4904 relating to unsworn falsification to authorities. So Sec yNo. )%- KATHLEEN K. ZIMMERMAN, : llq THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 01-3321 CIVIL TERM DONALD R. ZIMMERMAN, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE !. 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 ill 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.A. §4904 relating to unsworn falsification to authorities. Da,e: DONALD R. ZIlVII~RMAN, Defendant KATHLEEN K. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 01-3321 CIVIL TERM DONALD R. ZIMMERMAN, : Defendant : IN DIVORCE AFFIDAVIT OF CONSENT i. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 31, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce at, er service of notice of intention to request entry of the decree. I veri~ 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.A. §4904 relating to unsworn falsification to authorities. ' -' · - KATHLEEN K. Z~I~IMERMA~, Plaintiff KATHLEEN K. ZIMMERMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 01-3321 CIVIL TERM DONALD R. ZIMMERMAN, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301fCI OF THE DIVORCE CODE 1. I consent to the ento' ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers 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 veri~ 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.A. §4904 relating to unswom falsification to authorities. Date: ay: Plaintiff KATHLEEN K. ZIMMERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : : NO. 01-3321 DONALD R. ZIMMERMAN, : Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: June 8, 2001 Attorney for Defendant executed an Acceptance of Service which was filed with this court on June 14, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit ofconsent required by §3301(c) of the Divorce Code: by Plaintiff: February 6, 2002; by Defendant: January 30, 2002. (b)(l) Date ofexecution ofthe affidavit required by §3301 (d) ofthe Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: None $. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 19, 2002 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 19, 2002 //Kathleen Carey--6aiey,X~q~- · tAttoroeyNo. 30078 :'~ 1029 Scenery Drive '~-~ ,.," Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff AGREEMENT BETWEEN KATHLEEN K. ZIMMERMAN AND DONALD R. ZIMMERMAN Kathleen Carey Daley, Esquire Donald R. Zimmerman Counsel for Wife Pro Se TABLE OF CONTENTS SECTION I: Introduction .................................................................. 3 SECTION II: General Provisions ............................................................. 4 SECTION III: Alimony, Alimony Pandente Lite and Custody Provisions ............................. 10 SECTION IV: Property Distribution Provisions ................................................. 11 SECTION V: Closing Provisions and Execution ................................................ 14 SECTION ! INTRODUCTION between Kathleen K. Zimmerman ("Wife") and Donald R. Zimmerman ~sband"). WITNESSETH: WHEREAS, Kathleen K. Zimmerman, Social Security Number 225-66-6951, was born on January 30, 1964, and currently resides at 1007 Baythome Drive, Mechanicsburg, Pennsylvania 17050. WHEREAS, Donald R. Zimmerman, Social Security Number 176-64-6494, was born on August 12, 1966, and currently resides at 3339 Honeyrun Drive, York, Pennsylvania 17404. WHEREAS, the parties hereto are Husband and Wife, having been married on October 30, 1999, in Camp Hill, Cumberland County, Pennsylvania. WHEREAS, the parties have one minor child, to wit: Russell Lee Zimmerman, DOB 04/11/00. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of roai and personal property, the equitable distribution of such property; the settling ofall matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and ail claims and possible claims by one against the other or against their respective estates. WHEREAS, the parties executed a Pre-nuptiai Agreement dated October 26, 1999, which set forth their right, duties and responsibilities in the event ora separation and divorce. The terms contained in this Agreement shall be in full satisfaction of all obligations either party owes to the other, pursuant to the laws ofthe Conu'nonweaith of Pennsylvania regarding domestic matters and/or the provisions provided in this Pre-nuptial Agreement. 3 NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of §3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless othenvise specifically provided herein, this Agreement shall continue in full force and effect a.~er such time as a final decree in divorce may be entered with respect to the panics. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This Agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. $. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Kathleen Carey Daley, Esquire. Husband acknowledges that he has the fight to be represented by an attorney in this matter, but has chosen to proceed without the advice or assistance of legal counsel. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution ofthis Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party premises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore flied joint federal and state tax retums. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either ofthem, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as ifthey were unmarried. Each may, for his or her separate usc or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges thc other and the estate of the other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any otherj urisdiction, and the Pre-nuptial Agreement executed by the parties on October 26, 1999, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate ~om any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry cfa divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means ofdiscovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 11. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both par~ies and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions ofthis Agreement by one ofthe parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including § 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 8 17. 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 right of such party hereafter to enforce the same, nor shall the waiver ofany breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any prevision hereof be construed as a waiver of strict performance of any other obligations herein. 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or prevision ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions' precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Kathleen K. Zimmerman, 1007 Baythorne Drive, Mechanicsburg, Pennsylvania 17050, or counsel for Kathlecn K. Zimmerman, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, mturu receipt requested, to Donald R. Zimmerman, 3339 Honeyrun Drive, York, Pennsylvania 17404, or counsel for Donald R. Zimmerman, or such other address as Husband from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 9 SECTION III ALIMONY AND ALIMONY PENDENTE LITE AND CUSTODY PROVISIONS 1. ALIMONY AND ALIMONY PENDENTE LITE The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and arc accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendante lite or alimony. 2. CUSTODY Wife, Kathleen K. Zimmerman, shall have sole physical and legal custody of the child, Russell Lee Zirnmerman, DOB April 11, 2000. It is anticipated that this child will continue to reside with his mother on a full-time basis and that he shall be afforded periods of visitation with his father, Donald R. Zimmerman, at such times and under such circumstances as the parties can mutually agree. 10 SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other 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 of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. PRE-NUPTIAL AGREEMENT A. On October 2(~, 1999, prior to their marriage, the parties executed an Agreement which addressed the limitation of economic remedies in the event that their marriage were to end by death or divorce. B. At that time, the assets ofKathleen L. I~ohlhaas, n/Wa I~athleen K. Zimmerman, were listed along with the outstanding liabilities. Those were attached to the Agreement and marked as Exhibit "A." That schedule is attached hereto and marked as Exhibit "A." C. The assets and liabilities of Donald P~. Zimmerman were also detailed and attached to that Agreement as Exhibit "B." That document is attached hereto as Exhibit "B." D. The parties have agreed in full and final satisfaction of any and all claims of any nature, that the items detailed on Exhibit "B" shall remain Husband's property, free of any claim of Wife. It is recognized that some ofthese assets have been sold and the schedule ofdebt as provided of Exhibit"B" is no longer accurate. The parties also agree that all ofthe assets listed on Exhibit "A" shall be the sole and separate property of Wife free from any claim of Husband. E. Since the time the parties were married, there has been an appreciation in the value of certain non-marital assets that may have been considered to be marital property under the terms of this Agreement. There have also been the transfers ofcertain assets from non-marital propertyinto 11 marital property, to wit: the home located in Hampden Township, Pennsylvania, the unimproved building lot located in Dauphin County, Pennsylvania, etc. Other assets have also been acquired by the parties. The parties agree to the following: 1.) The home located at 1007 Baythorne Drive, Hampden Square, Mechanicsburg, Pennsylvania 17050, shall be the sole and separate property of Wife. Husband agrees to execute a deed or any other document of conveyancing provided by Wife to transfer all fight, title and interest in this property to her. 2.) The unimproved building lot located in Fishing Creek Valley, Dauphin County, Pennsylvania, and identified as Lynden Lane, Lot 27, shall be the sole and separate property of Wife, free from any claim of Husband. Husband agrees to execute a deed or any other instrument of conveyancing necessary to effectuate this transfer. This property is identified as property ID No. 43 011 109. 3.) The parties acquired two motor vehicles during the course of their marriage, which included a 2000 Land Cruiser, which is the vehicle used by Wife. She shall retain sole and separate ownership of this assets, free from any claim of any nature from Husband. She shall be solely responsible for any liability related to this vehicle. The parties also purchased a 2000 Ford truck, which was used by Husband. There was no debt on this vehicle and the parties agree that all right, title and interest in this vehicle shall be Husband's sole property. It is acknowledged that this truck has been traded in by Husband for a new vehicle since separation and Wife releases any claim ofany nature that she may have to this or any vehicle in Husband's possession. 4.) Wife shall also remain the sole owner of any investments which are titled in her name and which include, but are not limited to, the following accounts: (a) The Royce Funds (b) Invesco Funds (c) Janus Funds (d) Charles Schwab IRA (e) Strategic Asset Management with L.P.L. Financial Services 12 (f) Members First Federal Credit Union savings and share accounts (g) Paine Webber Investment Account (h) Paine Webber Mutual Funds (i) American Skandia (j) Wasatch Funds 5.) Husband shall receive the sum of $75,000 in full satisfaction of any claim of any nature he has to any ofthe assets owned by Wife which are specifically enumerated herein as well as any assets which may have been inadvertently omitted from this listing. Husband acknowledges that he is receiving these sums in satisfaction of his claims under the provisions of the Divorce Code of 1980, as amended, and under the provisions of the Pre-nuptial Agreement that was executed by the parties on October 26, 1999, and that no further claim of any nature shall be made now or in the future of Wife related to the marital relationship. 6.) Any other asset not specifically distributed herein shall remain the property of the title holder, or if the property is not titled, of the party now in possession of the property. WAIVER OF PAYMENT OF LEGAL FEES Each par~y hereby agrees to be responsible for any legal fees incurred on their behalf. 4. AFTER-ACOUIRED PROPERTY Each of the parties shall herea~er 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 acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 5. DEBTS The parties have divided their financial obligations to their mutual satisfaction. Wife shall indemnify Husband from any obligations in her name including the mortgage on the marital home and the loan on her vehicle. Husband shall indemnify and hold Wife harmless from any and all liability in his name including any vehicle loans or credit card accounts that he may have accumulated prior to or after separation including any accounts in joint names used by Husband. 13 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. 14 IN THE COURT Of COMMON PLEAS OFCUMBERLAND COUNTY STATE Of ~~ PENNA. NO. 01 -3321 Kathleen K. Zimmerman VERSUS Donal~ R. Zimmerman DECREE IN DIVORCE AND NOW, mm' ~ 'j'~:'J~ .~m~ IS ORDERED AND DECREED THAT Kathleen K. ~.±mmerman , PLAINTIFF, AND Donald R. Zimmerman , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. The ter1~ of the Marriage Settlement Agreement dated Fehm,~y 6, 2002 are incoxl0orated herein. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER hAS NOT YEt BEEN ENTERED; None BY The COUR,T/;-;.:Jl,f ',.~. ¥ .,&" .. /'/ A~rE~ J. t~~I~ PROTHONOTARY