HomeMy WebLinkAbout01-5011
LORI DAWN ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
VS.
CIVIL ACTION - LAW
NO. 2001- SOl J CIVIL TERM
MICHAEL ERIC 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
will proceed without you and a decree in divorce or annulment may 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 or 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 at the First Floor, Cumberland County Courthouse, South Hanover Street,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
LORI DAWN ZIMMERMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
NO. 2001-,50 I \ CIVIL
MICHAEL ERIC ZIMMERMAN,:
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (D) OF THE
DIVORCE CODE
AND NOW comes Lori Dawn Zimmerman, plaintiff herein, by and through her attorney,
Jacqueline M, Verney, Esquire, and represents the following:
I, Plaintiff is Lori Dawn Zimmerman, an adult individual, currently residing at 607 North
Hanover Street, Carlisle, Cumberland County, Pennsylvania,
2, Defendant is Michael Eric Zimmerman, an adult individual, currently residing at 150 Virginia
Avenue, Carlisle, Cumberland County, Pennsylvania,
3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months immediately previous to the filing of this complaint.
4, Plaintiff and Defendant were married on January I, 1994 in Carlisle, Pennsylvania,
5, There have been no prior actions for divorce or annulment between the parties,
6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
Having been so advised Plaintiff does not desire the Court to order counseling.
7. This marriage is irretrievably broken.
WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce.
Respectfully submitted,
g l::; 7/0 (
~~-.~ !h. tlL_~-
. ac eline M. Verney, Esquire
Supreme Ct. ID. 23167
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in the foregoing divorce complaint are true and correct.
I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
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LAW OFFICE OF
Jacqueline M. Verney
44 S. HANOVER ST. . CARLISLE, PA 1701 l . (717) 243-9190 . FAX (717) 243-3518
LORI DAWN ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
: NO. 2001 - 5011 CIVIL TERM
MICHAEL ER]C Z]MMERMAN,:
Defendant : IN DIVORCE
AFFIDAVIT OF SERVICE BY MA]L PURSUANT TO Pa. R.c.P. ]930.4 (c)
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
I, Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and
says that she is the attorney for plaintiff, Lori Dawn Zimmerman, and that she did serve a
true and correct copy of the divorce Complaint that was filed in the above matter, by U.S.
mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the
defendant, Michael Eric Zimmerman, on September 4, 2001. The receipt form is attached
hereto as EXHIBIT "A", , /
)/;/. t~,
acq line M. Verney, Esquire #2f167
44 S. Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for Plaintiff
KATHl.EEN NOTARIAL SfAL
CarljSI8~r:=:li:
My Comllllsaion flip/lIS Dec. 22.
Sworn to and subscribed before me this 7 -;:JL day of ~, 2001.
Public
. Complete Items 1. 2. and 3. Also complete
Item 4 W Restricted Dellvary is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mallpleca.
or on the front If space permits.
1. Article Addressed to:
AuJ.A-f.-1 Zte"- Zav'M UCJIA/l.-r-J
I~o Ihl<.blill/4- ;1v~.
C/J-rt--L< 5 L t, I A- 1]0 I .3
2. Article Number (Copy from service label)
'7 () '1r ,p.~O 00/1
PS Fonn 3811. July 1999
i
,
i.
Yes
O{)97
{,,2 'I~
Domestic Return Receipt
102595-00-M-0952
EXHIBIT "A"
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COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 2001- 5211 Civil Term
JOSEPH JENSEN, JR. : APPEAL FROM DRIVER'S
: LICENSE RECALL
MOTION TO TAKE
TESTIMONY BY TELEPHONE
AND NOW, comes Joseph Jensen Jr., by and through his counsel, Saidis,
Shuff, Flower & Lindsay and moves this Honorable Court as follows:
1. Movant, Joseph Jensen, Jr., has filed an appeal of the recall of his
driver's license. A copy of his Petition for Appeal is attached hereto as Exhibit "A".
2. Movant has also filed a Petition for Supersedeas.
3. The supersedeas Petition is scheduled for hearing on September 24,
2001. The basis for the recall of Movant's driver's license is the opinion of his family
doctor which is based, in large part, on a mini-mental status exam performed by
William A. Landis, M.D. and provided to Movant's family doctor.
4. Dr. Landis has performed a subsequent mini-mental examination on
August 29,2001, a copy of which is attached hereto as Exhibit "B".
5. Movant seeks to take Dr. Landis' testimony by telephone at the
S~~WER supersedeas hearing on September 24, 2001 as to the results of the mini-mental
& UNDSAY
26 W. High Street
Carlisle. PA
ATI'ORNEl'S'AT'LAW status examination.
6.
On December 3, 2001, the hearing on the appeal is scheduled for 1 :30
p.m. By the time of that hearing, Movant will have been able to have a neurological
examination to submit as evidence.
SAlOIS
SHUFF, FLOWER
& LINDSAY
ATroRNEfSI'ATIf.AW
26 W. High Street
Carlisle. PA
7. Movant seeks from this Honorable Court leave to take the testimony of
William A. Landis, M.D. by telephone for the purpose of introducing the results of the
August 29, 2001 mini-mental status examination of Movant.
WHEREFORE, Movant prays this Honorable Court to permit the introduction
of the mini-mental status examination into evidence at the September 24, 2001
supersedeas hearing by taking the testimony of William A. Landis, M.D. by
telephone.
SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Defendant
By:
SAlOIS
SHUFF, FLOWER
& UNDSAY
ATI'ORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2001- 5211 Civil Term
JOSEPH JENSEN, JR.
: APPEAL FROM DRIVER'S
: LICENSE RECALL
2001,
CERTIFICATE OF SERVICE
AND "=. th;, /3- day of ~_ .
I, Carol J. Lindsay, Esquire, of the law firm of SAI IS, SHUFF, FLOWER &
LINDSAY,
Attorneys, hereby certify that I served the within Motion to Take Testimony by
Telephone this day by depositing same in the United States Mail, First Class, Postage
Prepaid, in Carlisle, Pennsylvania, addressed to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Defendant
By:
C 01 . Lindsay, Esquire
I 693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SEp 0
? 200/
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JOSEPH JENSEN, JR.
NO. 01-5211 CIVIL TERM
ORDER OF COURT
AND NOW, this 5th day of September, 2001, upon consideration of the Petition
for Appeal from the Order of the Director of the Bureau of Driver Licensing Recalling
Operating Privileges, a hearing is scheduled for Monday, December 3,2001, at 1:30 p.m.,
in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
George Kabusk, Esq.
Assistant Counsel
Department of Transportation
3rd Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for PennDot
101 J. Lindsay, Esq.
6 West High Street
Carlisle, PA 17013
Attorney for Petitioner
:rc
rRUE COpy FROM R""''''''nDD
In or "'f. t ,. ~i:::....?_.."
f e:. Imml)' Wh6:'"ec1~, J here unto sat n1}' hJnd
an~ th~..al of said Cou at Carlisle, Pa.
Thl ~ ~ day of
.:brtJ (
~1A2.#>J~;/
9/5'/01 ~
r_
-' .
SAIDIS
HUFF, FLOWER
& LINDSAY
A'f'TDRNE'YS;AT-LAW
26 w. Hish SIreet
Carlisle. PA
------....-------
COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYVLANIA
v. :NO. 2001-_
JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S
:LICENSE RECALL
PETITION FOR APPEAL FROM THE ORDER OF THE DIRECTOR
OF THE BUREAU OF DRIVER LICENSING RECALLING OPERATING PRrvILEGES
AND NOW, comes Joseph Jensen Jr., by and through his
counsel, Saidis, Shuff, Flower & Lindsay and states as follows:
1. Petitioner is Joseph Jensen, Jr., who resides at 1310
Georgetown Circle, Carlisle, Cumberland County, Pennsylvania
17013 .
2. Petitioner is duly licensed to operate a motor vehicle
in the Commonwealth of Pennsylvania, Operator License Number
13005576.
3. On August 8, 2001, the Director of the Bureau of Driver
Licensing, Pennsylvania Department of Transportation, recalled
Petitioner's operating privileges effective September 12, 2001
under the authority of ~1519 of the Motor Vehicle Code.
4. The Order of the Director of the Bureau of Driver
Licensing is illegal, arbitrary, unreasonable, and an abuse of
discretion and contrary to the law.
WHEREFORE, Petitioner respectfully prays this Honorable
Court to allow the appeal and to schedule a hearing de novo to
determine whether Petitioner is subject to recall of operating
privileges and at the conclusion of the hearing to vacate the
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SAIDIS
HUFF. FLOWER
& UNDSAY
."~"'N.AW
26 w. HllIt Street
Carilll.. PA
Order of the Director of the Bureau of Driver Licensing and to
sustain the appeal.
Respectfully submitted,
, Esq.
itioner
SAlOIS
;HUFF, FLOWER
& LINDSAY
~^T-u.W
26 W. Hich 5.....
CarlW., PA
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ss
I verify that the statements made in this Appeal 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.
DATED: f:JJ./ )t:P/
SAIDIS
iUFF, FLOWER
& UNDSAY
.\~AN.AW
Z6 W. Hich 5....'
Carlisle, PA
COMMONWEALTH OF PENNSYLVANIA :IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYVLANIA
v. :NO. 2001-_
JOSEPH JENSEN, JR. :APPEAL FROM DRIVER'S
:LICENSE RECALL
CERTIFICATE OF SERVICE
On this 1 day of ~0.",.1>tv , 2001, I,
hereby certify that I served a t / and correct copy of the
Appeal via United States Mail, postage prepaid, as follows:
Pennsylvania Department of Transportation
Office of Chief Counsel
Third Floor, Riverfront Office Center
Harrisburg, PA 17104
SAIDIS, SHUFF FLOWER & LINDSAY
By:
/
SAIDIS, UFF, FLOWER & LINDSAY
26 W. High Street
Carlisle, PA 17013
SERVED VIA CERTIFIED MAIL ARTICLE NO. 7099-3400-0018-5047-8025
~c~-~!-~~~l lb:~~
P.02
JENSEN, JOSEPH
8/29/01 OFFICE VISIT
IDENTIFYING DATA: 85-year-old male who is the father of Emergency Room
physician. Lynn Jensen. Mr. Jensen is presenting today for re-evaluation of his neurologic status
since he was seen by a physician in the Carlisle area (Dr. Terry A. Robison) and was
recommended to the State Department of Motor Vehic:1es to have his driver's license revoked.
Mr. Jensen wants to appeal this. By way of details recall that Mr. Jensen did have a motor
vehic:1e accident which was a nonmoving accident and he failed to report this properly and was
tracked down by the police. I believe this happened about one year ago in April 2000. Since
that time we had done a mini mental status exam on him and I believe he scored a 22/30 on that
exam. To the best of my knowledge, no exam has been repeated since that time.
The patient did have MRI scanning and multiple studies inc:1uding chest x-ray and
bloodwork, all of which have been nondiagnostic.
The patient also has had treatment with Aricept which he is taking daily at this time.
The patient's wife says as far as driving goes that she does the navigating and the patient
only drives in familiar surroundings and he has no trouble functioning with this level.
Additionally she says that he drove ten hours to the Carolina's recently without incident. Both
the patient's wife and his son who is an Emergency Room physician feel the patient's driving
function is safe and I was able to discuss this with them in private without the patient present.
PAST MEDICAL mSTORY:
1. Prostate cancer 1998.
2. Gallbladder surgery 1994.
3. Glaucoma
CURRENT MEDICATIONS:
1. Xalatan eye drops
2. Aricept
3. Theophylline when needed
HEENf:
PHYSICAL EXAMINATION:
VITAL SIGNS: Weight 160 lbs, BP 180/80, T 96.3 degrees. Pulse regular.
GENERAL: Well-developed, well-nourished male. He is very affable and
easy to deal with.
NormocephaJic, atraumatic cranium. Eyes - PERRLA. EOM-I.
Sclera and conjunctiva within normal limits. Muscles of facial
expression are symmetrical. Tongue and uvula are midline.
Supple. No carotid bruits present. Thyroid is normal.
Clear to auscultation and percussion.
RRR. No significant murmurs, rubs or gallops.
Benign.
Not performed.
NECK:
CHEST:
CARDIAC:
ABDOMEN:
GUR:
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JENSEN, JOSEPH
8/2912001 OFFICE VISIT
EXTREMITIES:
NEUROLOGIC:
P.03
PAGE TWO
No cyanosis, clubbing or edema.
The patient is alert and oriented times three. Cranial nerves are
intact. Deep tendon reflexes are normal. Motor strength and
function is intact. There is no evidence of cerebellar
dysfunction. No ataxia instability. Rapid hand movements are
fme. Mood and affect are appropriate. Mini mental status exam
was applied and the patient scored 27/30 with the following:
Mini mental status exam was 26/30. Specifically in orientation
he scored 9/10, identifying the year as 1991 rather than 2001.
Immediate recall of the words bag, ball, flag and tree were 3/3 at
one trial. Attention and calculation, he scored 3/5 counting
backwards but 5/5 at spelling backwards so he gets the full score
for that. Recall was 0 3 objects at five minutes. Language he
scored a complete perfect 9/9. Following directions and copying
were excellent.
lMPRESSIONIPLAN :
1. Memory impairment:
a. Probably early dementing illness.
b. Patient appears to be satisfactory risk for driving and is going to appeal his drivers
license. I encouraged him to seek a neurology consult and to work through an
attomey. Also encouraged him to take the Driver's course at the Rehab Hospital for
an unbiased opinion.
W Allmezldisk
Enclosure
CC: Lynn Jensen, M.D.
Emergency Departmen:t
Attorney Carol Lindsey
717-243-6486 (fax)
717-243-6222
William A. Landis, M.D.
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LORI DAWN ZIMMERMAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
: NO, 2001- So , I CIVIL TERM
: IN DIVORCE
MICHAEL ERIC ZIMMERMAN,
Defendant
MARITAL SETTLEMENT AGREEMENT
THIS MARITAL
0,JN -
(hereinafter
MARITAL SETTLEMENT AGREEMENT
SETTLEMENT AGREEMENT is being made this /O~day of
, 2001, by and between LORI DAWN ZIMME~
"WIFE") and MICHAEL ERIC ZIMME~ (hereinafter
"HUSBAND" ) .
WHEREAS, the parties hereto are Husband and Wife, having
been married January 1, 1994, in Carlisle, PA; and
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WHEREAS, one child, namely, ZACHARY RYAN ZIMME~, born to
'9
on January.2'O"; 1992, has been adopted by Husband; and
WHEREAS, certain differences have arisen between the parties
and, as a consequence, they have agreed to live separate and
apart from each other; and
WHEREAS, the parties wish to set forth certain covenants and
understandings regarding their separation, the custody and
support of their child, and their respective property rights.
NOW THEREFORE, in consideration of the mutual promises and
undertakings contained herein, the parties hereto, intending to
be legally bound, covenant and agree as follows:
1. VOLUNTARY AGREEMENT: It is acknowledged by the parties
that this Marital Settlement Agreement is entered into
voluntarily and after due deliberation by each of them. Both
parties acknowledge that they have had the opportunity to seek
and obtain independent legal advice from counsel. The parties
each certify that they have given due consideration to all
provisions of this Marital Settlement Agreement and understand
such provisions clearly: that the provisions contained in this
Marital Settlement Agreement are in all respects acceptable to
them, being fair, adequate, and reasonable under the
circumstances, and that accordingly, they consent to all the
provisions hereof.
2. SEPARATION AND NON-INTERFERENCE: It shall be lawful
for Husband and Wife at all times hereinafter to live separate
and apart from each other and to reside from time to time at such
place or places as they shall respectively deem fit, free from
any control, restraint, or interference, indirect ,or direct, from
each other. Neither party shall haras.s the other nor compel the
other to cohabit or dwell with him or her by any legal or other
proceedings. The foregoing provisions shall not be taken to be
an admission on the part of either Husband or Wife of the
lawfulness or unlawfulness of the causes leading them to live
apart.
3. DIVORCE ACTION: No action for divorce has been filed
by either party at this time. Notwithstanding, both parties
acknowledge that either party may elect, at any time hereafter,
without consent or prior knowledge of the other party, to file an
action for divorce, for any cause or for no cause. Both parties
acknowledge their intention and agreement to proceed in said
action and to obtain a final decree in divorce by mutual consent
on the grounds that their marriage is irretrievably broken, and
to settle amicably and fully hereby all claims raised by either
party in the divorce action. The parties acknowledge that they
will execute when timely the necessary Affidavits of Consent for
the entry of a final divorce decree in that action.
4. REAL PROPERTY:
a. The parties acknowledge that Husband and Wife are
joint legal owners of a certain house and real property at 607
North Hanover Street, Carlisle, Cumberland County, PA, which was
acquired by them during their marriage and is marital property.
b. Husband hereby agrees to waive any claim to any
interest in the said house and real property, except as may be
expressly provided for in this agreement. Husband further agrees ~
to execute a Deed in favor of Wife upon her request J o.+.I,,,r \.l."!.bq,V\.&l~ ~
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c. Wife agrees to be responsible for and to indemnify
and hold Husband harmless for all rea~ estate tax assessments,
liens, mortgage and/or equity loan indebtedness, or any and all
other obligations related to the house and real estate property
at 607 North Hanover Street, Carlisle, except as expressly
provided below.
d. Husband agrees to continue to make regular and
timely monthly mortgage payments through August 31, 2002, to
which Wife is contributing $450.00 per month. Wife agrees to
refinance the mortgage by August 31, 2002 thereby having
Husband's financial obligation toward the house eliminated.
e. Wife agrees to make all subsequent mortgage
payments, beginning September 1, 2002,and continuing through the
full amortization of the mortgage loan.
f. In the event that Wife fails, during any given
month, to meet her obligation to maintain timely monthly mortgage
payments, Husband may elect, at his option, to make said payment
on behalf of Wife. Any such payment made by Husband in lieu of
Wife's responsibility will be considered a loan by Husband to
Wife, and will be considered delinquent unless fully repaid
within 30 days.
g. In the event that Wife becomes delinquent in her
obligation to repay Husband for any THREE mortgage payments, Wife
agrees to list said property with a licensed realtor, and to
cooperate fully with Husband and said realtor in the public sale
of said property. Wife further agrees that the first proceeds
from the subsequent sale of said property will be used to repay
any and all delinquent amounts owed by Wife to Husband under this
agreement.
h. The parties acknowledg~ that they own no other
real property either jointly or individually.
5.PERSONAL PROPERTY:
The parties acknowledge that there has been distribution
between them of their items of personal, tangible and intangible
property, including their respective motor vehicles, and they
agree that the division thereof is to their mutual satisfaction.
Each of the parties shall hereafter own and enjoy, independently
of any claim or right of the other party, all items of personal,
tangible and intangible property now or hereafter owned or held
by her or him with full power to dispose of the same effectively
and for all purposes as if she or he were unmarried.
6. CUSTODY OF CHILDREN:
a. Wife and Husband hereby covenant and agree that
each party shall share legal custody of their minor child,
ZACHARY RYAN ZIMMERMAN, and that wife shall have primary physical
custody of the child. The parties further agree that physical
custody of said child shall be divided on an amicable basis as
the parties may from time to time agree. Failing an agreement,
Husband shall be entitled, at minimum, to such periods of custody
as follows:
i. Husband shall be entitled to physical custody
with said minor child on alternating weekends beginning at 5:30
p.m. Friday night and extending until 6:00 p.m. Sunday night.
ii. Husband shall be entitled to physical custody
of said child at least one day each week from 5:00 p.m. until
5:00 p.m. the following day. Wife and Husband shall cooperate
with respect to which night is to be utilized and ,each will be
flexible to accommodate each other's work schedule.
iii. Husband shall be entitled to physical custody
from 8:00 a.m. until 9:00 p.m. on alternating holidays of New
Year's Day, Easter Day, Memorial Day, Independence Day, Labor Day
and Thanksgiving Day. Physical custody on holidays as aforesaid
shall alternate on a yearly basis.
iv. Husband shall be entitled to four
uninterrupted weeks of physical custody each and every summer.
Husband shall notify Wife on or before April 15 of the dates and
times on which he chooses to exercise this period of physical
custody.
v. Wife shall be entitled to two uninterrupted
weeks of physical custody each and every summer. Wife shall
notify Husband on or before April 15 of the dates and times on
which she chooses to exercise this period of physical custody.
vi. On Christmas, physical custody of said child
shall be divided with each parent having physical custody for a
minimum of 96 consecutive hours during the child's Christmas
break from school. Physical custody on Christmas Day shall
alternate on a yearly basis.
vii. The parties agree that each shall share
physical custody of the minor child on the child's birthdays.
b.
Husband and Wife agree to cooperate
to the ~?XimU~
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extent possible to allow the other party access to
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when tAg:' Rr~ R9t in the custody of such parent and to undertake
their best effort to serve the best interest of the child in
their parenting.
c. Wife and Husband agree that each s~all have the
authority and ability to sign any and .all documents necessary to
obtain emergency medical treatment for the child. Should either
parent have to sign documents to obtain emergency medical
treatment, that parent hereby agrees to notify the other parent
as soon as practicable as to the child's condition and location.
Wife and Husband each agree to keep the other apprised of their
current address and telephone number.
d. The parties acknowledge that the custody terms set
forth herein shall be incorporated without contest into any
future Stipulation for Custody to be executed subsequently.
7. CHILD SUPPORT:
a. Effective the date of execution of this agreement,
and based upon circumstances existing as of the date of execution
of this agreement, the parties agree that the Husband shall be
required to pay as child support, the sum of FOUR HUNDRED FIFTY
DOLLARS ($450.00) per month, payable in two installments of TWO
HUNDRED TWENTY FIVE ($225.00) each, with one installment being
due on the first day of each month and one installment being due
on the 16th day of each month.
b. The parties agree that the aforesaid support
amount of FOUR HUNDRED FIFTY ($450) per month shall not be
modifiable for a period of three years from the date of execution
of this agreement. Thereafter, said support amounts (including
child care cost payments) shall be modifiable either upward or
downward in accordance with Pennsylvania Law relating to child
support orders. The parties agree that the date for determining
whether a change of circumstances has occurred which would
warrant a modification shall be the date of execution of this
agreement.
c. The parties acknowledge that Wife has the legal
right and ability to seek an Order of Court relating to child
support. Should Wife decide to seek an Order of Court within
three years of the date of execution of this agreement, Wife and
Husband both agree that they shall stipulate that the amount of
support to be entered as an Order of Court shall be the amount of
support set forth in this agreement. If within three years from
the date of execution of this agreement Wife seeks to obtain a
court order to collect support in excess of the amounts set forth
in this agreement, then Wife shall be in breech of this agreement
and Husband shall be entitled to reimbursement for any counsel
fees, costs, lost wages, or other expenses he incurs in
contesting Wife's request for support in excess of the amounts
set forth in this agreement.
d. Following three years after the execution date of
this agreement, the parties agree that the issue of child support
shall be governed by all applicable statutes, Rules of Court, and
common laws principles relating to child support, with either
party having the ability to seek any modification or adjustment
of said child support order as the circumstances may warrant.
e. Notwithstanding anything to the contrary above,
Husband and Wife agree that the amount of support set forth in
this agreement may be modified or terminated at any time (even
within three years from the date of execution of this agreement)
if primary physical custody is transferred from Wife to Husband
or to any third party.
8. DEBTS OF THE PARTIES:
a. Husband agrees that he shall be responsible for
and shall indemnify and hold Wife harmless for all loan payments,
late charges and other costs related to the loan indebtedness of
Husband with regard to the 1998 Buick Park Avenue owned and
operated by him.
b. Wife agrees that she shall be responsible for and
shall indemnify and hold Husband harmless for all loan payments,
late charges and other costs related to the loan indebtedness of
Wife with regard to the 2000 Plymouth Grand Voyager owned and
First Equity
operated by her.
Husband agrees to be responsible for the Membe~.
line of credit ,,"c'-o"''''"''' "..""~..~ \~33'l\-()i.,
I
The parties certify and acknowledge that they have
c.
d.
at this time no joint debts or liabilities, except as expressly
provided for herein.
e. The parties agree that they will not in the future
contract or incur any debt or liability for which the other
party, his or her property or estate, might be responsible and
each further agrees to indemnify and save harmless the other
party against claims that may be asserted by anyone against the
other party by reason hereof.
9. RETIREMENT, PENSIONS:
Both parties waive any and all right to the other's
pension, retirement or 401K plans,
10. HEALTH INSURANCE:
Husband agrees to maintain health insurance coverage as
available through his employer on Wife and their child until
Husband and Wife divorce and on the child thereafter.
11. TAX RAMIFICATIONS:
Husband and Wife have intended by this Agreement to
equally divide their marital property. The parties have
determined that such equal division conforms to a right and just
standard with regards 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 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 a part of the marital estate. As a
part of the equal division of the marital properties and the
marital settlement herein contained, the parties agree to save
and hold harmless from all income taxes assessed the other
resulting from the division of property as provided herein. To
the extent that it is required, both the parties hereto
specifically desire and elect to apply the provisions of the
Domestic Relations Reform Act of 1984 regarding the creation of a
taxable event.
12. NON-MERGER IN DIVORCE DECREE: The parties agree that
in the event of absolute divorce between them, they shall
nonetheless continue to be bound by all the terms of this Marital
Settlement Agreement, and neither this Marital Settlement
Agreement, nor the terms thereof, shall be deemed to have been
merged in any decree or judgment granted in the divorce action,
but shall survive and be forever binding upon the parties.
13. EXECUTION OF DOCUMENTS: Each of the parties shall, from
time to time at the request of each other, execute, acknowledge
and deliver to the other party any and all further instruments
that they may reasonably be required i~ order to give full force
and effect to the provisions of this Marital Settlement
Agreement.
14. COUNSEL FEES: Each party hereto agrees that he or she
shall be individually responsible for any and all counsel fees
and expenses incurred by him or her in connection with the
preparation of this Marital Settlement Agreement and any
subsequent divorce between the parties.
15. MUTUAL RELEASE: Except as provided for in this Marital
Settlement Agreement, the parties hereby remise, release, quit-
claim and forever discharge each other and the estate of each
other, for all time to come, for all purposes whatsoever, from
any and every claim, including alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees or costs
under the Divorce Reform Act or spousal support, or otherwise,
that they may make or hereafter make in and to or against each
other's estates or any parts thereof, whether by way of dower or
curtesy, or under the intestate laws, or the right to take or
elect against the other's will, except only such rights as accrue
pursuant to this Marital Settlement Agreement.
16. NON-WAIVER: The failure of either party to insist in
. ,
anyone or more instances upon the strict performance of any of
the terms hereof shall not be construed as a waiver or
relinquishment of such term or terms in the future.
17. RECONCILIATION: The parties agree that the terms of
this Agreement shall not be affected by their subsequent
cohabitation or resumption of marital relations unless the
parties specifically agree in writing.
18. BREACH: In the event that either party breaches by
part of this Marital Settlement Agreement, he or she shall be
responsible for any and all costs incurred to enforce the terms
hereof, including, but not limited to, court costs and counsel
fees of the other party. In the event of breach, the other party
shall have the right, at his or her election, to sue for damages
for such breach or to seek such other and additional remedies as
may be available to him or her.
19. ENFORCEMENT: The parties agree that this Marital
Settlement Agreement or any part or parts hereof may be enforced
in any court of competent jurisdiction.
20. APPLICABLE LAW AND EXECUTION: The parties hereto agree
that this Marital Settlement Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania, and shall bind the
parties hereto, and their respective heirs, executors and
assigns. This document shall be executed as original in
triplicate.
21. ENTIRE AGREEMENT: The parties acknowledge and agree
that this Marital Settlement Agreement contains the entire
understanding of the parties and supersedes any prior agreement
between them. There are no other representations, warranties,
promises, covenants or understandings between the parties other
than those expressly set forth herein.
22. INCORPORATION IN JUDGEMENT FOR DIVORCE: In the event
that either Husband or Wife at any time hereafter obtain a
divorce in any action for divorce presently pending between them,
or otherwise, this Marital Settlement Agreement and all of its
provisions shall be incorporated into any such juqgment for
divorce, either directly or by refere~ce. The court, on entry of
judgment for divorce shall retain the right to enforce the
provisions and the terms of this Marital Settlement Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and day and year first above w .
L I DAWN
COMMONWEALTH OF PENNSYLVANIA:
SS:
COUNTY OF CUMBERLAND
On this, the ;;)~\ day of <:;;tPf , 2001, before
me, a Notary Public in and for the aforesaid Commonwealth and
County, personally appeared LORI DAWN 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 purpose therein contained.
IN WITNESS WHEREOF, I her
my hand and official
seal.
(
Exp i rENOfARIAL SEAl
DAWN M. SHUGHART, Notal)' Public .
,
Carlisle, Cumbertand County .
M Commission Ex ires Nov. 28, 2lJI\;'
COMMONWEALTH OF PENNSYLVANIA:
ss:
COUNTY OF CUMBERLAND
On this, the ,;<.s;- day of <::...t,;&f
, 2001, before
me, a Notary Public in and for the aforesaid Commonwealth and
County, personally appeared MICHAEL ERIC ZIMMERMAN known to me,
or satisfactorily proven, to be the person whose name is
subscribed to the within instrument and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
~
NOTARY PUBLI
My Commission Expires:
NOTARIAL SEAL
DAWN M. SHUGHART, Notary Public
Carlisle, Cumberland County
My Commission Expires Nov. 28, 2002
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LORI DAWN ZIMMERMAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
v.
: CIVIL ACTION - LAW
MICHAEL ERIC ZIMMERMAN,: NO,2001-5011 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on August 27, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree,
I verify that the statements made in this Affidavit are 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: ~J~X.-c:)l
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLV ANIA
V.
: CIVIL ACTION - LAW
NO. 2001-5011 CIVIL TERM
MICHAEL ERIC ZIMMERMAN,:
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
I. 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 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: R-MJ
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYL VANIA
V.
CIVIL ACTION - LAW
NO, 2001-5011 CIVIL TERM
MICHAEL ERIC ZIMMERMAN,:
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
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: J'1.-- "l . 0 ,
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Plaintiff
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v.
: CIVIL ACTION - LAW
MICHAEL ERIC ZIMMERMAN,: NO.2001-5011 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on August 27, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3, I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree,
I verify that the statements made in this Affidavit are 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: t1--4 -0 L
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LORI DAWN ZIMMERMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
: NO,..98-~ CIVIL TERM
MICHAEL ERIC ZIMMERMAN,: ;2t()/ 56/1
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. Grounds for divorce: irretrievable breakdown under Section 3301 (c),3301
(d) (1) of the Divorce Code, (Strike out inapplicable section).
2. Date and manner of service of the Complaint: Certified Mail. Return Receipt
Requested, Restricted Delivery, made on September 4,2001.
3. Complete either paragraph (a) or (b).
(ill Date of execution of the affidavit of consent required by sec, 3301 (c) of
the Divorce Code: by plaintiff December 8, 2001; by defendant
December 9, 2001.
(b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the
Divorce Code:
; (2) Date of filing and service of
the plaintiff's affidavit upon the defendant
4. Related claims pending: None
5. 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
M Date plaintiff's Waiver of Notice in sec. 3301 (c) Divorce was filed with
the Prothonotary: December 10, 2001.
Date defendant's Waiver of Notice in sec, 3301 (c) Divorce was filed with
the Prothonotary: December 10,2001.
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Attorney for Plaintiff 0
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
Lori Dawn Zimmerman
Plaintiff
No.
2001-5011
VERSUS
Michael Eric Zimmerman
Defendant
AND NOW'~
DECREE IN
DIVORCE
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, IT IS ORDERED AND
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.
DECREED THAT
Lori Dawn Zimmerman
PLAINTIFF,
Michael Eric Zimmerman
, DEFENDANT,
AND
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 Parties' Marraage Settlement Agreement dated June 10, 2001 is incorporated
herein and the Court has jurisdiction over no other claims.
.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
2 NlM e.,r 1l10J'\..- Lop.-. ~ ]). :
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Defendant :
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IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff I defendant in the above matter,
[select one by marking "x"]
_ prior to the entry of a Final Decree in Divorce,
or -?t2 after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of .J1], } U-I ()L.L-4Ai ~
written notice avowing his I her intention pursuant t~ e
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, and gives this
P.S, 704,
COMMONWEALTH OF P\ENliSYL VANIA)
COUNTY OF Lu.mrd
On the ~ day of 1'_~ m beR , 20ok, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he I she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereWlto set my hand hereWlto set my hand and official
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SEAL
PRtmtONOTARY, NOTARY PUBlIC
CNUlE CUMBERLAND COUN1Y COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4,2010
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