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HomeMy WebLinkAbout05-4812o. HAROLD S. IMN, III, ESQUIRE ATTORNEY ID NO. 29020 94 SOUTH PITT STREET CARLISLE PA 17018 (717)243.9090 ATTORNEY FOR PLAINTIFF ROBIN E. ZORN, V. % IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RALPH B. CORN, JR., Defsndent CIVIL ACTION - LAW : NO. ps . $ j,z CIVIL TERM :? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ROBIN E. ZORNp V. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RALPH S. ZORN, JR., Dofnndont CIVIL ACTION - LAW NO. 715' y/,Z EVIL TERM :c- -- COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is ROBIN E. ZORN, an adult individual residing at 517 Adams Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is RALPH B. ZORN, JR., an adult individual residing at 1150 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on February 21, 1998 in Carlisle, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN E. ZORN, V. RALPH B. ZORN, JR. Plaintiff Defendant NO. 2005-4812 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please withdraw the appearance of Harold S. Irwin, II, Esquire, on behalf of Robin E. Zorn, Plaintiff in the above captioned matter. Date: ;?Q' 41n ?<a Harold S. Irwin, II 65 South Pitt Street Carlisle, PA 17013 (717) 243-6090 I.D. No. 29920 r, '.;. `,? 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein 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 unswom falsification to authorities. August 31, 2005 v , I;tb6IN E. ZORN, Plaint' HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 ROBIN C. ZORN, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RALPH B. ZORN, JR., Defendant CIVIL ACTION - LAW NO, O?j 5/?/.Z. CIVIL TERM PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and 1 participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. August 31, 2005 Qirm- ? ?- &Aj"? ROBIN E. ZORN, Plalnti c CC:? CS ?' C J C O' w GT7 Q W -i ROBIN E. ZORN, V. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RALPH B. ZORN, JR., Defendant CIVIL ACTION - LAW NO. 2005 - 4812 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on September 16, 2005, by certified mail addressed to the defendant at 1150 Cranes Gap Road, Carlisle, Pennsylvania 17013, certified mail No. 7004 1350 0003 7288 4783. 3. A copy of the signed return receipt is attached hereto. I verify that the statements made in this affidavit 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. September 21, 2005 Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 M m r S O to m a rru ~ 4jcr Postage o cy4jri Postage m ' 0 Cl Return Redept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) S r3 Sent To orPOeox Na . - snare, < Siry, ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery 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 mallpieoe, or on the front if space permits. 1. Article Addressed to: Ce. et:se.?, P? o M X 0 Agent B. Received by (Pdnted &6e) C. Date of Delivery / 6 GS D. is delivery address different from item 17 0 Yes It YES, enter delivery address below: 0 No Certified Mall O Express Mail 0 Registered 0 Return Receipt for Merohandlee 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (rrarA9Far horn service &W 7004 1350 0003 7288 4783 PS Form 3811, February 2064 Domestic Return Receipt 10259602-MA sac EXHIBIT "A" d Q ?-? " -?0 ?' ?7? -c? "? C ? ??? `Y S" °pG N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN E. ZORN, Plaintiff V. RALPH B. ZORN, JR. Defendant NO. 2005-4812 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Robin E. Zorn. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: ).'2- 'b Q (D _, ?? ;, ?__ ___ r,--; ?. .. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this c9ri dday of 9??t , 2007, by and between ROBIN E. ZORN, of 1152 North Pheasant Run, Carlisle, Cumberland County, Pennsylvania, 17013 party of the first part, hereinafter referred to as "Wife," AND RALPH B. ZORN, of 1916 Ester Drive, Carlisle, Cumberland County, Pennsylvania, 17013, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on February 21, 1998, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 17-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to 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 of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 17-- the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 17-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. 2.4 The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce in Wife's divorce action docketed to Cumberland County No. 2005-4812. Upon the execution of this Agreement the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within ten (10) business days of receipt of those signed Affidavits and Waivers, or if a Divorce Master had been previously appointed then within Ten (10) business days of receipt of Order revoking his appointment, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, --Page 4 of 17-- needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, furniture, appliances, guns, and other personal property, tangible and intangible,'in their possession that they wish to have and retain from this time forward. Neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other party's possession from the time of execution of this Agreement forward. --Page 5 of 17-- 3.4 Life Insurance. Each parry agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claimed by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties were the former owners of real estate located at 1150 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania. The property was sold to a third party purchases for value, and settlement has been previously been concluded. However, there exists from that real estate, a bill to the Direct T.V., in an amount of approximately $300.00 and a bill for the replacement of the water pump on the property, in an amount of approximately $1,571.03. Wife shall accept sole and exclusive responsibility for repayment of the aforesaid indebtedness and shall pay said indebtedness within ninety (90) days of the date of execution of this Agreement. It is further acknowledged that there may be other utility bills which are in either parties individual names from their prior residency at the aforesaid Cranes Gap Road address. Those --Page 6 of 17-- outstanding obligations, if any, shall remain the sole and exclusive responsibility of the party in whose name they currently exist. Neither party shall make any claim of any nature whatsoever relative to their prior residency at the property on Cranes Gap Road, nor shall they make any claim of any nature whatsoever, one against the other, relative to the prior ownership and subsequent sale of the property and distribution of any sale proceeds therefrom. 3.7 Pension, Retirement, Prod-Sharing. Wife waives, relinquishes and transfers any and all of her rights, title and interest she has or may have in any retirement account held by Husband that Husband may have in his individual name or may have secured through his present or prior employment. Husband waives, relinquishes or transfers any and all of his rights, title and interest he has or may in any retirement account held by Wife that Wife may have in her individual name or may have secured through her present or prior employment. 3.8 Vehicles. The parties acknowledge that Wife has and shall retain sole and exclusive ownership and possession of a certain Jeep vehicle which is financed through Factory Finance in Mechanicsburg. Wife shall retain sole and exclusive ownership and possession of the aforesaid vehicle. Wife shall be solely and exclusively responsible for payment to Factory Finance indebtedness and shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever. When payment is made in full and title is issued, in the event it is necessary for Husband to execute any documents to waive, relinquish, or transfer his interest in the aforesaid vehicle, he will do so within fifteen (15) --Page 7 of 17-- days being requested to do so from Wife or her legal counsel. From the date of execution of this Agreement forward, Husband shall make no claim whatsoever relative to access or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of the execution of this Agreement forward. In addition, upon the execution of this Agreement, Husband shall sign a Limited Power of Attorney designating Wife as his agent for purposes of transferring title to the aforesaid vehicle once the Factory Financing indebtedness has been paid in full. Said Power of Attorney shall be prepared by Wife's legal counsel and shall be delivered to Husband's attorney. Whereupon, Husband should execute said Power of Attorney and the Power of Attorney should be held in escrow by counsel for Husband until said indebtedness has been paid in full, at which time, it shall be delivered to Wife or her attorney so that title may be transferred into Wife's sole name. Alternatively, upon payment of the Factory Finance indebtedness in full, and upon Wife's request, Husband shall execute any such documents to waive, relinquish, or transfer his interest in the aforesaid vehicle within fifteen (15) days of being requested to do so by Wife or Wife's legal counsel. The parties acknowledge that Husband had and retained sole ownership and possession of a certain Pontiac Sunfire vehicle at the time of the parties separation. Husband no longer has possession or ownership of that vehicle but has retained and shall retain the cash or trade-in value of the vehicle that he secured from the prior trade, sell, or trade-in of the aforesaid Pontiac Sunfire vehicle. From the date of execution of this Agreement forward, Wife shall make no claim whatsoever relative to the value of the aforesaid vehicle nor shall she make any claims relative to any entitlement or consideration of the valued vehicle at the time of separation. --Page 8 of 17-- 3.9 Intangible Personal Property. The parties acknowledge that any intangible personal property, including bank accounts, investment accounts, and alike have already been distributed to the parties mutual satisfaction. The parties acknowledge that this property has been divided and that each party has in their possession the intangible personal property that they wish to have. Neither party shall make any claims whatsoever against the other party relative to any intangible personal property that each party has retained. ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties reaffirm their responsibility to pay the aforementioned indebtedness set forth in paragraph 3.6 above relative to their prior residency at 1115 Cranes Gap Road, Carlisle, Pennsylvania. The parties further reaffirm that Wife shall be solely and exclusively responsible for the repayment of the automobile loan due and owing to Factory Finance, Mechanicsburg, Pennsylvania, as identified in paragraph 3.8, and that Wife will indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid indebtedness. The parties acknowledge that they engaged in a joint bankruptcy proceeding docketed in the United States Bankruptcy Court middle district of Pennsylvania, to case number 10303461, to which there has been a final discharge such that the bankruptcy is completed. It is acknowledged that Husband made substantial contribution toward the payment of bankruptcy expenses and the amount due and owing to the trustee in bankruptcy to allow for the finalization of the bankruptcy and that he shall not, from this time forward, make any additional claims of any nature whatsoever against Wife for reimbursement or additional consideration toward the costs he --Page 9 of 17-- assumed through the bankruptcy proceedings. Similarly, Wife will make no claim of any nature whatsoever relative to the bankruptcy proceedings, debts discharged in the bankruptcy proceedings, assets retained in the bankruptcy proceedings, or any other aspect of those proceedings against Husband. The foregoing not withstanding, the terms of this paragraph or any other paragraph in this Agreement shall not affect Wife's rights to receive any payment on account of arrears owed for child support or spousal support out of any payment or reimbursement due Husband arising out of the bankruptcy action in which the parties were involved or, more specifically, relative to overpayment of the sum due in the bankruptcy proceeding. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each parry indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY, ALIMONY PENDENTE LIM SPOUSAL SUPPORT AND MAINTENANCE 5.1 It is acknowledged that at the time of execution of this Agreement Wife continues to maintain insurance benefits through her employment with Husband, including medical, dental, vision, and other VA related benefits. It is further acknowledged by the parties that, as per current law is applied, upon entry of a Decree in Divorce Wife shall be responsible for her own health insurance needs, including medical, dental, vision, and other related health insurance benefits. --Page 10 of 17-- 5.2 The parties herein acknowledge that except for the provisions otherwise set forth herein, they have each secured and maintained substantial and adequate funds with which to provide themselves sufficient resources to provide for their comfort, maintenance and support in the station of life to which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may respectfully have against the other for alimony, alimony pendente lite, spousal support, and maintenance except as provided for herein. The foregoing notwithstanding, the Spousal Support Order entered in Wife's Cumberland County Support Action docketed to No. 866 S 1996, PACSES No. 101001097 shall remain in effect until the date of the entry of the divorce decree. On the date the divorce decree is entered that spousal support obligation shall be suspended; provided however, that Husband shall still be obligated to pay all arrears in said action and shall pay said sums in a monthly amount to be determined by Domestic Relations but in no event any less than at the rate of $100.00 per month. When said spousal support has been paid in full, the spousal support portion of the order shall terminate. 5.3 Except as hereinbefore set forth, Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. --Page 11 of 17-- ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and 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 that execution of this 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Bradley L. Griffie, Esquire, and to Wife by her counsel, Diane G. Radcliff, Esquire. 6.2 Mutual Release. Within fifteen (15) days of execution of this Agreement by the parties Wife shall return, through counsel, all VA and military files belonging to Husband, including any and all copies of documentation that she has made, such that she shall not have in her possession, nor in her legal counsel's possession, any such personal and confidential information relative to Husband's veterans or administration case and his military file. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes --Page 12 of 17-- whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower'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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time 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 rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. --Page 13 of 17-- 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. --Page 14 of 17-- 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 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. 6.9 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.10 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. --Page 15 of 17-- 6.11 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching 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 including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. +L 0-1 Date ROBIN E. ZORN ?/-.07 Z?AIAU AS7.?4_'2 Date RALPM Z --Page 16 of 17-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF C-v M a On this 2,m Aday of 2007, before me, the undersigned officer, personally appeared ROBIN E. RN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAL5H OF PENN YLVANIA Notarial seal public COMMONWEALTH OF PENNSYLVANIA ; Diane Radcliff. Notary Camp Hill Boro, Cumbe Jana 11, 2008 My Commission Expires COUNTY OF C_ LM berla 4 ; - VMb C e?^:> tivania Association Of Notaries On this [6-_3*-day ofjL)j-1e, 2007, before me, the undersigned officer, personally appeared RALPH B. ZORN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Tlf = IL 4 I Memo --Page 17 of 17-- dowo-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN E. ZORN, Plaintiff NO. 2005-4812 CIVIL TERM V. CIVIL ACTION - LAW RALPH B. ZORN, JR., IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 15, 2005. 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. 1 consent to the entry of a final Decree in 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. L? Dated: -2 t ?__s ROBIN E. ZORN ?? °?? --' ..,? ? c?._ ? -} -crt ? ? ' ?::? r ? f- rt? t'?: t'" -rrt'???= ?„ t ?. ?? ? G- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN E. ZORN, Plaintiff NO. 2005-4812 CIVIL TERM V. RALPH B. ZORN, JR., Defendant CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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 g,anted. 3. 1 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 Waiver 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. Dated: 2 C ?-? ROBIN E. ZORN r-I 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN E. ZORN, Plaintiff V. RALPH B. ZORN, JR., Defendant NO. 2005-4812 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. 2 3. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 15, 2005. 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. I consent to the entry of a final Decree in Dig Drce 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 d8 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: W? `Y 7 RALPH Jr. ORN CC ?, .-?--? _..-4 ?;,`` c...?. ?? - ?. ?? ? ,?. ? t'1" ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN E. ZORN, Plaintiff V. RALPH B. ZORN, JR., Defendant NO. 2005-4812 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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. verify that the statements made in this Wai per are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: 0'7 Z.10 -Al /R. ,A-t- RALPH . ZORN, Tj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN E. ZORN, Plaintiff NO. 2005-4812 CIVIL TERM V. CIVIL ACTION - LAW RALPH B. ZORN, JR., IN DIVORCE Defendant TO THE PROTHONOTARY: PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: September 15, 2005 b. Manner of Service of Complaint: Certified Mail/Restricted Delivery C. Date of Service of Complaint: September 16, 2005 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: July 2, 2007 b. Defendant: June 28, 2007 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of Filing: N/A C. Date of Service: N/A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated July 2, 2007, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(1) OF THE DIVORCE CODE: a. Date of Service: N/A b. Manner of Service: N/A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: July 20, 2007 I b. Defendant's Waiver: July 20, 2007 X137. RAJDCLIFF, ESQUIRE 3448 Trindl Road , PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 rv Cl) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. 2oo-r,-4812 CIVIL TERM VERSUS RALPH B. ZORN, JR., Defendant DECREE IN DIVORCE AND NOW, 5 IT IS ORDERED AND DECREED THAT RORTN F ZORN , PLAINTIFF, AND RALPH B. ZORN, JR. 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; No issues are outstanding. All issues have been resolved and settled by the Parties' Marital Agreement dated July 2, 2007, filed of record and incorporated into, but not merged with, this Decree. BY THE COURT: ATT E #;- _ / / A - J . PROTHONOTARY ?? ?? ?? ??