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Home My WebLink About05-6766 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JEANNE ZENTMEYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OS -10.'71,,6 Co; L'1-€/LYrj KURT ZENTMEYER, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT~ You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a Decree of Divorce or Annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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: 1 Courthouse Square, Carlisle, PA 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JEANNE ZENTMEYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OS- -107U C?~";Ll~uV'1 KURT ZENTMEYER, Defendant DIVORCE COMPLAINT IN DIVORCE COUNT I Reauest for a No-fault Divorce Under S3301(c) of the Domestic Relations Code 1. Plaintiff is JEANNE ZENTMEYER, who currently resides at 2475A Rosstown Road, Wellsville, Pennsylvania 17365. 2. Defendant is KURT ZENTMEYER, who currently resides at 288 Dorwart circle, Etters, Pennsylvania 17319. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 20, 1986 in Cumberland County, Pennsylvania. , ~. , 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to S 3301(c) of the Domestic Relations Code. DATED: J~)L!J~~~ LEWIS, ESQUIRE or Plaint.iff VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subj ect to the penal ties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: /l/ZJ )05 P -k.J.. - ~ AJ \ -0 <-> 0 c.,;. c.:.:> -n ~ C) c/' ::T! CJ . r. __-r1 rl1--- VI " r: -r;CU --- -0 C> t'.> -~~ ~I~~ ~ ...t:::- ea ~ ~0 ...., ,- -1'"', VJ ~';,;f,~ p-:- N ' > ~ ;::'1 ~ .::- ?C; -< ~ N "-!.. -. ,rj ,Jell:'), i I:. ..' ., 7 I v,(). 7.1 JV\iJl-/e~ unTtne"ler Ii" I'V I, ~'lri'j~ I I kc 0 G - b'7 U: C''v) J Tel/yl {~!'tlbe;, Itti1l1 UJl'itzl SETTLEMENT AGREEMENT THIS 2005, by ZENTMEYER AGREEMENT, is and between ("Wife") . made this IOf~ day of f)~{flf!jef KURT ZENTMEYER ("Husband") and , JEANNE WIT N E SSE T H: WHEREAS, the parties, currently Husband and Wife, will be filing for and obtaining a decree in divorcej: and WHEREAS, effectuate and debts; and by this Agreement, the parties have intended to equitably divide their marital property and marital WHEREAS, diverse unhappy differences and difficulties have arisen between the parties and it is their intention to live separate and apart for the rest of their lives and to settle any claims by one against the other or against their estates. NOW THEREFORE, with the foregoing recitals being incorporated by reference and deemed as an essential part hereof and in consideration of the premises and of the mutual promises set forth herein and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the parties. This Agreement shall be incorporated, but not merged into the final decree in divorce. 2. FINANCIAL DISCLOSURE. The parties confirm each has relied on the substantial accuracy of the financial disclosure of the ot.her as an inducement to executing this Agreement. No representations have been made by either party to the other, or by anyone else, as to the financial status of the other except as set forth in this Agreement. '. 3. ADVICE OF COUNSEL. wife has been advised regarding this Agreement by her attorney, Kenneth Lewis. Husband has been advised regarding this Agreement by the attorney of his choosing or has chosen to forego seeking such advice. Both parties acknowledqe this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, af,ter having received independent legal advice, or choosing not to do so. The parties acknowledge this Agreement is not the result of duress or undue influence and is not the result of any collusion or improper or illegal agreement (s) . This Agreement shall be construed as if drafted by both parties. 4. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. The parties understand each has the right to obtain from the other party a complete inventory of all the property either or both parties now own or owned as of the date of separation, and that each has the right to have such property valued by appraisals or otherwise. The parties understand they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand a Court's decision concerning the parties' respective rights and obligations might be different from the provisions of this AgreemE!nt. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the pennsylvania Divorce Code. statement of Divorce Code. b. the The right other party to as obtain an provided Income by the and Expense Pennsylvania c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital. d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 2 5. PERSONAL RIGHTS. Husband and Wife, may live separate and apart. Each shall be free from any interference, direct or indirect, by the other in all respects as if they were unmarried. Husband and Wife shall not harass, disturb or malign each other or the respective families of the other nor attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 6. MUTUAL RELEASES. Husband and Wife each mutually release and forever discharge the other and the other's estate from any and all rights of the other or against the other's estate, which he/she now has or may hereafter have against the other or the other's estate, arising out of any circumstance whatsoever (intestate laws, the right to take against the spouse's will, and/or all other rights of a surviving spouse to participate in a decea,sed spouse's estate, regardless of the jurisdiction). The release includes 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, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, rights and obligations arising under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other a complete and general release with respect to all property of any kind or nature, which the other now owns or may hereafter acquire, except and only excepting rights and obligations arising under this Agreement. 7. PERSONAL PROPERTY. The parties make the following disposition and settlement with respect to their personal property. a) Husband and Wife agree they have equitably divided all their personal property to each's satisfaction and that each shall retain the property in his/her possession at the time of this Agreement (except as provided otherwise in this Agreement) . b) Financial Accounts. The parti,es acknowledge there are no jointly-titled financial accounts. Husband and Wife agree that each shall maintain all the financial accounts currently ti tled in his/her name, including but not limi 1:ed to bank accounts, credit union accounts, IRAs, certificates of deposit, 401K plans and any other accounts of whatever nature, except as provided for in this agreement. Each waives any rights he/she may have to the others financial accounts. 3 c) Railroad Retirement. The partiE,s acknowledge Husband has retirement benefits through the U.S. Railroad Retirement Board. The parties agree that Wife shall be entitled to 50% of Husband's non-tier I benefits. The parties shall equally share in the cost of enforcing this paragraph (i.e. the cost of preparing a Qualified Domestic Relations Order or any filing fees that may be necessary) . d) Automobiles. i) Husband shall retain and be the sole owner of the Ford Ranger pick-up and Volkswagen Scirocco (both titled in his name). Husband shall be responsible for all debts and expenses pertaining to these vehicles and shall indemnify wife from any harm arising from the possession and/or ownership of these vehicles. ii) Wife shall retain and be the sole owner of the Jeep Wrangler (titled in her name). Wife shall be responsible for all debts and expenses pertaining to thif; vehicle and shall indemnify husband from any and all harm arising from the possession and/or ownership of these vehicles. 8. AFTER-ACQUIRED PERSONAL PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, he,reafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were not married. 9. REAL ESTATE. Husband shall become sole owner of the property located at 288 Dorwart Circle, Etters, PA 17319, currently titled in both parties' names. Husband shall be responsible for all debts and expenses associated with this property and shall indemnify wife from any and all harm arising from the possession and/or ownership of this property. Husband shall refinance all mortgages, home equity loans, lines of credit, etc. or otherwise remove wife's name from all such obligations within 120 days from the date of this agreement. Husband shall pay wife $50,000.00, representing her share of the equity in the home. Concurrent with the $50,000.00 payment and the removal of Wife's obligations with respect to the property, Wife shall execute a Deed transferring all her righ1:s in the property to Husband. 4 10. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. The parties hereby waive and surrender any rights and/or claims they may have to interim or final alimony, alimony pendente lite and spousal support. 11. ATTORNEY'S FEES AND COSTS. The parties waive and surrender any rights and/or claims they may have to interim or final counsel fe<es and/or costs. 12. DEBTS. a) The parties acknowledge there are no jointly-titled debts. Each party shall be solely responsible for all debts listed in his/her sole name. Each party shall indemnify and hold the other harmless against all actions or collections of whatever kind arising out of these debts. b) Each party represents he/she has not incurred any liability for which the other may be responsible 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, except for the obligations arising ou1t of this Agreement. 13. WARRANTIES TO FUTURE OBLIGATIONS. Husband and Wife each agree that each will now and at all times hereafter save harmless and keep the o1:her indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 14. 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 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. 5 , . 15. BREACH. The parties agree that if either fails in the due performance of any of his or her obligations under this Agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available and said other party shall have the right to recover his or her reasonable legal fees and costs for any services rendered by his or her attorney. 16. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take all steps and execute, ackno.lledge and deliver to the other party any further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 17. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure benefit of the parties hereto and their respective executors, administrators, successors and assigns. to the heirs, 19. 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. 20. 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 of any breach of any provision hereof be 6 . .',.'. , , construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance or any other obligations herein. 21. SEVERABILITY. If any term or provision of this Agreement shall be determined to be invalid, then only that term or provision shall be stricken 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 anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or al ter the remaining obligations of the parti,=s. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the 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. ~ ~'~ ,-f\ \1." (~~'- . \\fw\ ^ . WI ESS I ~-~~ ~--~ -- ;l- K RT ZENTI1E R . /7l~ -kJy~~ WITNESS 7 C> ~-, 0 ~.-1 , .'-~ , -11 ,:;" <- :::;:1 ~'.::: tll -n r'co -C I..:'..; , ~. C,J <~ ~~"J .-<' (..) """ KENNETH F. LEWIS, ESQUIRE 1.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JEANNE ZENTMEYER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.OS-b7bb evil Term KURT ZENTMEYER, Defendant DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. DATE: vI/or/ofo / { ~Jf'~ K T ZENnlE 288 Dorwart Circle Etters, Pl\ 17319 "M'j '~-=-) -'~ ; ~ :.:-J c" " c..::; JEANNE ZENTMEYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6766 civil Term KURT ZENTMEYER, Defendant 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 section (X) 3301(c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service siqned 1/05/06 and filed 1/11/06. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by section 3301(c) of the Divorce Code and Waiver of Notice of Intention to Request Entry of a Divorce Decree: by the Plaintiff on 4/10/06; by the Defendant on 4/10/06. 4. Related claims pending: NONE. property settlement aqreement incorporated into decree. DATED: 4{11{06 1ft ~UwJ KEN ETH . LEWIS, ESQ. Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff I:; c,": r,; --,. KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JEANNE ZENTMEYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6766 civil Term KURT ZENTMEYER, Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under section 3301 (c) of the Divorce Code on December 28, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry or a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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: -~ "'. i JRANNE .N~ 4/10/050 ,:',1 -n (~"' OJ JEANNE ZENTMEYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : v. NO. 05-6766 civil Term KURT ZENTMEYER, Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (ol OF THE DIVORCE CODE 1. I consent to 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 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. 4. I verify that the statements made in the foregoing document 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: ~ \, JEANV!Z M ER Li!la) a ~ -\~ c_,^. (,,:, C'~ KENNETH F. LEWIS, ESQUIRE LD. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JEANNE ZENTMEYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6766 civil Term KURT ZENTMEYER, Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on December 28, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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: 7//0 I D 0 ~#~- K ZE~TMEYER \ t ,~I C) JEANNE ZENTMEYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-6766 civil Term KURT ZENTMEYER, Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e) OF THE DIVORCE CODE 1. I consent to 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 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. 4. I verify that the statements made in the foregoing document 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: /-fjfO/Ot, ,".) "'d--' I ..-1 C) c--: ~~+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ + + : IN THE COURT OF COMMON PLEAS : + + ; OFCUMBERLANDCOUNTY ; + + + l"~ + + J~~~ '+' ; STATE OF PENNA. ; + + + + ~ .J EA-NNE. ZENTMEYER ~ ; NO. Q5--b'lU L,'~/l /Mn ; + + + + + + + + + VERSUS + ~ KURT ZENTMEYER ~ + + + + + + + + + + + + + + ; DECREE IN ; + + + + ; DIVORCE ; + + + + + + + + + + ; AND NOW, /J..I zC>~, 2at, , IT IS ORDERED AND ; + ~ + + + : DECREED THAT J'EAIJAJE 2mTHErEi , PLAINTIFF, : + + ~ AND KU~T zENTHEYEI< ' 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; : + + + + + + + + + + + + + + + + + + + + + + + + ; By THE COURT: ; + + + + + + + + + + + J. + + + + + + + + + + + + + + PROTHONOTARY + + + + + + + ++ + '+' + + + :+' + + + +.... +" ~+.~ ,.. 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