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HomeMy WebLinkAbout06-0291STEVE T. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Qd?,- 291 CIVIL TERM JACKIE M. ZEIGLER, Defendant CIVIL ACTION -- LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: SNELBAKER & BRENNEMAN, P.C. Attorneys for Plaintiff STEVE T. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JACKIE M. ZEIGLER, NO. 06; -.z91 CIVIL TERM Defendant CIVIL ACTION --LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff Steve T. Zeigler is an adult individual residing at 411 Hollow Brook Drive, Cumberland County, Pennsylvania. 2. Defendant Jackie M. Zeigler is an adult individual residing at 2087 Rocksberry Road, Shippensburg, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on October 13, 1979 in County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction since the date of the marriage averred in Paragraph above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAKER 8: BRENNEMAN, P.C. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Steve T. Zeigler requests this Court to enter a Decree of divorcing the Plaintiff from the bonds of matrimony heretofore existing between the and Defendant. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from October 13, 1979. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Steve T. Zeigler requests this Court to order equitable distribution of marital property and debts. LAW OFFICES SNELBAKER & 2 BRENNEMAN, P.C. WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER & BRENNEMAN, P.C. By: I 4A, Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: January 11, 2006 Attorneys for Plaintiff Steve T. Zeigler LAW OFFICES II -3 SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint 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. J Steve T..Ze' Dale: January 11, 2006 LAW OFFICES SNELSAKER & BRENNEMAN, P.C. STEVE T. ZEIGLER, V. JACKIE M. ZEIGLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE AFFIDAVIT STEVE T. ZEIGLER being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I m ,y regUCS1 That the court require that my SpOAS2 and I participate in CODUSeiing. 2. 1 understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of I8 Pa. C.S. § 4904 relating to unsworn falsification to authorities. v Steve T. Z (Plai Date: January 11, 2006 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C `k v a STEVE T. ZEIGLER, Plaintiff V. JACKIE M. ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-291 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that LAW OFFICES SNELBAKER & BRENNEMAN, P.C. he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Steve T. Zeigler, Plaintiff in the above captioned action in divorce; that on January 17, 2006 he did send to Defendant Jackie M. Zeigler by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Divorce Complaint which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7003 1010 0000 91312405; that both the Complaint and cover letter were duly received by Defendant Jackie M. Zeigler as evidenced by the return receipt card for said certified mail dated January 19, 2006; that a copy of the aforementioned cover letter dated January 17, 2006 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as 'Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this 20`h day of January, 2006. Notary Public COMMONWEAL I H OF PENNSYLVANIA Notarial Seal Susan L. Matrazl, Notary Public Mechanicsburg Boro, Cumberland Cwnty My Commission Expires Nov. 24,21W Member, Pennsylvania Association Of Notaries LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 1 SNELBAKER F9 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW RICHARD C. SNELBAKER KEITH O. BRENNEMAN 44 WEST MAN STREET MECHANICSBURG. PENNSYLVANIA 17055 717-697-8528 January 17, 2006 Jackie M. Zeigler 2087 Rocksberry Road Shippensburg, PA 17257 Re: Zeigler v. Zeigler (Divorce) No. 06-291, Cumberland County, Pennsylvania Dear Ms. Zeigler: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of the Divorce Complaint, the original of which was filed with the Prothonotary in Cumberland County on January 13, 2006. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Steve T. Zeigler (-YT/enclosure) By certified mail, return receipt requested, restricted delivery, parcel No. 7003 1010 0000 8131 2405 EXHIBIT A Postal C3 CERTIFIED MAILT. RE CEIPT tjc Mail O nly; No Insurance Covera e P id '' ? ? g rov ed) r-q 111 1 M r9 Postage $ C3 Z C3 Certified Fee 2.40 C3 O Return Reciept Fee (Endorsement Required) PEJ mark 'ere C3 R t i 13 es r Metl Delivery Fee (Entlen;ement Re i d 3 ]0 fG ? o qu re ) . A666 `' Total Postage 8 Fees $ m ? Sent ro `' - - M1 Jackie M: -Zeigler '-' Strew'i. No.; _ ....... oraosoxnro. 2087 Rocksb_erry _ _ _ ......_ _ _ ..____.. Road ..__..___.. -- PA----1 7 2 5 7 ------------ M, Complete items 1, 2, and 3. Also complete Nwn 4 if Restricted Delivery is desired. ¦ Punt your name and address on the reverse so that we can return the card. to you. ¦ Attach this card to the hack of the mallplece, or on the front if space permits. 1. ArWe Addressed to Jackie M. Zeigler 2087 Rocksberry Road Shippensburg PA 17257 ? Agwt B ved by (Ported Ntaf C. Date or DaMrary &yH ?ece?ir i- Iq D. is delivery address d from Hwn 19 ? If YES, enter dellmy address below: ? No 3. Ice Type Owtmed Mail ? Eprese Mail ? Registered ? Return Receipt for MerUwtdMs o Insured Mall ? G.O.D. 4. Restricted Delivery? aFdffl Fee) yes LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2. Article Number pfanafe IIserwoek%0I 7003 1010 0000 4131 2405 f PS Forth 3811, August 2001 Domestic Return Receipt 102595024A.1510 EXHIBIT B .-J ?- ? ?f 1 .. _{ ' ?? P ? ' POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this 3 t .r day of 2006 by and between: STEVE T. ZEIGLER of 411 Hollow Brook Drive, Carlisle, Pennsylvania, party of the first part, hereinafter "Husband" AND JACKIE M. ZEIGLER of 2087 Roxbury Road, Shippensburg, Pennsylvania, party of the second part, hereinafter "Wife" WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as the "parties') were married to each other on October 13, 1979 in Perry County, Pennsylvania and separated on September 1, 2004; and WHEREAS, the parties last resided with each other at 411 Hollow Brook Drive, Carlisle, Cumberland County, Pennsylvania; and WHEREAS, the parties have accumulated certain assets during their marriage; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they have separated and now live separate and apart from each other; and WHEREAS, on January 13, 2006 Husband commenced an action in divorce docketed to No. 2006-291 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter referred to as the "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement and the meaning and legal effect thereof; and that each has been so advised and represented or has voluntarily chosen not to obtain such advice or representation; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble nor interfere in any way with the other or with any person for associating with the other. 3. PERSONAL PROPERTY/DECLARATION OF ASSETS. The parties declare and agree by their execution of this Post-Nuptial Agreement (the "Agreement"), that they have and will voluntarily divide and physically divide and distribute between themselves all of the parties' personal property which they acquired either before or during their marriage, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. Each party shall have and possess free of any claim or interest of the other those items of personal property, furnishings and furniture that have been and will be voluntarily divided between them and each shall be free to dispose of such property as he or she shall solely decide free of any claim or interest of the other. The parties declare and acknowledge that they are aware of all assets, property and real property that each has brought into the marriage and that has been obtained or acquired separately or jointly by them during the course of their marriage and therefore waive any valuation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed in accordance with this Agreement by the other party and hereby declares and acknowledges that the voluntary division by them of all property, whether marital or not, is fair and equitable. 4. REAL ESTATE. A. 411 Hollow Brook Drive, Carlisle. The parties acknowledge that they own, as Husband and Wife, the land and residential dwelling commonly known as 411 Hollow Brook Drive, Carlisle, Pennsylvania, (the "Residential Property") which property is not subject to any mortgage or home equity loan. The parties acknowledge and agree upon their divorce, title to the property at 411 Hollow Brook Drive will automatically transpose their ownership into a tenancy in common, with each owning an undivided fractional interest; that is, each owning one-half (1/2) in and of the Residential Property. The parties agree now and subsequent to their divorce as long as they jointly own the Residential Property, that they will share equally and'c6hffibute equally'to the payment of all real estate taxes, tax assessments and insurance with respect to the Residential Property. The parties acknowledge that Husband shall occupy the Residential Property as his residence to the exclusion of Wife and pay and be solely responsible for the payment of all utilities servicing the Residential Property. The parties further agree that Rusliaiid'shall be responsible for all repairs and maintenance of the Residential Property and the Rental Property identified in Paragraph 4.B., below. With respect to the cost of repairing and maintaining the Residential Property and the Rental Property identified in Paragraph 4.B., below, each calendar year Husband shall be responsible for paying all costs of maintenance and repair up to $3,600. Thereafter, the parties agree to share and equally contribute to the costs of such maintenance and repair above $3,600 incurred each calendar year. Wife waives and releases Husband of and from any and all claim or right to rent or contribution for rent from Husband, whether statutory or otherwise, associated with Husband's past, present and future occupancy and residency of the Residential Property. B. 401 Hollow Brook Drive, Carlisle. The parties acknowledge that they own as Husband and Wife the land improved with a residence commonly known as 401 Hollow Brook Drive, Carlisle, Pennsylvania (the "Rental Property") which property has been used by the parties as a rental property on which there is no mortgage or home equity loan. The parties acknowledge and agree that upon their divorce, title to the property at 401 Hollow Brook Drive will automatically transpose their ownership into a tenancy in common, with each owning an undivided fractional interest; that is, each owning one-half (1/2) in and of the Rental Property. The parties agree now and subsequent to their divorce as long as they jointly own the Rental Property, that they will share equally and contribute equally to the payment of all real estate taxes, insurance and tax assessments with respect to the Rental Property. Wife, now and after the parties are divorced, when the Rental Property is leased, shall receive and be entitled to receive $300.00 each month from any rent paid and received from lease of the Rental Property with all such monthly rent paid and received in excess of $300.00 to be divided equally between the parties. Wife's right to receive the sum of $300.00 as noted above is dependent upon the receipt of rent from any tenant(s) leasing the Rental Property. C. 10 Birch Street, Mechanicsburg. Wife is an owner as a joint tenant with others of a property located at 10 Birch Street, Mechanicsburg, Pennsylvania. Husband hereby agrees and does by this Agreement release, convey and waive unto Wife any right, title and interest he has in the property at 10 Birch Lane, Mechanicsburg, Pennsylvania. D. 209-211 Ridge Street, Shippensburg, Pennsylvania. The parties acknowledge that they both own, as tenants by the entireties, an interest with others in the property located at 209-211 Ridge Street, Shippensburg. The parties agree that they shall continue to own said real estate upon their divorce with the other joint tenants. E. Miscellaneous. 1. The parties hereto agree, now and after their divorce that neither will mortgage, pledge or encumber his or her interest in the real estate described in Paragraphs 4.A., B. and D., above, without first obtaining written consent of the other to do so. 2. The parties agree that at any time they mutually agree, they may sell the real estate identified in Paragraphs 4.A., B. and D., above. In addition, the parties agree that if either of them desire to sell their interest in the property identified in Paragraphs 4.A and/or 4.B, above, then the selling party shall first offer his or her interest to the other party for purchase. If the other party desires to purchase the interest of the offering party, then the parties agree that they shall select a real estate appraiser licensed in the Commonwealth of Pennsylvania to appraise the real estate for purposes of establishing a current fair market value. If both parties approve of the fair market value of the real estate established by the appraiser chosen, the party purchasing the offering party's interest in the real estate shall close on the purchase of the real estate within 90 days of the date the appraisal is provided to both parties. If the purchasing party is unable to close on the purchase of the real estate within the 90 days period state above, unless extended by mutual agreement of the parties, the parties agree to immediately sell said real estate. The parties agree that in the event of the death of one of the parties hereto, the estate of the deceased party shall offer to sell the real estate described in Paragraphs 4.A. and B., above, to the surviving party and the procedure for determining the fair market value and settlement shall apply as described above. 5. BANK ACCOUNTS. The parties acknowledge that all bank accounts have been or will be divided equally or as the parties shall mutually agree. 6. INVESTMENT ACCOUNTS. PENSION AND RETIREMENT ACCOUNTS. The parties acknowledge and agree that Husband is the title owner of two IRA accounts, one of which is invested in Pioneer II mutual fund and another IRA invested in American Balanced Fund, a mutual fund. The parties agree that Wife shall receive one-half of the Pioneer II IRA less $1,500 and one-half of the American Balanced Fund IRA, both portions of which are to be transferred into a qualified account or accounts in Wife's name. The parties further agree that Wife is the owner of an IRA account invested in the Phoenix mutual fund. Husband hereby waives, conveys and releases to Wife any right or interest he has in that IRA account. Husband acknowledges that he participates in a 401K retirement plan through his employment, which plan is invested through Orrstown Bank. The parties agree that Wife shall receive 50% of Husband's 401K plan account, which share shall be transferred into a qualified account to be established by Wife. The parties agree to cooperate and execute all documents necessary, including, but not limited to, qualified domestic relations orders, necessary to divide and transfer interests in the accounts as specified above. 7. DEBT. MARITAL DEBT AND FUTURE OBLIGATIONS. The parties acknowledge and represent that there are no other joint debts of the parties. The parties further agree that each shall be responsible for any and all existing debt in his or her respective name, whether incurred before or during marriage. The parties acknowledge and agree that any and all debt and obligation incurred by either of them from the date of their separation of September 1, 2004 shall be the sole and separate liability and responsibility of the parry incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debt or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial Agreement. 8. AUTOMOBILES. The parties acknowledge that Husband is the sole owner of a 1989 Chevrolet pickup truck and Wife is the sole owner of a 1992 Dodge Caravan, neither vehicle being encumbered by a loan or lien. Each party shalt retain sole and exclusive ownership, possession and use of his or her vehicle described above. 9. COUNSEL FEES. The parties agree that each shall be responsible for his or her legal fees and costs incurred by them associated with the initiation, processing and completion of the Divorce Action and the preparation, negotiation, consummation and compliance with the provisions of this Post-Nuptial Agreement. 7 10. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party waives and releases the other party of and from any and all claims which either may have against the other for spousal support and for claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 11. DIVORCE. The parties agree to terminate their marriage by mutual consent and each agrees to execute and deliver the necessary affidavits, waivers and consents in the Divorce Action concurrently with their execution of this Agreement. 12. TAX IMPLICATIONS AND MATTERS. The parties agree that in the event it is determined that there is any future tax liability of the parties, which liability relates to any year the parties were married and filed jointly, then in such event, the parties will contribute to the payment of such liability in proportion to their respective incomes for the year to which such liability pertains. The parties hereto agree to retain all tax returns pertaining to the years of their marriage for a period of five (5) years after the date of this Agreement. 13. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 14. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 15. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 16. BREACH, INDEMNIFICATION. If either party hereto breaches any provision hereof, then the nonbreaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all reasonable legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. Each party agrees and covenants to indemnify and hold harmless the other party from any and all liability and/or claims and/or damages and/or expenses (including attorneys' fees and expenses of litigation) that the indemnitee may sustain or may become liable or answerable in any way whatsoever, or shall pay upon, or in the consequence of, the indemnitor's breach of any obligation, term or covenant of indemnitor under this Agreement, including, but not limited to, indemnitor's obligation to make any payment provided for herein. 17. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect 9 explained to them by independent counsel of their choosing and each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 18. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. WAIVER/MODIFICATION. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. This Agreement can only be modified in writing executed by both parties hereto. 10 20. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 21. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 22. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: ? (SEAL) Steve T. Zeigler (SEAL) ac 'e M. Zei ler 11 r a ? 'i? STEVE T. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-291 CIVIL TERM JACKIE M. ZEIGLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2006. 2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: ? - 31 - d (v - --1) - '::::7' 12A Steve T. Zeigler, Plaintif; LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 7?0 L ?- t', ?? .J ? _ " -r ` _ " _ tr 7 _ h? rr .. S ',i ri, STEVE T. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-291 CIVIL TERM JACKIE M. ZEIGLER, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2006. 2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: July 31, 2006 kie M. Z igler, D LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r? ;,z .? _ to I`1 _ eC. C ? STEVE T. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-291 CIVIL TERM JACKIE M. ZEIGLER, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: ?? ?-3l-off Steve T. Zeigler, Plaint LAW OFFICES SNELBAKER & BRENNEMAN, P.C. P..] ?_ ??? t' -? ?_ -?' 11i -> ..?-? ?:y ?``i STEVE T. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-291 CIVIL TERM JACKIE M. ZEIGLER, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: July 31, 2006 l *Je Ze gler, Def alert LAW OFFICES SNELBAKER & BRENNEMAN, P.C. _a . i1 f"'J Cl r STEVE T. ZEIGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 06-291 CIVIL TERM JACKIE M. ZEIGLER, Defendant : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please 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 and manner of service of Complaint: by certified mail, restricted delivery on Defendant on January 19, 2006 (see Affidavit of Service filed January 24, 2006). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: July 31, 2006; by the Defendant: July 31, 2006. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: July 31, 2006; by the Defendant: July 31, 2006. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. Date: July 31, 2006 By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STEVE T. ZEIGLER, VERSUS JACKIE M. ZEIGLER DECREE IN DIVORCE AND NOW, 49u?-- /9 -?, IT IS ORDERED AND DECREED THAT STEVE T. ZEIGLER AND Plaintiff N O. 2006-291 CIVIL Defendant JACKIE M. ZEIGLER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC VDIN?THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; WDI`?- - xi The partiea' no r x.pti 7 Agrpnt a tad Illy 31, 2006 is incorporated but not merged into this Decree. BY THE CO/JRT: A J. -V,::?4z P/0- Q ARY Ivy! STEVE T. ZEIGLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-291 CIVIL TERM JACKIE M. ZEIGLER, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION TO APPROVE QUALIFIED DOMESTIC RELATIONS ORDER Defendant Steve T. Zeigler, by his attorneys, Snelbaker & Brenneman, P. C., submits Motion to Approve Qualified Domestic Relations Order and in support thereof states the following: 1. The parties to this divorce action were divorced by Decree In Divorce dated August 8, 2. On July 31, 2006 the parties entered into a Post-Nuptial Agreement, a true and correct of which was filed in this action on July 31, 2006. 3. Pursuant to the Post-Nuptial Agreement, Defendant is to receive a portion of tiff s 401(K) retirement benefit pursuant to a Qualified Domestic Relations Order. 4. A Qualified Domestic Relations Order has been approved by the administrator for Plaintiffs retirement savings plan. 5. The parties desire that a Qualified Domestic Relations Order consistent with the parties' Post-Nuptial Agreement be issued by this Court. 6. Defendant Jackie M. Zeigler, who is not represented by counsel, consents to this Motion being filed with this Court, as noted by her signature below. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WHEREFORE, Plaintiff requests this Court to enter the Qualified Domestic Relations attached to this Motion. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Steve T. Zeigler Date: )VI 31, U&7 This Motion is approved and consented to by Jackie M. Zeigler this dl day of 2007. r I Ja kie ei r .t i LAW OFFICES SNELBAKER & -2- BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Qualified Domestic Relations Order be served the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Jackie M. Zeigler 2087 Rocksbury Road Shippensburg, PA 17257 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Steve T. Zeigler August 3, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C) °• ma . y t AUG 0 62007 STEVE T. ZEIGLER, Plaintiff V. JACKIE M. ZEIGLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-291 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 7 day of 4 2007, based upon the Post- Agreement between the parties dated the July 31, 2006, we hereby find as follows: A. The parties hereto were formerly husband and wife and were divorced by a final (Decree In Divorce entered by this Court in the above-captioned action on August 8, 2006. B. Among the marital assets owned by the parties was the Plaintiffs interest in a plan (known as the John W. Gleim, Inc. 401(K) Profit Sharing Plan held by Orrstown Bank j(hereinafter the "Plan"). C. The Plaintiff, Steve T. Zeigler, was, during the parties' marriage, a participant in said (Plan and accrued certain rights and benefits in the Plan. Plaintiff Steve T. Zeigler is hereinafter preferred to as the "Participant". D. The parties' Post-Nuptial Agreement (the "Agreement") dated the July 31, 2006, lprovided, inter alia, for a division of Plaintiffs retirement account in the Plan and a transfer of an interest therein to a qualified account established by Defendant. E. Pursuant to the Agreement, Defendant Jackie M. Zeigler is to be an Alternate Payee of a portion of Participant's account in the Section 401(K) Plan. F. The parties require a Qualified Domestic Relations Order to implement properly the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. of the Agreement with respect to the division of Plaintiffs interest in the Plan. G. The third party Plan administrator is Smith, Elliott and Kearns (the "Plan H. The pertinent information relevant to the Participant is: Name: Steve T. Zeigler Current Address: 411 Hollowbrook Drive, Carlisle, PA 17013 Social Security No.: 162-48-1763 Date of Birth: September 26, 1955 1. The pertinent information relevant to the Alternate Payee is: Name: Jackie M. Zeigler Current Address: 2087 Roxbury Road, Shippensburg, PA 17257 Social Security No.: 174-54-9259 Date of Birth: October 19, 1959 NOW THEREFORE, based upon the above findings, the parties' Agreement and the Relations Law of the Commonwealth of Pennsylvania and to implement the terms and isions of the Agreement, it is hereby ORDERED, DECREED and DIRECTED as follows: 1. As soon as administratively possible after the date of this Order, the Plan shall transfer from within Participant's 401(K) retirement plan account 50% of 401(K) plan account as of July 31, 2006 by way of one lump sum distribution to Payee, said sum to be subject to earnings and losses accrued on said 50% portion and th said sum to be free of any outstanding loans with such loan or loans, if any, to be or remain to Participant's plan benefits. The sum identified above transferred into the account in Alternate Payee's name shall be sole and separate property of Alternate Payee, free of any claim by Participant and the sums LAW OFFICES II SNELBAKER 8C -2- BRENNEMAN, P.C. ining in Participant's 401(k) retirement plan account upon the transfer shall be and the sole and separate property of Participant, free of any claim by Alternate Payee. 2. Upon the death of the Alternate Payee prior to the receipt of distribution to the Payee, such benefits shall be distributed to the Alternate Payee's beneficiary on record , if none, to the estate of the Alternate Payee. In the event of the death of the Participant after qualification, but prior to the receipt of a ion to the Alternate Payee, the Alternate Payee shall be entitled to the benefits assigned 3. The Participant shall cause a copy of this Order to be served on the Plan s). This Order shall remain in effect until a further order of this Court. Nothing in this Order shall be construed to require the Plan or Plan Administrator: (a) To provide to the Alternate Payee any type or form of benefit not otherwise available to the Participant under the Plan; (b) To provide to the Alternate Payee increased benefits not available to the Participant; or (c) To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order determined by the Plan Administrator to be a QDRO before this Order is determined by the Plan Administrator to be a QDRO. 4. This Order is intended to be a Qualified Domestic Relations Order under the Internal Code and the regulations promulgated pursuant thereto and shall be treated as such. 5. This Court shall retain jurisdiction of this matter for purposes of amending, modifying LAW OFFICES SNELBAKER & -3- BRENNEMAN, P.C. enforcing this Order or any subsequent amendment thereto. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. -4- :_t.1 c? ::D N C.?