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Home My WebLink About06-1858 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CJi.- /f.s'y CiuJ {.Lv-. MELISSA A. ZEIGLER, Plaintiff MICHAEL L. 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 of other rights important to you, including the custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary. 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 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0<:"- 1$'.5'1 MELISSA A. ZEIGLER, Plaintiff MICHAEL L. ZEIGLER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Melissa A. Zeigler, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Melissa A. Zeigler, an adult individual currently residing at 7 Sandy Court, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Michael L. Zeigler, an adult individual currently residing at an unknown address in Thompsontown, Juniata County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Piaintiff and Defendant were married on May 8, 1999, in Cumberland County, Pennsylvania. 5 There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I . Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part hereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301 (c) of the Divorce Code. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count II - EQuitable Distribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as if set forth at length. 12. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III - Spousal Support and/or Alimony Pendent Lite and Permanent Alimony 13. The allegations in Paragraph 1 through 12 are incorporated herein by reference and made a part hereof. 14. Plaintiff is unable to sustain herself during the course of this litigation. 15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 16. Plaintiff requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite and/or alimony in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. Count IV- Counsel Fees. Expenses and Costs of Suit 17. The allegations of Paragraphs 1 through 16 are incorporated herein by reference and made a part hereof. 18. Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 19 Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 20. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 21. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Count V . Custody 22. The allegations of Paragraphs 1 through 21 are incorporated herein by reference and made a part hereof. 23. Plaintiff is seeking primary physical custody of the minor children: Mackenzie N. Zeigler (DaB 10/16/02) and Mikayla A. Zeigler (DaB 6/23/00). The children were not born out of wedlock. The children are presently in the custody of mother, who resides at 7 Sandy Court, Enola, Cumberland County, Pennsylvania. During the past five years, the children have resided with their parents. 24 The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the children. 25. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with his friend William Amrhein. 26. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 27. The best interest and permanent welfare of the children will be seNed by granting the Plaintiff primary physical custody. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody of the minor children. RESPECTFULLY SUBMITTED, r.... Date: ~/..;;;]/O f. C sRector s ire (ID#39121) 1104 Fernwoo Avenue. Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date 3!J'3!CXp nvr- /~~lJcVA t# ~_ Melissa A. Zeigler . 8J~~ ~J ----.. ....j ~ .......... ~ o -- -- ......'l -6' - :l W \J ~. ~ ()c t .. } (~") r:;.;:: l',-' i,::J _ -)1 " .---1. -r ::.,:\ 11'1 ~ " CJ -0 PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA A. ZEIGLER v. 06-1858 CIVIL ACTION LAW MICHAEL L. ZEIGLER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW. Wednesday, April 12, 2006 , upon consideration of the attached Complaint, it is hereby directed that partics and thcir respcctive counsel appear before Melissa P. Greevy, Esq. . thc conciliator, at MDJ MaIlI.<>ve,}.2~.1 State St., Camp Hill, P A 17011 on Friday, May 05, 2006 at 12:3DM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to rcsolve the issues in dispute; or if this cannot be accomplishcd, to define and narrow thc issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the confercnce may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevv. E.s:'1--~ Custody Conciliator f I The Court of Common Pleas ofCul11ber1and County is required by law to comply with the Americans with Disabilitcs Act of 1990. For infonnation about accessible facilities and reasonahle accommodations available to disabled individuals having business before the court, please contact our offlce. All arrangements must be made at least 72 hours prior to any hcaring or business be!(lI'e the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN ATTORNEY 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, Pennsylvania 17013 Tclephone (717) 249-3166 -Qli'2"''j?(~t' ~ 1'1T'l7Vl/ ~~ . tf?7 Z fP:trenr/ c1'~;/;:' ~;l!:7~1/ ~ /P"~ k~ .-/9 i'" -~: . -) :'! ;-' .., ~ I ".' ~-j .' :., . .:/ \ "'. ~; .' ,-' 'lJ c7C 17 '7.)- (;:1(" /1 -?V' :;rl1 " j RECEIVED MAY 1 ~ JODB Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1858 CIVIL TERM MELISSA A. ZEIGLER, v. MICHAEL L. ZEIGLER, CIVIL ACTION - LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this nt\\ day of May, 2006, upon recommendation of the Conciliator, the agreement in the form as attached is hereby adopted as an Order of Court. BY THE COURT: ~ i. uj \ '-j J. Dist: r v'lN\f/\lAsr<t{3d , 'Nr'I'. ,",''','", .... '"'-'fln''' I\.J.. !\.',.' '..,,' '-:<:1: ~ v SO :6 \eN S I AVW 900Z Al:lV10NOI:LCbd 3H1 :10 30IJJO-G311:l NO. 06-1858 . Primary physical custody should be granted to Melissa. . Mike should be granted temporary physical custody every other weekend, Wednesday nights and two weeks in the summer. . Weekends are defined as Friday night from 5:00 pm through Sunday night at 5:00 pm. . Weekend temporary physical custody will begin on Friday, May 5th and continue thereafter every other weekend. . For at least the first two weekends that Mike has temporary physical custody of the girls (May 5-7 and May 19-21), custodial care will be at Mike's parents' place of residence. After the first two weekends, if Mike has proven that he has not consumed ANY alcohol while he has the girls in his care, he may then care for the girls on his weekends at his own place of residence. . Until Mike has his own place of residence, he will only care for the girls on his weekends at his parents' house. . On Wednesday evenings, Mike will pick the girls up from school, or from Melissa's place of residence when they get home from school, and will return them to Melissa's place of residence no later than 8:00 pm. . If Kayla has homework on the evenings that she is with Mike, or on Friday evenings of the weekends that they are with Mike, he will work with Kayla to make sure that the homework is done before returning the girls to Melissa. . When Mike has temporary physical custody of the girls, he will pick them up from Melissa's place of residence and return them there. . For the two weeks in the summer that Mike has temporary physical custody, he needs to check with Melissa ahead oftime to make sure that there are no prior arrangements with the girls for the weeks he chooses to have them. If no other arrangements have already been made for the weeks that Mike chooses, he may have the girls for the weeks that fit into his schedule. . Every Mother's Day, regardless of who has the girls that weekend, the girls will be with Missy. . Every Father's Day, regardless of who has the girls that weekend, the girls will be with Mike. . Each parent must notifY the other on or before 5/I/xx in writing of their requested summer vacation dates. . If either of the children become seriously ill, have a life-threatening emergency, or are taken to the emergency room or hospital, the parent they are with will notify the other parent immediately. . Neither parent can defame the character of the other parent in front of the girls. . Mike may not transport the girls on a motorcycle without prior permission from Melissa. . Mike may not consume any alcoholfdmgs while the children are in his care, or he will forfeit all unsupervised visitation with the children. . Holiday custody as follows for even-numbered years: o Mike will have the girls for New Year's Day, Easter, July 4th and Thanksgiving. For Thanksgiving, Mike can pick the girls up from ". NO. 06-1858 Melissa's place of residence at 5:00 pm the night before and will bring them back home by 3:00 pm Thanksgiving Day. o Missy will have the girls for Memorial Day, Labor Day, Christmas and New Year's Eve. On Christmas Day, Mike can pick the girls up at noon and keep them until 5:00 pm December 26th. . Holiday custody as follows for odd-numbered years: o Mike will have the girls for New Year's Day, Memorial Day, Labor Day and Christmas. On Christmas, Mike can pick the girls up at 5:00 pm on Christmas Eve and will return them by noon Christmas Day. o Melissa will have the girls for Easter, July 4th, Thanksgiving and New Year's Eve. On Thanksgiving, Mike can pick the girls up from Melissa's place of residence at 3:00 pm on Thanksgiving day and will return the girls home the next day by 5:00 pm. . Regardless of the holiday schedule above, both Mike and Melissa have agreed that until such time as both girls no longer believe in Santa Claus, they will spent every Christmas Eve/Christmas morning at Melissa's place of residence. \ frr ~ RECEIVED MAY! 6 1006 MELISSA A. ZEIGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1858 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. MICHAEL L. ZEIGLER, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF MacKenzie N. Zeigler Mikayla A. Zeigler October 16, 2002 June 23, 2000 Mother Mother 2. A Custody Conciliation Conference was convened on May 5, 2006 in response to a count in Mother's Divorce Complaint filed on or about March 3, 2006. Present for the conference were: the Mother, Melissa A. Zeigler, and her counsel, Charles Rector, Esquire. The Father, Michael L. Zeigler did not appear. However, the Conciliator talked with him by telephone. 3. Mother reports that she and Father have reached an agreement which she memorialized in a document provided to the Conciliator. The document was signed by the Plaintiff and the Defendant. 4. The Conciliator spoke with Father by telephone to confirm that he knew of the Conference, that he knew of his right to appear, and that he had signed the document presented by Mother. He agreed to the entry of an Order based on the document provided to the Conciliator. His mailing address was confirmed so that a copy of the Order can be sent to Father. ~ .. NO. 06-1858 CIVIL TERM 5. Conciliator. The Conciliator recommends entry of an Order in the form provided to the Date ,,::;?rv- &,v-, Melissa Peel Greevy, Esquire Custody Conciliator '5- 9- 01., :274970 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ day of ~UJ'1'\o _ between MELISSA A. ZEIGLER (WIFE) and MICHAEL L. ZEIGLER (HUSBAND) WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on May 8,1999, in Cumberland County, Pennsylvania. There were two (2) children born of this marriage: Mikayla A. Zeigler (DaB 6/23/00) and MacKenzie N. Zeigler ,2006, by and (DaB 10/16/02). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE AND INTERIM MARITAL SETTLEMENT AGREEMENT. The recitals set forth in the Preamble of this Agreement and the recitals set forth in the parties' interim Agreement dated May 15, 2006, are incorporated herein and made a part hereof as if fully set forth in the body of this Agreement (See Exhibit "A" attached hereto and made part hereof). 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE's Cumberland County divorce action docketed to number 06-1858. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. 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. 2 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony oendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to WIFE by her counsel, Charles Rector. HUSBAND has been encouraged to retain counsel of his choosing and has been specifically advised by WIFE's counsel that 3 WIFE's counsel does not represent his interests either in the above-referenced divorce action nor in any aspect of the preparation and lor review of this Agreement. The parties acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice of counselor having waived such advice of counsel, and 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. 9. FINANCIAL DISCLOSURE. The parties confirm that each party has made a full and fair disclosure to the other of all of their assets, debts and incomes and that each has relied on ttie substantial accuracy of the financial disclosure of the other,as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either 4 party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. 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, and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property. With respect to said division the parties agree that HUSBAND shall receive as his sole and separate property all items currently in his possession and WIFE shall receive as her sole and separate property all 5 items of tangible personal property in her possession. Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: HUSBAND waives all right, title and interest he may have to WIFE in the 2000 Pontiac Grand Am GT. WIFE waives all right, title and interest she may have to HUSBAND in the 2000 Dodge Ram 1500 and the Honda "crotch rocket" motorcycle. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in 6 the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 14. DIVISION OF REAL ESTATE. The parties, by and through their interim Agreement dated May 15, 2006, and attached hereto as Exhibit "A," divided the net proceeds derived from the sale of the marital home known and numbered as 7 Sandy Court, Enola, Cumberland County, Pennsylvania, 17025. WIFE received a check in the amount of $19,186.87. HUSBAND received a check in the amount of $9,311.87. The parties hereby reacknowledge and reconfirm that Agreement in all respects and further waive all right, title and interest in and to such proceeds received by the other. 15. RETIREMENT PLANS. Except as provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. Specifically, HUSBAND waives all right, title and interest he may have in and to WIFE's Highmark 7 Pension Plan and WIFE's Highmark Investment Plan. WIFE waives all right, title and interest she may have in and to HUSBAND's SYSCO Corporation Retirement Plan and HUSBAND's SYSCO Corporation Stock Option Plan. With respect to HUSBAND's SYSCO Corporation Savings Incentive Plan (401K)(SIP), the parties agree as follows: HUSBAND shall take all steps necessary, as soon as practicable, and no later than fourteen (14) days following execution of this Agreement, to roll over to a qualified account of WIFE's choosing the sum of Five Thousand ($5,000.00) Dollars, plus any proportionate increases, should any exist, from February 13, 2006, to the date of roll over. In no event shall the roll over be in an amount less than Five Thousand ($5,000.00) Dollars. HUSBAND shall be solely responsible for payment of all costs associated with the preparation of the documents necessary for such roll over. All document preparation shall be completed by a qualified actuary of WIFE's choosing. The parties acknowledge that this transaction is meant to be a tax free roll over. After the roll over has occurred, HUSBAND shall retain any remainder of the SYSCO Corporation Savings Incentive (401K Plan)(SIP) as his sole and separate property, free from any and all right, title, claim and/or interest of WIFE. However, until said roll over occurs, HUSBAND shall maintain WIFE as primary beneficiary of said account. 16. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares 8 of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and exclusive property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. Both parties acknowledge and agree that the bank accounts held for the benefit of the minor children, for which mother is custodian, shall remain intact and are not subject to distribution by this Agreement. 17 . MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof for any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 18. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest or claim, if any, either party may have in and to 9 any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 19. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of obligations incurred by her. 20. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 21. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy consistent with 11 USC 52(a)5 and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this 10 Agreement shall be subjected to court determination the same as if this Agreement had never been entered into. 22. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 23. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced [and/or finalized], both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division. 24. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT, COUNSEL FEES. MAINTENANCE AND COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 25. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside I I at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business. occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 26. MUTUAL RELEASES. HUSBAND and WIFE each do hereby mutually remise. release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, 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 or by way of dower or courtesy, or claims in the nature of dower or courtesy 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 surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of 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, equitable distribution, 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 12 this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or 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 provisions thereof. 27. CUSTODY. The parties acknowledge and agree that by their joint stipulation regarding custody, an Order of Court was entered on May 17, 2006. The parties hereby reconfirm said custody stipulation in all respects, including the prohibition of the consumption of alcohol/drugs by HUSBAND, both prior to and during his exercise of periods of temporary physical custody. The parties acknowledge that HUSBAND has fathered a child outside of his marriage to WIFE. HUSBAND agrees that in the event he informs either or both of the parties' minor children of the existence and identity to their half (1/2) brother, or in the event that HUSBAND decides that he wants to introduce the minor children to their half (1/2) brother, he shall first inform WIFE of his request and WIFE shall be present at such meeting or during such disclosure to the parties' children. HUSBAND agrees that in the event that such a meeting occurs without WIFE's knowledge and in her absence, or in the event that such disclosure is made to the parties' children in her absence, that he will immediately pay to her the sum of Five Thousand ($5,000.00) Dollars, which payment shall constitute a monetary penalty, payable only if violation of this paragraph should occur. Said non-taxable equitable distribution payment from HUSBAND to WIFE shall be payable within seventy two (72) hours of the occurrence of either of the aforesaid violations of this Paragraph. 13 28. LIFE INSURANCE. HUSBAND agrees to continue maintaining life insurance policy( s) insuring his life with WIFE named as primary beneficiary in an amount no less than One Hundred Twenty Thousand ($120,000.00) Dollars. Said insurance policy(s) insuring HUSBAND's life with WIFE named as primary beneficiary shall continue uninterrupted following execution of this Agreement and shall remain in full force and effect until the parties' youngest daughter, MacKenzie N. Ziegler (DOB 10/16/02), reaches age eighteen (18) or graduates high school, whichever last occurs. HUSBAND shall provide written verification to WIFE of the above-described insurance coverage and beneficiary designation on no less than an annual basis and at additional times as WIFE may request. This obligation shall continue uninterrupted even in the event that HUSBAND changes employment or remarries. 29. 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. 30. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all 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. 31. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 14 32. 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. 33. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 34. 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 to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 35. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party. 15 (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1 ) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages. 16 (d) Any other remedies provided for in law or in equity. 36. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 37. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 38. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 17 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: '7 6tX9 f(~ '-IYJ.o;^~,. j ~q~ ~r "0 18 STATE OF PENNSYLVANIA ( ( COUNTY OF CUMBERLAND (SS. On this, the It? day of 'TuNc.. ,2006, before me the undersigned officer, personally appeared MELISSA A. ZEIGLER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. j#f?- NOTARIAL SEAL STATE OF PENNSYLVANIA ( BRYANJ.KOlB, Notary Public ( East Pennsboro Twp.. County of Clmberland COUNTY OF c.,um ~\o.rd ( SS. My Commission Expires January 13,2010 On this, the /6 day of JVNC ,2006, before me the undersigned officer, personally appeared MICHAEL L. ZEIGLER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. NOTARIAl SEAL BRYAN J. KOLB, Notary Public East Pennsboro Twp., County of Cumberland My Commission Expires January 13,2010 19 '-............. '\ II..... I' , IL..l I'" l..11111....L.L.,.J I'\L.'-I UI\ LJW ~rM^)f 1 r fOll:lOI t-' UUllUUj AGREEMENT THIS AGREEMENT made this 1Slh day of May, 2006. by and between Melissa A. Zeigler, wife and Michael L Zeigler, husband WITNESSETH WHEREAS. Melissa and Michael previously resided together at a property known and numbered as 7 Sandy Court, Enola, Cumberland County. PennsYlvania 17025, which property was the marital home; and WHERf:AS, Melissa flied a Complaint In Divorce en March 30,2006, In the Court of Common Pleas of Cumberland County Pennsylvania and requested inter alia. equitable distribution of martial property; and WHEREAS. the parties have agreed to sell the above-referenced marital heme, which settlement Is scheduled for Monday May 15, 2006j and WHEREAS, Melissa and Michael are desirous of settling the distribution of the net proceeds following the sale of their home. NOW THEREFORE. the parties hereto, Intending te be legally bound hereby, agree as follows: 1. The net proceeds derived from the sale of the marital real estate known and numbered as 7 Sandy Court, Enola, Cumberland County, Pennsylvania 17025 shall be as follows; EXHIBIT I (1 1"1 n .J - I .J - L U U U \ 1'1 U I~ ) I L. I Q. LnnKLC3 KCLIUK C3~ U"HI\)!I!!bIClbl t-'. UUUUUj . a. Melissa shall receIve a check in the amount of $19,186.87 of the net proceeds received at settlement (11 If :b' CL~II. ~7 YV\L --V b. Michael will receive a check in the amount of $8,188.8'1 of the net f . · proceeds received at settlement 2. The parties hereby waive all rlght, tttle, and Interest In and to the proceeds received by the other party. It Is specifically understood that the proceeds received by the other party shall become the sole and exclusive property of the other party . 3. The respective amounts received by each party shall constitute an advance of equitable distribution of the marital estate. 4. The parties are entering Into this agreement without prejudice to their respective rights to seek credit for the amounts received by the other party as against other marital assets not yet distributed. 5. No modlflcatJon or waiver of any of the terms hereof shall be valid unless In writing and slgned 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. This agreement shall be construed In accordance with the laws of the Commonwealth of Pennsylvania. 1"111.J IJ l..UUU\nUI11 ILl I~ Llln"LLJ "LLIU'" C..J1oI ~rH^}11 r fOlelOI 1-'. UUj/UUj .. IN WITNESS WHEREOF. the parties hereto have set their hands and seals the day and year first above written. WITNESS: (11/ Ichael L Zeigler COMMONWEALTH OF PENNSYLVANIA ) ) 55: COUNTY OF CUMBERLAND ) On this t~ day of , 2006, before me a notary public, the undersigned officer. personally ap ared Michael L & Melissa A Zeigler, known to me (or satisfactorily proven) to be the person whose name Is subscribed to the within Instrument, and acknowledged that he executed same for the pUrposes therein contained. In witness Whereof, I h nto set my hand and official seal. '~W COMMONWEALTH OF PENNSYLVANIA Notarial Seal Connie L. Wertz, Notary Public Hampden .T~., Cumberland County My Comm/SSk)n Expires tvx. 8, 2010 Member, Pennsylvania Association 01 Notaries C r~. , '} .', (' ....-, --"n C:' "'f-.. --, Ol.- /p Sf C;uiL[-~ AFFIDAVIT OF SERVICE I. Matthew E. Hunt_of Matthew E. Hunt Private Investigations. 2281 Forest Hills Drive. Harrisburg. Dauphin County. P A 17112-1035. being duly sworn according to law. do depose and state that I personally served a true and correct divorce complaint filed as #06-1858 Civil Court issued by Cumberland County Court at the request of Charles Rector. Esquire. on behalf of Melissa ZIEGLER on Michael ZIEGLER at his place of employment. SYSCO FOOD SERVICES. located at 3905 Corey Road, Harrisburg. PA at 12:45PM on Monday. April 3rd, 2006 by personally hand delivering said divorce complaint to the said Michael ZIEGLER in the parking lot of SYSCO as he entered his vehicle. Server:~ ;f'~::r Matthew E. Hunt In Re: Melissa ZIEGLER vs. Michael ZIEGLER, No. 06-1858 Civil Term. Cumberland Co. Court Date:_April3, 2006_ COMMONWEAL TH OF PENNSYL VANIA COUNTY OF_CUMBERLAND Before me. a Notary Public. in and for the said County and Commonwealth personally appeared _Matthew E. Hunt_to acknowledge the foregoing affidavit of service to be his act and deed and that he executed the same for the purposes set forth therein. Witness my hand and notarial sealtbis 3rd~Y of A ril. 2006. ~- - - No Publi~f _ TAMMy ':'~:AlAl SEAL 1 lower AI/en T,wp UCST, Notary Public My C . ., Umberland COUnty ~ ommlssion Exp' Ires July 5, 2006 '1 c ( MELISSA A. ZEIGLER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1858 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT MICHAEL L. ZEIGLER, Defendant 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 30, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eel OF THE DIVORCE CODE 1. consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein 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. aJ~~A -{velLA, Melissa A. ZeIgler Date: 07/03/06 1'..) c:::::; c-...::} 0"""' o .--n .-1 I U1 N '-71 ..v C') -( MELISSA A. ZEIGLER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1858 CIVIL TERM MICHAEL L. ZEIGLER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 30, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 tel OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein 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/N--/ L !/ Michael L. Zeigler j/ Date: 07/03/06 r-' = c;;, a.... ~.; , ,.j; .....'~ ~~~l ! (.J1 -v -"',,~ ...r.-'" I':'? CD MELISSA A. ZEIGLER, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1858 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MICHAEL L. ZEIGLER, Defendant 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 a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal service to Defendant on Aoril 3. 2006. 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: by the Plaintiff 07/03/06, by the Defendant 07/03/06. (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiffs affidavit upon the Defendant: 4. Related claim pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in ~ 3301 (c) Divorce was filed with the Prothonotary 07/05/06. Date Defendant's Waiver of Notice in ~ 3301 (c) was filed with the Prothonotary 07/05/06. Date: 07/07/06 twJAID~ Charles Rector, Esquire Attorney for the Plaintiff c:' ")"~:.~ " ,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF . . Me';QQ~ ~ ~~i~'or VERSUS MiaRael L. ZQiglQr . . . . . AND NOW, . DECREED THAT . . . PENNA. . . No. nh_1RC;R . . DECREE IN DIVORCE . 1'0\...,\ \\ , l()OCa, IT IS ORDERED AND Melissa A. Zeigler , PLAINTIFF, AND Michael L. Zeialer , 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 The parties' Marriage Settlement Aareement dated June 16. 2006, is attached hereto and incorporated into this Decree for enforcement purposes only pursuant to Section 3105 of the PC:.luJ.o.llvQula DivvJ::,-e Code. YET BEEN ENTERED; . . . . . . ~ ",. '" None . Bm,~ Wr ATTEST: ~. ~. ~ J. ~-'-.~ ~. ~k 93' PROTHONOTARY . . pip.<' ~ ~;t. ?~. eN ~y!l ~ /./I?P'J 'IOe/C-