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HomeMy WebLinkAbout02-2081KAREN E. ZEIDERS, Plaintiff JOEL L. ZEIDERS, Defendant IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GPJLNTED, YOU MAY LOSE THE RIGHT TO CLAIM ~ 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. Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 KAREN E. ZEIDERS, Plaintif£ JOEL L. ZEIDERS, Defendant IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE CIVIL TEP. M AFFIDAVIT OF ~ARRIA~E COUNSELING I, KAREN E. ZEIDERS, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: EN E. ZEIDE~S, Plaintiff Sworn and subscribed to before me this ~'~ day _ ~ Notary Public KAREN E. ZEIDERS, Plaintiff JOEL L. ZEIDERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE # 0.%, .~0~] CIVIL TE~M COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, KAREN E. ZEIDERS, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avers as follows: 4° 6° Plaintiff, KAREN E. ZEIDERS, is an adult sui juris, who currently resides at 5 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, since July 2001. Defendant, JOEL LEE ZEIDERS, is an adult sui juris, who currently resides at 213 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 since July 2001. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on November 23, 1972, at Elliottsburg, Perry County, Pennsylvania. There h~ve been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. Neither party is a member of the Armed Forces of the United States. COUNT I (a)- INDIGNITIES $301 (a) (6) Of the Divorce Code Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. The averments under this Count are not collusive. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT I (b) - IRRETRIEVABLE BREAKDOWN 3301 © of the Divorce Code 10. Paragraphs 1 through 9 are hereby incorporated by reference and made a part hereof. 11. The marriage is irretrievably broken. a. Plaintiff and Defendant have lived separate and apart since April 1, 2001. 12. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to participate in counseling. 13. Plaintiff requests the Court to enter a decree of divorce. COUNT II - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 16. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. COUNT III - COUNSEL FEES~ COSTS, EXPENSES 17. Paragraphs 1 through 16 are hereby incorporated by reference and made a part hereof. 18. Plaintiff has retained the services of Ruby D. Weeks, Esquire, and the counsel fees, costs, and expenses for representation in this action will be substantial and continuing. 19. Plaintiff is without sufficient funds, income, or assets to pay the full amount of such counsel, fees, costs, and expenses. She is requesting reimbursement for one-half of these expenses. 20. Plaintiff will need to retain the services of an appraiser and other experts with regard to this action. 21. Defendant is financially able to provide for these expenses of Plaintiff. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. K~EN E. ZEIDE~S, Plaintiff Ruby D. ~eeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, PA 17013 (717) 243-1294 C0M~01~J~T~ 0P PENNSYLVANIA COUNTy 0~ C~aLA~D The above named, KAREN E. ZEIDERS, being duly SWOrn according to law, deposes and Says that the facts contained in the foregoing Complaint are true and COrrect, and the Complaint is not made out of levity or by collusion between her and the said Defendant for the mere purpose of being freed and Separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the Said Complaint. SWOrn and subscrib~ to before me this ~ day of ~ 200_/2. Notary Public ' u- ~u~u KAREN E. ZEIDERS, Plaintiff JOEL L. ZEIDERS, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE ._ : # C02-~b~l CML TERM AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for KARENE. ZEIDERS,, being duly sworn according to law, depose and say that a true and correct copy of the DIVORCE COMPLAIN, was served on JOEL L. ZEIDERS, at 213 ]~%RLETTE DRIVE, MECHANICSBURO, CUMBERLAND COUNTY, PENNSYLVANIA, 17050, by mailing the same to him by certified mail, restricted delivery, No. 7000 1670 0001 8777 4274, on April 29, 2002 Service was accepted on May 3, 2002. Ruby', Esquire Sworn and subscribed to befor~e me. this ~]~ dayAa of '.-'IIJLli, , 20U~. Notary Public ~ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee [ 13, ~ , I II I ~U I I ......... !__'heido-r-$ St t L No.: ~r ..... ~. ~}j. ......................................... 'c""~,~'~' ............................................ CARLISLE MPO CARLISLE, Penneylvanie 170132935 04/30/2002 (717)243-3§31 04:00:00 PM Sales Receipt ,Jct Sale Unit Final -lptton Oty Price Price ANICSBURG PA 17050 $0.57 t-Claee strtcted Delivery $3.20 turn Receipt $1.50 rtified $2.10 abel Serial #: 70001670000187774274 Issue PVI: $7.37 $7.37 by: $10.00 ~ge Due: -$2.63 Bill#: 1000200743986 Clerk: 02 Refunds only per DMM P014 -- Thank you for your business Customer Copy Ps Form 3811, March 2~01 L ~ ~ ~ 1025~5-01q~-1424 UNITED STATES r'OST4L SERVICE. Date: 05/07/2002 Fax Transmission To: CAROL MORROW I-ax Numl3er; /1/-Z4;:I-4/U4 Dual C, AFI,~L M~IqROW, ~aare.~ or HeCiplent': ~/,~ '7'~~ ~ Thank you f~r soloctlng tho Postal $orvtoo for your mailing noods, If you roquiro additional a&e, iotanco, ploa=o contact your local Po=t Offlco or po&iai roprocontatlvo, Sincerely, United States Postal Service KAREN E. ZEIDERS, Plaintiff V. JOEL L. ZEIDERS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 02-2081 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Melissa L. Van Eck, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., in the above referenced matter. METZGER, WICKERSHAM, KNAUSS & ERB Date: May 22, 2002 Melis~a L. Van l~k, Squire- Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Defendant Joel L. Zeiders Document #: 234960.1 CERTIFICATE OF SERVICE AND NOW, this 22nd day of May, 2002, I, Melissa Van Eck, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Defendant, hereby certify that I served a copy of the within Praeeipe for Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Ruby D. Weeks, Esquire 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff Karen E. Zeiders METZGER, WICKERSHAM, KNAUSS & ERB Date: May 22, 2002 Melissa I~.Van Eck Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 Attorney for Defendant Joel L. Zeiders Document ti: 234960.1 PROPERTY SETTLEMENT A~TT THIS AGREEMENT, dated the ~ day of ~.. , 200~, by and between Joel L. Zeiders, residing at 213 Marlette Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, Social Security Number 181-38-9806, hereinafter called the 'Husband", and Karen E. Zeiders, formerly Goodling, residing at 5 Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050, Social Security Number 159-52-3229, hereinafter called the "Wife", who agree as follows: W I TNE S SETH : WHEREAS, the parties are Husband and Wife, having been married on November 23, 1972, in Elliotsburg, Perry County, Pennsylvania. The parties separated April 1, 2001. WHEREAS, there have been issue of the marriage, to wit: Christopher Alan Zeiders, born June 23, 1973, Jeremy Patrick Zeiders, born August 27, 1974 and Trevor Nathaniel Zeiders, born February 19, 1978, hereinafter referred to as the Children. Ail of the Children are over 18 years of age. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband 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 promises and of the 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. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or 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 a 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 prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301© of the Divorce Code of 1980 as amended by Act No. 1990, 206 effective 3-19-91. 2. EFFECT OF DECREE, NO MERGER Neither party to any such action shall ask alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances,,. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 3. DISTRIBUTION DAT~ The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Melissa L. Van Eck, Esquire, for Husband, and Ruby D. Weeks, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge 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. 5. FINANCIAL DISCLOSU~ The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and that neither party wishes to exercise their right to have appraisals by experts as to the value of the various interests of the other party. They understands that such appraisals would be necessary to fix the fair market value of these interests for purposes of equitable distribution. 6. WARP. AN~"~ OF DISCLOSU~ The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 7. OBTAINING INFORMATION ON FINANCE~ Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. 8. FILING INVENTORIES ~ APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the Court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 9. PERSONAL RI~'~'S Wife and Husband 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 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. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 10. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 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, of and 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 curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or © 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 this Agreement or for the breach of any 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 thereof. 12. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited.to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 13. Real Propert¥~ The parties recognize that they own as tenants by the entirety real property known as 215 West Main Street, New Bloomfield, Perry County. For the mutual promises and covenants contained in this Agreement, Wife agrees to convey to Husband all right, title, claim, or interest she may have by equitable distribution or otherwise in and to this property. This conveyance shall take place within thirty (30) days of the date of this Agreement. It is recognized that this conveyance is subject to an existing first mortgage having an approximate balance of $53,540.00. Husband agrees to indemnify Wife for any loss, including counsel fees, that she might suffer as a result of default upon this mortgage. Husband is to refinance in his sole name the mortgage on this property within 30 days of the date of this agreement. Husband shall pay to wife at the time the deed transfers to his sole name, $20,000.00 by certified check. 14. BANKRUPTCY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor- spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 15. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to si~n, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of social security benefits to which either party may have a vested or contingent right or interest at the time of the si~ning of this Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the si~ning of this Agreement both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 16. ~ENERAL= (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. (3) Husband and Wife agree that Husband shall pay all costs, including attorney fees, of transferring any property necessary to be titled from joint ownership to that of either party. 17. MOTOR VEHICLES= With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1991 VW Jetta titled to Husband, shall become and remain the sole and exclusive property of the Husband. This vehicle has been sold and the proceeds remained with the husband. There is no lone for this vehicle. (b) The 1998 Dodge Status, titled jointly, shall become and remain the sole and exclusive property of the there son Trevor once the loan on the vehicle has been paid in full. It is security for a loan at Chrysler Financial Corp which the son shall continue to make payments on. 18. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 19. F~TURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party 10 solely for their ow~ benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 20. WARP~a/~Ty AS TO ~YT~TING OBLI~ATIONS~ Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 21. WAI~P~TTy AS TO FI~TuKE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 22. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties, since the assumption is not binding on the creditor, the 9arty assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable, should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 23. WAIVER OF SPOUSAL SUPPORTr ALT~O_Ny P~ENTE LITE, AND ALISOn, The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with 11 which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed, wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 24. RETIREMENT FUNDS A. The Husband, who has been employed has accumulated benefits in his retirement accounts with the Board of Pensions, Evangelical Lutheran Church, the Aid Association for Lutherans, etc.. It is agreed by the parties that the Wife shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. B. The Wife, who is employed at Carlisle Regional Medical Center, Carlisle, Pennsylvania, also has retirement and other employee benefits. These are all post-separation. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of her employment. 25. DIVORCE The Wife has filed a Complaint in divorce seeking a divorce on the basis of mutual consent. Husband and Wife both agree that both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. The parties agree to pay all their own counsel fees, costs, and expenses incident to obtaining the aforesaid divorce. AND the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 12 26. ATTORR~Y FEESf COSTS & EXPENS~ The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 27. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 28. LAW OF PENNSYLVANIA APPLICAB?.~ This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 29. 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. 30. 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 her or his obligations under any one 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. 13 31. 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. 32. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. WAIVER OR MODIFICATION TO BE IN WRITIN~ 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. 34. kuTuAL COOPEP, ATION 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. 35. AGREEMENT BINDING ON HEI~ 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 36. OTHER DOC~ATION Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, 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. 37. HEADINGS NOT PART OF A~m~ Any headings 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 /ts meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness Joel L. Zeider~~ '~ Kar~n E. Zeiders~' 15 COMMONWEALTH OF PENNSYLVANTA COUNTY OF CUMBERLAND On this, the //~day of ~, 207~_, before me, a Notary Public, the undersigned officer, personally appeared Joel L. Zeiders, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the pu~e~,n contained. / Notary Public ~AFIOL A. LYTE~ NOlaly ~ I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :BB On this, the ~ day of 3~F~ 20~h~_, before me, a Notary Public, the undersigned officer, personally appeared Karen E. Zeiders, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Public 16 KAREN E. ZEIDERS, : : Plaintiff . : JOEL L. ZEIDERS : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 02-2081 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was flied on April 29, 2002, and served upon Defendant on May 3, 2002. 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 ora final Decree of Divorce after service of Notice of intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Document #: 241054.1 KAREN R. ZEIDERS, JOEL L. ZEiDERS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #02-2081 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 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 unsworn falsification to authorities. Dated: q !,Q. ~ )0~ ~~J ~. ~Z,~'~/~J Kamen E. Zeiders~ Sworn and subscribed to before~ b . -- -me this ~ day of I I Notary Public' ~ KAREN E. ZEIDERS, JOEL L. ZEIDERS, To the Prothonotary: Plaintiff : Defendant : #02-2081 CIVIL PRAECIPE TO TRANSMIT RECORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE TERM Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) 2. Date and manner of service of the complaint: sent certified mail, restricted delivery, No. 7000 1670 0001 8777 4274 on A ril 29 2002 service was acce ted on Ma 3 2002. 3. (a) Date of execution of the affidavit of consent required by Section 330 l(c) of the Divorce Code: by the plaintiff 9/25/02; by the defendant 9/11/02. 4. Related claims pending: none. 5. Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: .9/26/02 9/26/02 Date defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: Date: September 27, 2002 ~ Plaintiff Ruby D. Were, Attorney for the I~A~EN E. ZEIDERS, JOEL L. ZEIDERS, Plaintiff : Defendant : IN THE COURT OF COMMON PLEAS OF Cu~BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE #02-2081 CIVIL TERM PRAECIPE TO WITHDEAw COUNTS IN DIVORCr TO THE OFFICE OF THE PROTHONOTARY: Please withdraw the previous requests for Indignities, Division of property under Section 53502 of the Divorce Code, Counsel Fees, Costs, Expenses, in the above captioned divorce action since these matters have been satisfactorily resolved between the parties through a Property Settlement Agreement entered into September 25, 2002. Dated: Attorney for Plaintiff cc: Ruby D. Weeks, Esquire Melissa L. Van Eck, Esquire IN ThE COURt Of COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ]{J~EN E. ~.E'rDERS, PL~'rNTTFF VERSUS JOEL 'r.. V.E'rDERS, DEFENDAITT PENNA. #02-208Z CIVIL TERN AND NOW, DECREED THAT AND Decree IN DIVORCE KAREN E. ZETDERS JOEL L. ZEZDERS ORDERED AND , PLAINTIFF, , 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 F~NAL ORDER HAS NOT YET BEEN ENTERED; A PROPERTY SETTLEMENT AGREEMENT IS ATTACHED AND MADE A PART HEREOF FOR PURPOSES OF ENFORCEMENT. ATTEST: