HomeMy WebLinkAbout94-00263
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THE COURT OF COMMON PLEAS
OF CUMBERLAND
STATE OF
GINA MARIE..ZWANZIGER_ ....._ _...,_
Plaintiff .............
Versus
ANDREW CHRISTIAN.. ZWANZIGER,....
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Defendant
COUNTY
PENNA.
No. -.26.3 ... C-i-vi 1
19 94
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DECREE IN
1 V O R C E4 5;zq PM,
AND NOW, . ...............)01. , 19.9.4.... it is ordered and
decreed that .... GINA.MARIE. Z.WANZI.GER ...................... plaintiff,
and . ANDREW..CHRZSTIAN .ZWANZIGER ......................... defendant,
are divorced from the bonds of matrimony.
ti The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
NQue..... Al.]. matters. have. .been. .resolved. .pursuant. .to . Property:. • ,
y Settlement Agreement dated October. .24 1994 incorrated, into„
.................. .......................c............. P .o.
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Prothonotary
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of 1994,
by and between ANDREW C. ZWANZIGER, hereinafter referred to as
"HUSBAND", and GINA M. ZWANZIGER, hereinafter referred to as
"WIFE"
WITNESSETH, That:
WHEREAS, the parties hereto are husband and wife, having been
lawfully joined in marriage on November 16, 1991, in Mechanicsburg,
Cumberland County, Pennsylvania.
WHEREAS, one (1) child was born of this marriage: Alexandria
M. Zwanziger, born August 20, 1993.
WHEREAS, it is the intention of the parties to settle fully
and finally their respective financial and property rights and
obligations as between each other arising out of the marriage
relationship.
1. DIVORCE
Husband and Wife may and shall live separate and apart. Each
may reside at such place or places as he or she chooses. Neither
party will molest, harass or malign the other or their families.
Both parties agree to sign the appropriate Affidavits and Consents
to secure a divorce as required by the Divorce Code of 1980, as
amended.
2. DEBTS
Husband shall be responsible to pay all debts incurred by
either party while the parties resided in Colorado. Those debts
include, but are not limited to the following:
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a. U. S. West $349.09
b. U. A. Cable 43.27
C. Chiro-Care 140.00
d. Waste Management Co. 46.00
Husband agrees to indemnify and hold Wife harmless for said debts
and any costs of defense related to those debts.
Wife shall be responsible to pay all debts incurred by either
party while the parties resided in Pennsylvania. Those debts
include, but are not limited to the following: All owed to Hershey
Hospital, account numbers are:
e. 00577212-9400 $123.07
f. 00577212-3241 $ 49.05
9. 00577212-3175 $611.33
h. 00586669-3232 $162.86
Wife agrees to indemnify and hold Husband harmless for said debts
and any costs related to those debts.
To the best of the parties' knowledge, no other debts exist.
3. VEHICLES
Husband shall transfer to Wife full right and title to the
1981 Honda 400 Motorcycle (VIN # JN2NC0126BM002027). Simultaneously
herewith, Husband shall provide a Colorado title for said
motorcycle in his name and an executed Power of Attorney to Wife to
enable her to obtain title and registration in the Commonwealth of
Pennsylvania, in her name alone. In the alternative, Husband agrees
to provide Wife with all paperwork, documents and bill of sale for
said Honda 400 Motorcycle, title from its previous owner, and a
2
Power of Attorney from said prior owner to Wife enabling her to
register the motorcycle in her name alone.
4. PERSONAL PROPERTY
Each party shall hereafter own individually and enjoy
independently all items of personal property in their possession,
and hereby waiver any further claims to the property in the
I possession of the other.
5. CUSTODY AND VISITATION
Wife shall have full legal and physical custody of the parties
daughter, Alexandria. Husband shall have, at a minimum, four (4)
times a year visitation as the parties can agree. Husband will give
a minimum of thirty (30) days notice prior to visitation.
6. CHILD SUPPORT
Husband agrees to pay child support through Domestic Relations
in accordance with Order entered in accordance therewith.
7. ALIMONY, SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property
are fair, adequate and satisfactory to them and are accepted by
them in lieu of and in full and final satisfaction of any claims or
demands that may now or hereafter have against the other for
support, maintenance or alimony. Husband and Wife further,
voluntary and intelligently, waive and relinquish any right to seek
from the other any payment for spousal support, alimony and
maintenance.
3
8. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE
Each party hereby releases, waives and relinquishes any and
all rights which he or she may now have, or may hereafter have,
against the other under the present or future laws of any
jurisdiction (a) to share in the estate of the other party upon the
other party; death and (b) to act as executor/rix or
administrator/rix of the other party's estate.
9. ENTIRE AGREEMENT
Husband and Wife warrant that this agreement contains all
promises made by either of them to the other and that there are no
other promises or representations not contained herein.
10. CONTROLLING LAW
This agreement shall be construed and governed in accordance
with the laws of the Commonwealth of Pennsylvania.
11. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS
The parties acknowledge that this Agreement shall become
effective when signed by both parties.
WITNESS:
ANDREW C. MAN E
GIN M. ZW ZIGER Ue)
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COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF CUMBERLAND )
Before me, the undersigned officer, a Notary Public in and for
said Commonwealth and County, personally appeared GINA M.
ZWANZIGER, who being duly affirmed according to law, deposes and
says that the facts and matter set forth in the within and
foregoing Property Settlement Agreement are true and correct to the
best of his knowledge, information and belief.
ANZIGER CJO
ned and subscribed me this ? day of
1994. X11-
Now NewCunurmm%a GrnMx?aMfixnry
MyConnnl i7lb6"W0C 3.Im
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My commission expires: (SEAL)
COMMONWEALTH OF COLORADO
SS.
COUNTY OF ?Je .?a2r
Before me, the undersigned officer, a Notary Public in and for
said State of Colorado and County, personally appeared ANDREW C.
ZWANZIGER, who being duly affirmed according to law, deposes and
says that the facts and matter set forth in the within and
foregoing Property Settlement Agreement are true and correct to the
best of his knowledge, information and belief.
ANDREW C. ZWANZIGER
Affirmed and subscribed to before me this 1 day of
Nouc.„loar , 19
NOTARY P BLIC
My commission expires:
97
(SEAL)
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11
GINA MARIE ZWANZIGER,
Plaintiff
V.
ANDREW CHRISTIAN ZWANZIGER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 263 Civil 1994
. IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section
3301(c) of the Divorce Code.
2. Date and manner of service of the complaint:
Certified Mail. Restricted Delivery P 210 056 936 01/24/94
3. Complete paragraph (a) or (b).
(a) Date of execution of the affidavit of consent
re wired by Section 3301(c) of the Divorce Code: by Plaintiff _
11 2 4 ; by Defendant 11/18/94
(b)(1) Date of the Plaintiffs affidavit required by
Section 3301(d) of the Divorce Code: (2) Date of
service of the Plaintiff's affidavit upon the defendant:
4. Related claims pending: None. All matters have been
resolved pursuant to a Property Settlement Agreement dated October
24. 1994 and incorporated into the divorce decree.
5. Date and manner of service of the notice of intention to
file praecipe to transmit record, a copy of which is attached, if
the decree is to be entered under section 3301(d)(1)(i) of the
Divorce Code.
Dated: 11/28/94 /
Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, Pennsylvania 17070
(717)-774-1445
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MARIE ZWANZIGER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
No. Q (r,3 CiVi I 19q`?
,V CHRISTIAN
IGER, CIVIL ACTION - IN DIVORCE
Defendant :
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
itake prompt action. You are warned that if you fail to do so
he case may proceed without you and a decree of divorce or
;annulment may be entered against you by the Court. A
Oudgement 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,
jincluding custody and visitation of your children.
{ When the grounds for a divorce is indignities or
!irretrievable breakdown of the marriage, you may request
J?arriage counseling. A list of marriage counselors is
;available in the Domestic Relations Office at the County
(Courthouse.
ii IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
iANNULMENT 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.
{ LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
j [717] 240-6200
GINA MARIE ZWANZIGER,
Plaintiff
v.
ANDREW CHRISTIAN
ZWANZIGER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. a&3 C Jq9 c/
CIVIL ACTION - IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Gina M. Zwanziger, an adult individual
residing at 30 Walnut Lane, Camp Hill, Cumberland County,
Pennsylvania 17011.
2. Defendant is Andrew C. Zwanziger, an adult individual
residing at 2793 S Riverview Drive, P.O. Box 84, Idledale, CO
80453.
3. Both Plaintiff and Defendant have been bona fide
residents of the Commonwealth of Pennsylvania for at least six
(6) months prior to filing this Complaint. Defendant has
recently relocated to Colorado and Plaintiff continues her
residency here in Pennsylvania.
4. The Plaintiff and Defendant were married on November
16, 1991 in Mechanicsburg, Cumberland County, Pennsylvania.
¦
5. There is one (1) child born of this marriage.
a Mae Zwanziger, born August 20, 1993.
6. The parties separated on December 6, 1993 and
t left Pennsylvania and moved to Colorado.
7. There have been no prior actions for divorce or
t between the parties.
8. Plaintiff has been advised that counselling is
lable and that Plaintiff has the right to request that the
require the parties to participate in counseling.
9. Neither Plaintiff nor Defendant is in the military
naval service of the United States or its allies within the
isions of the Soldiers, and Sailors, Civil Relief Act of
Congress of 1940 and its amendments.
COUNT I. DIVORCE
INDIGNITIES
10. Paragraphs 1 through 9 of the Divorce Complaint are
'incorporated herein by reference.
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11. Plaintiff is the innocent and injured party, and
,Defendant has offered such indignities to the person of the
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Plaintiff and has been mentally cruel to her so as to make her '
life burdensome and her condition intolerable, in violation of
the marriage vows and of the laws of the Commonwealth.
12. Paragraphs 1 through 11 of the Divorce Complaint are
incorporated herein by reference.
13. The marriage is irretrievably broken.
WHEREFORE, Plaintiff request this Court to enter a decree
in divorce in accordance with the Pennsylvania Divorce Code.
Dated: January 20, 1994
Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. No. 32317
GINA MARIE ZWANZIGER,
Plaintiff
V.
ANDREW CHRISTIAN ZWANZIGER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. dcr3
CIVIL ACTION - IN DIVORCE
AFFIDAVIT REGARDING COUNSELING
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 Domestic Relations Office, which
list is available to me upon request.
3. Being so advised, I do not require 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. CSA Section 4904 relating to unsworn
falsification to authorities.
DATE:
/ GINA M. WANZIGE '
JAH ZI 2 23 PH '94
.abr". thy
GINA MARIE ZWANZIGER,
Plaintiff
V.
ANDREW CHRISTIAN ZWANZIGER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No.
CIVIL ACTION - IN DIVORCE
VERIFICATION
I, Gina M. zwanziger, hereby certify that the facts
set forth in the foregoing COMPLAINT IN DIVORCE are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements made herein are subject
to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
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IT IS HEREBY CERTIFIED THAT THE
WITHIN IS A TRUE AND CORRECT COPY
OF THE ORIGINAL FILED N THIS ACTION
BY ----
ATTURNEY
MARIE ZWANZIGERI : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 263 Civil 1994
CHRISTIAN
.ER CIVIL ACTION - IN DIVORCE
,
Defendant
AFFIDAVIT OF SERVICE
I, Teresa Paulhamus, Secretary to BARBARA SUMPLE-
SULLIVAN, ESQUIRE, do hereby certify that I served a copy of
the Complaint in Divorce in the above-captioned matter by
United States Mail, Restricted Delivery, Certified No. P 210-
056-936, Return Receipt Requested, on the above-named
Defendant, ANDREW CHRISTIAN ZWANZIGER, on January 24, 1994, at
Defendant's last known address: 2793 S. Riverview Drive, P.O.
ox 84, Idledale, CO 80453. The original receipt and return
eceipt card number P 210-056-936 are attached hereto
;evidencing receipt on February 4, 1994.
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February 9, 19940 ' ,
'Dated:
Teresa Paulhamus, Secretary to
Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
i 549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. No. 32317
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IT IS HEREBY CERTIFIED THAT THE
WITHIN IS A TRUE AND CORRECT COPY
OF THE ORIGINAL FILED IN THIS ACTION
BY-- - - --
ATTORNEY
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i'GINA MARIE ZWANZIGER,
Plaintiff
.ANDREW CHRISTIAN
ZWANZIGER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 263 Civil 1994
CIVIL ACTION - IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on February 11, 1994.
2. The marriage of Plaintiff and Defendant is
'irretrievably broken and ninety (90) days have elapsed from
the date of filing of the Complaint.
3. 1 consent to the entry of a final decree of divorce.
4. 1 understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I
do not claim them before a divorce is granted.
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. CSA Section 4904
relating to unsworn falsification to authorities.
Date:
/GINA M. , /ZWANZIG. r`
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1+GINA MARIE ZWANZIGERI
Plaintiff
V.
,ANDREW CHRISTIAN
ZWANZIGER,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 263 Civil 1994
CIVIL ACTION - IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
;Divorce Code was filed on February 11, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably
;jbroken and ninety (90) days have elapsed from the date of filing of
;the Complaint.
3. 1 consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyers 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. CSA Section 4904 relating to
unsworn falsification to authorities.
Date: CG
ANDREW C. Z N GER
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MM ntiff
Vs File No. , 6 3 CAL/I' i 1 -?
NWm-) IN DIVORCE
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Notice is hereby given that the Plaintiff/ defendant in the above matter,
[select one by marking "x" ]
prior to the entry of a Final Decree in Divorce,
or >/, after the entry of a Final Decree in Divorce dated . 9' °4
hereby elects to resume the prior surname of and gives this
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written notice avowing his / her intention pursuant to the sions of 54 P.S. 704.
Date: ,D jot
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF (,ti ,tni aM l AA L
On the 2^ day of A2& C , 2007. before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
FILED-- FICE
OF THE
2009 APR 22 AN I I 1 I
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