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HomeMy WebLinkAbout95-01580 t.. tI J ~ N -I I I \ ~ ,. p! J g \() - . .. ( MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this //fh day of ~~J)t~~ 1995, by and between DEBRA W. ZEMBOWER, hereinafter referred to as "Wife", and GREGORY A. ZEMBOWER, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 27, 1990; and WHEREAS, certain differences arose between the parties as a result of which they separated on January I, 1995, and now live separate and apart from one another, and 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 past, present and future support 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Wife, by her attorney, Edward J. W~intraub, Esquire, and Husband by his attorney, Michael L. Bangs, Esquire, have come _7J[,.(1[: to the following agreement. (Initials) f'OC:;y ~/ I (Initials) , . NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below wife represents and warrants to Husband that since September 1, 1995, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and . ~iL)~ (Initials) save ~~~ harmless from ~(InitiaIS) 2 - . any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since January 1, 1995, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and 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. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: DESCRIPTION AMOUNT RESPONSIBLE PARTY A. Barclay Mortgage $81,975 $14,600 Joint B. PSECU (Van) Joint The parties agree that Debt A was satisfied on september 28, 1995 upon Wife's acquisition of 123 S. 31st Street, Camp Hill and that Wife has also satisfied debt B above and shall indemnify and save Husband harmless from any and all claims and demands made against him by reason of such debts or obligations. .7'Y,0/ ,ijq ~____ ,'nitiais, (Initials) 3 - In the event that either party contracted or incurred any debts, other than those specifically identified herein, since January 1, 1995, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. . 7)l~ ~ (Initials) v!ay (Initials) 4 , '. 7. EOUITABLE DISTRIBUTION: A. Husband has transferred to Wife immediately, all of his interest in and title to their previously jointly-owned real estate at 123 S. 31st Street, Camp Hill, Cumberland County, Pennsylvania, subject to the original mortgage of approximately Eighty-Two Thousand ($82,000.00) Dollars given to Barclay Mortgage, in exchange for which Wife agreed to be solely responsible for the payment of all future mortgage payments, taxes, insurance and utility bills relative to said real estate. Wife agreed to pay and discharge the existing mortgage obligation on said premises and agreed to indemnify Husband from any loss by reason or her default in the payment thereof. Wife assumed sole responsibility for her new separate mortgage from Northwest Mortgage in the amount of Eighty-Three Thousand ($83,000.00) Dollars. (1) Husband has delivered to Husband transferring and conveying to Wife all of his right, title, claim and interest in and to the real estate located at 123 S. 31st Street, Camp Hill, Cumberland County, Pennsylvania. (2) Husband agrees that upon the execution of the deed, Wife became the sole owner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate located at 123 S. 31st Street, Camp "."..a. _, xc "- (Initials) ,~}t4 Y (Initials) 5 " Hill, Cumberland County, Pennsylvania, and that she is entitled to receive any payments now or hereafter due under such insurance policies, except that Wife shall pay to Husband fifty percent (50%) of all insurance refunds she receives from the Department of Housing and Urban Development. (3) Upon execution of this Agreement, Husband shall set over, transfer and assign to Wife all of his right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence. B. CONTENTS OF THE MARITAL RESIDENCE: As of the date of the execution of this Agreement, Husband shall set over, transfer and assign to Wife all of his right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence. C. CONTENTS OF HUSBAND'S RESIDENCE: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Husband's residence. '- 7Jtd 9- (Initials) /f'uy (Initials) 6 D. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as f~llows: (1) Wife shall retain the 1994 Dodge Grand Caravan Van. (2) Husband shall retain the 1986 Acura automobile. (3) All titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. INDIVIDUAL RETIREMENT ACCOUNTS. PENSIONS AND EMPLOYEE BENEFITS: Both parties shall retain and own separate from the claims of the other their separate benefits of employment, pensions, saving plans, IRAS, 401-Ks, bonuses and commissions, except that all income received therefrom shall be considered in computing child support. F. JOINT BANK AND CHARGE ACCOUNTS: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. G. PROPERTY TO WIFE: The parties agree that Wife shall own, possess, and enjoy, free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, 7, I /,' . <. /. (Initials) J;:){I,f~ (Initials) 7 - '. assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. PROPERTY TO HUSBAND: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. I. MISCELLANEOUS PROPERTY: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. CASH DISTRIBUTIONS: At closing on her acquisition of 123 S. 31st Street, Camp Hill, Cumberland County, pennsylvania, and in J"::rJ~ (Initials) ,i) /Jz Y (Initials) B consideration of and in full satisfaction of equitable distribution hereunder, wife paid to Husband the sum of Eleven Thousand Twenty ($11,020.00) Dollars, which she hereby represents was not less than fifty (50%) percent of the parties net equity in 123 S. 31st Street, Camp Hill, Cumberland County, Pennsylvania. K. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY AND CHILD SUPPORT: Both parties mutually waive all support, alimony or maintenance of any kind from the other party. Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her ,7y u-T- (Initials) -1't?~ ! (Initials) 9 Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever. upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of nJ&- ~jJtJ r (Initials) (Initials) 10 .' " this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. Child support has been resolved by the Order of the Court of Common Pleas of Cumberland County (341 of 1995), attached hereto, which may be modified in the event of a significant change of circumstances. 10. HEALTH INSURANCE: Both parties will provide their own health insurance. As provided by her employer, Wife will provide health insurance for Paige. Husband will add the parties child paige to his group sponsored health care coverage. 11. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable --:blue- //}tlr (Initials) (Initials) 11 distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax 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 and any interest, penalty and expense incurred in connection 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. The parties filed jointly in 1994 and shall file separately in 1995 and thereafter. /Jt<.1 f!- (Initials) !)0Y (Initials) 12 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. SUBSEOUENT DIVORCE: Wife at her cost by her Counsel has filed an action for divorce under 3301(c) of the Divorce Code. Husband will consent to the jurisdiction of the Court to enter a final Decree in Divorce. The parties shall execute the Affidavits of Consent attached hereto to enable Counsel for Wife to proceed promptly with a 3301(c) no-fault divorce by mutual consent. ~T't0 7?- (Initials) )per- (Initials) 13 '. The parties further agree that each of them shall be responsible for their own attorney's fees. In the event that such divorce action is concluded, the parties shall be bound by the terms of this Agreement which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, and shall not be modified, but shall in all respects survive the same and be further binding and conclusive upon the parties. This Agreement shall be incorporated for the purposes of enforcement only. 15. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection nJ2 (Initials) .{5o r (Initials) 14 " on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or .7'> (.(1 f2- _bar (Initials) (Initials) 15 '. maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 16. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge /? -::J:::t.<'?;-' (Initials) ~1t1Y (Initials) 16 . . ~ that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any .~lJ~ (Initials) b~/ (Initials) 17 rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 20. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. :t:tJt (Initials) LtI<;~ (Initials) /-7' ~ 18 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 24. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 25. VOID CLAUSES: 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. 26. 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. ::T'>~ (Initials) bC;y (Initials) 19 . IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. 7)j~t&lU.I!-~J?2tWl;/~) Debra W. Zembower ~~.M_AL' g . Z ower 6tJt /W- Edward J. Weintraub, Esquire (VI ' Michael L. B n // ngs, Esquire 20 . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF ell \llbL Ult..v:L ss. of BEFORE ME, the undersigned authority, on this 1/111 day ';\ p (I II )7 { /,' /J d ~__& _~~l 1995, personally appeare Gregory A. Zembower, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. ~ . GIVEN ~NDER MY HAND AND of ~ li~)J)Lbel , 1995. SEAL OF OFFICE THIS IN!, day :/. Notary Pub ic in and for the Commonwea th of Pennsylvania NOT ...iIAl SEAl WENDY S. CHE58RO, Notary Public Camp HiD Bala. Cumborland Ca., p.... lAy CAm"""" bpi'.. Mat 10, 1m 22 >- ..:J' '- !'!= In (.- ;.;..: ~ .. --J _ r w~~ cry ?j~: 'O(] '-"1 . 1 fE~r; - '-. , '"- ,~-") ;--i ~C, -;......, C"\ .....:.... (-. <.. -~.). ci: N :01". ~bU ti:' L:J liJtb r=: 'OJ ::.1 e.. '-I ~.:;; t5 1(') :'5 c:n u , ., - ,. LAW OFFICE ~DW\RD J. WEINTRAUB 2650 NORTH THIRD SlREET HARRISBURG, PENNSYLVANIA 17110 (7171 238-2200 . -. -. FAX (717) 238-9280 . ","-;''''C' ...;._J ,', ~,'~'i~\'~~fB.t~?;~ '.,,~;~,I'L':~~. ~:'~'. :': :t,i', :'~/'.Ji_i,.~ _(;' ''''l~;;':'.;jtj'' ,.~~'.:f.-,l. IN THE COURT OF PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1580 CIVIL ACTION - LAW IN DIVORCE , Plaintiff vs. GREGORY A. ZEMBOWER, 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 divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint filed on March 27, 1995; service by certified mail/return receipt requested, March 30, 1995. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) or the Divorce Code: by Plaintiff, December 26, 1995; by Defendant, December 11, 1995. 4. Related claims pending: None. -~ ~)--- Edward J. Weintraub, Esquire 2650 N. Third Street Harrisburg, PA 17110 (717) 238-2200 ID1I17441 ATTORNEY FOR PLAINTIFF ~ M ~ In " r= M ::-3< ~Q 0- es :t: U~ ti:__ -- Ll"r- a.. ~1~J @?: C"I .,~.~ N S,-.. u::~! (." maJ F Ld n'"" CI ~- 15 In ::J ~ (.) . . , -:-.. ~~:m:1~ t1(~~;"":~/ -~-, :...:~.. .." ~ ~-t~N; -..-'" -'-'-'':''~~''''.;..- "'-"0',' -"'" ,>,", ~ 'J .~.~. 7. The 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. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301lc\ OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 330lld\ OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the Parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. COUNT I II . REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3323, 3501, 3502 and 3503 OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT IV. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER SECTION 3502(D) of THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 18. Pursuant to Section 3502 (d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701. 3702 AND 3704 OF THE DIVORCE CODE 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. Plaintiff is unable to fully sustain herself during the course of litigation. 21. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 22. Plaintiff requests the Court to enter an aware of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an aware of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce Code. COUNT VII. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 24. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 25. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 26. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. LAW OFFICE EDW\RD J. WEINTRAUB 130 WALNUT STREET ,'c"""c HAR/IJ~R1mn .PENNSYLVANIA 17I01:':,,:},:hJ 238- .-,- , --,.;: 'J~:"'(',--l: 2200 FAX (7\7) 238-928().;;~';;':~,,,, 'J, .. _. - -- '-_;i..~,:-,- -..>;'~I~'::"~,>"';~~~c'._,i" DEBRA W. ZEMBOWER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-1580 Civil Term CIVIL ACTION - LAW GREGORY A. ZEMBOWER, Defendant IN DIVORCE CERTIFICATE OF SERVICE In accordance with PA.R.C.P. 402 and 412, I, Edward J. '30 ~ day of Weintraub, Esquire, do /K aAd hereby certify that on the , 1995, I served a true and correct copy of the within Complaint For Divorce upon Counsel for Defendant by depositing same in the United States Mail, Harrisburg, Pennsylvania, Certified Mail/Return Receipt Requested, addressed as follows: Michael Hanft, Esquire 11 West Pomfret Street Suite 2 Carlisle, PA 17013 ~ ~ Edward J. Weintraub, 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 Esquire Counsel for Plaintiff . ,. LAW OffiCE EDW\RD J. WEINTRAUB 2650 NORTH THIRD STREET HARRISBURG, PENNSYLVANIA 17110 (717) 238-2200 0----4 FAX (7171 238.9280 ~; . ( ,',. . '~> "'" DEBRA W. ZEMBOWER, IN THE COURT OF COMMON PLEAS Plaintiff CUI1RERLAND COUNTY, PENNSYLVANIA I, vs. . NO. 95-1580 Civil Term . CIVIL ACTION - LAW I GREGORY A. ZEMBOWER, !) Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed on March 27, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 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. 5. I have been advised of the availability of marriage counseling, and being so advised, I do not request that the court require my spouse and myself to participate in marriage counseling. 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. Section 4909 relating to unsworn falsification of authorities. . 7:>".!ti~tt'c/ 7; Jlzt~t.t d. ~ De ra W. Zembower Date: /d -,-'l2~ - 9-.~- ~ M ~ t.o ~Q M 5~ ~- (..)(~ n :1: ;:!: 0- (."..... <:1 m ;:~ _ ';1,; ...:J. I/>~ N .-'~- wu. ~- rEV1 L'> iti ilj lJ-J lUo.. .:: 0 ~ I "- In ::;J 0 .:;\ U ',.\ ;,':, ).~~t);;,.,.-;_ LAW OFFICE EDW\RD J. WElNTRAljB .., 2650 NORTH THIRD STREET HARRISBURG, PENNSYLVANIA 17110 '(717) 238-2200 . ..AX.(717) 238-9280: . , ":;''-'.:<:>.<.- .- " .~ .,' ",., '::;fi~,:~W;;,r DEBRA W. ZEMBOWER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1580 Civil Term CIVIL ACTION - LAW IN DIVORCE vs. GREGORY A. ZEMBOWER, Defendant AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed on March 27, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 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. 5. I have been advised of the availability of marriage counseling, and being so advised, I do not request that the court require my spouse and myself to participate in marriage counseling. 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. Section 4909 relating to unsworn falsification of authorities. Date: 12/11/95 iT. M [; -'.l to 1-"= ,.. ,-,-,Q c;, :5.,.- ~C'i .,.. a:;:) c: U:j' ~~ Cl~ ...'. ::.::>- c. m :3<'} u.. N Z u:U' w ffif5 -, Lo.l F- ro...... ,. 0 :::; u. In :::l 0 G~ () ~~ -': ~'~:i17.): (if': ' ;."> . . . # --'~ &.0; , ~ " ;~~;tjt~:'~~~~{~~ :~t~~::;::',~Zt~~;~~'F,: , .......,M'O"__ ;, '_:~:';~ _~2.;~::~:~V"_ ,c.~ t !\ DEBRA W. ZEMBOWER Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. GREGORY A. ZEMBOWER Defendant/Petitioner NO. 95-1580 CIVIL TERM I , II I' ,I II II Ilmakes the following Complaint for Custody: ,I ill. The petitioner is GREGORY A. ZEMBOWER, an adult Individual who resides at 3611 ! i Beech Run Lane, Mechanicsburg, Cumberland County, PennsylvanIa. , i i , i I i South 31st Street, Camp Hill, Cumberland County, Pennsylvania. I PETITION FOR CUSTODY AND NOW comes the Petitioner, by his attorneys, Andes, Vaughn, & Bangs and 2. The Respondent is DEBRA W. ZEMBOWER, an adult indivIdual who resides at 123 3. The Petitioner and Respondent are husband and wife, having been married on October 27, 1990. 4. The Petitioner and Respondent are the natural parents of one minor child, ,Paige Zembower, DOB 4/20/93. I I The said minor child resides with Respondent herein. 5. Petitioner seeks partial custody and visitation with the minor child, Paige Zembower. 6. The chIld was not born out of wedlock and is presently in the custody of the Respondent. 1. Since the child's bIrth, the mInor child, Paige Zembower has resided with the following persons at the following addresses: January 1, 1995 to Present Respondent 123 S. 31st Street Camp Hill, PA BIrth to January 1, 1995 PetItioner/Respondent 123 S. 31st Street Camp Hill, PA I II 11 'I 11 . I I 8. The mother of the child is the Respondent who resides at the address set out above. She is married to the Petitioner. 9. The father of the child is the Petitioner who resides at the address set out above. He is married to the Respondent. I 10. The Petitioner is the natural father of the child. Petitioner currently I resides with the following person: his parents. I 11. The Respondent is the natural mother of the child. Respondent currently I resides with the following persons: the minor child. I 12. The Petitioner has not participated as a party or in any other way in any litigation concerning the custody of the child in this or any other court. I The Petitioner has no information of a custody proceeding concerning the child I! pending in a court of this or any other jurisdiction. III Petitioner knows of no other person not a party to this action already who has ,!physical custody of or claims to have custody or visitation rights with the said child. I 13. The best interest and permanent welfare of the child will be served by !granting the relief requested by petitioner because the child resided with the I petitioner since birth, and Petitioner should have regular and consistent contact with , ihis child, because the child's best interests are served by having regular and , iconsistent contact with the father. ! 14. Each parent whose parental rights to the child have not been terminated and i the person who has physical custody of the child have been named as parties to this ! action. 2 Ii I II il II I II II 11 II ii Ii [' j! II II Ii il 'I I I! Ii WIIBRBFORB, Petitioner requests this Court to grant her custody of the child, Paige Zembower. AND~S, VAUGHN & BANGS By } Michael L. Bangs Attorney for Petiti 3 il I, " ii' 1\ COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) t' i, !; GREGORY A. ZEMBOWER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint for Custody are true and correct to the best of his knowledge, information, and belief. Sworn to and sU~Rf.ibed befol\e.~,e. thi sDt()t1:\..day of f4J'VLt ,i995. i~f;~ 'GREG Y . Z, OWER NO ;,;;'1,' t :~' , , _ .., ,."l.L' c \'~ENQ'{~. {. "."1,..~l. '. I' . Bora ('Jrn\;:;l!a:'l1 (;,;J;\.Y. Pa. Lemoyoe , .. '6 1,95 My Commis:i,on l.<.PUl.:':' "'U'f . ': ii Ii : ~ 4 if 11- ~ U"> a"> 0 a- 0 ..- Q \)0 \f' :.-,:: -:r ro ,.., lS) Co r'l :.-""::' ':it :II. Ii: .J cL ,-..-, < I - .., --: '. HM S . d5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . ,":1 ~ }"'I at.- iJ). 717!rnhoLOer Plaintiff . . . . . . File No. 95 -/5"!-() : . . vs. IN DIVORCE . . : &r~~~ry A. i!~fYJb::tvcr ( Defendant . . . . : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the Lj-Jh day of ~6.r\u.tJ,.rj ,19 tffv , hereby elects to resume the prior surname of Dt,hrtt. $, W~n~v- , and gives this written notice pursuant to the provisions of 54 P.S. S 704. DATE: 9"-3-1q ~ ~,,/LId-IO"-&-L11"JvIVt/<- Signature ::tuiuti 6. t()~~ Signature of name bing resumed COMMONWEALTH OF PENNSYLVANIA: : ss. COUNTY OF CUMBERLAND On the .3 day of Y.<2y7~b.<r , 19.!{2, before me, a Notary Public, personally appear~d 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. seal. In Witness Whereof, I have hereunto set my hand and official ublic MJrMW._ _ .C(IIort*ClFIllm .... ....CIIlIIIIY__ 1If~ DI'lIlQ JAMJMf _