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Home My WebLink About97-03674 - ' .:+:. -:.;. .:.:- .:+:. .:+:. -:.:. -:.;. -:.;. .:.:. .:+:. ::!:',-::!::_~~_':.:''''''::~:~::~:'-.:~:~~~'::~:: ::+:' :. .:+;. -:.:'- ':+:' _-:~;'._:~!:~_':~::,_::~:'_,_':~:: .-:+:- '~4 ~ -~---~....----. ~-. ~ ._.. --.~_.,.... ,., ',',' , , DECREE IN II, rltJl;':' I V 0 ~ C E it 'i" 2. ~ r ,.:~ ('f 19~ ~ it is ordered and ~ . . . . . , .. ':'i ~. IN THE COURT OF COMMON PLEAS ~ ~ OF CUMBERLAND COUNTY t:I' n'li:~l.~~::', . PENNA, r ....f~~ f.' . ~ '" -,. "....:"'J;'/ '.~r ~ ~ STATE OF ~, . , ,/ ~\ "'1 ~i ,) :i ~I ~I .. ~,\ ',') \ ~( ',.r Tanrny L. Fritz :\1), 3674 c II) 97 \'\'1''''11-; John C. Fritz, Jr, ;'.1 ~) ') ~; ~ ".J I ~) '4;( '.'1 . , :.: ~I , , , i ~,J ':'1 ~\ ','( ~l ~I :1 ..1 :! decreed that Tanrny L., Fritz, and ,John ,C, ,['ritz, )1'. . are divorced from the bonds of matrimony, , plaintiff, defendant, 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; "TheAgreelOOnt of August 19,1997 is hereby,incorporateLiinto,the, Final Divorce ~cree ~ ~ c/ )".1 .: ," ..c.'. /:,. "'~r'/"'" -.-~'~ ~ ~ ~I "i ~I ~I "" ~; f ~ ',:.:. i~ I.:. /~ I. I~ I':' I~ ~ ~ * ~ I~ .. !; I':' I" ~ I~ ~~ '" J~ ~ I',' ~ ~ ~ '~ ~ ;~ ~ ~ ~ ~ :!. ~ ~ ~ ~ ~ ,.,' . "..' :.: .:.::.:- :.; .:.. .:.;. :.: :.: :.: :.::.' :.: :.:..: :.. ..,: '.: :.: ;t f: :. :." 11.;;J[I.f) /f'.;)O 9) 1 J .1.. . //./ -" '" --# dr.::1.c~' {La . (~/ ,/If::?JL:,:- 4' C?'-tfr . /' fta.:tc.;. fifa:e;;.,,;:.., d?j ~/'.:7 .,... ,;: -- , r'" C": t:; ~. ;:., ~- -=. " :.;.: - . " c' I , .. .' li: ..... L.i:-- ~(.- ~ ..' . , 1 C. ,- lL' ., r;_~ 1 c.~\ ", "u c'- ,. r- :.~ G (I' \.) Segment A in even years. f. The parties shall divide Christmas into two segments. Segment A shall begin at 10:00 a.m. on Christmas Eve until 2:00 p.m. on Christmas Day. Segment B shall begin on Christmas Day at 2:00 p.m. until December 26th at 2:00 p.m. Wife shall have Segment A in odd years and Husband shall have Segment A in even years. g. The parties have agreed to have a joint birthday party for each child on said child's birthday, therefore the parties will have joint visitation during said party. In the event the parties decide not to have a birthday party on the child's actual birthday, then the parent who would normally have the children pursuant to the other provisions of this Agreement shall have the children. h. Regardless of the foregoing schedule, Wife shall have the Children for Mother's Day and Wife's Birthday and Husband shall have the Children for Father's Day and Husband's Birthday. i. Each party shall be entitled to 14 days per year of uninterrupted visitation with the Children. A party seeking to utilize their rights pursuant to this provision shall provide the other party with reasonable notice of their intention to begin a period of uninterrupted visitation. Reasonable notice shall be no less than 14 days advanced notice. j. The parties may modify the preceding joint physical custody schedule by agreement. TLF JCF . . ~: Page 4 of 20 4. DISTRIBUTION AND RELEASE OF MARITAL DEBT With the exception of liens against motor vehicles and the marital residence, the parties hereto are free from consumer debt and except as otherwise provided herein: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of the execution of this Agreement. Wife represents and warrants to Husband that, since the filing of the divorce action, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against him or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. b. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of the execution of this Agreement. Husband represents and warrants to Wife that, since the filing of the divorce action, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. 5. DISTRIBUTION OF REAL PROPERlY During the course of this marriage, the parties purchased a marital residence located at 1345 Horick Drive in Boiling Springs Pennsylvania. The parties have agreed to sell said property and agreed that any and all losses or proceeds which result from TLF ,,'{.4- JCF ~ Page 5 of 20 . . any property not assigned in this Agreement as marital or nonmarital property will be deemed the property of the physical possessor of said property. 9. ee.m Husband shall retain the following pets as his personal property, free and clear of any claims of Wife: a. Kodi, a dog: and b. Tasha, a dog. Wife shall retain the following pets as her personal property, free and clear of any claims of Husband: c. Maggie, a dog: and d. Smokie, a cat. 10. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401 k's and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. 11. JOINT 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 such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. ~'t TLF " ..... JCF :f'=' Page 7 of 20 14. ALIMONY Both parties mutually waive all spousal support or alimony from the other. Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors 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 filed by Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofar as it pertains only to spousal support 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 either party, or subject to further order of any court upon changed circumstances. Upon that condition, both parties hereby accept the provisions 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 spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights to seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony. 15. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and / . . TLF \.. _ ~'J JCF~ Page 9 of 20 c. Un-reimbursed Medical Expenses: All un-reimbursed medical expenses, including but not limited to orthodontia treatments, shall be divided equally between Husband and Wife. Wife will pay for the un-reimbursed medical expenses and be reimbursed by Husband at the end of each month. Current un-reimbursed medical expenses costs average $82.00 per month. d. School/Sports/Extra-Currlcular Activity Costs: All expenses incurred for the subject minor Children's school, sports or other extra-curricular activities shall be divided equally between Husband and Wife. Wife will pay for expenses relating to school, sports or other extra-curricular activities and shall be reimbursed by Husband at the end of each month. Both parties acknowledge that these expenses will increase proportionately with the age of the Children. e. Clothing and Toys: Both Husband and Wife shall maintain a reasonable wardrobe for the subject minor Children at each party's residence. Both Husband and Wife shall maintain toys for the Children to use while they reside with each party. 17. INCOME TAX RETURNS Husband and Wife agree to file joint tax returns for 1997 and Husband and Wife further agree to file individual tax returns for each year beginning in 1998 and thereafter until their divorce is final. TLF \, Y:-L JCF~ Page 11 of 20 COMMONWEALTH OF 55. COUNTY OF CUMBER On this, the day f . 1997, before me, a Notary Public, personally appeared and in due form of law acknowledged the foregoing Stipulated Custody/Sup ortAgreement and Equitable Distribution to be his act and deed, and desired that the sa might be recorded as such. Sworn to and subscribed before me this _ day of . 1997. Notary Public G Page 20 of 20 15. The parties have also acquired homa furnishings, motor vehicles, bank accounts, retirement accounts, investments and miscellaneous items of personal property. 16. Thus far plaintiff and defendant have been unable to agree as to an equitable distribution of said property, therefore Plaintiff requests the equitable distribution of said marital property. WHEREFORE, Plaintiff, Tammy L Fritz, prays that this Honorable Court enter a decree in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties; and B. That a decree be entered granting equitable distribution of marital property. Date: 7 h I (17 Respectfully submitted, Gl*~") Peter J. Russo 61 West Louther Street Carlisle, PA 17013 (717) 249-2721 '- (") ~ ., .J "- j-: ,,, ';) ~ .... ". L., \. Ill' . V: ''''' ( ." \:t Cl' J'\'i " - . I -...... " 0.-- "- .. ~,; , -. I:. ' ~ -, ....... U" 1- 0' ~ ~ '" C' -'-J -t ... Q G r- ~ 0' U r--- ~.., IX) ~ ~ ~~\ ~ ... J . 'I ~ Ii i 3. Article Addressed to: it ~~ ':: /,'.t\ I Iv..:~~ 1/ "",'''~ , , -CamP.. iI~ 11nli'or21or additional HMce.. -Compf.. illITlI 3, 41, and 4b. I Pril'll 'IOU nama am Iddrnl on the ,.ven. of this lonn 10 thai w, ean ~Im thi, conllo you. -AnKh tt'd fonn to thl front of thl mailpiKa, Of on lha bad!; if spice doN no!: _. -WriI,"RtlUm R<<8Ipt R~ed" on the mailpiece below fha lr1idt na.mber. In. Rltum Rtcaipt willIhoW' to whom !he articl, "" deMrMI and the dAtI -_. :',q , ~) '-. ,. ,., . I I ll. ] :.~:~ II o Express Man 0 Insured oS o Return ~ lot t.lert:handse 0 COO ~ 7. Date 01 Delivery .l! I l 8. Add, e'. ,ess (Only 1/ requested ... and lee Is paid) ~ I e1so wish to receive the loIlowIng service. (lot en extra fee): 1, 0 Addressee's Address 2, 0 Restrict~ Delivery Consult postmaste' for fee. 4e, Article Number f- I- "r ,- f , "-,"-/ ~ , , -. ~ / . \ r - 1\ I " ..,1 , , .(j .-\.-\ 4b. Service Type o Registered 5, Received By: (Print Name) l .!I Domestic Return Receipt TAMMY L. FRITZ, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN C. FRIl7, JR., Defendant NO. 97-3674 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Peter J. Russo, Esquire, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: John H. BrouJo8, esquire 4 North Hanover Street Carlisle, PA 17013 , , ~~-~ Peter J. Russo 61 West Louther Street Carlisle, PA '17013 (717) 249-2721 Date: Wednesdav. October IN. 1997 . .... -"" t; C: cv: " ."-. I;.: .. .~.< II!' S .. (). -- j , . (:-.( 1'__ J 0'." .. ~ &'1 0'._ , ~ U.' '--'(j ~, -,. L' C ..' '-~- ( _. I'. r- .. ~5 0 C1' U '" >- -' t t:: c<: t '." , . l: ~ ~- . n " '0 ( )'" iC<', , ':"i . lL- ~. . y~.- :l" ('! 0 LL " , :-,11, ; ;il.j ,~ , ,cL .. I- ~j C '-" U ,