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HomeMy WebLinkAbout03-3069KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW · ~O~'C~CIVIL TERM · ' 2003- : : IN DIVORCE NOTICE 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 in 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, Cumberland County Courthouse, 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 GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF Ti:IF, M. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW · ' ~{~'qC1VIL TERM · 2003 : IN DIVORCE COMPLAINT 1N DIVORCE PURSUANT TO SECTIONS 3301(C) AND CD) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Kimberley W. Hertzler, by and through her attorneys, Irwin, McKnight & Hughes, and files this Complaint in Divorce against the Defendant, Christopher S. Hertzler, representing as follows: 1. The Plaintiff is Kimberley W. Hertzler, an adult individual residing at 9 Cobblestone Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Christopher S. Hertzler, an adult individual currently residing at 760 Cumberland Avenue, Apt. A-4, Chambersburg, Franklin County, Pennsylvania 17201. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. The Plaintiff and the Defendant were married on May 7, 1994 in Mechanicsburg, Pennsylvania. 5. 6. There have been no prior actions of divorce or for annulment between the parties. Pursuant to the Divorce Code, Sections 3301(c) and 3301 (d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: AR;obernCeC~o; PH; tg'nh~j~ E s qmr v 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Corn I. D. No. 67212 Date: June ~, 2003 KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW · ' ~CIVIL TERM · ' 2003- : : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: June~ ,2003 KII~IBERLEY/~JV. ItERTZL~ ' KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW :: 2003- .~)~'ClCIVIL TERM ; : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S .4FFIDA VIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The patties to this action separated on or about August 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose fights 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. of 4904 relating to unswom falsification to authorities. Date:~/~,~'_ ~I~'> , 2003 jKI1V~BERLEY ~V. ltERTZLE~{/ KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. giERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :: 2003- O cIViL .* : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or Co): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry ora divorce decree because (Check (i), (ii) or both): .__ (i) The parties to this action have not lived separate and apart for a period of at least two years. .__ (ii) The marriage is not irretrievably broken. 2. Check either (a) or CO): (a) I do not with to make any claims for economic relief. 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. Co) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking Co) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements hero-in made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. CHRISTOPHER S. I:IERTZLER Defendant Date: ,2003 NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Date:, ~.A_(? ~ ,2003 KIMBERLY W. HERTZLER, Plaintiff V. : CHRISTOPHER S. HERTZLER,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3069 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of July, 2003, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that Plaintiff's affidavit under Section 3301(d) of the Divorce Code was served on the same date as her Notice of Intention To File Praecipe To Transmit Record, in contravention of the holding in Burdick v. Burdick, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit record. ~ebecca R. Hughes, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff :rc BY THE COURT,  Wesley Ole~/r.), - J" KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 2003-3069 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. Date: klo .2oo3 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "'--L~RIS~OPHER S. H'rERTI~L'lg~i, Defendant MARRIA GE SE TTLEMENT AGREEMENT THIS AGREEMENT made this/ff~/day of ~_~,..~, 2001, by and between KIMBERLEY W. HERTZLER, (hereinafter referred to as "WIFE") and CHRISTOPHER S. HERTZLER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully mmtried on May 7, 1994; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distributiort of property and alimony for each party. The parties hereto agree and covenant as follows: 1. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be f'mal and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right: to counsel: WIFE is represented by Rebecca R. Hughes, Esquire of Irwin, McKnight & Hughes; HUSBAND chooses not to retain counsel, but understands he has the right to do so prior to the signing of this Agreement; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divome Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to whiclh any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. REAL ESTATE: HUSBAND agrees to transfer all right, title and interest which he may have in that marital property located at 9 Cobblestone Drive, Carlisle, Cumberland County, Pennsylvania, 17013 and any improvements thereon to WIFE and releases all claims which he may have regarding said real estate in accordance with this paragraph. WIFE agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold HUSBAND harmless from any obligations on said payments and indenmify him if any claim is made against him. WIFE further agrees to refinance the mortgage currently against said property which is in both parties' names, and shall include in the new mortgage the outstanding balance of the loan used to purchase the parties' 2000 Dodge Intrepid. HUSBAND hereby agrees to execute a Deed conveying his interest in the property to WIFE simultaneous to the signing of this Agreement. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties~ mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle or motorcycle that HUSBAND currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. With the exception of the car loan noted in Paragraph Seven (7), HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may own within thirty (30) days of this Agreement. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 10. MARITAL DEBTS: It is further mutually agreed by m~d between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE fiu'ther represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and. pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations ineurrad by him. 11. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 12. BENEFITS~ STOCK AND BANK ACCOUNTS WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. HUSBAND further agrees to transfer all right, title and interest in the Vanguard Growth Fund currently in the parties' names, which was set up for the education of the parties' minor daughter. 13. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execctte and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 14. BREACH: If either party breaches any provisions o1~ this Agreement, the other party shall have the right, at his or her election, to sue for damages lbr such breach or seek such other remedies or relief as may be available to him or her, and the pmly breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enfoming their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: 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 fmther instruments that may be reasonably required to give full rome and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this; Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fhir and equitable, that it is being entered into voluntarily, and that it is not the result of any dt~ress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enfomement of this Agreement and remedies pertaining to fai[lure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 17. 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. APPLICABLE LAW: Commonwealth of Pennsylvania. 18. This Agreement shall be construed under the Laws of the 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. WAIVER 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 furore 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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. 9 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: lO COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, thisa~ j~ day of ~~ , 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, KIMBERLEY W. HERTZLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my h~u~d and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: ._ Member, Pennsylvania AsSociation of Notaries ay of , 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, CHRISTOPHER S. HERTZLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 11 KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2003-3069 CIVIL TERM : : 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(d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Christopher S. Hertzler by hand delivery, on or about June 27, 2003. The Affidavit of Service was filed with the Prothontoary on or about July 17, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff.' by defendant: (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: June 27, 2003 (b)(2) Date of filing and service of the plaintilTs affidavit upon the defendant: June 27, 2003 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: Hand delivery on or about June 27, 2003 (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Date: July 17, 2003 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Reb~cc~ R. Hughes,'Esquire~.~ Attorney for Plaintiff KIMBERLEY W. I-IFRTZLER, Plaintiff CHRISTOP1]F,R S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 2003-x.~)~ CrVIL TERM : IN DIVORCE '4FFID,4VIT OF SERVICE OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE .4ND COUNTER-AFFID.4 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and state: 1. That she is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a copy of the Notice of Intention to Request Entry of Divorce Decree and Counter-Affidavit were served upon the defendant on or about June 27, 2003, as evidenced by the Acceptance of Service attached, signed by Christopher S. Hemzler. 3. That the said Acceptance of Service is attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. ,2003 REBECCA R. HIJ'GH~S', !~i[.e"~ Attorney for Plain~f ~ KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CML ACTION - LAW : : 2003-3069 CIVIL TERM .. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final Decree of Divorce without notice. 2. I understand that ! may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is gran~Ied. 3. ! understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. Date: ~/.~/0~9 ,2003 I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ERS. ffER~ R,D~ KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLANI) COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : 2003-,.~ CIVIL TERM ; : IN DIVORCE ACCEPTANCE OF SERVICE I, Christopher S. Hertzler, Defendant in the above-captioned matter, hereby agree to accept service of the Complaint, 3301(d) Affidavit and Counter-Affidavit which was filed on June 27, 2003. Date: ~x,.~_ ~-/~ ,2003 KIMBERLEY W. HERTZLER, Plaintiff CHRISTOPHER S. HERTZLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW .. : 2003-3069 CIVIL TERM : : 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(d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Christopher S. Hertzler by hand delivery, on or about June 27, 2003. The Affidavit of Service was filed with the Prothonotary on or about July 17, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: by defendant: (b)(1) Date of execution of the affidavit requirecl by Section 3301 (d) of the Divorce Code: June 27, 2003 (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: June 27, 2003 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: Hand delivery on or about June 27, 2003 (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: September 9, 2003 Rebecca It. Hughes., E~q~h'e/// - Attorney for Plaintiff [-/ Date: September 19, 2003 1N THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE Of KYI~BERLY rgo ~.~ZLER, Plaintiff VERSUS ~flFJ[STOPfl]~ S. HI~KTZLER, Defendan~ DECREE IN DIVORCE AND NOW, ~~L~- DECREED THAT KI34BERLY ~. I~KTZLF~R PENNA. ,;~% IT IS ORDERED AND , PLAINTIFF, AND C~RIS~0P~-R S. I~RTZLER , 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 WH]CH A FINAL ORDER HAS NOT Yet been eNtERed; The ~rriage Settlement Agreement dated October 18, 2001 and signed by the parties is hereby incorporated into this decree but not merged.