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HomeMy WebLinkAbout03-5165Paul J Esposi~o, Esquire ID #25454 GOLDBERG, KATZMAN & SHIPMAN, PC. 320 Market Street P. O Box 1268 Harrisburg, PA 17108-1268 (717) 2344 ] 61; (717) 234-4161 (facsimile) Counseljbr Plaint!ff LISA M. HERTZ, Plaintiff JOSEPH C. HERTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH iNFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Paul J Esposito, Esquire ID #25454 GOLDBERG, KATZMAN & SHIPMAN, PC. 320 Market Street P. O. Box 1268 Hamshurg, PA 17108-1268 (717) 2344161; (717) 234-4161 (facsimile) LISA M. HERTZ, Plaintiff JOSEPH C. HERTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE Plaintiff, LISA M. HERTZ, is an adult individual, who currently resides at 124 W. Portland Street #39, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, JOSEPH C. HERTZ, is an adult individual, who currently resides at 124 W. Portland Street #39, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on March 14, 1998, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces. 8. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. COUNT II 11. The averments of Paragraphs 1 through 10 herein are hereby incorporated by reference thereto. 12. Plaintiff is the Mother and Defendant is the Father of Jordan Marie Hertz, who is the subject of this custody count. 13. Plaintiff seeks shared legal and primary physical custody off Name: Jordan Marie Hertz Date of Birth: September 6, 1998 Present Residence: 124 W. Portland Street #39 Mechanicsburg, Pennsylvania 14. Jordan Marie Hertz (hereinafter referred to as "the Child" or "Jordan") was born during the marriage of the parties. Plaintiff and Defendant were lawfully married on March 14, 1998. 15. The Child had resided with both the Plaintiff and Defendant at 124 W. Portland Street #39, Mechanicsburg, Cumberland County, Pennsylvania since July 1999. 16. From birth to July 1999, Jordan lived with both parents at 3B W. Green Street, Shiremanstown, Cumberland County, Pennsylvania. 2 17. It is anticipated that Defendant will no longer be residing at the family residence as of October 7, 2003, or sooner. 18. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. 19. The best interests and permanent welfare of the Child will be served by the relief requested. 20. Plaintiff has not participated as a party, witness or in another capacity or in other litigation concerning the custody of the Child in this or another Court. WHEREFORE, Plaintiff prays Your Honorable Court to: a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; b) Grant Plaintiff and Defendant shared legal and Plaintiff primary physical custody of their daughter, Jordan Marie Hertz; and c) Order such other relief as the Court deems just and reasonable. Date: Paul J. ~of)16 Attorney 1.105. #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for ?laintiff VE1LIFICATION I verify that the statements contained in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~¢. /~;>-. LISA M. HERTZ LISA M. HERTZ : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 03-5165 CIVIL ACTION LAW JOSEPH C. HERTZ : IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, October 03, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, November 04, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to arroear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is requin,~d by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Paul J. Esposito I.D. #25454 Goldbcrg Katzman & Shipman, P.C~ LISA M. HERTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff JOSEPH C. HERTZ, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5165 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on October 2, 2003, he sent a copy of the Complaint for Custody by certified mail, restricted delivery, return receipt requested, to Joseph C. Hertz, at 124 W. Portland Street, #39, Mechanicsburg, Pennsylvania 17055, and the return receipt card signed by Joseph C. Hertz, and shown as being delivered October 3, 2003, is attached[ hereto and made a part hereof. PAUL J S j iTo, ESQUn ·Compiete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your nerne and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailp~ce, or on the front if space permits. 1. Article Addressed to: RE~'RIC!'Fr~ D. Isde41ve~addre~sdiffemntflomitenl 17 ('1 y~. if YES, enter deli~ address below: [] No [] Registered [] C.O.D. 4. Restricted ENadive~¥? (Extra Fee) ~Yes 2. Article Number Paul J Esposito, Esquire I D. #25454 GOLDBERG, KATZMAN & SHIPMAN, PC 320 Market Street P O Box 1268 Hamsburg, PA 17108-t268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plamt{~ LISA M. HERTZ, : Plaintiff : JOSEPH C. HERTZ, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0%- CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF COUNSELING LISA M. HERTZ, 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 my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: }Ilo.3~/(y'-~ (/I)© r} ~t~::~"~ LISA M. HERT~5 Paul J. Esposito ID #25454 Goldberg Katzman & Shipman, PC. 320 Market Street, Sh'awberry Square Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff LISA M. HERTZ, Plaintiff JOSEPH C. HERTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5165 CIVIL ACTION- LAW IN CUSTODY AMENDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) SS. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on October 2, 2003, he sent a copy of the Complaint for Divorce by certified mail, restricted delivery, return receipt requested, to Joseph C. Hertz, at 124 W. Portland Street, #39, Mechanicsburg, Pennsylvania 17055, and the return receipt card signed by Joseph C. Hertz, and shown as being delivered October 3, 2003, was attached to previously filed Affidavit of Service filed with the Court on October 10, 2003. (See copy of said return receipt card, attached hereto and made a part hereof. PAUL J. ¢SP~ITO, ESQUIRE Sworn to and subscribed before me this /s,- dayof~, 2003. : :ODMA IPCDOCSIDOCSI9 793815 ru rtl 1::3 · Complete items 1, 2, and 3. Also COmplete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece. or on the front if space permits. 1..N*ticle Addressed to: RESTRIC'rl~'~ r') 13ELIVEPI~ ( Printed Name) D. Is delivery address different from item 17 If YES, enter de~ive~, address below: 1'3 NO ~Ce~ifiad Mail [~] Express Mail [] Registered ~['~Return Receipt f~- Merchendise [] Insured Mall [] C.O.D. LISA M. HERTZ, Plaintiff JOSEPH C. HERTZ, De~ndant DEC 0 1 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5165 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY TEMPORARY ORDER OFCOURT AND NOW, this 0~- day of December, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The Mother, Lisa M. Hertz, and the Father, Joseph C. Hertz, shall have shared legal custody of the minor child, Jordan Marie Hertz, born September 6, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial physical Custody which shall be arranged as the parties agree and in consideration of the parties' work schedules. 3. Transportation. Mother will provide transportation incident to Father's periods of partial custody while Father is without a valid driver's license. However, the parties anticipate that when Father obtains a driver's license again, he will share this responsibility with Mother. 4. This Order is temporary in nature. Either party may petition the Court for modification of the Order, following which a Custody Conciliation Conference will reconvene. Dist: ~,'Paul J. Esposito, Esquire, PO Box 1268, Harrisburg, PA 17108-1268 ,,,Joseph C. Hertz, 711 Allenview Drive, Mechanicsburg, PA 17055 DEO 0 1 2OO3 LISA M. HERTZ, Plaintiff JOSEPH C. HERTZ, De~ndant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5165 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Jordan Marie Hertz pATE OF BIRTH September 6, 1998 CURRENTLYIN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was scheduled following Mother's September 29, 2003 filing of a Divorce Complaint with a count for custody. The Custody Conciliation Conference was continued due to Father's unavailability on the original date of November 4, 2003. The Conference on November 25, 2003 was attended by the Mother, Lisa M. Hertz, and her counsel, Paul J. Esposito, Esquire; the Father, Joseph C. Hertz, attended pro se. 3. The parties reached an agreement in the for~der as attached. Date ' ' Melissa Peel Greevy, Esquire Custody Conciliator :221458 Paul J, Esposito, Esquire I.D #25454 GOLDBERG, KATZMAN & SHIPMAN, PC 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 2344161 (facsimile) Counsel for Plaintiff LISA M. HERTZ, IN THE COURT OF COMMON PLEAS OF JOSEPH C. HERTZ, Plaintiff Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5165 Civil Term CIVIL ACTION - LAW 1N DIVORCE AND CUSTODY ELECTION TO RESUME PRIOR NAME LISA MARIE HERTZ, being duly sworn according to Iaw, deposes and says that she is the Plaintiff in the above suit, which was filed with the Court of Common Pleas on September 29, 2003, at the above-referenced docket number. That Plaintiff wishes to retake and hereafter use her prior name of LISA MARIE YENTZER, and therefore, gives written notice of avowing said intention, in accordance with the provisions of Title 54 Pa.C.S.A. §704(a). LISA MARIE HERTZ To be known as LISA MARIE YENTZER Sworn to and subscribed before me this ~_~_ day o~2004. ,,2q'~ary Pul~ic- - My Commission Expires: ~/1'7/0 ~a Paul J. Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, PC 320 Market Street P O Box 1265 Hanisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff LISA M. HERTZ, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5165 JOSEPH C. HERTZ, : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 29, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~Q.4Cc:~ / ,2004 LISA M. HERTZ Paul J Esposito, Esquire I D 025454 GOLDBERG, KATZMAN & SHIPMAN, PC 320 Market Street P. O. Box 1268 Hamsburg, PA 17108-1268 (717) 234-4161;(717)2344161 (facsimile) Counsel for Plaint ff LISA M. HERTZ, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5165 JOSEPH C. HERTZ, : CIVIL ACTION - LAW : IN DiVORCE AND CUSTODY 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 if I 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. Date: ~(~. c~ / ,2004 LISA M. HERTZ Paul J. Esposito, Esquire ] D. #25454 GOLDBERG, KATZMAN & SHIPMAN, PC. 320 Market Street P. O. Box 1268 Hanisburg, PA t7108-1268 (717) 234-416l; (717) 234-4161 (facsimile) Counsel,for Plaintt~ LISA M. HERTZ, 1N THE COURT OF COMMON PLEAS OF JOSEPH C. HERTZ, CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5165 : CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELINC 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on September 29, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about October 3, 2003, via certified mail, restricted delivery. 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 4904, relating to unsworn falsification to authorities. Date: JOSEPH C. HERTZ Paul J, Esposito, Esquire I.D. #25454 GOLDBERG, KATZMAN & SHIPMAN, PC 320 Market Street P. O. Box 1268 Harhsburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facslmile) Counsel for Plaintiff LISA M. HERTZ, IN THE COURT OF COMMON PLEAS OF JOSEPH C. HERTZ, CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5165 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Date: / / 0'c[t ,2004 THIS AGREEMENT, made this ~cy ~ day of ~'~tnc{,~r7 , 2004, by and between LISA M. HERTZ, (hereinafter referred to as "Wife") and JOSEPH C. HERTZ, (hereinafter referred to as "Husband"). WITNESSETH: The parties hereto are Husband and Wife, having been married on March 14, 1998, at Cumberland County, Pennsylvania. The parties hereto are the parents of one (1) minor child, Jordan Marie Hertz, born September 6, 1998. The parties acknowledge that an Order of Court regarding custody of Jordan was issued by the Honorable Edward E. Guido, Judge of the Court of Common Pleas of Cumberland County, Pennsylvania, on December 2, 2003. Each party represents to the other that he/she has not, and in the future will not, contract or incur any debt or liability for which the other might be responsible. Each party shall be responsible for his/her own debts and each shall indemnify and hold the other harmless from any and all claims or demands made against him/her by reason of debts or obligations incurred by the other. Husband and Wife hereby agree that they have heretofore arrived at a mutually satisfactory division of all of their separate and marital assets. Each of them shall own, have and enjoy, independent of any claim or right of the other, all items of property of every kind, now or hereafter owned or held by him or her, with full power to dispose of the same as fully and effectually, in all respects and for all purposes as though he or she were unmarried. The aforementioned division shall include, but not be limited to, the parties' personal property, motor vehicles, individual retirement accounts, retirement benefits, and savings and checking accounts. The parties acknowledge that they are joint owners of a timeshare known as and located at Summer Bay Resort, Claermont, Florida. Wife hereby agrees that she shall execute any and all documents necessary to convey to Husband all of her right, title and interest in and to said timeshare. Husband hereby assumes all liabilities and obligations in connection with the ownership, upkeep and maintenance of the timeshare and shall indemnify Wife and hold her harmless from any and all claims of every kind arising out of or in connection with the timeshare. Husband and Wife hereby acknowledge and agree that the provisions of this Agreement providing for the division of their marital property are fair, adequate and satisfactory to them. The parties further 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 equitable distribution of marital property, alimony, spousal support, alimony pendente lite, counsel fees, costs and expenses. The parties hereby acknowledge that there has been full and fair disclosure to the other of his or her respective assets and liabilities, whether held jointly or in 2 10. the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and have executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supercedes any and all prior agreements between the parties. This Agreement shall be interpreted fairly and simply and not strictly for or against either of the parties. Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to #03-5165 in the Court of Common Pleas of Cumberland County, Pennsylvania. Wife shall, promptly and without delay, proceed with said divorce action, and the parties shall execute all documents necessary to conclude the divorce immediately upon presentation of same. This Agreement shall be incorporated into a decree of divorce for purposes of enforcement only, but shall not be merged into said decree. The parties shall have the right to e~fforce this Agreemem m~der the Divorce Code of 1980, as m~aended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yem' first above written. WITNESS: 4 STATE OF PENNSYLVANIA OO NTY oF SS: On this, th <~1 day of , 2004, before me, the undersigned officer, personally appeared LISA M. HERTZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r,.?~L..~,o,l~,,z, iNotary Public I -~ SS: On this, the c:~ ),& day of ~/~pf.~,,t.~ 2004, before me, the undersigned officer, personally appeared JOSEPH C. HERTZ, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereu~y ha~d and official seal. DON~ K. Lt~ N0~ ~ Hoary ~blic My C~I~ ~ r~ ~ 15, ~T .'.'OD3/Z41PCDOCStDOCSIlOd77511 LISA M. HERTZ, JOSEPH C. HERTZ, 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03~5165 : : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce 2. Date and manner of service of the Complaint: Certified Mail, Restricted Delivery, on October 3, 2003. 3.(a) Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: by Plaintiffon January 21, 2004 ; by Defendant on January 29, 2004 (b)(1) Date of execution of the Affidavit required by § 3301 (d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintif£s Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: February 2,2004. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: February 2, 2004. . ~ 7 IN THE COURT OF COMMON PLEAS LISA M. HERTZ OF CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff 03-5165 VERSUS JOSEPH C. HERTZ Defendant AND NOW, DECREED THAT DECREE IN DIVORCE LISA M. HE_RTZ , ~0~ , It IS ORDERED AND , PLAINTIFF, AND JOSEPH C. HERTZ ,DEFENDANt, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WhiCh HAVE BEEN RAISED OF rECORD IN THIS ACtiON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AND IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a certain Separation and Property Settlement Agreement between the parties dated January 29, 2004, are hereby incorporated in this D~cr~o by rcfcrcncc as fully as ~aL,~e were ~=t forth at length. Said Agreement shall h, but shall survive this Decree. no~merTMge w ~i~ ATTEST: PROTHONOTARY