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HomeMy WebLinkAbout01-0732JODIE M. HERTZLER, Plaintiff VS. KENNETH E. HERTZLER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of 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 the 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 Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 170'13 (717) 249-3166 JODIE M. HERTZLER, Plaintiff VS. KENNETH E. HERTZLER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. O/' '7,.~-Z ~-.-~L? CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is, Jodie M. Hertzler who currently resides at 9 Humer Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is, Kenneth E. Hertzler, Jr. who currently resides at 168 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on May 28, 1988. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 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. thereto. 9. 10. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. 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. 11. thereto. 12. 13. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. 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. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 14. thereto. 15. The prior paragraphs of this Complaint are incorporated herein by reference 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 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 IV. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 16. thereto. 17. The prior paragraphs of this Complaint are incorporated herein by reference The parties are the parents of the following unemancipated children who reside with Plaintiff: NAME AGE SE~ Kady E. Hertzler 10 Female Conner M, Hertzler 6 Male DATE OF BIRTH May 4, 1990 January 24, 1994 18. During the past five years, the children have resided with the parties and at the addresses herein indicated. EBQM TO WITH WHOM Birth 8/00 Parents 8/00 Present Mother &DD~ 9 Humer Drive, Mechanicsburg, PA 9 Humer Drive, Mechanicsburg, PA 19. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 20. There are no other proceedings pending involving custody of the children in this or any other state. 21. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 22. The best interests of the children will be served if custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff. COUNT V. 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. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: Re~mitted: (EDWARD~. W E I N~T'FC~A"I:J~,.r-E~ Q U I R E 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF VERIFICATION I, Jodie Hertzler, hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Jo? I~lertzl~r, ,P~intiff ¥ JODIE M. HERTZLER, Plaintiff VSo KENNETH E. HERTZLER, JR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-732 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 20th day of February, 2001 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on February 6, 2001, she mailed a certified copy of the Complaint in Divorce, by certified mail, restricted delivery, return receipt requested, to Kenneth Hertzler, 168 Texaco Drive, Mechanicsburg, Pennsylvania 17050, and the same was received by him on February 16, 2001 as indicated by the return receipt card which is attached hereto. Sworn to anO~subscribed before me on this ~_~_~day of ~U'L[ 2001. Not~dal ~ MImy D. Lehrnm~, Notary Public _Hah'f~burg, Dauphin County My uomrni~lon Expires Aug. 2, 2004 JODIE M. HERTZLER, Plaintiff VS. KENNETH E. HERTZLER, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-732 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 6, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. 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: ntiff JODIE M. HERTZLER, Plaintiff ¥$. KENNETH E. HERTZLER, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 01-732 : : CIVIL ACTION - LAW : 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divomed 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. Section 4904 relating to unsworn falsification to authorities. Date: LAW OFFICE EDWARD J. WEINTRAUB 2650 NORTH THIRD STREET HARRISBURG, ,g,F~blf~P~VANIA 17110 (717) 238-2200 FAX (717) 238-9280 JODIE M. HERTZLER, Plaintiff KENNETH E. HERTZLER, JR. Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-732 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 6, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. 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: ~/~/ Ke~e~r '~- LAW OFFICE EDWARD J. WEINTRAUB 2650 NORTH THIRD STREET HARRISBURG, P~ANIA 17110 JODIE M. HERTZLER, Plaintiff KENNETH E. HERTZLER, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-732 ,. : CIVIL ACTION - LAW : 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 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. Section 4904 relating to unswom falsification to authorities. Date: Kenneth He~ LAW OFFICE EDWARD J. WEINTRAUB g650 NORTH THIRD STREET HARRISBURG, PF,~NN~VANIA 17110 (~1.~) ~gg ~200 FAX (717) Z38-9~80 JODIE M. HERTZLER, Plaintiff VS. KENNETH E. HERTZLER, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 01-732 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPF, TO WITHDRAW COUNTS TO THE PROTHONOTARY: Kindly withdraw Count III of the Divorce Complaint entitled "Request for Equitable Distribution of Marital Property" filed in the above captioned matter on behalf of Plaintiff. Date: Edward J Wein aub, Esquire 2650 N. Third Street Harrisburg, PA 17110 (717) 238-2200 ID# 17441 ATTORNEY FOR PLAINTIFF JODIE M. HERTZLER, Plaintiff Va, KENNETH E. HERTZLER, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-732 : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on February 15, 2001, I served a true and correct copy ora Stipulation for an Agreed Order of Custody, upon Kenneth E. Hertzler, Jr., Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Kenneth Hertzler 168 Texaco Road Mechanicsburg, PA 17050 Date: isty D. Lehtman JODIE M. HERTZLER, Plaintiff VS. KENNETH E. HERTZLER, JR., Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 01-732 . * CIVIL ACTION - LAW * IN DIVORCE STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor children, Kady E. Hertzler, born May 4, 1990; and Conner M. Hertzler, born January 24, 1994. All decisions affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. express duty of each parent to uphold the other parent as one whom the children should respect and love, 4, It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered, 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as a messenger. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 2 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties agree that Dr. Korinchak will continue to be the children's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that the children's legal name are Kady E. Hertzler and Conner M, Hertzler and that they shall be known by these names for all purposes. The parties agree that they will instruct their respective families and friends that the children should not be referred to by any other name. II PHYSICAL CUSTODY The parents shall share physical custody of the children. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: Alternating weekends with Father from Friday at 6:00 p.m. to Sunday at 6:00 p.m. Mid-week visits with Father on each Wednesday from 6:00 p.m. until 8:00 p.m. Easter Sunday from 9:00 a.m. until 6:00 p.m. with Mother in odd years and with Father in even years. Thanksgiving Day shall be divided into two segments: the first segment commencing at 8:00 a.m. and concluding at 2:00 p.m.; the second segment commencing at 2:00 p.m. and concluding at 8:00 p.m.. Mother shall have the first 10. 11. 12. segment in 2000, Father shall have the second segment in 2000 and the segments shall be reversed and alternated annually. Christmas shall be divided into two segments: with Father every year from December 24 at Noon until December 24 at 10:00 p.m. and with Mother commencing on December 24 at 10:00 p.m. and concluding December 25 at 6:00 p.m. every year. New Year's from December 31st at 6:00 p.m. until New Year's Day, January 1st, at 6:00 p.m. with Father in odd years and Mother in even years, the date on December 31 to determine the year. Father's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday with Father every year. Mother's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday with Mother every year. July 3, 2001 at 6:00 p.m. until July 4th at 10:00 p.m. with Mother in even years and with Father in odd years. Father shall have both children simultaneously every summer for up to seven (7) consecutive days of vacation, providing Mother with sixty (60) days prior notice. With respect to President's Day, Memorial Day, Labor Day, Martin Luther King Day, Columbus Day, Veterans Day, all of which occur on Monday, the parent having physical custody of the children during the immediately preceding weekend shall have physical custody on the holiday Monday until 6:00 p.m. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. ~11. TELEPHONE PRIVILEGES JJ~'~']~"~. ~ ~~ The parties agree that there shall be reasonable telephone access between the children and both parents. The parents are encouraged to place telephone calls to the children between 7:00 p,m. and 8:30 p.m. so as not to interfere with dinner or bedtime. The child shall be permitted free access to place calls to her parents at any time she desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than twenty-five (25) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody order. This Stipulation shall be entered as an Order o~the Court.// J e Her Kenneth Hertz!--~/ Edw~m~au~ Esquire Attorney for Plaintiff Attorney for Defendant 5 BY THE C~i JODIE M. HERTZLER, Plaintiff VS. KENNETH E. HERTZLER, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-732 : : CIVIL ACTION - LAW : 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: i. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: February 16, 2001, Certified Mail/Restricted Delivery. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: filed May 30, 2001; by defendant: executed May 26, 2001. Prothonotary: Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the by plaintiff.' filed May 30, 2001; by defendant: executed May 26, 2001. 5. Related claims pending: None WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301(c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1). Dated: Edward J. Weintraub, Esquire Attorney for Plaintiff JODIE M. HERTZLER, Plaintiff VS. KENNETH E. HERTZLER, JR. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 01-732 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. AND NOW, this 20th day of February, 2001 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on February 6, 2001, she mailed a certified copy of the Complaint in Divorce, by certified mail, restricted delivery, return receipt requested, to Kenneth Hertzler, 168 Texaco Drive, Mechanicsburg, Pennsylvania 17050, and the same was received by him on February 16, 2001 as indicated by the return receipt card which~4.~.ff~ z~-~(~'i'i attached hereto.. Wen~o~ve Sworn to and.subscribed before me on this ~day of ~[~}LCO)%] , 2001. Notarial Seal Ml~ p: Lehman, Nota~/Pubiic I-I~Msourg, Dauphin ~;ouniy My Commission Expires Aug. 2, 2004 SENDER: I C.~m~4~e ~ 3, 4a, ~ 4b. ~g ~ces (for ~ ~. ~ ~ ~er ~r fee. 3. ~e ~ress~ ~: , ~- ~ ~. ~de Number ~ ~ ~ 5. R~eived By: (P~nt Na~) 8. ~dre~e's ~ress (Only /f r~uest~ Domestic Return Receipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JODIE M. HERTZLER, PLAINTIFF, VERSUS KENNETH E. HERTZLER, JR., DEFENDANT. No. 01-732 DECREE IN DIVORCE DECREED THAT JODIE M. HERTZLER AND KENNETH E. HERTZLER, JR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 2001 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLIOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET bEEN ENTERED; NONE. ~ -- P/r OTH ~ r~taRy