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HomeMy WebLinkAbout04-5483MAUREEN A. BECKERT, A/K/A MAUREEN A. FRITZ Plaintiff V. ERIC G. FRITZ, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : IN DIVORCE NOTT(-F YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 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. 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 MAUREEN A. BECKERT, A/K/A MAUREEN A. FRITZ Plaintiff V. ERIC G. FRITZ, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (0y, Syd'3 l,.tvi C 1 `t2, IN DIVORCE COMPLAINT TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES the Plaintiff, Maureen A. Beckert, a/k/a Maureen A. Fritz, by and through her counsel, Coyne & Coyne, P.C. and avers the following in support of this complaint for divorce: 1. The Plaintiff, Maureen A. Beckert a/k/a Maureen A. Fritz, is an adult individual who currently resides at 212 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Eric G. Fritz, is an adult individual who currently resides at 1920 Kent Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant, sui juris, have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 1996 and separated and lived separate and apart since January 31, 2004. 5. Neither the Plaintiff nor the Defendant is a member of the armed services. 6. 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. Further, Plaintiff waives her right to request that the parties participate in marriage counseling. COUNT i-RFQTIFST FOR A NO FAT JLT DIVORCE. 7. Paragraphs 1 through 6 of this Complaint are incorporated by reference. 8. The marriage is irretrievably broken. 9. 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. 10. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, if both parties file affidavits consents to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully request the Court enter a Decree in Divorce, pursuant to Section 3301(c) or Section 3301(d), as maybe appropriate. Respectfully submitted, COYNE & COYNE, P.C. Date to l ") 04 BY: Austin F. Grogan Pa. Supreme Ct. N 020 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff VERIFICATION I, MAUREEN A. BECKERT a/k/a MAUREEN A. FRITZ, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. 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 MAUREEN A. BECKERT a/k/a MAUREEN A. FRITZ r ? d r -v S; C) na .r- Ell c'a .b7 r-? i r? V MAUREEN A. BECKERT, : IN THE COURT OF COMMON PLEAS A/K/A MAUREEN A. FRITZ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 04-5483 CIVIL TERM ERIC G. FRITZ, IN DIVORCE Defendant CERTIFICATE OF SERVICE; I, AUSTIN F. GROGAN, ESQUIRE, of Coyne & Coyne, P.C. hereby certify that I have, on the below date, caused a true and correct copy of the Divorce Complaint. to be served upon the person named below by way of certified first class mail, restricted delivery, postage! prepaid, return receipt requested. Mr. Eric G. Fritz 1929 Kent Drive Camp Hill, PA 17011 Date lf G ?a C9U13 . ru UJBy: f o It 7t Q Iv m .. ? ? awl Ai Austin F. Grogan l Pa. Supreme Ct. No. 59020 3901 Market Street Camp Hill, PA 170114227 (717) 737-0464 Attorney for Plaintiff m (Domestic Mail Only; No Insurance Coverage Provided) a For delivery information visit our website at www.usps.com?,, C3 C N I) m J%WP„ $ 80.60 o ,0 82.30 2 ?2 O Retum Reciept Fee $1.75 P 0 (Endorsement Required) 1 ..n r rU Total Postage & Fees $ , 65? 1 I c3 [Sent To ,? ?-? = r sweat; WE WI , 1-11 'fa ( Y ^ . T ni ' r f --a M rj 3 r Y -, -: J is V T David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE Telephone (717) 541-1805 4800 LINGLESTOWN ROAD, SUITE 309 dit®Tamaninkaw.com HARRISBURG PENNSYLVANIA 17112-9507 Attorney for Eric Fritz, Defendant MAUREEN A. BECKERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC G. FRITZ, Defendant NO. 045483 CIVIL ACTION LAW - DIVORCE PRAECIPE TO WITHDRAW APPEARANCE AND ENTER APPEARANCE PRO SE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw my appearance on behalf of the Defendant, Eric G. Fritz, in the above- captioned matter. Respectfully, Dated: 16 d G TAMANINI LAW OFFICE David F. Tamanini, Esquire Supreme Court I.D. No. 27775 4800 Linglestown Rd., Suite 309 Harrisburg, PA 17112 (717) 541-1805 Please enter me as a party pro se (representing myself) in the above-captioned matter, and consenting to withdrawal of my counsel. Respectfully, Q5- DATE t0- ERIC G. FRITZ r .W MAUREEN A. BECKERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5483 ERIC G. FRITZ, Defendant CIVIL ACTION LAW - DIVORCE CERTIFICATE OF SERVICE I, David F. Tamanini, Esquire, attorney for the Defendant, hereby certify that 1, on this day served a copy of the foregoing document on the following person at the address below by first class mail, postage prepaid: Austin F. Grogan, Esquire Coyne & Coyne 3901 Market Street Camp Hill, PA 17011-4227 Dated: 1 9-3 i7G_ Respectfully, TAMANINI LAW OFFICE 5?7? - J;? ? . David F. Tarrianinisquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 A m,. r c? m n n a n c w MAUREEN A. BECKERT IN THE COURT OF COON PLEAS Plaintiff, Pro Se COUNTY PENNSYLVANIA vs NO.04-5483 CIVIL TERM ERICK G. FRITZ Defendant, Pro Se IN DIVORCE AFFIDAVIT OF NON MILITARY SERVICE THAT DEFENDANT IS NOT IN THE MILITARY SERVICE COUNTY SS: STATE OF PENNSYLVANIA Before me, the undersigned authority, personally appeared, Maureen A. Beckert, Plaintiff, pro se, who being duly sworn according to law, Both depose and say that Eric G. Fritz, Defendant, pro se, is not in the Military or Naval Service, based on the following facts: Age of Defendant is 39; present place of employment: none; present place of residence: 1929 Kent Drive, Camp Hill, Pa as of the date of this Affidavit. Sworn and subscribed to before me this d day of September, 2007, a Notary Public of the State of Pennsylvania. awy Pubk Ift of Penrsylva& ?et c :-;., ,ate h?Mrimc, «a of r%D e.'° Q r XMI, " t C1 4ko MAUREEN A. BECKERT IN THE COURT OF COb*1ON PLEAS Plaintiff, Pro Se COUNTY PENNSYLVANIA vs NO.04-5483 CIVIL TERM ERICK G. FRITZ Defendant, Pro Se IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under section 3301(c)of the divorce code was filed on October 29, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the original filing and service of the ccmoiplaint. 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. CS section4904 relating to unshorn falsification to authorities. D b_o? a atei. ??, . I 1?f Maureen A. Beckert Plaintiff, Pro Se 19 Olt MAUREEN A. BECKERT Plaintiff, Pro Se vs ERICK G. FRITZ Defendant, Pro Se IN THE COURT OF COMM10rt PLEAS COUNTY PENNSYLVANIA NO.04-5483 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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 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 Prothonotory. 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. CS section 4904 relating to unsworn falsification of authorities. Dated: Maureen A. Beckert, Plaintiff Pro Se 18 "?C7 CA MAUREEN A. BECKERT : IN THE COURT OF CC14MM PLEAS Plaintiff, Pro Se : CUMBERLAND COUNTY PENNSYLVANIA vs NO.04-5483 CIVIL TERM ERICK G. FRITZ Defendant, Pro Se IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under section 3301(c)of the divorce code was filed on October 29, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the original 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. CS section4904 relating to unsworn falsification to authorities. Dated : ? l 0 -'),"G 0-7 r'A? ?o -,A Eric G. Fritz Defendant, Pro Se 20 a Q MAUREZN A. BECKZRT Plaintiff, Pro Se va ERICK G. FRITZ Defendant, Pro Se IN THE COURT OF COtr M0H PLEAS COUNTY PENNSYLVANIA NO.04-5483 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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 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 Prothonotory. 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. CS section 4904 relating to unsworn falsification of authorities. Dated: -10 ® -1 Eric G. Fritz Defendant, Pro Se 17 C ? ?f ?t?T ? ,.,.. ? ?, ? ? --yt c? CJ't MAUREEN A. BECKERT Plaintiff, Pro Se vs. ERIC G. FRITZ Defendant, Pro Se IN THE COURT OF CCMk4DN PLEAS CL7MBERIAND COUNTY PENNSYLVANIA NO.04-5483 CIVIL TERM IN DIVORCE MEDIATED MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this / o day of SL. piaiwba v , 2007, by and between Maureen A. Beckert a4da Maureen A. Fritz, hereinafter referred to as "Wife", and Eric G. Fritz, hereinafter referred to as "Husband". WITNESSETH: WMREAS, Husband and Wife were lawfully married on October 26, 1996 in Mechanicsburg, Pennsylvania and separated on January 31, 2004; and WHEREAS, Husband and Wife are the parents of a son, Jack Ryan Fritz, born June 13, 1998; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of 1 any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, have been properly advised by their respective former counsel, and now both are proceeding forward as pro se Wife and Husband, having previously been represented by counsel who has since withdrawn as his legal counsel and Husband having an opportunity to consult with an attorney of his own choosing prior to the execution of this document, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: 2 Wife represents and warrants to Husband that since their separation on or about January 31, 2004 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about January. 31, 2004 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5: OUTSTANDING MARITAL DEBTS. Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement except as listed below. The parties agrees to pay the following outstanding joint debts as set forth herein and further agrees to indemnify, defend and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations: , Item: Person Assuming Responsibility: 1. Chase Bank USA, NA Wife Account No.441711796890XXXX 2. MBNA Account No. 4800 12051309XXXX Husband (paid in full Feb 2007) 3. Mortgage and PNC Home Equity Wife 3 4. Taxes on property Wife 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property and marital debt in accordance with the Pennsylvania Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged the other, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including 4 but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital properly, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property. 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 marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Furthermore, it is agreed that the following items currently located at the marital home shall be the Husband's and Husband agrees that he will faithfully work on removing the following items shortly after signing this agreement: 1. Gun Collection 5 2. Skis 3. Miscellaneous items belonging to husband. Should Husband fail to remove these stated items within 30 days of Execution of this Agreement, the above stated items shall be deemed the exclusive property of Wife and Husband waives any future claim to them. Neither parry shall make any claim to any such items of marital property, or of the separate personal property of either parry which is now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this, Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISPOSITION OF REAL ESTATE: Husband agrees to transfer to Wife upon signing of this Agreement all his right, title and 6 interest in their jointly-owned real estate at 212 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania. The deed of transfer shall be prepared by Wife and Husband and both have agreed to share in the expense of transferring the Deed. C. PENSIONAND RETIREMENT BENEFITS: The parties recognize the Husband has a pension, 401(k) Account, and retirement plan together with stock options resulting from his employment with Local 530 Plumbers/Pipefitters' Union. Wife hereby agrees to waive all right, title and interest to these assets. D. TAX LIABILITY:. The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. MOTOR VEHICLES: The parties agree that Husband shall keep 1999 Dodge Truck and his 2003 Harley; and Wife waives her rights to this property. 9. HEALTHINSURANCE. Husband and Wife shall maintain their own individual health, medical, and/or hospitalization insurance. Neither party shall be responsible for any health costs or medical expenses incurred by the other and which are not covered by the said health 7 insurance policy and each party will indemnify and hold harmless the other from any claim put forth in that regard. 10. ALIMONY: Wife will apply for Alimony. 11. COURT FEES, AND EXPENSES: Husband and Wife have agreed to share any court fees and expenses for this Consent Agreement 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state income tax returns through and including 2003. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right and take 8 in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests; rights and claims. 14. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and are continuing as pro se, such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. Section 3301(c) or (d) in accordance with this agreement. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named Defendant, Pro Se in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. BREACHAND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the 9 right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief and may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 16. 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, further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further both parties hereby acknowledge that they have the right to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 18. VOLURTARY EXECUTION: The provisions of his Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the 10 assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have sought out all information relating to the financial affairs of the other which has been requested and supplied to each other voluntarily. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement 11 21. MODIFICATIONAND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: 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. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or 12 declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. Witness 67 MAUREEN A. BECKERT a/k/a a -9007 Notary PuMIC Stv':. ,. , Inla Ma; *4-k r!?AP"AJftA L-jWcs 09130/2090 Maureen A. Fritz (Wife) ~ C :Z? --' ERIC G. FRITZ band) Notary Pubk State of "ennsylvaoia Margaret F. Fitzpatrick My Appoi ftW Expires eM4? 13 t"1 .- C-no W c.n 4 _v MAUVE= A. BECKERT Plaintiff, Pro Se vs. ERIC G. FRITZ Defendant, Pro e IN THE COURT OF COMMM PLEAS CLA4BERI.AND COUNTY PENNSYLVANIA NO.04-5483 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROT$ONOTORY: PLEASE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievably breakdown under the divorce code. 2. Original complaint served by Certified mail November 22, 2004. 3. Revised Mediated Marriage Settlement Agreement attached. 4. Plaintiff's Waiver of Notice filed with Prothontory herein attached. 4. Defendant's Wavier of Notice filed with Prothonotory hereby attached. 5. Affidavit of Consent by Plaintiff herein attached. 6. Affidavit of Consent by Defendant herein attached. 14 Y 7. Proposed Order of Divorce Decree. 8. Affidavit of Non Military Service of Defendant. By signing below, we certify that we have both received a true and correct copy of the foregoing Praecipe to Transmit the Record and all of the above listed documents this da o te,nber, 2007 // /tV-?vo-7 Plaintiff, Pro Se o -7 Defendant, Pro Se I verify that the statements made in this complaint in Divorce are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. section4904 relating to unsworn falsification to authorities. //!1 MAUREEN A. BECIZRT Plaintiff ,Pro se 212 East Simpson St Mechanicsburg, Pa 17055 9 ., "o a ° ° 7 r ,,e :7"-l ERIC G. FRITZ D endant, Pro Se 1929 Kent Drive Camp Hill, Pa 17011 jn - l d a oo 15 Z4 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. O CI- S 03 La r w? ?o VERSUS L L2 C", G`? 0 6 DECREE IN DIVORCE ?r vi ? c?r? AND NOW, 16 , ?, IT IS ORDERED AND DECREED THAT PLAINTIFF, AND L? f / C-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; BY THE COURT: PROTHONOTARY f Gp. 61.e