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to seek to have this Agreement merged into a decree of divorce. The Parties agree that the tem1S
and conditions of this Agreement are to survive any court order or decree of divorce, and are to
be enforceable as the independent contractual obligations of the Parties aller the entry of any such
order or decree,
1,05, /Jate of Marriage, The Parties were married on August 29, 1992, in Schuylkill
County, Pennsylvania, and ever since that date have been, and are now, husband and wife.
1,06, /Jate of Separation, The Parties have been living separate and apart from each
other since May 31, 1995,
1,07, Children of Parties. The Parties have no children born to their union as of the
Date of this Agreement, and Wife is not now pregnant.
1,08, Separation of Parties and Divorce Actio//. The Parties agree that grounds for
divorce from their bonds of matrimony currently exist, and they are currently living separate and
apart, A complaint for the divorce of the Parties has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, (at docket number 95-3952 Civil Tem1) and is now pending,
ARTICLE II,
PURPOSE OF AGREEMENT AND EFFECTIVE DATE
2,01, Sell/emelll (if Property. It is the purpose and intent of this Agreement to settle
forever and completely the interests and obligations of the Parties in all property that they own
separately, and all property that would qualifY as marital property under Section 350 I of the
Pennsylvania Domestic Relations Code 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 confonns to a just and fair standard, with due regard to the
rights of each Party, The parties have attempted to divide their marital property in a manner
which confonns to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations
Code, 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 need for each of the parties; the opportunity of each party lor future acquisition of capital
assets and income; the sources of income of both parties, including, 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 marital property; the value of the
property set apart to each party; and the standard of living of the parties established during their
marriage,
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The division of marital property is not intended by the Parties to constitute in any wny a sale or
exchange of assets, and the division is being ellected without the introduction of outside funds or
other property not constituting a part of the marital property.
2,02, SlIpporl of SpOIl,\eS, The Parties intend by this Agreement to nil ocate sutlicient
property and income to each so as to provide completely for all needs of each tor tuture support,
2,03, Jiffecliw /Jale. This Agreement shall become etlective on the date signed by
Husband, Joseph C, Hertz,
2,04, Jiffecl of /Iecollcilialioll. If. aller the divorce of the Parties is final, they reconcile
and resume cohabitation, regardless of whether they subsequently remarry each other, this
Agreement shall remain in full force and ellect.
ARTICLE III,
DISCLOSURES
3,01, Warrallly of FilII /Jisdo,l1Ire. 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
which any property is subject. Each Party further represents that he or she has made a full and
fair disclosure to the other of all debts and obligations of any nature for which he or she is
currently liable or may become liable. Each Party further represents and warrants that he or she
has not made any gift or transfer for inadequate consideration of marital property without the
prior consent of the other, No r~~rc:entation or warranty by either Party in this Agreement or in
any writing furnished pursuant to this Agreement contains any untrue statement of a material fact,
or omits any material fact required to make the statement not misleading,
3,02. Fillallcial Slalell/em, AlIached as Exhibit A to this Agreement and incorporated
by reference is an unaudited financial statement of all marital property of the Parties as of the date
of separation, May 31,1995, The Financial Statement was prepared by Andrea M. Hertz, Wife,
at the direction and eonsent of both Parties. To the best of the knowledge and belief of both
Parties, the Financial Statement, as of the date of its preparation, discloses and evaluates all
marital property, debts, liabilities, and obligations of the Parties that are due, contingent. or may
become due, including liabilities for any unpaid taxes,
3,03, ('emlill/le" Validity of Fillallcial SIa/ell/e/ll. Between the date on which the
Financial Statement was prepared and the date of this Agreement, neither Party has:
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(a) Incurred any obligations or liabilities except currcnt liabilities incurred in their
individual capacities.
(b) Mortgaged or encumbered any marital property, tangible or intangiblc.
(c) Canceled any debt or claim or sold or transferrcd any marital property.
(d) Suffered any damagc, destruction, or loss, whether or not covered by insurance,
affecting marital property, business, or prospects. or waived any jointly held right
of substantial value.
(e) Entered into any transaction in any way related to any marital property other than
in the ordinary course of business.
Since the date of the Financial Statement, there has been no event or change in condition,
financial or otherwise, materially affecting the value of any marital property, other than changes in
the ordinary course of business.
3,04, Access to Tax Rel/mls. Each Party acknowledges that, to the extenl 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,
3,05, l.itigatio/l, There arc no actions or proceedings pending against either Party or
involving any marital property at law or in cquity or before any federal, state, municipal, or other
governmental body. Neither Party is aware of any facts that might result in any action, suit, or
proceeding against either Party or against any marilal property, Neither Party is in default with
respect to any order or decree of any court or of any governmental body, and no marital property
is liable for the payment of any obligation by order or decree of any court or governmental body,
3,06, Filing of Tax Retllflls, All federal, state, and local tBJ( returns required to be filed
by the Parties have been filed, and all federal, state, and local tBJ(es required 10 be paid with
respect to the periods covered by the returns have been paid, Neither Party has been delinquent in
the payment of any tax, assessment, or governmental charge, Neither Party has had any tax
deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of
limitations on Ihe assessment or collection of any tax,
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3,07, Title to Properties and Asset,\', All marital property, including wilhout limitation
that rellected in the Financial Statemenl and that subsequently acquired, has good and marketable
title, No marital property is subjecl to any mortgage, encumbrance, or restrictions, except as
disclosed on the Financial Statement as securing specified liabilities,
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ARl'ICLE IV,
CONFIRMATION OF SEPARATE PROI'ERTV AND SEPARATE DEBTS,
4,01, H/I.~balld',\' Separate Property, The I'arties confirm that the following property is,
at all times during marriage was, and shall at\er divorce remain, the separate property of Husband:
(a) Sundry items of personal property that are not specifically enumerated in Exhibit A or
in the instant Agreement.
The Parties further confirm that any income from and increases in value in this separate property
that accrued during marriage were solely due to reasons wholly independent from any
contribution made by Wife, and that this income and appreciation in value is the separate property
of Husband,
4,02, Wife's Separate Property. The Parties confirm that the following property is, at all
times during was, and shall after divorce remain, the separate property of Wife:
(a) Videocassette recorder (VCR),
(b) Two (2) air conditioners (purchased wi home).
(c) Stove (purchased wI home),
(d) Refrigerator (purchased wI home),
(e) Miscellaneous household items and furniture given to wife by her family members,
(I) Sundry items of personal property that are not specifically enumerated Exhibit A or in
the instant Agreement.
The Parties further confirm that any income from and increases in value in this separate property
that accrued during marriage were solely due to reasons wholly independent from any
contribution made by Husband, and that this income and appreciation in value is the separate
property of Wife,
4,03, Separate Property of H/I.~balld with Maritallllterest. The I'arties confirm that the
following property is, at all times during marriage was, and shall after divorce remain, the separate
property of Husband:
(a) None
However, the Parties confirm that the amount of $0 represents appreciation in value of this
separate property that accrued because of the contributions of Wife to the marriage, This amount
is to be considered as marital property and subject to the equitable division of marital property as
set forth in Article V oflhis Agreement.
50fl4
4.04, Sepamte Property (if "'i/e wi/II Maritallmerest. The Parties confirm thaI lhe
fOllowing property is, al all time during marriage was, and shall aner divorce remain, the separate
property of Wife:
(a) Real property localed at 1106 Ranll Villa Avenue, Camp Hill, Cumberland County,
Pennsylvania
However, the Parties confiml thaI the amount of $0 represents appreciation in value of this
separale property that accrued because of the contributions of Husband to the marriage, This
amounl is to be considered as marital property and subject to the equitable division of marital
property as set forth in Articles V of this Agreement.
4.0S, /{eleal'e (if Imerest in Septlmte Property. E"cept as set forth in Paragraphs 4,03
and 4,04, each Party releases forever any claim to or interest in the separate property of the other
as set forth in this Article IV, whether the interest mighl arise incident to the marital relationship
or otherwise,
4,06, Separate Deht.~ (if HII,I'hand. The Parties confiml that the following debts and
obligations are, at all time during marriage were, and aner divorce shall remain, the separate debts
of Husband:
(a) Student Loan(s)
4,07, Separate Deht.\' (if "'i/e. The Parties confirm that the fol/owing debts and
obligations are, at all times during marriage were, and after marriage shall remain, lhe separate
debts of Wife:
(a) Mortgage on real property located al 1106 Rana Villa Avenue, Camp Hill,
Cumberland County, Pennsylvania
4,08. Indemnity for Separate /Jehts, Each Party agrees to pay his or her separate debts
as set forth in Paragraphs 4,06 and 4,07 of this Agreement, Each agrees to hold the other
harmless from any and aI/ liability on account of these separate debts and obligations, If any
claim, action, or proceeding seeking to hold lhe other Party liable on account of these debts and
obligations is instituted, the responsible Party will at his or her sole e"pense defend the other
Party, and indemnify lhe other Party against any loss that he or she incurs as a result of the claim,
action, or proceeding,
4,09, Exemption from Hqllitahle /Ji,I'trihl/tion, E"cept as set forth in Paragraphs 4,03
and 4,04 of this Article conceming appreciation in value of separate property during marriage, the
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6,03, A.I:Illmptilll/.l' hy Wife. Wife agrees to pay and hold husband harnlless on the
following debts and obligations:
(a) PSECU VISA
(b) "NO Loan (Personal Loan)
$ 1,798,59
$ 6,637,24
If any claim or action is initiated seeking to hold Husbllnd liable for any of these debts or
obligations, Wife will, at her sole expense, defend Husband against the claim or action, and
indemnifY him against any loss resulting from Ihe proceeding.
6,04, SlIbseqlle/ll Debts, Each Party agrees to pay and to hold the other Party harnlless
from any and all personal debts and obligations incurred by him or her from the date of this
Agreement, If any claim, action, or proceeding seeking 10 hold the other Party liable on account
of future debts and obligations is instituted, the responsible Party will at his or her sole expense
defend the other Party against it, and indemnify the other Party against any loss that he or she
incurs as a result of the claim, action, or proceeding.
ARTICLE VII,
PA YMEN1' OF TAXES
7,01, 'fax Deficie/lcies a/ld Refill/d~fllr Prior Year,l', It is agreed that the Parties shall be
jointly liable for and shall pay any and all deficiencies in state and federal income taxes, including
penalties and interest, related to the joint income tax returns of the Parties for all years prior to
1995, and shall jointly be entitled to any refund due to the Parties for those years. Parties shall
jointly pay any and all costs of defending the Parties against any asserted deficiencies, or of
prosecuting any refund claims, Parties agree to cooperate fully in filing any and all necessary
pleadings and documents, including protests, petitions, refund claims, and powers of attorney,
7,02, Tax Retllms fi}r Year of /Ji\VJrce, Each Party shall life a separate return for the
eurrent year (i,e" 1995) throughout the year of divorce decree, and shall be solely responsible for
the payment of his or her own taxes as reflected by the tax returns, Each Party agrees to continue
to make all books, records, tax returns, journals, ledgers, and any other bookkeeping or financial
information of any nature that pertain to the marriage available to the other at any time after the
judgment of diVorce, Each Party shall be allowed to consult with the accountants or tax counsel
of the other for the purpose of gathering any inlornlation necessary for the preparation and lifing
of any tax return. The Parties agree that, to the extent pernlitted by law, all deductions and tax
credits that accrued during 1992, 1993 and 1994 shall be divided equally between them on their
state and federal income tax returns, The Parties further agree that, to the extent permitted by
law, all deductions and tax credits connected with the real property located at 1106 Rana Villa
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ARTICU; IX,
GENERAl, I'ROVISIONS
9,01. Release of All ('faillls, Except as specilically set forth in this Agrccmcnt, each
Party to this Agreement releases the other Irom all claims, linbilities, dcbls. obligations, nnd causes
of action tbat have becn incurred during the marriage belween the I'artics,
9,02, Gelleral /Jill)' to IlIdell/llif)', Each Pnrty represents nnd warrants to the othcr that
he or she has not incurrcd any debt, obligation, or other liability, other than those described in tlds
Agreement, on which the other Party is or mny be liable. Each Party covenants that if any claim,
action, or proceeding is initiated seeking to hold the olher Pnrty liable for any debt, obligation,
liability, act, or omission related to the marriage of the Parties for which that Party is responsible
under the terms of this Agreement, the responsible Party will, at his or her sole expense, defend
the other against the claim or action. In addition, each Party covenants that he or she will
indemnifY and hold harmless the other Party with respect to all damages resulting from the
proceeding.
Damages, as used in this Agrcement, shall include any loss, cost, or their liability without
limitation that results trom the prosecution of any claim, action, or demand, Damages shall also
include reasonable attorney fees and other expenses incurred in the investigation or in the attempt
to avoid the litigation, or in enforcing any right of indemnity, In addition, the damages must result
from any inaccurate representation made by or on behalf of either Party to the other in or pursuant
to this Agreement, or from a breach of any of the covenants, promises, or obligations made by or
incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other
prompt written notice of any demand, claim, or litigation that is threatened or instituted against
him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of
this Paragraph,
9,03, Credit Card~ alld ACCOIII/t,\', All existing charge accounts and credit cards in the
names of Husband and Wife, or in the name of either of them under which the other may be
extended credit for purchases, shall be closed or surrendered to their issuer as of the effective date
of this Agreement,
9,04, Right to Uw Separatel)' alld Free From IlIletjerellce. The Parties shall live
separate and apart from each other, Neither Party shall interfere with the other Party in any
respect, Each Party may carry on and engage in any employment or their activity as he or she
may deem desirable for his or her sole use and benefit. Neither Party shall interfere with the use,
ownership, or disposition of any property now owned or subsequently acquired by the other.
1101' 14
9,05, Acts Prior to Hlltry of /Jimrce Decree. Each I'arty agrees that neither shall enter
into any transaction or perfonn any act that would constitute a breach of the representations,
warranties, or promises contained in this Agreement. Ench I'arty will allord to the other, or his or
her representative, reasonnble access, during nom181 business hours, to the books nnd records of
all marital property, and will coopernte in the examination, No examinations, however, shall
constitute a waiver or relinquishment by either of the right to rely on the covenants,
representations and warranties of the other as provided in this Agreement. Ench ngrees to hold in
confidence all infom18tion so obtnined, and nny document or instillment obtnined pursunntto this
Paragraph shall be held on an express tlllst tor and on behalf ofthe other.
9,06, Natl/re alld SlIrI'iml of l/eflre.I'elltuliOllS alld Warrtllltie,v, All statements of fact
contained in any document dclivered by either Party to the other tor infomlation or reliance
pursuant to this Agreement shall be considered representations and warranties under this
Agreement. All representations and warranties of the Parties shall survive the entry of the divorce
decree,
9,07, I/ecordl' of MaritalProflerty. For n period of three (3) years following the date of
entry of the divorce decree, the books of account and records of all marital property pertnining to
all periods during marriage and prior to the date of entry of the divorce decree shall be available
for reasonable inspection by either Party or their representatives for use in connection with any
lawful purpose,
9,08, Waiwr of Right.I' to Other Party's I~:vtule. Each Party waives any and all of the
following rights:
(a) To inherit any part of the estate of the other at his or her death,
(b) To receive property from the estate of the other by bequest or devise, except under
a will or codicil dated subsequent to the ellcctive date of this Agreement.
(c) To act as a personal representative of the estate of the other on intestacy,
(d) To act as an executor under the will of the other, unless nominated by a will or
codicil dated subsequent to the ellcctive date of this Agreement.
9.09, Mallller oj PaYlllellt,l' alld Notice. All payments and notices provided tor in this
Agreement shall be considered properly and timely made if deposited in the United States mail in
an envelope bearing adequate postage and addressed to the recipient at the address specified in
this Agreement, or at any other address that may be designated in writing, on or before the dote
provided for in this Agreement.
1201'14
IN WITNESS or this Agreement, the Parties set their hands and am" their seals on the
date(s) below, with the intent to be legally bound,
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EXHIBIT A
Unaudited Financial Statement of All Marltal Property of;
Andrea M. Hertz
Joseph C, Hertz
5/31/95
Acquisition Separation
Dale Date
Marltll A..atl
<A> '93 Mercury Topaz $8,290.50 $8,500,00
'93 Mercury Tracer $11,488,40 $8,500,00
Beer Meister $900,00 $700,00
Dart Board $299,00 $200,00
GasGrlll $199,00 $150,00
Lawn Mower $300,00 $200,00
<B> Living Rm, Furniture $1,102,00 $800,00
<C> Stereo/CD Player $583,81 $500,00
Television $300,00 $300,00
Washer/ Dryer $727.13 $800,00
Wortd Book Encyclopedias $771,86 $700,00
Total MartIal Assets $24.939,70 $17,150,00
Marltll Debt
<A> '93 Mercury Topaz Loan ($5,862,00)
<B> Living Rm. Furniture Loan ($802,00)
<C> Boscov's ($523.81)
PNB Loan ($8,637,24)
PSECU VISA ($1,798,59)
Total Marltal Debt n/a ($15.423,64)
Recap of Property Selllement
Summary of Asset Allocation pursuant to the Property Settlement Agreement,
Section Descrlptlon Joseph C. Andrea M, Total Marllal
Number Hertz Hertz Assets
11.03 Living Room Fum, $800,00
11,03 Washer & Dryer $600,00
11.03 GasGrlll $150,00
11.03 Lawn Mower $200,00
11,03 Television $300,00
11,03 '93 Mercury Topaz $6,500.00
11,03 Encyclopedias $700,00
11,04 Dart Board $200,00
11,04 Stereo/co Player $500.00
11.04 Beer Meister $700,00
11.04 '93 Mercury Tracer $6,500,00
Dollar Value $7,900,00 $9,250,00 $17,150,00
Percentage 46,06% 53,94% 100,00%
Summary of Debt Allocation pursuant to the Property Selt/ement Agreement.
Section Descrlptlon Joseph C, Andrea M, Total Marltal
Number Hertz Hertz Debt
11,011 Boscov's Charge $523,81
lI.OlI Commercial Credit $602,00
lI.OlI Ford Credit Co, $5,882,00
'.02 PNB Loan $6,637,24
',04 PSECU VISA $1.798,59
Dollar Value $523,81 $14,899,83 $15,423,64
Percentage 3,40% 96,60% 100.00%
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5. Attached are copies of the Property Settlement Agreement dated October 17,
1995 and entered into by the parties, Said Agreement should be incorporated into the
Divorce Decree,
Respectfully submitted,
Date:~
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Kathleen 0, Keating. Esqui e
Attorney I,D, # 66271
44 South Hanover Street
Carlisle, PA 17013
(717) 240-0145
5, There have been no prior actions of divorce or for annulment between the
parties,
6, Plaintiff has been advised that marriage counseling is available and that
Plaintiff may have the right to request that the Court require the parties 10 participate in
counseling, Having been so advised, the Plaint ill' docs not desire the Court to order
counseling,
7, The marriage is irretrievably broken, The foregoing facts arc averred and
brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980. as amended.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in
divorce, divorcing Plaintill' from Defendant,
Respectfully submitted,
Kathleen D, Keating. Esqui
Attorney (,D. # 66271
44 South Hanover Street
Carlisle, PA 17013
(717) 240-0145
Attorney for the Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ANDREA M, HERTZ,
P/ainrill'
v,
CIVIL ACTION - LAW
IN DIVORCE
JOSEPH C, HERTZ,
NO. 95- 3QSa CI~il T,rjW\
Defendant
AFFIDA VIT OF CONS.:NT
I. A Compliant in divorce under Section 3301(c) of the Divorce Code was filed
on July 26, 1995,
2, The marriage of the Plainrill' and Defendant is irretrievably broken and more
than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce,
3, I consent to the entry of a final decree in diVorce.
4, 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.
5, I understand that the costs of these proceedings will be paid for by Plaintiff.
I verity 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,
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Andrea M, Hertz,
I'/aintifl'
Date: lO/.kI'J'>
. - '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ANDREA M, HERTZ,
Plaintiff
v,
CIVIL ACTION - LAW
IN DIVORCE
JOSEPH C, HERTZ,
NO, 95.3952 Civil Term
Defendant
AFFIDA VIT OF CONSENT
I. A Compliant in divorce under Section 3301(c) of the Divorce Code was filed
on July 26, 1995,
2. The marriage of the Plaintiff and Defendant is irretrievably broken and more
than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce,
3, I consent to the entry of a final decree in divorce,
4, 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,
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,
Joseph ~ ~ .1Idt
Defendant
Date:
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF tIl-.~
JJ.
On this, thdL:: day ofHtil,.1995, before me, the undersigned officer, personally appeared Andrea
M. Brindle, known to me or satisfactorily proven to be the person whose name is subscribed to the
within instrument, and acknowledged that she executed the within instrument for the purpose herein
contained and with the intent to be legally bound,
: ss,
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal,
~~..~..~4.
Notary Public
(SEAL)
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