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Home My WebLink About07-5076s BARBARA ANN MOORS, Plaintiff v. JOHN WESLEY MOORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. p7 - 5071. (~' i v i I ~~ IN DIVORCE NOTICE TO DEFEND AND CLAIlYI 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 grounds 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 at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF 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. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 •i BARBARA ANN MOORE, Plaintiff v. . JOHN WESLEY MOORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the above named Plaintiff, Barbara Ann Moore, by and through her attorneys, Weigle & Associates, P.C., and Richard L. Webber, Jr., Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff, Barbara Ann Moore, is an adult individual presently residing at 156 Chamberlin Road, Hopewell Township, Cumberland County, Pennsylvania, since March 30, 2007. 2. Defendant, John Wesley Moore, is an adult individual with last known address at 30 E. Fredrick St, Williamsport, MD 21795. 3. The Plaintiff and Defendant are nationals and citizens of the United States of America, and both have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 18, 2006, in Shippensburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. The Plaintiff requests the court to enter a decree of divorce. WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126 EAST K[NG STREET - SHIPPENSBURG, PA 17257-1397 WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony and for such other and further relief to which Plaintiff shall be entitled. WEIGLE & ASSOCIATES, P.C. Richard L. Webber, Jr., Esquire Attorney for Plaintiff Attorney ID # 49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-7397 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Dated: g o7 /- G' ~ ,~: /,-. BARBARA ANN MOORE, Plaintiff WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 °e o~ J CJ +v O a .o w .~-- -_, 4~ (~ ~ ~' ~~ ~ -~ ~-. ~ r ?Cj b a ~ N -c ~ ~ ~ J v; v t BARBARA ANN MOORS, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CTVII.. ACTION -LAW NO. 07-5076 Civil Term JOHN WESLEY MOORS, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Brooke L. Naugle, being duly sworn according to law, deposes and says that on September 6, 2007 a true and attested copy of Complaint in Divorce wRth Notice to Defend and Claim Rights was served upon the Defendant, John Wesley Moore. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: John Wesley Moore 30 East Frederick Street Williamsport, MD 21795 The return receipt dated September 15, 2007 signed by the Defendant is evidence of delivery to him and is attached hereto as "Exhibit A." B e L. Nau Sworn to and subscribed before me this 19'~ day of Sep~m~, 200~1~ Notary Public Fltia~ R• ~ Hand rPP~_., c,n,ires Jan. 2( WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 BARBARA ANN MOORE, Plaintiff v. JOHN WESLEY MOORE, Defendant IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. IN DIVORCE ^ Corr~{~IaN t~t+ll 1, 2. end"3.,ANo oomph fE~m 4 K Rid DaNwey is dMkad. ^ Pont your twna and addnM on.tlts t~wariil so tFMR t+w can nibxn the caret to you. ^ Attach thN card to 1lra t~adc d 1hs or on the trout N space pemrks. 1. /1rUoN Adtttwnd to: M!. John Nee8lea~ M~ootCe ~~ 30 ~t Frade!rict ift r, ~ Wiliiarsport, ~ 21795 "' by f Nlrny ` C. D. N dNiwry tidtius dSwent Aom ff YES. e>nte~ dMMwr add~~ee f a ~ Qf C~rYMd NWI p tiMM O w~rcr wwrn Frwetpc tc>r AAerriiendle* p ktwmed ~Adl p CAA. a. w.a~cad D.Nwry'r ~ F++~ s. Arad.t+~.nt~ 7005 1820 005 6338 4514 QHrNarr porn an+dotr 1a6iQ PS term 381' 1, R~Itrlney ~ Dner~Mlo ~~ ~0~ ~arasos~a¢~w-ts~o .. i J' i a F RLW ~~ • o ~ cernned rye ~ -~ Rearm weep Fes r lEndt>tssrnsnt - . ~ J G. ~ G/ v c' ,,,~~ 7bta1 Pwuo. a Fees $ \~~ =~ 0 Mr. John Wesley_ Moore______________________________ ahQacctra 30 .Fe#&~..:X~~S~S:..r~~JCtR~L --------------- ~'~"~"" WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ~ ~ ~..? . ^~t h - { - i fJAI' ~ a , ~ ... ~ ~ ~~ , ( ~ ~ ' ti ~ . BARBARA ANN MOORE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW . NO. 07-5076 Civil Term JOHN WESLEY MOORE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1 • A Complaint in divorce under §3301(c) of the Divorce Code was filed on August 24, 2007. 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 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. § 4904 relating to unsworn falsification to authorities. Dated: ~fj /'~ ~ ~~ may; BARBARA ANN MOORE, Plaintiff WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-7397 i ^~ ~ ~ ~ '~ww'j J ~~ ~~..•.~,, r-p c= ~ ~ ~? _ } ~ , ~ ~~ , :~ -~c BARBARA ANN MOORS, Plaintiff v. JOHN WESLEY MOORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-5076 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) AND ~ 3301(d) 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. 1 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. Dated: ~(~ /~ U ~ ./~/.~r.~.., G~n~1 BARBARA ANN MOORS, Plaintiff WEIGLE & ASSOCIATES, P. C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 172 57-13 9 7 ~ ~ C ` ' ~ G _ ~ ~ ~_ : ~ ~ ~., _ ~~ s~tia 4y~ F ~ ~.' .~-~' i w~ ..~~ i'~ _., -r ~, ,- ` ,. ~:~ -K' ~,.~ BARBARA ANN MOORE, Plaintiff v. JOHN WESLEY MOORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-5076 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Coale was filed on August 24, 2007. 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 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. § 4904 relating to unsworn falsification to authorities. Dated: "" U WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW 1~6 EAST KING STREET - SHIPPENSBURG, PA 17257-7397 ~ ~ -~i ~. r° _ ..~;~ ~ ~." ~ ' t~'? ~ ~w µs - _ -~ :,..' .....n BARBARA ANN MOORE, Plaintiff v. JOHN WESLEY MOORE, Defendant IN THE COURT O~ COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 0?-5076 Civil Term IN DIVORCE 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 unsworn faleifinatinn to anthnritiec Dated: (~ I ~J" G fI WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 C7 C r" c`~a . '.` ~„ f T ~~ ;,.~ =i ' t ~, c a - -~ s ~ -rs;,; -~ ~:.'~ ~ -,. ' ,. -~ :~< t ~~ ~~ '~~~ . Page 1 of 7 MARITAL AGREEMENT L, THIS AGREEMENT, made this ~~~ day of ~C~ ~l 2008, by and between JOHN WESLEY MOORS, hereinafter referred to as "Husband", of 1195 Nestlequarry Road, Falling Springs, WV 25419, and BARBARA ANN MOORS, hereinafter referred to as "Wife", of 156 Chamberlin Road, Shippensburg, Cumberland County, Pennsylvania 17257. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 18, 2006, in Cazlisle, Cumberland County, Pennsylvania, with no children having been born of the marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto aze desirous of settling some of their respective financial and property rights and obligations as between each other including, without limitation by specification: the implementation of custody/visitation arrangements for the minor children of the parties; the equitable division of marital property; and the settling of all matters between them relating to the past, present and future support, alimony and /or maintenance of Wife by Husband or of Husband by Wife. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and under takings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds, if such grounds exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation, on the part of either party hereto, of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 2. DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect if and when a final decree in divorce would be entered with respect to the parties. The parties hereto agree to enter into a mutual consent divorce under Section 3301(c) of the Pennsylvania Divorce Code of 1980, as amended. Wife agrees to pursue the present divorce action filed to No. 07-5076 Civil, 2007, in the Court of Common Pleas of Cumberland County, Pennsylvania, and to be the Plaintiff therein. Husband agrees to sign the necessary documents, including the Affidavit of WEIGLE & ASSOCIATES, P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 2 of 7 Consent, and Waiver of Notice of Intention to Request Entry of Divorce Decree may be reasonably required to give full force and effect to the provisions of this Agreement. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement may be incorporated into any divorce decree, which may be entered with respect to them but shall not merge therein. 4. DATE OF EXECUTION The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife, by Richard L. Webber, Jr., Esquire, who is attorney for Wife. HUSBAND ACKNOWLEDGES THAT HE HAS BEEN ADVISED TO SEEK INDEPENDENT LEGAL COUNSEL TO REVIEW THIS AGREEMENT AND THAT HE HAS HAD AN OPPORTUNITY TO DO SO. Both parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations and understand the same. The parties hereto further acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment, which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 7. SEPARATION DATE The parties do hereby acknowledge that they separated on July 15, 2007. It is hereby agreed that July 15, 2007, shall be the separation date for purposes of equitable distribution under the Pennsylvania Divorce Code unless altered by subsequent agreement of the parties in writing and signed by each of the parties. No attempt at reconciliation shall be considered to alter the separation date unless evidenced by written agreement. II WEIGLE & ASSOCIATES, P.G. -ATTORNEYS AT LAW - i26 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 3 of 7 8. MOBILE HOME Husband shall hereby release his interest in the 1996 Commodore Mobile home, VIN CU29602AB that the parties own jointly that is presently located at 156 Chamberlin Road, Shippensburg, Cumberland County, PA 17257, Pennsylvania. Husband shall execute the mobile home title certificate simultaneously with the execution of this Agreement and subsequent to wife's execution of Husband's 1996 Jeep Title referenced in Paragraph 11 below. Wife acknowledges that she has signed the Jeep Title and has placed it in escrow with her attorneys, Richard L. Webber Jr., and Weigle & Associates, P.C. The parties acknowledge that the mobile home was purchased with funds which Wife acquired prior to the marriage as well as the loan from Orrstown Bank as referenced below. Wife shall be responsible for all lot rent subsequent to the date of separation. 9. RETIREMENT ACCOUNTS, IRA'S, LIFE INSURANCE Each party hereby waives any rights that he or she may have with respect to any employee benefits, retirement accounts, pensions, IRA's, life insurance, and similaz assets of the other. 10 PERSONAL PROPERTY. FUNDS ON DEPOSIT_AT BANKS OR FINANCIAL INSTITUTIONS The parties agree that they have previously divided all personalty and cash and cash accounts. 11. AUTOMOBILE Wife shall transfer to Husband all of her interest in a 1996 Jeep motor vehicle, VIN 1U4E2585ITC131045 asoutlined in paragraph 8 above. Registration and transfer fees and taxes relating to the transfer shall be paid by Husband. The Jeep title shall be released from escrow. to Husband upon receipt by Wife's attorney from Husband of this fully executed Marital Agreement, Affidavit of Consent, Waiver of Notice, and the mobile home title certificate referenced in paragraph 8 above. 12. WARRANTY AS TO EXISTING OBLIGATIONS The parties acknowledge that there is an obligation to Orrstown Bank of Shippensburg, Pennsylvania. The obligation is approximately $6000.00. Wife assumes full responsibility for said obligation. The parties are not aware of any other obligations for which the other may be liable. Each party agrees to indemnify and hold the other party harmless from the liabilities assumed. Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 4 of 7 against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 13. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur a liability whatsoever for which the estate of the other may be liable. 14. LEGAL FEES Each party shall pay their own legal fees and costs associated with this Agreement and any subsequent divorce proceeding. 15. INCOME TAX RETURNS The parties agree to file separate federal and state income tax returns. 16. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE. AND ALIMONY Husband and Wife do waive any and all claims which he or she may have against the other with respect to alimony, alimony pendente lite, and spousal support. 17. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all future instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 20. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 Page 5 of 7 available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 21. WAIVER OF OTHER RIGHTS The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under and pursuant to the Divorce Code, Action of April 2, 1980, Number 1980-26, as amended, particulazly the provisions for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and except as specifically provided for in this agreement, hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. From the date hereof, each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other pazty. 22. FINANCIAL DISCLOSURE The parties confirm that they have had an opportunity to request full and complete of the financial disclosure from the other as an inducement to the execution of this Agreement. 23. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such parry hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similaz nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 24. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declazed to be void or invalid in law or otherwise, then only that term, condition, clause or provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof aze inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 6 of 7 26. VOLUNTARY EXECUTION The provisions of this 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, and that it is not the result of any duress or undue influence. 27. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similaz nature. 28. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and yeaz first above written. WITNESS: ~, ~ Date: ~Q /~ ~~ WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 77257-1397 Date: c~ V 4 ~AiI ~ / / BARBARA ANN MOORE II Page 7 of 7 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF V~w~ ~ (~~~ On this, the i ~~day of ~C~U~J~ , 2008, before me a Notary Public, the undersigned officer, personally appeared JOHN WESLEY MOORS, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Luanne E. Kyle, Notary Public Shippensburg Boro, Cumberland County My Commission Expires Jan. 20, 2009 Member, Pennsylvania Associaticn of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS L, On this, the ~ Ll t day of D~ ~ ~~'~ , 2008, before me a Notary Public, the undersigned officer, personally appeared BARBARA ANN MOORS, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. `~^ ~ (SEAL) __.__4 `y r ~.~`AL SEAL h t*`s RICHAP~ ,.. t~"6~tiB~3El? .lo ~;~Y PUBLIC SHIPPENSBU[`t~ P°`Y" 'WAND COUNTY MY CCU"+F°''~ `` ~~ DULY 15, 2010 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~" J y t IMP ~ ~+~ ter. ... F ~ . . „, 3 .~ ~ Y ~ '^~~ /~, r BARBARA ANN MOORE, Plaintiff v. JOHN WESLEY MOORE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-5076 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: September 6, 2007 by Certified Mail, Restricted Delivery, Return Receipt Requested (signed by Defendant on September 15, 2007). 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, Barbara Ann Moore -October 14, 2008; by Defendant -John Wesley Moore -October 15, 2008. 4. Related claims pending: None 5. Date Plaintiff s Waiver of Notice was filed with the Prothonotary: October 20, 2008. Date Defendant's Waiver of Notice was filed with the Prothonotary: October 20, 2008 WEIGLE & ASSOCIATES, P.C. Ric .Webber, Jr., Esquire Attorney for Plaintiff Attorney ID # 49634 Date: /~(~.~oS' 126 East King Street Shippensburg, Pa 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET SHIPPENSBURG, PA 17257-7397 ~~ a ~~.. ~[- :~ ~ ...: I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. - ~` w~ BARBARA ANN MOORE PLAINTIFF VERSUS JOHN WESLEY MOORE DEFENDANT DECREE IN DIVORCE N O. 2007-5076 Civil AND NOW, OC.TO~c-~ ~,V 200$ IT IS ORDERED AND DECREED THAT BARBARA ANN MOORE PLAINTIFF, AND JOHN WESLEY MOORE ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; 'rh Marital Settlement Agreement between the parties dated October 14, 2008 shall be incorporated but nor merged into this Decree in Divorce pursuant to the said Agreement. BY THE COURT: ATTEST: -1 PROTHONOTARY .q ,, , ~ >.,