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Home My WebLink About03-6127 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA DIANE M. MORETZ, * No. 03 -1&./)..7 C. ~ (.)~ L <-Yen...,..,.... Plaintiff * * VS. * ROBERT W. MORETZ, Defendant. * * CIVIL ACTION - LAW IN DIVORCE * NOTICE TO DEF~ND 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 MAYBE 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 A V AILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I 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 RlGHT 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ, * No, Plaintiff * * V5. * * ROBERT W. MORETZ, * CIVIL ACTION - LAW Defendant. * IN DIVORCE A VISO fARA DEFENDER Y RECLAMAR DERECIIOS USTED HA S100 DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas signientes. Debe tomar accion con prontitud. Se Ie avisa que Si nose defiende, el caso puede proceder sin usted y decreto de divorcio 0 anniarniento puede ser emitido en su contra por la Corte. Una decision puede tambien ser ernitida en su contra por cuaiquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted, Cuando la base para el divorcio es indignidades 0 rompimiento irrparable del matrimonio, usted puede solicitar consejo matrimoniaL Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la CUMBERLAND COUNTY COURTHOUSE. I COURTHOUSE SQUARE, CARLISLE, PA 17013, SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS, USTED DEBE LUEV AR ESTE PAPEL A LN ABOGADO DL INMEDIA TO, SI NO TIENE 0 NO PLEDE PAOAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA lNDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ. * No. c..3 - fp I;;.. ? C?;o'~l ~~ Plaintiff * * VS. * * ROBERT W. MORETZ. Defendant. * CIVIL ACTION - LAW IN DIVORCE * COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE COUNT I AND NOW, comes Diane M. Moretz, by and through her attorney Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint in Divorce and in support thereof, avers as follows: I. The Plaintiff is Diane M. Moretz, who currently resides at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055 since March 200 I. 2. The Defendant is Robert W. Moretz, who currently resides 427 West Main Street (Rear), Cumberland County, Pennsylvania, 17055 since October 26, 2003. 3. There are no children of the parties under the age of 18. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on December 28, 2000, at Harrisburg, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 9. 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. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: (a) g3301(a)(6). Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. (b) g3301(c). The marriage of the parties is irretrievably broken, II. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between Plaintiff and Defendant COUNT II REOUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3502(a) OF THE DIVORCE CODE 12. Paragraphs I through II are incorporated herein by reference as though set forth in full 13. Plaintiff and Defendant have individually or jointly acquired property, both real and personal, during the marriage, in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to g3502(a) of the Divorce Code, COUNT III -- ALIMONY 14. Paragraphs I through 13 incorporated herein by reference as though set forth in full. 15, Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of alimony in her favor. COUNT IV -- ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 17. Paragraphs I through 16 are incorporated herein by reference as though set forth in full. 18. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. !(-/~-,> Dated: {) 7 Timo: ~1IqUire 130 West Church Street, Suite 100 Dillsburg,PA 17019 (717) 432-9666 LD, # 77994 VERIFICATION I, DIANE M. MORETZ, verify that the statements made in this document 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. g4904, relating to unsworn falsification to authorities. Date: /1- 17- 03 fj;o~u n 1 Y77 fk.J ~ DIANE M. MORE1z cJ ' Plaintiff r ,~ '"l. ~ - ~6".o o 0 ~ r_ 0 tI't D () (). I 1~ ~ "-> ..J:: ~ '"";) "'/) ...::i5 ~ -::t) lJv ~F~ ~'~ ~~r'- ~ ~ s. ..- , c' , .. :> ....(Q "..) 0) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M, MORETZ, Plaintiff NO, 03-6127 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE ROBERT W, MORETZ, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane Q, Radcliff, Esquire, as attorney for the Defendant, Robert W, Moretz in the above captioned matter. Respectfully submitted, \ S~) DI CLIFF, ESQUIRE 34 ad CampHill,PA 17011 PHONE: (717) 737-0100 LD. No, 32112 Attorney for Defendant n c g "'OU) mfT" Z~J-L -m';: ~..;.- ~Cj ~8 ~c ~ ,~ () -n (..,> .-:':) .....-1 c.:.: ~~ l_c/ 'j. .~- .;;~~,~ S:.:", '~ :Q :.oJ DIANE M. MORETZ. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE ROBERT W. MORETZ. Defendant No. 03-6127 CIVIL TERM AFFIDAVIT OF SERVICE I, Lindsay M. Strathmeyer, being duly swom, deposes and says that she is an adult and that she served the within Complaint on the Defendant, at the Defendant's last known address as follows: 47 West Main Street (rear), Mechanicsburg, PA 17055 by certified mail, restricted delivery, return receipt requested on the 2nd of December, 2003. The Certified Mail Receipt and PS Fonn 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto, Date: December 16,2003 WILEY, LENOX, COLGAN & MARZZACCO, P.C. ~. COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND On this, the 16th day of December, 2003, before me, a notary public, personally appeared Lindsay M. Strathmeyer known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained, WITNESS, my hand and notarial seal the day and year aforesaid. / NotaliaI Seal Timothy J, Colgan. Notary Public DiIIsburgBoro, York County My CommiSSion Expires Oct, 3. 2006 Member, Pennsylvania Association 01 Notaries i /VI NOTARY PUB I My Commissio ..n "" Lll ::r U.S. Postal Service," CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m Lll I1J ::r Postage RG P41~ /0 -;"9 Postm __ ICa," I_ S P.:/) II ::r D CJ Return Reclepl Fee o (Endorsement Required) o Restricted Delivery Fee u") (Endorsement Required) "" m Certified Fee Total Postage & Fees $ I1J o ntTo ~ S"'f.'Aiir:No.;~?!?,~Et..,W.Am1:.lo-r,e:t;k"Ti:'ear'tmmm ~:':.'?,~~,':'~m~,7.mw.~,~t...~~,:':'~m~'~':..m.."mmm...mm.. Clty,State,ZIp+'4 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiec8, or on the front if space permits. 1. Article Addressed to: Robert W. Moretz 427 West Main Street ( Mechanicsburg, PA 1705 A. S~t~re / X ~.lv, ~bl >>, Received by (Printed Name) j(""'t'-~ w,l/Vl.te b ::fa. D. Is delivery address d from item 1? If YES, enter delivery address below: ear) 2. Article Number (Transfer from servfce label) PS Fonn 3811 . August 2001 3. Service Type o Certified Mail 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4, Restricted DelIvery? fE<tnI Fee) .lIVes 7002 3150 0004 4253 4516 Domestic Return Receipt 102595-02-'-4.1035 EXHIBIT "A" L.:.-....,:L;-' 2.....1 (1.,S;; r"<"".';. ._'1..) -F: .,;",(") '-"0 >-c ~ ~? ,-> = c-:::> """ CJ ,--(1 Co .,... ..... (,n c.... ';1 ,.., :r: -r fl1p -om "'9 ~.'. , r~ ",c~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Diane M. Moretz, ) Civil Action - Law Plaintiff ) ) vs. ) ) No. 03-6127 - Civil Term Robert W. Moretz, ) Defendant ) Civil Action - Law in Divorce CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the Motion for Appointment of Master and Order Appointing Master upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Robert W. Moretz 427 West Main Street (Rear} Mechanicsburg, PA 17055 WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: ~(l'. Timothy J. Supreme Co I.D. #77944 130 West Church Street, Suite 100 Dillsburg, P A 17019 (717) 432-9666 Iff( Date: ~ h /61--/ I I (') ....., ~ = c ~ ~- :0- <- :t -0. eo n'rj~ c:: n," :;::::: ~_t; Z r- -om thS'~ :oQ -/ ' 0 9~ !;; -0 :r: "'T>' ~~F~ 0-" ::ll: ,....0 ~m >c" f',' :::\ Z -;>> -"I W D .-.; 0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ, Plaintiff v. NO. 03-6127 CIVIL TERM ROBERT W. MORETZ, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO WITHDRAW AS LEGAL COUN~L~ ~ :,i- f~.F: ~. ;:' ~~ :2 -n AND NOW, thisd2[ day of June, 2004, comes the Petitioner, Diane G. Radclif~'~:squi~nd~l!i> the above referenced Petition and represents that: ~ _, 8 Q. ::~-,. ~: ' ::: ;~~:? 25 ,;;,. ;;..,~. - ;-5 rn 1, Your Petitioner is Diane G. Radcliff, Esquire, an attorney duly authorized ttYyraclire l~ in the Commonwealth of Pennsylvania and having a principal place ofbusines;ioca€d at 32148 Trindle Road, Camp Hill, P A 1701 L 2, The Respondent, Robert W. Moretz, Jr., is an adult individual whose address is 427 West Main Street Rear, Mechanicsburg, P A 17055. 3. The Respondent, Diane M, Moretz, is an adult individual whose address is 1151 Allendale Road, Mechanicsburg, P A 17055. 4. The Respondent, Robert W. Moretz, Jr. has been represented by the Petitioner, Diane G. Radcliff, Esquire, in this case, 5, The Respondent, Diane M, Moretz, has been represented by Timothy], Colgan, Esquire, in this case, 6. Since Diane G, Radcliff, Esquire has undertaken the representation of Robert W, Moretz, Jr., the following events have occurred which make it impossible or impractical for her to continue in this legal representation: A, Robert W, Moretz, Jr. has incurred a substantial balance in attorneys fees owed to the Petitioner and has failed to pay the balance owed when billed, although he has been attempting to pay said balance by making monthly installments thereon, B, Robert W, Moretz, Jr. advised opposing counsel in this case that he had fired the Petitioner and no longer required her legal services. 7. There are no Judges previously assigned to this case. 8. A copy of this Petition was sent to the Respondent, Robert W, Moretz, Jr., and the Respondent Diane M. Moretz's Attorney, Timothy J. Colgan, Esquire, on June 16,2004 prior to the filing thereof so that they could have an opportunity to agree to the relief requested herein, or in the alternative, protest said requested relief As of the date of the filing of this Petition, no response has been received from either party, WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting her leave to withdraw as legal counsel for Robert W, Moretz, Jr. Respectfully submitted, ~ ~ ( ~" ~( Moffi-B. DCLIFF, ESQUI \ (3448 Trindle ad 'Camp' 1701l Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904, relating to unsworn falsification to authorities, CERTIFICATE OF SERVICE AND NOW, this,i (.,~day of~, 2004, I, DIANE G, RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the foregoing document upon the following named person(s), by mailing same by first class mail, postage prepaid, addressed as follows: Robert W. Moretz, Jr. 427 West Main Street Rear Mechanicsburg, P A 17055 Timothy 1. Colgan, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ, Plaintiff NO. 03-6127 CIVIL TERM v. ROBERT W. MORETZ, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO WITHDRAW AS LEGAL COUNSEL :,l- AND NOW, thisd[ day ofJune, 2004, comes the Petitioner, Diane G. Radcliff, Esquire and files the above referenced Petition and represents that: 1, Your Petitioner is Diane G. Radcliff, Esquire, an attomey duly authorized to practice law in the Commonwealth of Pennsylvania and having a principal place of business located at 3448 Trindle Road, Camp Hill, P A 17011. 2. The Respondent, Robert W. Moretz, Jr., is an adult individual whose address is 427 West Main Street Rear, Mechanicsburg, PA 17055. 3, The Respondent, Diane M. Moretz, is an adult individual whose address is 1151 A\1endale Road, Mechanicsburg, P A 17055, 4. The Respondent, Robert W, Moretz, Jr. has been represented by the Petitioner, Diane G. Radcliff, Esquire, in this case, 5. The Respondent, Diane M. Moretz, has been represented by Timothy J. Colgan, Esquire, in this case. 6. Since Diane G. Radcliff, Esquire has undertaken the representation of Robert W, Moretz, Jr., the following events have occurred which make it impossible or impractical for her to continue in this legal representation: A. Robert W. Moretz, Jr. has incurred a substantial balance in attomeys fees owed to the Petitioner and has failed to pay the balance owed when billed, although he has been attempting to pay said balance by making monthly instal1ments thereon. B. Robert W. Moretz, Jr. advised opposing counsel in this case that he had fired the Petitioner and no longer required her legal services. 7, There are no Judges previously assigned to this case. 8, A copy of this Petition was sent to the Respondent, Robert W. Moretz, Jr., and the Respondent Diane M. Moretz's Attomey, Timothy 1. Colgan, Esquire, on June 16,2004 prior to the filing thereof so that they could have an opportunity to agree to the relief requested herein, or in the altemative, protest said requested relief. As of the date of the filing ofthis Petition, no response has been received from either party. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting her leave to withdraw as legal counsel for Robert W, Moretz, Jr. Respectfully submitted, =::. ( CUFF, ESQUI ad 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Suprem,: Court ID # 32112 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understands that false statements herein are made subject to the penalties ofl8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities, ~i DCUFF,ES U RE , CERTIFICATE OF SERVICE AND NOW, this,! ~*: day of.JwoL, 2004, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the foregoing document upon the following named person(s), by mailing same by first class mail, postage prepaid, addressed as follows: Robert W. Moretz, Jr. 427 West Main Street Rear Mechanicsburg, P A 17055 Timothy J. Colgan, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 Respectfully submitted, (") '" 0 C~ c:: C:.j -n --;>- ....- <- :r -." c::-:. .",.. m r= -nm 1'., ~u? l. ~~:~6 !.:-; ~~2~ ~" "'. - I'D "" - C) - .~.,'" , -,.,..: ,<:,' :.0 -) U1 -, .z:- -< DIANE M. MORETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW ROBERT W. MORETZ, Defendant NO. 03-6127 CIVIL TERM ORDER OF COURT AND NOW, this~day of June, 2004, upon consideration of the attached Petition To Withdraw As Legal Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, Timothy J. Colgan, Esq. Suite 100 130 W. Church Street Dillsburg, PA 17019 Attorney for Plaintiff 7 _,(, ;:;' ~ Jr., J. Diane G, Radcliff, Esq. 3448 Trind1e Road Camp Hill, PA 17011 Attorney for Defendant ~ ~ f. ,-75.0'/ c+v, Robert W. Moretz, Jr. 427 West Main Street, Rear Mechanicsburg, PA 17055 Defendant :rc :i"('" ,,11'1.,.1 s Z : I Hi SZ ;,:nr 'IOOl ,.\b\/,~.C);'\C~ll()dd 3Hl :10 ';.;:)t:UC':"Q3l1j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ, Plaintiff v. NO. 03-6127 CIVIL TERM ROBERT W. MORETZ, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO WITHDRAW AS LEGAL COUNSEL -* AND NOW, thisd2t day of June, 2004, comes the Petitioner, Diane G. Radcliff, Esquire and files the above referenced Petition and represents that: 1. Your Petitioner is Diane G, Radcliff, Esquire, an attorney duly authorized to practice law in the Commonwealth of Pennsylvania and having a principal place of business located at 3448 Trindle Road, Camp Hill, P A 170 II. 2. The Respondent, Robert W. Moretz, Jr., is an adult individual whose address is 427 West Main Street Rear, Mechanicsburg, PA 17055. 3. The Respondent, Diane M. Moretz, is an adult individual whose address is 1151 Allendale Road, Mechanicsburg, PA 17055, 4. The Respondent, Robert W. Moretz, Jr. has been represented by the Petitioner, Diane G. Radcliff, Esquire, in this case, 5, The Respondent, Diane M. Moretz, has been represented by Timothy J. Colgan, Esquire, in this case. 6. Since Diane G. Radcliff, Esquire has undertaken the representation of Robert W. Moretz, Jr., the following events have occurred which make it impossible or impractical for her to continue in this legal representation: A. Robert W. Moretz, Jr. has incurred a substantial balance in attorneys fees owed to the Petitioner and has failed to pay the balance owed when billed, although he has been attempting to pay said balance by making monthly installments thereon. B. Robert W, Moretz, Jr. advised opposing counsel in this case that he had fired the Petitioner and no longer required her legal services. 7, There are no Judges previously assigned to this case. 8, A copy of this Petition was sent to the Respondent, Robert W. Moretz, Jr., and the Respondent Diane M. Moretz's Attorney, Timothy 1. Colgan, Esquire, on June 16,2004 prior to the filing thereof so that they could have an opportunity to agree to the relief requested herein, or in the alternative, protest said reqU(~sted relief. As of the date of the filing of this Petition, no response has been received from either party. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting her leave to withdraw as legal counsel for Robert W. Moretz, Jr. Respectfully submitted, DCLIFF, ESQUI ad 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court lD # 32112 ( VERIFICATION I verify that the statements made in the foregoing document are true and correct I understands that false statements herein are made subject to the pe:nalties of18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~b DCLIFF, ES U RE , CERTIFICATE OF SERVICE AND NOW, this,' (. ~ day of ~, 2004, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the foregoing document upon the following named person(s), by mailing same by first class mail, postage prepaid, addressed as follows: Robert W, Moretz, Jr. 427 West Main Street Rear Mechanicsburg, P A 17055 Timothy J, Colgan, Esquire 130 West Church Street Suite 100 Dillsburg, P A 17019 Respectfully submitted, Q "" 0 C~ c::> -r, , ~- '- 'i' "T1 c...::; ~~~ n1 P -n'" '" :09 l~) , ---i0 ;:r::... ~:2i~ (~-Scn - '~--1 .t<':. J;.. =< U1 ::.0 ~ -< 1:::1 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ, Plaintiff v. NO. 03-6127 CIVIL TERM ROBERT W. MORETZ, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on July 8, 2004, I served a true and correct copy ofthe Petition to Withdraw as Legal Counsel and Order of Court dated July 25, 2004 upon Timothy J. Colgan, Esquire, Attorney for the Plaintiff, and Robert W. Moretz, Jr., Defendant, by mailing the same by first class mail, postage prepaid, addressed as follows: Robert W. Moretz, Jr. 427 West Main Street, Rt:ar Mechanicsburg, P A 17055 Timothy J. Colgan, Esquire 130 West Church Street Suite 100 Dillsburg, P A 17019 Respectfully submitted, ~WF' ~",E Tri Road Camp Hill, PA 17011 Supreme Coun ID # 32112 ~ . ,. .. .~ ,", V3 ,; c, " , ;:g sfi .-,." ", ""'-' Vi"'-' --.c:" . :;:-~ }1t~- ," _::i -< (") ~ ...., = = --=- <- c: r-' I U) " ::J;; ~ ---l :r:~ nl-~~ .. -o'"n :.0)' <..) ::::;j!~ ('-) :d :~C) C:Jrn ~ :~ c.n -.l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DIANE M. MORETZ, Plaintiff v. NO. 03-6127 CIVIL TERM ROBERT W. MORETZ, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certifY that on July 8, 2004, I served a true and correct copy ofthe Petition to Withdraw as Legal Counsel and Order of Court dated July 25, 2004 upon Timothy J. Colgan, Esquire, Attorney for the Plaintiff, and Robert W. Moretz, Jf., Defendant, by mailing the same by first class mail, postage prepaid, addressed as follows: Robert W. Moretz, Jr. 427 West Main Street, Rear Mechanicsburg, P A 170S5 Timothy J. Colgan, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 Respectfully submitted, RADCLIFF, E U RE Tri Road Camp Hill, PA 17011 Supreme Court ID # 32112 o <::; ""-. ~i~;;~~: -...,.. . 6~~,~_-:. -<. '< ~2 ~~ -<. ....... = = .r- c...... c: ,- I u:> o -n :r.'.." n,p -arn -5y <:')6 :=t -I"; 0'1 :.0 --:'::S;-n :::,-1 -"-,... "iJ :.< -0 ::J1; Ul -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ Plaintiff NO. 03-6127 CIVIL TERM vs. CIVIL ACTION - LAW IN DIVORCE ROBERT W. MORETZ, Defendant MOTION FOR RULE ABSOLUTE AND ENTRY OF ORDER AND NOW this day of ,2004, Diane G. Radcliff, Esquire, Attorney of Record for Robert W. Moretz, the Defendant in the above captioned case, hereby moves this Honorable Court to make the Rule entered on June 25, 2004 absolute and to grant Diane G. Radcliff, Esquire leave to withdraw as legal counsel and attorney of record for Robert W. Moretz, the Defendant in the above captioned case, and assigns the following reasons therefor: 1. On June 21, 2004, your Petitioner, Diane G. Radcliff, Esquire filed a Petition seeking to withdraw as legal counsel for Robert W. Moretz, the Defendant in th,: above captioned case. 2. On June 25, 2004, this Honorable Court entered a Rule against the Respondents, Robert W. Moretz, Jr., Defendant, and Diane M. Moretz, Plaintiff, to show cause why the requested relief should not be granted, which Rule was returnable 10 days after service. 3. On July 8, 2004, the Petitioner, Diane G. Radcliff, Esquire, served a true and correct copy of the Petition and Rule upon the Respondents as appears on the Amended Certificate of Service filed of record in this case. 4. More than 10 days has elapsed since the Petition and Rule was served on the Respondents and no Answer to the Rule has been filed by the Respondents. 5. Since the Respondents have failed to file an Answer or Response to the Rule within the 10 day time period, the Petitioner is entitled to have the Rule made absolute and have her request to withdraw as legal counsel granted. Wherefore, Petitioner, Diane G. Radcliff, Esquire respectfully requests this Honorable Court to make the Rule entered on June 25, 2004 absolute and grant her leave to withdraw as legal counsel and attorney of record for Robert W. Moretz, the Defendant in the above captioned case. ~{Su ~~ ( DIA)W-O- CLIFF, ESQU 34~leR Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ill # 32112 ~~; =~ '" = ~ ,.,. c: G-;' , '.D o -n -{ . :r:.." n1-- r- "i::lfn :".,0 ().l '-l(.) ._.~.-,. ;;~) ::YJ ~7"'C) tsrn ~~ .< 5z: 9? co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ, Plaintiff v. NO. 03-6127 CIVIL TERM ROBERT W. MORETZ, Defendant CIVIL ACTION - LAW IN DIVORCE AMENDED CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on July 8, 2004, I served a true and correct copy of the Petition to Withdraw as Legal Counsel and Order of Court dated June 25, 2004 upon Timothy J. Colgan, Esquire, Attorney for the Plaintiff, and Robert W. Moretz, Jr., Defendant, by mailing the same by first class mail, postage prepaid, addressed as follows: Robert W. Moretz, Jr. 427 West Main Street, Rear Mechanicsburg, P A 17055 Timothy J. Colgan, Esquirf: 130 West Church Street Suite 100 Dillsburg, P A 17019 Respectfully submitted, CUFF, ESQUIRE T' ad Camp Hill, P A 170 II Supreme Court ID # 32112 --0 ;p ~j~ r-~ ;". ~i: 2'. -3 -<. '" co cc-'> ...:;- o -n :J:! nl:rJ r- -C::1n, i".PO ')c-L ._~, , :1: "1", C) ::u :::'.::.(; ejrrt 5'~ ::0 .-< ".. c:: GJ I \.D l:>o ::r: 9? -' o AUG 1 0 2C04 f , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANE M. MORETZ Plaintiff NO. 03-6127 CIVIL TERM vs. CIVIL ACTION - LAW IN DIVORCE ROBERT W. MORETZ, Defendant ORDER AND NOW this .aft day of --A ~ ~ Sot, 2004, upon Motion of Diane G. Radcliff, Esquire, Attorney for Robert W. Mor , the Defendant ill the above captlOned case, It IS hereby ordered and decreed that: 1. The Rule entered on June 25, 2004 on the Petition to Withdraw as Legal Counsel filed by Diane G. Radcliff, Esquire, is made absolutl:. 2. Diane G. Radcliff Esquire is hereby granted leave to withdrawal as legal counsel and attorney of record for Robert W. Moretz, the Defendant in the above captioned case. BY THE COURT: Distribution to: petitioner:...oi~ G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, P A 17011 Respondent:A.obert W. Moretz, Jr., 427 West Main Street Rear, Mechanicsburg, P A 17055 Attorney for Diane M. Moretz:~othy J. Colgan, Esquire, 130 W. Church Street, Suite 100, Dillsburg, PA 17019 >-. .$F j.,,;- f!:~; (;.)~:.:. .:S (~~': LJ.Ju_ I~tu -i:!: lI. c -- C;;;:, <:.::;;;, <-., ,"'> - - ,':;(:.- Cl... "? - '-" =::::1 ""'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL.VANIA DIANE M. MORETZ Plaintiff NO. 03-6127 CIVil TERM vs. CIVIL ACTION - LAW IN DIVORCE ROBERT W. MORETZ, Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Pursuant to the Order of Court dated August 13,2004 in the above captioned matter, please withdraw the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, Robert W. Moretz. RespectfuIly submitted, CLIFF, ESQU 3448 Trindle oad . , A I70ll PHONE: (717) 737-0100 J.D. No. 32112 Attorney for Defendant r~,..) C') <~.~l ~ -'on f".' o c.) ..r.... DIANE M. MORETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 6127 CIVIL ROBERT W. MORETZ, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 7 'f7A-/ . day of d.~ ~ 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement with attached addendum dated September 7, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, .J. cc: ~mothy J. Colgan Attorney for Plaintiff ~obert W. Moretz Defendant -\3\__ 0): ~~ (I ,~ --', ~~:~.. 5; ~_~; .~ :2 o c:. ~-"" ,..., = = .c- {/l iT1 -0 I -' -0 :lJ.: ry c::> o -n .-\ :r:.." (11f": -oF' -"Jr-l -0' T F C' -:;i~, :1_:0 r:;-.-?(j "'--rn C), =r; "",... ~ ~TALSETTLEMENTAGREEMENT THIS AGREEMENT, made this 7""" day of ~y,f-€MA, hl'.A..- 2004, by and between DIANE M. MORETZ, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as 'WIFE") and ROBERT W. MORETZ, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on December 28, 2000. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective fmancial and property rights and obligations as between each other including, without limitation by specification; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present, and future support, alimony and/or maintenanc,e of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the partie:s hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact 1 by the other, as fully as though 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 or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with th,~ peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 3. SUBSEQUENT DIVORCE: The parties hereby ,acknowledge that WIFE filed a Complaint in Divorce in Cumberland County on November 21,2003, docketed to number 03- 6127, claiming that the marriage is irretrievably broken undt:r Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code and deliver same to counsel for WIFE. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of 2 execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE: The transfer ofpropelty, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified hefl~in. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature 1md wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetiffi<~ conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time 3 hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agrl~ements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, whi,:h the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have ag:ainst the other for equitable division of property, alimony, counsel fees and expenses, alimony p,mdente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEL: This agr,:ement has been prepared by Timothy J. Colgan, Esq., counsel for WIFE. At the commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informl~d that Timothy J. Colgan, Esq. has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue 4 influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have 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 indemnity and hold the other party harmless for and 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. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnity and hold harmless the other party for and against any and 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. 10. REAL PROPERTY: The parties, during their marriage, acquired a property located at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. WIFE posted $40,000.00 of the purchase price at the time of purchase. Therefore, the parties agree that WIFE shall receive the first $40,000.00 of the proceeds ofth,: sale of the said property. After the first $40,000.00 of the said property is distributed to WIFE, the parties shall divide any 5 remaining proceeds from the property equally. The parties own a property located at 427 West Main Street. The equity in the said property is valued at approximately $40,000.00. HUSBAND agrees to reftnance the said property within sixty (60) days of the signing of the final Marital Settlement Agreement. WIFE waives all right, title and interest in the said property under the condition that HUSBAND refinances the property within sixty (60) days of the signing of the fmal Marital Settlement Agreement. 11. PERSONAL PROPERTY: HUSBAND agrees to retain the 2003 Nissan pick-up truck and to indemnify and hold WIFE harmless. HUSBAND agrees that the 2002 Nissan van will either be sold or reftnanced into HUSBAND's name alone within sixty (60) days of the ftnal Marital Settlement Agreement. If HUSBAND fails to refmance the 2002 Nissan van in his name alone within sixty (60) days of the ftnal Marital Settlement Agreement, it shall be sold. The parties have divided between them, to their mutual satisfaction, the personal effects all other, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby speciftcally waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 6 12. PENSIONS, ANNUITIES AND/OR RETIRJ&:MENT BENEFITS: WIFE possesses retirement benefits as a result of her employment with USAirways. HUSBAND does not possess retirement benefits. HUSBAND waives any interest he may have in the 401 (k), retirement accounts or employee pension plans of WIFE. 13. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to spousal support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provision for support or maintenance. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they respectively maintain separate bank accounts. Each bank account shall remain the sole and exclusive property of the party who has maintained it in his or her naml~. HUSBAND and WIFE agree that they waive all right, title, and interest in account(s) in the Oth,~'s name. 15. DEBT: HUSBAND and WIFE each possesses certain credit cards and other credit instruments in their respective names. HUSBAND and WIFE agree that the party who incurs the charge or creates the liability shall be responsible for any debt or charge incurred either before of after the date of final separation and the charging party will indemnifY the other and hold the other harmless from any debt incurred. 7 16. AFTER-ACQUIRED PROPERTY: Each oflhe parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereaf1ter acquired by him or her, with full power in him or her to dispose of the same as fully and em,ctively, in all respects and for all purposes as though he or she were unmarried. 17. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. 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 ill connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is f"mally 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. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to tlIe transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of said Act. 19. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise 8 specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 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 available to him or her, and thel party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 21. WAIVER OF CLAIMS: Except as herein othllrwise 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 shall now have or hereafter acquire, unde:r the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and 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 this mutual waiver and relinquishment of such interests, rights and claims. 22. 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. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9 24. ADDITIONAL INSTRUMENTS: Each ofth,: parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or 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. 26. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 27. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the fmancial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in the preparation of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition any court having jurisdiction to make equitable distribution of said asset. The non- disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by 10 the other party in seeking equitable distribution of said ass,:t. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 28. MODIFICATION AND WAIVER: A modific:ation 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 defaults of the same or similar nature. 29. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ~ ~~~ WITNESS ~'3 "S-- (<u-f.), W. )1Il~ ROBERT W. MORET "IhIO'"( C.'\DOCUME-1IUSERlILOCALS-1ITEMPOR.1ICONTENTIE5147BRAKI9W;1.J325. WPD DIANE M. MORETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 6127 CIVIL ROBERT W. MORETZ, Defendant IN DIVORCE THE MASTER: Today is Tuesday, September 7, 2004. This is the date set for a conference in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Diane M. Moretz, and her counsel Timothy J. Colgan, and the Defendant, Robert W. Moretz, who is not represented by counsel. The parties have reviewed a settlement agreement prepared by Mr. Colgan and have advised the Master that they wish to have an addendum attached to that agreement which was prepared in Mr. Colgan's office. Consequently, we are going to ask Mr. Colgan to put the addendum on the record and then we will complete the settlement with the signing of the prepared agreement by Mr. Colgan and the addendum attached. Also the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The parties were married on December 28, 2000, and separated October 26, 2003. 1 The complaint in divorce was filed on November 21, 2003, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony, and counsel fees and costs. It is the Master's understanding that with respect to the economic claims raised the agreement provides that the claims for alimony and counsel fees are withdrawn and the agreement consequently deals solely with the distribution of the marital estate and allocation of debt. Mr. Colgan, would you like to state the supplement to the agreement on the record? MR. COLGAN: Sure. The parties have received three escrow refunds as a result of the real estate that the parties own; two escrow refund checks are for the 427 West Main Street property. The first escrow refund check is in the amount of $527.92 and the second escrow refund check is in the amount of $1,748.59. A third escrow refund check was received by the parties as a result of the sale of the marital residence located at 1151 Allendale Road, Mechanicsburg, Pennsylvania. The amount of that check is $1,964.62. The parties agree that all three checks will become the sole and separate property of Robert W. Moretz. Diane Moretz waives any and all clainl of right, title or 2 interest in said funds by signing these checks over to Robert W. Moretz. I acknowledge that I have read the above addendum to the marital settlement agreement, and affix my signature affirming the terms stated therein. WITNESS: DATE: Ti~~~n Attorney for Plaintiff 1~ l-OY ?-7-0'i gcU,VcJ,Y"f Robert W. More .~SiL, 3 ____22.(.~.2!} 0 Q.! J.Jl.: 50 FAX 717 4320426 The Wiley Group Ii!! 004 IN "fHE COIJRT OF COMMON PJ,EAS CUMBERLAND COUNTY, PENNSYLVANIA Diane M. Moretz, ) Civil Action - Law Plaintiff ) ) vs. ) ) No. 03-6127 - Civil Term Robert W. Moretz, ) Defendant ) Civil Action ..Law in Divorce AFJo'IDA VlT OF CONSENT L A complaint in Divorce under ~3301(c) of the Divorce Code was filed on November 21,2003. 2. The marriage of Plaintitf and Defendan1 is ilTetrievably 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 ofthe decree. I verify that the statements made in this affidavit are true and COlTect. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. *4904 relating to unsworn falsification to authorities. _-V1jJJ~-.- Date fh /) JJ:JM ~/~. ~foretz Plaintiff '- i:t; ""'- 'I-;:: (1 UJ .;::: G~2 ~~L. t'~- 90 8~E ;;:d,_u ....IS ~ - :lC 0- r- I E:1 (/) _-r = ~ i"= /' ~,~,~~ (~ fr1 -I, /_. ~~ :;u...., :.C\O... r.~ .:::J () 09/07/2004 10:51 FAX 7174320426 The Wlley Group Ii!J 005 IN THE COURT m' COMMON PLKAS CUMBERLAND COUNTY, PENNSYLVANIA Diane M. Moretz, ) Civil Action - Law Plaintiff ) ) vs. ) ) No. 03-6127 - Civil Term Robert W. Moretz, ) Defendant ) Civil Aetion - Law in Divorce WAIVER 01" NOpCE ()J<' INTENTIO~ TItRlWUEST ENTRY Of' A DIVORCE DECREE IJl'iljlliR SECTION 3301(c) OF THE DIVORCE C:;Q]lE I. J consent to tlle 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. ] 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 made herein are subject to the penalties of 18 Pa. C.S. !i4904 relating to unsworn falsification to authorities. -3JJ- / () ~ Date I en A_" J'1jl11iflP, ~retz Plaintiff >- C) ~ ~ I-~. .. UJ~-? - =:, "( c..)..-'~ u:C~j ::v:: '.-~5~ ~~ C- f? <- :::J ,. >- we.: I r;IJ. -' w:lU "'- - iE I.I.J ~B:t! </) u. ..:r " 0 = :'5 = ..... (.) __~~07/~.l!L:~4!J]AX 7174320426 The Wlley Group Ig] 002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PENNSYJ"" ANIA Diane M. Moretz, ) Civil Action - Law Plaintiff ) ) vs. ) ) No. 03-6127 - Civil Term Robert W. Moretz, ) Defendant ) Ci.vil Action .. Law in Divorce AEFlDA VIT OF CONSENT I. A complaint in Divorce undcr ~3301(c) ofthe Divorce Code was filed on November 21,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. I verify that the statell1ents made in this affidavit are true and conect. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~49()4 relating to unsworn falsification to authorities. -21'11 0 i____ Date ~~, ~J.}t1~ Robert W. Moretz Defendant <:>11 ( .,... t;. ~ t.---.. LU~:.2 Ob 2~.t ?-: o n: uJO- ;::!tLl u..~ ~ :c 0.. r-- I 0- W (/) -'T = = c--.. ?= '-7 '5<(" ,'-):-;;:'; '~:).z J~ :';.~~;.~ \"'.~ ,'.J:,\..' ,-;j'LI': ~ ::J <.) 09/07/2004 10:50 FAX 7174320426 The Wiley Group Ii!! 003 IN THE COURT OF COMMON PLEAS CUMBERl,AND COUNTY, PENNSYLVANIA Diane M. Moretz, ) Civil Action - Law Plaintiff ) ) vs. ) ) No. 03-6127 - Civil Term Robert W. Moretz, ) Defendant ) Civil Action -Law in Divorce WAIVER OF NOTICE OF INTENTION H) REQUEST ENTRY OF A DIVORCJ<: DECREE UNDI<:R SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose right~ concerning alimony, division of property, lawyer's fees, or expenses if 1 do not claim them before a divorce is granted. 3. I understand that 1 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. J verify that the statements made in this affidavit are true and correct. J understand that false statements made herein are subject to the penalties of 18 Pa. c.s. !i4904 relating to unsworn falsification to authorities. -ilLlo<( Date 0);,<-,) }v]~:r" ~ W. Moretz Defendant >- c~. ,.'(: ~..- LUCJ 02, I7.:Cj ..t_:L: 2;1-., o wtL -. u:;UJ if t5 :!l:: a.. 6;; "'-- :=:><( ()~ ~::~; - ,. )--' ;~ Jdft ~ (.) r-- I c.. I.W v, ..:r <= <= '" 6. DIANE M. MORETZ PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA YS. NO. 03 - 6127 ROBERT W. MORETZ,JR. DEFENDANT CIVIL ACTION- LAW IN DIVORCE EXCEPTIONS TO THE MASTER'S REPORT 1. The plaintiff, Diane M. Moretz, is an adult individual and currently residing' at 16 Big Hom Ave. in Mechanicsburg in Cumberland County, Pennsylvania' 17055. 2. The defendant, Robert W. Moretz, Jr., is an adult individual and currently residing at 427 W. Main St. Rear Mechanicsburg, Cumberland County in Pennsylvania 17055. 3. The parties attended a master's conference on the seventh day of September in the year 2004, at which a marital settlement agreement was incorporated by and signed by both parties. A true and correct copy of this September 'fl', 2004 settlement agreement is enclosed and is marked Exhibit A and made a part hereof 4. The defendant, Robert W. Moretz Jr., requests the court give reconsideration as to the issues of health insurance and property settlement. 5. The defendant does, in deed, feel that a divorce is necessary and does not question the issue of the plaintiff being issued the first $40,000 of escrow money due to the plaintiff signing all rights to the rental property back to the defendant. 6. Wherefore defendant respectfully requests the court to grant the defendant another hearing in regards to this matter and consider this a request for an appeal of the previous agreement and decision. Respectfully SUbmi:tt (lJd. W. hiD \ .:3'll , Robert W. Moretz Jr. f. CL, '1 ( <6 ) 0 i E ~ ~ a~ ; + A DIANE M. MORETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 6127 CIVIL ROBERT W. MORETZ, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 7 rtU day of sJ.-jJ& ~ 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement with attached addendum dated September 7, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, . J. cc: Timothy J. Colgan Attorney for Plaintiff Robert W. Moretz Defendant NUUUTAL SETTLEMENT AGREEMENT TIDS AGREEMENT, made this 7~ day of ~f~bt'-^- 2004, by and between DIANE M. MORETZ, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as 'WIFE") and ROBERT W. MORETZ, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on December 28, 2000. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and fmally their respective fmancial and property rights and obligations as between each other including, without limitation by specification; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; 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; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact I by the other, as fully as though 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 or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County on November 21,2003, docketed to number 03- 6127, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code and deliver same to counsel for WIFE. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of 2 execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution ofthis Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time 3 hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respectto any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and [mal resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEL: This agreement has been prepared by Timothy J. Colgan, Esq., counsel for WIFE. At the commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esq. has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue 4 influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereoffor the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have 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 for and 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. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and 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. 10. REAL PROPERTY: The parties, during their marriage, acquired a property located at 1151 A1lendale Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. WIFE posted $40,000.00 of the purchase price at the time of purchase. Therefore, the parties agree that WIFE shall receive the first $40,000.00 of the proceeds of the sale of the said property. After the first $40,000.00 of the said property is distributed to WIFE, the parties shall divide any 5 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. 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. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of said Act. 19. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise 8 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. 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. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of said Act. 19. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise 8 specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 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 available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 21. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and 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 this mutual waiver and relinquishment of such interests, rights and claims. 22. 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. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9 24. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or 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. 26. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 27. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in the'preparation of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition any court having jurisdiction to make equitable distribution of said asset. The non- disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by 10 the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 28. MODIFICATION AND 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 defaults of the same or similar nature. 29. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and WI~~~ /tii ~ ~ WITNESS ~ ~ year first above written. DIANE M. MORETZ (CuLI.tv)'L1 ~:5" ROBERT w. MO:;})' 'lj, 10<( CiDOCUME--IIUSERIILOCALS-IITEMPOR-IICONTENT.IES147BIUKI9IM.Il.132s. WPD DIANE M. MORETZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 6127 ROBERT W. MORETZ,JR. DEFENDANT CIVIL ACTION- LAW IN DIVORCE 09-08-04 SUM (.VI.,f-rj 0 +- M,4 5t-e.;l.5 IVI oLe.. t- ,i,-J j I DEAR HONORABLE JUDGE , I REQUEST FROM YOU TO HOLD UP ON SIGNING A FINAL DECREE ON THE MORETZ VS. MORETZ DIVORCE CIVIL ACTION SUIlE THAT MY WIFE, HER ATTORNEY TIM COLGAN AND MYSELF HAVE SIGNED YESlERDAY 09-07-04 AT A MASlERS HEARING AT 9;30AM. AFlER GIVING A LITTLE THOUGHT TO IT I HONESTLY FELL I WAS PARTIALLY INTIMADAlED BY ATTORNEY COLGAN'S THREATS WHICH I IMMEDIAlEL Y WROlE DOWN AND WENT AS FOLLOWS I. "HE SAID HE WOULD GO BALISTIC ON ME AND FULL BALLS AGANST ME" IF I DIDN'T SIGN THE PAPERS TODAY. 2. THREAlENEDTO"SUE ME OR MAKE ME PAY LEGAL FEE'S " 3. THREATENED ME TO QUIT" FLASHlNG THAT PICTURE AROUND OR HE WOULD GET ME FOR HARRASMENT" WHEN ALL I WAS MEARL Y DOING WAS TRYING TO LET HIM KNOW ALL THE HEAD GAMES I WAS UP AGAINST. THE ONLY TIME I BROUGHT THAT PICTURE OUT WAS IN AT THE TWO HEARINGS. MY INlENT HERE IS NOT TO STOP THE DIVORCE FROM HAPPENING, I DO FELL IT NEEDS TO TAKE PLACE DISPITE THE PICTURE WHICH IN MY MIND IS MEARL Y PROOF THAT MY WIFE CAME BACK INTO MY LIFE ONLY TO GET ME TO SIGN OFF ON HER DIVORCE AGREEMENT GIVING ME NOTHING AND HER ALIMONY. I DO FELL EVEN WITH ALL THE PROBLEMS THAT AROSE DURING THE SEPERATION THE ORIGIONAL AGREEMENT THAT SHE SIGNS MY RENTAL PROPERTY BACK TO ME IN EXCHANGE THAT SHE GETS TO TAKE THE FIRET 40,000.00 FROM THE SALE OF THE JOINTLY OWNED PROPERTY BECAUSE SHE SOLD HER CONDO TO RAISE THE DOWN PAYMENT SHOULD NOT BE EFFEClED BY MY REQUEST. I' AM STILL UNHAPPY WITII THE INSURANCE RESULTS SINCE OUR SEPERATION IN OCTOBER OF 2003 I HAVE BEEN UP AGAINST A NON ENDING WAR TRYING TO GET SOME BllLS PAID AND GET SOME MEDICAL NEEDS ATlENDED TO. DURING OUR SHORT MARRIAGE MOST ALL MY FURNITURE WAS F ASED OUT SOME NEW STUFF BOUGHT. WHEN WE SEPERAlED I WAS EVEN LENT A DRESSER AND TWO BEDS BUT SOON AFTER I WAS ASKED FOR THEM BACK, WHICH WITHOUT PROBLEMS I RETURNED THEM IN A TIMELY F ASHON. THEN I WAS WITHOUT BEDS AND HAD ROUND UP A BUNCH OF JUNK BEDS AND A DRESSER TIM COLGAN ALSO WALKED ME THROUGH THE LOSS OF SIX VERY OLD "MADE IN OCCUPIED JAPAN' COFFEE MUGS STATING POSSIBLY SOMEONE SHOWING THE HOUSE MAY HAVE STOLEN THEM. THE PROBLEM I HAVE WITH THAT IS THE MUGS DISAPEARED IN THE EARL Y DAYS WAY BEFORE THE HOUSE HIT THE MARKET. AT THIS TIME I ASK THE COURT TO ALLOW ME SOME MORE TIME WITH JUST MEDICAL AND FURNITURE RELATED MATTERS. THE DIVORCE AND RER RECEIVING 40,000.00 SEEMS TO BE HER GREATEST CONCERNS AND I DON'T HAVE ANY PROBLEMS WITH IT GOING THROUGH WITH THEM. I ALSO WONDERED WHAT TIES SHE WOULD HAVE IN MY CUSTODY CASE IN DAUPHIN COUNTY? (le-fI), );L1oU:tJ .::rfl, 1/ <610'( ROBERT w. MORffz JR '-P.I'^" "'4;'...\ 54. ("........ \r\..r\<oi.cLr. '.......,I~":).bl,.'VJ f/L 17C)t) 717-37'7 -/" '-10 ("" ,- :>&((.) I L~- ~) 'z... c''''P"J 5_c~~!:>~rl,."l<.Q {J'''''+'1 Coc"t (~V)e- , (~. ~ C~f'vJ- T;"" Ctlq,~) -("'-L .": lL d C; rov f 13 D v>J. c.kJ.rz:l,. "Sf.. '50''1:, )00 q ~~iV,b""") I Pi.q.l701 """~"".- ~,,;~.';;"':.-." Verification I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT 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. w,(1)<)vzIl727\Ytr .. ROBERT W. ~~"&TZ JR. DATE: 1-9-0L( CERTIFICATE OF SERVICE 'j-9-0C( I ROBERT W. MORETZ JR HEREBY CERTIFY THAT ON I SERVED A TRUE AND CORRECT COpy OF THE "EXCEPTIONS TO THE MASTERS REPORT' TO THE FOLLOWING: 1. CUMBERLAND COUNTY COURT HOUSE-TWO COPYS. 2. THE WILEY GROUP, C/O TIM COLGAN 130 W. CHURCH STREET DILLSBURG, PA. 17019 (BY U.S. MAIL) LESS THE DIVORCE AGREEMENT (2.u. {U, Yv10"'-'~ r 3(1, "t_$'_DY ROBERT w. MO&rZ JR 427 w. MAIN STREET REAR MECHANICSBURG P A 17055 (717) 379-1640 ~, -::--;, C;:::', -"'" (.0 rT, I "'.n o --,'I ::::! l':\;r: -,,-IT'! .~jQ _""..r' -;! f-;; c~ --.J ~~_:~.! IN THE COURT OF COMMON I~LEAS CUMBERLAND COUNTY, PENNSYLVANIA Diane M. Moretz, ) Civil Action - Law Plaintiff ) ) vs. ) ) No. 03-6U7 - Civil Term Robert W. Moretz, ) Defendant ) 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Certified Mail. Return Receipt Reqpested. Rl!stricted Delivery. mailed on December 2. 2003 and delivered on Decembelr 3. 2003. An Affidavit of Service was filed with the Court on Decembelr 18. 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: September 7. 2illlM; By Defendant: September 7. lIl.IM. (b) (1) Date of execution of the Affidavit requirc:d by Section 3301 (d) of the Divorce Code: JSLA (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: lSLA. 4. Related claims pending: All related claims were resolved by a Maritai Settlement Aereement dated September 7. 2004. Said Marital Settlement Avreement was filed with the Court on September 7. 2004. 5. Complete either (a) or (b): (a) Date and manner of service of the Notic:e of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce wasjiJedwith the Prothonotary: S~tember 7. 2004: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: S~tember ,. ~ Date: 9- 9roC/ f By: Timo~ Supreme Court I.D. #77944 130 West Church Street, Suite 100 DiIlsburg, P A 17019 (717) 432-9666 (Attorney for Plaintiff) n i-=- -:[;;. _.,._.L rij F~ e,.; ;-< '< ;;.". 5-~f o :? .- . '" CO> = .r- (/) [Tj --0 C) -n --l T i'1;:D r- -CJrTl :-.00 C).L ..-41.....3 _,.1-, ~'~i.~~ ~l '>- c:::> -r::; -,,, _F.._ r,j Ui -:::: . ... . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DIANE M. MORETZ, Plaintiff NO. 03-6127 Civil Term VERSUS . ROBERT W. MORETZ, . Defendant DECREE IN DIVORCE AND NOW, s~ \P t. I ~ , . 2.60'1, IT IS ORDERED AND DECREED THAT DIANE M. MORETZ PLAINTIFF, AND ROBERT W. MORETZ , 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; THE TERMS AND PROVISIONS OF THE MARITAL SETTLEMENT AGREEMENT SIGNED BY BOTH PARTIES ON SEPTEMBER 7, 2004 ARE HEREBY INCORPORATED BUT NOT MERGED IN THE DECRE~ IN DIVORCE ANB REMAIN BINDING La--v[\, l't1'" "'Al<TL"'::;. ~ 'i ~ .; . ., ~.:~ ~... ",,,....: . ~ . ~ -';;" .~ , -, "- " . - , .. .<!" , - . -- . BY THE COURT: r/. a L ~. tiJ'-?lc) 0 e, _ . ATn{jT: r1:ti.. l - ~ . . ""-.'- ...... ,-.'- ._-"~''';~; \v ... _ .. ..._ "- . / '........~:..-;,~. """..: h--, 'i" ~ "'~4___ PROTHONOTARY . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -h c:z ~ ~Jt, /~t7 U 'p ~ ~ ~~4i?~ fir/-I...J.I; ~ ", ~., ,...... 'I""~ ~.,.,.... ,. . '. DIANE M. MORETZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 6127 ROBERT W. MORETZ,JR. DEFENDANT CIVIL ACTION. LAW IN DIVORCE PETITION TO APPEAL DIVORCE DECREE DATED SEPTEMBER 16TH 2004 1.) The defendant is Robert W. Moretz, Jr. He is an individual adult and resides at 427 West Main Street (rear) in Mechanicsburg in the County of Cumberland, Pennsylvania 17055. 2.) The plaintiff is Diane M. Moretz. She is an individual adult and resides at 16 Big Horn Avenue in Mechanicsburg in the County of cumberland, Pennsylvania 17055. 3.) The defendant respectfully asks the Court for an appeal to a final divorce decree, which was put into effect on September 16th, 2004. It is enclosed and marked as exhibit 1. An appeal is requested for the following reasons. A) Vast intimidation by plaintiff's attorney influenced and threatened the defendant into signing a divorce agreement written by the plaintiffs attorney. B) Plaintiff and her attorney failed to followed through with Domestic Relations Court Order, dated July 15, 2004, marked as exhibit 2. This was in regards to health insurance being provided for the defendant by the plaintiff. C) Plaintiff's attorney failed to present all documents concerning marital settlement even after defendant went out of his way in an order to present to plaintiff's attorney with all issues the defendant wished to be addressed for the agreement. D) Plaintiff's attorney failed to present a full and complete copy of the Divorce Agreement to the defendant. This document, marked as exhibit 3, appears to be missing pages 6 and 8 if not more so. E) Plaintiff has had indirect interference with defendarlt's life, as prohibited by the Divorce Agreement, by interfacing with and influencing his children. WHEREFORE, the defendant respectfully requests the court for a hearing concerning this matter. Respectfully submitted, Date:~ (24(. w.""~v., Robert W. Moretz, J . 427 W. Main St (rear) Mechanicsburg, P A 17055 (717) 379-1640 VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENAL TIES OF 18 Pa.C.S. Se:tion 4904, RELATING TO UNSWORN FALSICATION TO AUTHORITIES. iUf.tJ. wr~ \:5VL ROBERT W. MO TZ, JR. DATE~I'\Oc.( CERTIFICATE OF SERVICE I, Robert W. Moretz, Jr., hereby certify that on~' I served a true and correct copy of the aPpeal to a decree of divorce to the Higher Court to Plaintiff's attorney, Timothy J. Colgan, Esquire by mailing same by certified first class mail, postage prepaid, addressed as follows: Timothy J. Colgan 130 W. Church Street Suite 100 Dillsburg, PA 17019 As well as an original and a copy to the Court. Respectfully submitted, () (~ I tv , {Y1- Robert W. Moretz 427 W. Main Street (Re Mechanicsburg, P A 17055 Phone (717) 379-1640 Jll} 1 DIANE M. MORETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W ROBERT W. MORETZ, Defendant NO. 03-6127 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of October, 2004, upon consideration of the attached Petition To Appeal Divorce Decree Dated September 16th 2004, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, 4mothy J. Colgan, Esq. Suite 100 130 W. Church Street Dillsburg, P A 17019 Attorney for Plaintiff J. ~ LA'{obert W. Moretz 427 W. Main Street (Rear) Mechanicsburg, P A 17055 Defendant, pro se :rc \/It'-~\\fl;t) \!: ;'-,~~. ~?: d \IN--r..- ,.'C' ii' :-,;.,,1.'')'"' (\oJ.. I ;'~:'~) :.., ~-..- -:1:l1i ,~ 10 :!-j ~~d BZ 130 ~Ofil I' ".{'C"'" '0' '\ r,' I :1Ul :\0 1\tJ\ 1 ;., 1[1....J:1O ::.n jc)\:l~.o--G31\~ v. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6127 CIVIL TERM DIANE M. MORETZ, ROBERT W. MORETZ, JR., Defendant CML ACTION -- LAW ANSWER TO DEFENDANT'S PETITION TO APPEAL AND NEW MATTER AND NOW this l')jVl of November, 2004, comes the Plaintiff, Diane M. Moretz, by and through her attorney, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C. and files the instant Answer and New Matter and in support thereof avers as follows: 1. Admitted. .. :11: t 2. Admitted. 3. A. Denied. Defendant negotiated a fair and equitable settlement agreement on his own behalf. Plaintiff, through undersigned counsel, prepared a draft Marital Settlement Agreement which was forwarded to Defendant on May 3,2004. The Defendant communicated with undersigned counsel by letter on May 4,2004, May 29,2004, July 27,2004 and August 18, 2004 regarding the terms of the proposed Agreement. On the day of the Preliminary Conference before the Divorce Master, the Defendant further negotiated on his own behalf with respect to three real estate escrow refund checks totaling $4,241.13. The Defen4ant demanded and the Plaintiff agreed to waive her interest in said checks. The checks were endorsed over to the Defendant by Plaintiff and an addendum to the Marital Settlement Agreement was put on the record with regard to those checks. The Defendant chose at all times to represent himself in this matter. The Defendant had previously employed counsel with regard to other legal matters and knew how to hire an attorney if he so desired. The draft Agreement provided to the Defendant in early May 2004 specifically states that undersigned counsel in no way advised nor represented the Defendant and that he could seek counsel of his own choosing but that he decided to proceed pro se. The Defendant negotiated on his own behalf and entered into the Agreement freely and voluntarily. B. Denied. On July 15, 2004, the parties agreed to a stipulated Order with regard to Defendant's health insurance coverage before Conference Office R.J. Shadday of the Cumberland County Domestic Relations Section. In essence, the terms of the agreement were that the Cumberland County Domestic Relations Section would supply Ms. Moretz' employer with the Order ordering that the. Defendant be added to her employer provided health insurance. In the event the employer refused to honor the Court Order, Ms. Moretz would be obligated to obtain health insurance for Mr. Moretz at his cost. The parties appeared before the Divorce Master for the preliminary conference on September 7,2004. As of this date, Ms. Moretz' employer had not yet issued a determination on the July 15,2004 Domestic Relations Court Order. By entering into a comprehensive Marital Sett~ement Agreement on September 7, 2004, the health insurance issue which was the subject of the July 15,2004 Domestic Relations Order became moot. In negotiations regarding the terms of the Marital Settlement Agreement, Mr. Moretz specifically asked what would happen to the pending health insurance issue. Mr. Moretz was told in no uncertain terms that if the Agreement was signed, all issues between the parties would be fully and finally resolved -- including the pending health insurance issue. Mr. Moretz was told that upon the signing of the Agreement and issuance of the Decree in Divorce, undersigned counsel would supply Domestic Relations with a copy of the executed Agreement so that the pending support action could be concluded. In light of this, Mr. Moretz specifically stated that he felt he should have the real estate escrow checks from the sale of the parties' marital residence and from the refinance of their rental property. In an effort to conclude the case in its entirety, Ms. Moretz agreed. C. Denied. While Defendant's averment is unclear, undersigned counsel provided Defendant with all documents necessary to conclude the divorce action. In addition to the Marital Settlement Agreement, Defendant was provided with the Affidavit of Consent and Waiver of Notice at the time of the Conference on September 7,2004. D. Denied. The Martial Settlement Agreement was signed in the Divorce Master's Conference room. The Divorce Master's assistant, Tracy, then made copies of the Agreement for Mr. Moretz, Ms. Moretz and undersigned counsel. The original agreement filed with the Court contains all pages of the Agreement. If the executed copy Mr. Moretz received on September 7, 2004 failed to contain pages 6 and 8, he certainly can obtain those pages from the Prothonotary's Office. E. Denied. The Plaintiff has not indirectly interfered with Defendant's life by "interfacing with and influencing his children." To the contrary, Plaintiff has been repeatedly and involuntarily pulled into Defendant's ongoing effort to regain custody of his children through a custody action in Dauphin County between Defendant and his first ex-wife. Plaintiff would like nothing more than to have no further involvement with that matter. NEW MATTER 4. Plaintiffs averments in paragraphs 1 through 3 are incorporated herein as if set forth at length. 5. The Defendant has received the benefits of the Marital Settlement Agreement as follows: A. He received and cashed the three real estate escrow checks endorsed over to him on the day of the Divorce Master's Conference in the amount of $4,241. 13. B. He received and cashed the check made payable to him for his portion of the proceeds from the sale of the marital residence in the amount of$7,158.46. C. He has enjoyed the benefit of the retitling of the parties jointly owned real estate at 427 West Main Street, Mechanicsburg into his name individually with equity of approximately $40,000.00. 6. Defendant's conduct since the execution of the Marital Settlement Agreement on September 7, 2004 has been dilatory, obdurate and vexatious and is in direct contravention to the tel1lls of the Marital Settlement Agreement (attached hereto as Exhibit A) which provides the Plaintiff with a full, final and complete release from any and all claims and actions by the Defendant. Defendant's conduct includes the following: A. In direct violation of the Marital Settlement Agreement, on September 9, 2004, the Defendant filed a document entitled "Exceptions to the Masters Report" when there was no Master's Report; B. On September 28,2004 the Defendant filed an appeal to the September 23, 2004 closure of the pending Domestic Relations matter for which a hearing was held before the Support Master on November 8, 2004. C. On October 15,2004 the Defendant filed the document entitled "Petition to Appeal Divorce Decree Dated September 16,2004" which the instant Answer addresses. 7. All of Defendant's actions following the signing of the Agreement have caused the Plaintiff to incur additional costs and legal fees. 8. All of Defendant's actions following the signing of the Agreement have caused Plaintiff great stress. 9. All of Defendant's actions following the sigrirbg of the Agreement have prevented Plaintiff from having the closure which she sought through the appointment of the Divorce Master. WHEREFORE, Plaintiff respectfully requests that: A. Defendant's request for a hearing be denied; B. Defendant be permanently enjoined from filing additional documents with regard to any and all matters relating t'? the Plaintiff unless represented by counsel; and C. The Court find that Defendant is in breach of the Marital Settlement Agreement of September 7, 2004; and D. The Court award Plaintiff attorney's fees in the amount of $1,000.00 for his conduct following the signing of the Agreement as contemplated per paragraph 20 of the Agreement. Respectfully submitted, 11-/)"- 0'1 Timothy 1. Co g quire P A Supreme Court ID# 77944 ~LEY,LENOX,COLGAN & MARZZACCO, P.c. 130 West Church Street Suite 100 Dillsburg, P A 17019 Phone (717) 432-9666 Fax (717) 432-0426 MARITAL SETTLEMENT AGREEMENT TillS AGREEMENT, made this 71tl day of ~f~h(--- 2004, by and between DIANE M. MORETZ, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as 'WIFE") and ROBERT W. MORETZ, of Mechanics burg, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETU: WHEREAS, the parties hereto are husband and wife, having been married on December 28, 2000. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to l,ive separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective fmancial and property rights and obligations as between each other including, without limitation by specification; settling of all matters between them relating to the ownership and equitable distribution of real and personal property; 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; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact I ~~ ~ f ,iii EXHIBIT A \ , by the othert as fully as though he or she were single and unmaniedt except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the othert nor compel the other to cohabitate with the other, or in any way harass or malign the other~ nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to .affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as .such grounds now exist or shall hereafter exist or to such defense as may be available to either party. :3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County on November 21, 2003, docketed to number 03- 6127, claiming that the marriage is irretrievably broken under Section 3301(c) of the Penns)ilvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code and deliver same to counsel for WIFE. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a fmal settlement for all purposes whatsoevert as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of 2 execution" or "execution date:~ defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein~ shall only take place on the "distribution" date which shall be defmed as the date of execution of this Agreement unless otherwise specified herein. However~ the support and/or aiimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all tlme to come. and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in,or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate4, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof~ whether arising out of any fonner acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow~s or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse~s will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising Under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time 3 hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respectto any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and fmal resolution of any :and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7 . REPRESENTATION BY COUNSEL: This agreement has been prepared by Timothy J. Colgan, Esq., counsel for WIFE. At the commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esq. has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel. HUSBAND has read this Agreement carefully and' thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue 4 influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have 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 for and 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. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, With the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and 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. 10. REAL PROPERTY: The parties,. during their marriage, acquired a property located at 1151 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. WIFE posted $40,000.00 of the purchase price at the time of purchase. Therefore, the parties agree that WIFE shall receive the fITst $40,000.00 of the prm;:eeds of the sale of the said property. After the first $40,000.00 of the said property is di~tiibuted to WIFE, the parties shall divide any 5 remaining proceeds from the property equally. The parties own a property located at 427 West Main Street. The equity in the said property is valued at approxim~tely $40,000.00. HUSBAND agrees to refinance the said property within sixty (60) days of the signing of the final Marital Settlement Agreement. WIFE waives all right, title and interest in the said property under the condition that HUSBAND refinances the property within sixty (60) days of the signing of the final Marital Settlement Agreement. 11. PERSONAL PROPERTY AND DEBTS: HUSBAND agrees to retain the 2003 Nissan pick-up truck and to indemnify and hold WIFE harmless. HUSBAND agrees that the 2002 Nissan van will either be sold or refmanced into HUSBAND's name alone within sixty (60) days of the fmal Marital Settlement Agreement. If HUSBAND fails to refinance the 2002 Nissan van in his name alone within sixty (60) days of the fmal Marital Settlement Agreement, it shall be sold. The parties have divided between them, to their mutual satisfaction, the personal effects all other, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of 6 12. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE possesses retirement benefits as a result of her employment with USAirways. HUSBAND does not possess retirement benefits. HUSBAND waives any interest he may have in the 401 (k), retirement accounts or employee pension plans of WIFE. 13. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the .foregoing provisions for their individual benefit are satisfactory with regard to sp'ousal support and maintenanoe, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provision for support or maintenance. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they respectively maintain separate bank accounts. Each bank account shall remain the sole and exclusive property of the party who has maintained. it in his or her name. HUSBAND and WIFE agree that they waive all right, title, and interest in account(s) in the other's name. 15. DEBT: HUSBAND and WIFE each possesses certain credit cards and other credit instruments in their respective names. HUSBAND and WIFE agree that the party who incurs the charge or creates the liability shall be responsible for any debt or charge incurred either before of after the date of final separation and the charging party will indemnify the other and hold the other harmless from any debt incurred. 7 16. AFfER-ACQUIRED PROPERTY: Each of the parties :;;hall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 17. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. 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 iri connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally detemiined 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. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of said Act. 19. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise 8 specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 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 available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 21. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and ~eliver any and all instruments which may be necessary or advisable to cany into effect this mutual waiver and relinquishment of such interests, rights and claims. 22. 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. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9 24. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. VOID CLAUSES: lfariy term; condition, clause or provision of this Agreement shall be detennined or 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. 26. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 27. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the fmancial disclosure of the other as an inducement to the 'execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in the preparation of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition any court having jurisdiction to m,ake equitable distribution of said asset. The non- disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by 10 the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 28. MODIFICATION AND.W AIVER: 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 defaults of the same or similar nature. 29. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in detemtining the rights or obligations of the parties. '30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESSWHEREOF~ the parties hereto have set their hands and seals the date and A~~ WITNESS /tf~ ~ . ~ WITNESS 4: ~ year first above written. DIANE M. MORETZ .' R~ ,(,u.)vI ~ :Sil, ROBERT W. MO:,){ I 0, h (01 C:\DOCUME-I\USERI\Locu.s-/'TEMPOR-I\CoNTENT.IES\47BJW(19\M~132S, WPD DIANE M. MORETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 6127 CIVIL ROBERT W. MORETZ, Defendant IN DIVORCE THE MASTER: Today is Tuesday, September 7, 2004. This is the date set for a conference in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Diane M. Moretz, and her counsel Timothy J. Colgan, and the Defendant, Robert W. Moretz, who is not represented by counsel. The parties have reviewed a settlement agreement prepared by Mr. Colgan and have advised the Master that they wish to have an addendum attached to that agreement which was prepared in Mr. Colgan's office. Consequently, we are going to ask Mr. Colgan to put the addendum on the record and then we will complete the settlement with the signing of the prepared agreement by Mr. Colgan and the addendum attached. Also the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The parties were married on December 28, 2000, and separated October 26, 2003. 1 The complaint in divorce was filed on November 21, 2003, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony, and counsel fees and costs. It is the Master's understanding that with respect to the economic claims raised the agreement provides that the claims for alimony and counsel fees are withdrawn and the agreement consequently deals solely with the distribution of the marital estate and allocation of debt. Mr. Colgan, would you like to state the supplement to the agreement on the record? MR. COLGAN: Sure. The parties have received three escrow refunds as-a result of the real estate that the parties own; two escrow refund checks are for the 427 West Main Street property. The first escrow refund check is in the amount of $527.92 and the second escrow refund check is in the amount of $1,748.59. A third escrow refund check was received by the parties as a result of the sale of the marital residence located at 1151 Allendale Road, Mechanicsburg, Pennsylvania. The amount of that check is $1,964.62. The parties agree that all three checks will become the sole and separate property of Robert W. Moretz. Diane Moretz waives any and all claim of right, title or 2 interest in said funds by signing these checks over to Robert W. Moretz. I acknowledge that I have read the above addendum to the marital settlement agreement, and affix my signature affirming the terms stated therein. WITNESS: DATE: T~~an Attorney for Plaintiff f~ 7 -or ;VrL1 4JD!\ /11' ... b{~~. Moret~ cr-l-oL{ W, vJ.M()-'I-{Jf:)I'::>O/ Robert w. More~ 3 v. IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6127 CIVIL TERM DIANE M. MORETZ, ROBERT W. MORETZ, JR., Defendant CIVIL ACTION -- LAW CERTIFICATE OF SERVICE I, Timothy 1. Colgan, Esquire hereby certify that I am this day serving a copy of the ~otion for Appointment of Master and Order Appointing Master upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Robert W. Moretz 427 West Main Street (Rear) Mechanicsburg, P A 17055 ~LEY,LENOX,COLGAN & MARZZACCO, P.C. Date: /f-IS-OY '.'k"~..~~ ~. By: ,,, "7 Timothy J. Colg , qUIre Supreme Court I.D. #77944 130 West Church Street, Suite 100 Dillsburg, PAl 70 19 (717) 432-9666 Vy~ I f'~ ROBERT W. MORETZ, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 390 SUPPORT 2004 DIANE M. MORETZ, PACSES NO. 362106397 Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , DIANE M. MORETZ, VS NO. 03 - 6127 CIVIL ROBERT W. MORETZ, JR., Defendant IN DIVORCE STIPULATION AND ORDER OF COURT MR. LAGUNA: Mr. Moretz is gcing to pay for and submit to a mental health evaluation to determine essentially his competency. He is responsible for all the costs and making sure that happens and is paid for within 60 days of today. The evaluation is going to be conducted by a licensed professional who will be mutually agreed upon by the parties. Essentially, the expert's conclusion about competency is going to be determinative for those proceedings. The idea being if it comes back and says he lS incompetent that is. MR. COLGAN: Yes. THE COURT: The appeal won't be -- the -- I'll declare the agreement to be unenforceable and start back at square one with the economic issues. MR. LAGUNA: What we agreed to bifurcation at that point and then proceed back on the economic issues to the Master. THE COURT: Okay. MR. LAGUNA: The motion to quash at the support docket would likewise be denied. THE COURT: Right. MR. COLGAN: If he's incompetent. If in fact he is declared to be competent, the petition to appeal at the divorce docket will be denied and the motion to quash the support docket will be granted. THE COURT: enforceable. MR. LAGUNA: MR. COLGAN: THE COURT: And I'll declare the agreement to be Yes. Yes. So that's all -- I'll just enter the following order. And now today's date, the parties having reached a stipulation at -- is that all that we have? MR. LAGUNA: Yes, Your Honor. ORDER OF COURT AND NOW, this 30th day of December, 2004, the parties having reached a stipulation that is artic~.lated by the counsel, these proceedings are continued generally. No further action to be taken at either docket of court. vrimothy J. Colgan, Esquire For the wife ~ger R. Laguna, Jr., Esquire For the husband :mlc > tM;1wl. ~~(\ r~ o JI -0 c( ,05 \1H\\:~!\~1.\~~~~<r < ,~~d ),ll\JnO:J ,:q; '.: !::3~\;nJ ~s :11~~V ~- NVrSOOl },tNIONOI..jlCkld 3Hl :10 38Ij:10-0:lli::l IN THE COURT OF COMMON PLEAS OF CUlVmERLAND COUNTY, PENNSYLVANIA 'lYtA\UC m. rY'\OR.eT2- Plaintiff Vs FileNo. 03- (p I ~ 1 IN DIVORCE lZdxtorWI (Y)OlLtXZ. (je. Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above marter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, 9/ /(P I 0 Lf dm IJ1 or _X _ after the entry of a Final Decree in Divorce dated L~-f2 ";] LQ1: hereby elects to resume the prior surname of J A COB 5 , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P .S. 704. Date:J2- 30-0t{.... ~~.. Signature ~al\Al. ~tM ~ l&4 ~ Signature of n e eing resumed COMMONWl}.f\LTH OF PENNSYpV ANIA ) COUNTY OF~ lair! ~cl On the Lcfo-dJJ,y ofq Ot V\.-U CVL If-" 20oS, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the seal. foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official ~_Q.~ak/ ProthonQ1a G NOTARIAL SEAL CLAUDIA A. BRE. WB. AKER, NOTARY PUBLIC Carlisle Bora. Cumberland County My Commission Expires April 4, 2005 (") ~ ~ - = 0 f 'r\J ~~O = 11 c..rt i"~.' <- 5"!~ :L~ rn~ --,;..>" 2 ~ , :-0 f1l .--...... -D~ '-.r:. ,.. m ('c ~ ~ .':::j ..J -0 r- -ri ~ " (".5=9 ...~ ( .) ."::;;. ~::;: (3m P' L j;! --' ~\ -~ :u .::-J -..I ~ ~ t0J'~ / ROBERT W. MORETZ, JR., Plaintiff VS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 390 SUPPORT 2004 DIF.NE M. MORETZ, PACSES NO. 362106397 Defendant DIANE M. MORETZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 6127 CIVIL VS ROBERT W. MORETZ, JR., Defendant IN DIVORCE STIPULATION AND ORDER OF COURT MR. LAGUNA: Mr. Moretz is going to pay for and submit to a mental health evaluation to determine essentially his competency. He is responsible for all the costs and making sure that happens and is paid for within 60 days of today. The evaluation is going to be conducted by a licensed professional who will be mutually agreed upon by the parties. Essentially, the expert's conclusion about competency is going to be determinative for those proceedings. The idea being if it comes back and says he is incompetent that is. MR. COLGAN: Yes. THE COURT: The appeal won't be -- the -- I'll declare the agreement to be unenforceable and start back at square one with the economic issues. MR. LAGUNA: What we agreed to bifurcation at that point and then proceed back on the economic issues to the Master. THE COURT: Okay. MR. LAGUNA: The motion to quash at the support docket would likewise be denied. THE COURT: Right. MR. COLGAN: If he's incompetent. If in fact he is declared to be competent, the petition to appeal at the divorce docket will be denied and the motion to quash the support docket will be granted. THE COURT: And I'll declare the agreement to be enforceable. MR. LAGUNA: Yes. MR. COLGAN: Yes. THE COURT: So that's all -- I'll just enter the following order. And now today's date, the parties having reached a stipulation at -- is that all that we have? MR. LAGUNA: Yes, Your Honor. ORDER OF COURT AND NOW, this 30th day of Dece~ber, 2004, the parties having reached a stipulation that is articulated by the counsel, these proceedings are continued generally. No further action to be taken at either docket of court. Timothy J. Colgan, Esquire For the wife Roger R. Laguna, Jr., Esquire For the husband :mlc ,-.' ~ <-" <- ~- ~ 1" U' ? ::t'- o ~,-\ ..... -t: ~1 r-np,' ..{'",r1\ <,0 -(-""} )... ~,~~:..!. C.l '~1,:'7A <;).B ~,c'S rrl" ':..>\ .':C" '.,'1 :,7- 9 0' v' ROBERT W. MORETZ, JR., Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03-6127 DIVORCE No. 390 SUPPORT 2004 PACSES No. 362106397 DIANE M. MORETZ, Defendant. CIVIL ACTION-LAW DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR FINAL COURT ORDER AND NOW, comes the Defendant, Diane M. Moretz, by and through her counsel, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., who answers Plaintiffs Motion for a Final Court Order as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that after signing the Agreement Husband challenged his own competency to enter into the Agreement. To the extent that Husband argued for enforcement of his interpretation of the Marital Settlement Agreement, he is acknowledging his own competency. 3. Admitted. 4. Admitted. 5. Admitted. By way of further response, the parties agreed to jointly select the evaluator to conduct the evaluation. A letter clarifYing that agreement was sent by Attorney Bradley Winnick] of The Wiley Group on behalf of Diane Moretz to Attorney Laguna on behalf 'Attorney Winnick handled the hearing before the Coutt on December 30, 2004. The transcript incorrectly attributes Me Winnick's statements to Mr. Colgan. " of Robert Moretz confirming a portion of that agreement that was inadvertently omitted from the stipulation which was placed on the record on December 30, 2004. That letter and Attorney Laguna's confirmation of same is attached hereto as Exhibit A. 6. Admitted in part and denied in part. It is admitted that the evaluation was to be conducted. It is denied that Husband was to obtain the mental health evaluation. That statement implies that Husband was charged with unilaterally selecting and obtaining the evaluation on his own. To the contrary, the parties specifically agreed to the selection of one mutually agreed upon evaluator so that the parties could present the evaluator with the relevant information to conduct the evaluation and, most importantly, to frame the issue for the evaluator so that the report answered the issue before the Court. 7. Admitted. The report states that at the time of the evaluation by Kasey Shienvold, Mr. Moretz was competent. By way of further response, because Mr. Moretz failed to abide by the terms of the stipulation and because the report does not precisely address the issue which was to be considered (i.e. whether Mr. Moretz was competent at the time he executed the Marital Settlement Agreement) the issues before the Court should be resolved against Robert Moretz and in favor of Diane Moretz. 8. Admitted in part and denied in part. It is admitted that the Court should rule on this matter as previously stipulated. It is denied that the Court should act as a fact-finder. The stipulation is clear that the question to be answered by the evaluator was whether Mr. Moretz was competent to enter into the Marital Settlement Agreement on September 7, 2004. The stipulation further provided that the evaluator was to be mutually selected by counsel for the parties and that counsel for the parties were to provide the evaluator with the information necessary for the evaluator to formulate an opinion on the issue ofMr. Moretz' competency at the time of signing the Agreement. Mr. Moretz failed to abide the by the terms of the stipulation. He cannot now ask the Court to interpret the report in an effort to support his position. The report doesn't state that he was incompetent at the time he entered the Agreement. The only means for Mr. Moretz to succeed on his support appeal and divorce appeal would have been if the evaluator found him to be incompetent at the time of the Agreement. Because the evaluator didn't render that opinion (as a result ofMr. Moretz' failure to abide by the terms of the parties' stipulation) the case should be resolved against him. Diane Moretz should not be compelled to bear the financial and emotional burden of continual litigation as a result ofMr. Moretz' failure to abide by the terms of the stipulation as negotiated and put on the record by his own attorney. Additionally, Mr. Moretz submitted two evaluations to the Court after filing his Motion. Those reports should be entirely disregarded as they were conducted for a completely unrelated purpose and were conducted 9 months after the signing of the Marital Settlement Agreement in the case of the report of Dr. Vickery and one year after the signing of the Agreement in the case of Dr. Dahle. In addition, neither report addresses the issue ofMr. Moretz' competency to enter into the Marital Settlement Agreement in September 2004. WHEREFORE, Defendant respectfully requests that This Honorable Court enter a Final Order that the Marital Settlement Agreement is enforceable, to grant the Motion to Quash the support appeal, and to deny Plaintiff's Petition to Appeal the Divorce Decree. Respectfully submitted, Date: 11-/0-'0> T~ P A Supreme Court ID# 77944 WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 West Church Street Suite 100 Dillsburg, P A 17019 Phone (717) 432-9666 Fax (717) 432-0426 J.U,)U/ ';:UU4 lD-=-U~r}4'AA.: {.i74,,~u-4-;,:a~" Ill., wto'i'e,,;,obrtJUj,' l&I\HJJ. ~VVJ. i . In;\M,WH,'l' D..'iVi'd j. L.~~nh;>{ :nmoth\l ./. 'Co/gFm' " . Christ,;phl1't"I.' Mal'z:z..H';C;O ..., qJ " '~J' ~"'."~:J. .....,.;:rr...., ,1' " 'E' '.~,.."'.\ .:.''':~'lJ'l:> 1f"":'1..~.. 'If.V' :'R.~ .... ;. ,.... .. ........,n~,.;p . . ,. ~t~;"i~t\~"5~~.~~t; :b\'~. ,: ,'. /vlley, let1ti~,ccilgan:&Ma;tizacco, P.C, ]);:'l!\.Iid (. I h:i.~h(.1,I Dian;l, V~~<'}t)d~idt(i, '~~il('Il..~y.A. VVimlic:k "llf/}m~s,M. Clii-!1I. 'IO~'" . J . ~.;, .... ..... f C ~::aL~;:;~~~~UJ:), Ii' . 1119 N. Front Street . . C . HarriSburg,PAc:l7102."-, ". ". '. ' \ /!.U . ft_.."'" ". '~.''''''''' . ..... lL..iCN . 0 /7' -~,.,.Q".. "'....~ "))" '"/. '-ID.'" . ..,' -.' - Y"'l'CC \ DeilrIt~.::rejs. _....:._~~;.~@Qr.:i.ll!l~l......\>..f..the.5ti. 'P.lIlllt:l.'O.'.n,... Weagreedtb$ eitberparly cOUl4-_~I!!P'~8birel';'"mttotheCO~llney . . . evaluiltQr inQrder to prcl1j~le:the, . _" :.::~:" .i1I"ldf<<tbe.w.atiia\l~P~ktlIleknQwif lam. re.:mem~~~~'~an~' .'l~;~li~;lwilll'illittC)\M:~froJJ,lY~ ..... .regarding:Mr.MoreuuM.lCe-of 'e\1ahi~../:-:'.:... . .' ,.... . . ",..':..." . ,'.. . . " i'.-:..";'OO:... :".. ... , . .' .," " . ',:,:::,"-, l.'ba$: you tPr yl)lJl; illtetJtiQn~ . . .. . . Deelll'l1bet3,().. 2004 .. '. ,,",,'. '.' '~" '. .VJAFAX (2:U.S~94)li';1l1 REGUljA,RMAll;'. .' '.V~, tTti/y' . ,~iiW-S -~~ .' ". ~,. ~ .. .. ~,y..ttmOx. <;~{;~;':AN &MAR1',zACC-O .~..., ....:.... ..,: .---- ...... "..' '. . . . " . . , . ' . . , . ....-..: ......, :'~',;>..>'" ", By: .' ..' '.' .' . Bradi"~'A:Winmac; E~uii:e" cc:p~e M. Moretl! . Timothy Colgan, E~. . RAW/sam . i . .. '. ',. EXHIBIT t A . 'W ...._._..y.\.._____ '"- . ;.........~..:,..-: . . . '. -. . _...:_:.:...... .--..:.;......,., ... ....."..--,.._~;..;....:.~-.........- 1 0:\0 W. ChlU'ch Str""", Suite 100. .)j tobIJrg, PA Hill" . Phr",.., lil7) 4:~2-'11.;'6 '. IIlO0l6!l2c,tlS.o .I'a;:~ (1{7,A32.()42f. . . Ofticll$ in Hanisl1urg .' York . Ca,1x>nd;iJ<' W\'/W.wllcygrQup!.;Iw:e<:>m .' ROBERT W. MORETZ, JR., Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 03-6127 DIVORCE No. 390 SUPPORT 2004 PACSES No. 362106397 DIANE M. MORETZ, Defendant. CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certity that I am this day serving a copy of Defendant's Answer to Plaintiff's Motion for Final Court Order and New Matter upon the person( s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Roger R. Laguna, Jr. Esquire 1119 North Front Street Harrisburg, P A 17102 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: Ii -Io--os; By: Ti~~ Supreme Court I.D. #77944 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 "-' i::~:l ":::J ;0'-' cr: ,~~ ...j. o -n .-l J1~l c:. c:i --" ..; (-j -.;iT\ I c: s~ -....~ ~ " ROBERT W. MORETZ, JR., Plaintiff, v. DIANE M. MORETZ, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-6127 DIVORCE No. 390 SUPPORT 2004 PACSES No. 362106397 CIVIL ACTION-LAW ~ ORDER AND NOW, this the J.L day of ~ ,2005, after consideration of Plaintiffs Motion for Final Court Order and Defendant's Answer thereto, it is hereby ORDERED, ADJUDGED AND DECREED that the Marital Settlement Agreement is enforceable, Defendant's Motion to Quash the support appeal is granted, and Plaintiffs Petition to Appeal the Divorce Decree is denied. 1. Distribution: f.oger R. Laguna, Jr, Esquire (counsel for Plaintiff) ,frnothY J. Colgan, Esquire (counsel for Defendant) ~. C// { ~~ 02 :\ ': l J C", 'ree'-'J7 ~"V [_\..., i JL! Lo ROBERT W. MORETZ, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANE M. MORETZ : NO. 390 SUPPORT 2004 : PACSES CASE # 362106397 DIANE M. MORETZ : NO. 2003 - 6127 CIVIL TERM ,/ V. ROBERT W. MORETZ, JR. : CIVIL ACTION - LAW ORDER OF COURT AND NOW, 28TH day of NOVEMBER, 2005, a hearing on this matter is scheduled for MONDAY, DECEMBER 12, 2005, at 1:00 p.m. in Courtroo Edward E. Guido, J. ~ger R. Laguna, Jr., Esquire 1119 North Front Street Harrisburg, Pa. 17102-3318 :sld vrJmothy 1. Colgan, Esquire 130 West Church Street, Suite 100 Dillsburg, Pa. 17019 ~ ~bert W. Moretz 427 West Main Street (Rear) Mechanicsburg, Pa. 17055 V)l :Cl C'::; j