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HomeMy WebLinkAbout04-1289 MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 61f-(2gq CIVIL TERM EDWARD F. MOYER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Count V Bar Association 2 Libertv Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 II .J fl\div\MOYERcomplaint - MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O'i - I ^ '6 '7 EDWARD F. MOYER, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is MARY ELLEN MOYER, an adult individual, who currently resides at 1928 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant in this action is EDWARD F. MOYER, an adult individual, who currently resides at 328 Parkview Drive, Manheim, Lancaster County, Pennsylvania, 17545. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 23, 1960, in Tower City, pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- II I J 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that no children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. 1 verify that the statements made in this complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 P.C.S. 54904, relating to unsworn falsification to authorities. /7} l~ tJl~ ~RY ELLEN MOYE~ Date: 3 -cJ, c.j -() 1/ I I By GERALD Suprem Court 10 #40486 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Plaintiff -2- "7t0~ ~~. '-.... .c::. c;;-- ",,,> 5l-..) ~:9J ~-4..l ~ ~o () ----= '3-. v) C>. () c ~~0 ,:1),-' c;:, . [~t' ~. -.-! -< (/:> ~- " '3 I<> ~ = <=> .L- ::n: :> "", N U1 -0 :x ':-? Ul ...- (0 o ," .-1 .. hi :!J r -8m -r.,-:> 89 (:, :tl ;,:~;'~ ~., I ::~J II fl \di v\ lmailsrv. atI MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ?004-1289 CIVIL TERM EDWARD F. MOYER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, GERALD J. SHEKLETSKI, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, EDWARD F. MOYER, at 328 Parkview Drive, Manheim, PA 17545, by United States Certified Mail, postage prepaid, restricted delivery, on March 29, ?004, as evidenced by the attached Certifie~Mail return ~~ ~7 GERALD~. EKLETSKI Attorney at Law receipts. ---~ SWORN TO AND SUBS~BED be~e ::::.lhis 3<J day of ~ , 2004. tf?Jo ~. 4u~ No ary, Public NOTARIAL SEAL if.AYE R. LUCKEY, Notary Public New Cumberland Bora. CumIlerIand Co. 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E ~ lid .f c.,j ~ ~ J 1 It. .2 a .. .. ..5i ~a: IE q 1 ,dB ~ 000 i!l 'iii 'iii 1 ~~~~ ~ ~~n ~ B ~ go. i IM~~ tc .; ~ " * :!l ~ ~ ... -- ., (") ,.., 0 <=' c: (.':::,') .." -7 .J:'" ~ j ';'.""" ::!I: ~C'(p n'j(;, :>~ ~~ ::::. ~:t: :;0 ) :.~ r~" "" :n . U} .:- 9. c~ - , :'2 c:j:D _~-_.. i -:"" -~,..() S;~-~ s::- ?,fn _OJ' :n ::::r CJ " -< -, !'oJ r l -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY ELLEN MOYER, Plaintiff vs. No. 2004-1289 EDWARD F, MOYER, Defendant PRAECIPE Kindly enter the appearance of Sandra Edwards Gray, Esquire, and Pyfer & Reese, on behalf of the Defendant, Edward F. Moyer, in the above-captioned matter. Please serve all papers at 128 North Lime Street, Lancaster, Pennsylvania, 17602. PYFER & REESE BY:~ Qa~ Sandra Edwards Gray Attorney for DefEmdant, Edward F. Moyer Attorney 1.0. No, 39127 Date: April 8, 2004 CERTIFICATF OF SFRVICI;: I certify that a true and correct copy of the foregoing document has been served on the following person and in the following manner, which service satisfies the requirements of Pennsylvania Rules of Civil Procedure, Service by first class mail , addressed as follows: Gerald J, Shekletski, Esquire STONE LaFAVER & SHEKLETSKI 414 Bridge Street Post Office Box E New Cumberland, PA 17070 PYF~E, By: ~tL,~ ~ Sandra Edwards Gray 128 North Lime Street P,O. Box 1597 Lancaster, PA 17608-1597 Telephone: (717) 299-7342 Facsimile: (717) 299-1376 Attorney I.D. No, 39127 Attorney for Defendant Date: Apri1 8, 2004 No. 2004-1289 ~;:~ -( ~~~, r") <.D ,...., c,:.. c.;.,l ~- n .." :.::;1 Fil:'fJ ,-- -OfTl =iJCJJ ?-tC) ,-.-, ~~f;:~ " .'.-.... "'1 ;;~J N :1 fl\div\lcortsentaffidavit MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-1289 EDWARD F. MOYER, Defendant CIVIL ACTION .. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 5 3301(c) of the Divorce Code was filed on March 25, 2004, and served on the defendant on March 29, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsifica- tion to authorities. _tv'-t. n ld'{)D~ ~' Date EDWARD ,...> C.::J C:.:l c..n C) -n .-\ :J:)1 rnr :g2:J C:,~ (~) ..":: ,._Id )C) :':,nl ::-::j :5~; '-:... N ~'n C') Ul -, II Ii f1 \div\lwaivernotice MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-1289 EDWARD F. MOYER, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsi fica- tion to authorities. 'l\ 1\ "-t. \l. i:m-:- Da e /J'l~ I A- '{1;~ MAR'} E EN MOYER, 'PI i iff ~ C) c.-:l -(1 c.7' (-:::c. ~':::,;. rV - ""',-1 -,," r..;? <5' -,\ - II I' fl \div\lcon'entaffidavit MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-1289 EDWARD F. MOYER, Defendant CIVIL ACTION .. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under 5 3301(c) of the Divorce Code was filed on March 25, 2004, and served on the defendant on March 29, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsi fica- tion to authorities. Ju\,'-L \l \ doo~ m~ ~ ~ 7J! 6'21 ftl- MARY L N MOYER, PI inflff Date G C ....' @, cP C,,~ 0'~ "" - Q, .-.--\ ~~fi~ t:;:, ~g)IO i;),(~.! ,-"'-, ~~ ?"~\ -.-:;;;,(;'\ ",;:"::'.., I::' ::< c.;? (]"I -' - fl\div\lwaivernotice MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-1289 EDWARD F. MOYER, Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsifica- tion to authorities. ~eVV q,~ ~/. EDWARD F. MOYER, -~ (,~) r-, <.:=l () ~.:;; -n :.:-3 P0 Ul -.J fl\div\MOYER,MARYELLEN-motiontoincorporate MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-1289 EDWARD F. MOYER, Defendant CIVIL ACTION IN DIVORCE MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE MARY ELLEN MOYER, Plaintiff in the above action, by her attorneys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorpo- rate the attached agreement dated June 7, 2005, into the Decree in Divorce. ~ / SHEKLETSKI By . " No. 2004-1289 Sandra Edwards Gray, Esquire Pyfer & Reese 128 North Lime Street P.O, Box 1597 Lancaster P A 17608-1597 (717) 299-7342 Attorney l.D. No. 39127 051905/SEG/drl/PostnuptiaIlMoyer/#23574 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY ELLEN MOYER, Plaintiff, vs. No. 2004-1289 EDWARD F, MOYER, Defendant. POSTNllPTTAT AGRFFMFNT This Agreement is made and concluded this ~-tl:;- day o~ ,2005, by and between MARY ELLEN MOYER, (hereinafter referred to as "WIFE"); and EDWARD F. MOYER, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, the parties hereto are WIFE and HUSBAND, and the mother and father respectively of three (3) children; namely, Tracy A. Wilt, age 43, having been born on December 6,1961; Steven E, Moyer, age 41, having been born on July 12, 1963; and Kimberly L. Elliott, age 37, having been born on March 19, 1968; and 1 No, 2004-1289 WHEREAS, unfortunate and irreconcilable differences have arisen between the parties hereto by reason of which continued cohabitation as WIFE and HUSBAND has been rendered impossible; and WHEREAS, the said parties have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties hereto intend this Agreement to be a full, complete, and valid Postnuptial Agreement, providing for the absolute and final settlement of all their respective property rights and all claims for spousal support, alimony pendente lite, alimony, and counsel fees, costs and expenses; NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt whereof is hereby acknowledged, the parties being separately advised and represented by counsel, mutually agree as follows: 1. NO-FA I JT T mVORrF IJNOFR SFrTlON 1101(0) OF THF OOMFSTlr RFI ATIONS rOOF OF PFNNSYT VANTA, HUSBAND and WIFE agree that WIFE, by and through her counsel, will finalize the divorce within thirty (30) days after the date of this Agreement. 2. OA TF OF FXFrT TTTON. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties, if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 2 No. 2004-1289 3, RFAT FSTA TF. The premises which is situated at 1928 Chatham Drive, Camp Hill, Cumberland County, Pennsylvania, is owned by the parties hereto as tenants by the entireties and will henceforth sometimes be referred to as "Residence", The Residence shall henceforth belong solely and exclusively to WIFE alone, Counsel for WIFE will prepare a Deed conveying ownership of the Residence solely into WIFE'S name. HUSBAND will sign the Deed within ten (l0) days after having been requested to do so, The parties hereto acknowledge that the Residence is encumbered by a Line Of Credit with M&T Bank (Account Number 000116006210001). The parties hereto acknowledge that the balance on the Line Of Credit was $42,067,95 as of April 15, 2005. HUSBAND shall assume responsibility for the payment of the Line Of Credit. The parties further agree that neither party has utilized the Line Of Credit since they separated, and neither party will use the Line Of Credit in the future, The parties also acknowledge that there is a life insurance policy on both parties associated with the Line Of Credit. Hence, in the event that one of the parties should die prior to the payment in full of the Line Of Credit, the Line Of Credit will be paid in full. With the exception of the Line Of Credit, WIFE accepts this conveyance under and subject to all obligations associated with the Residence which include taxes, insurances, water, sewer, etc, 4, mTTnOOR WORT n MFMRFRSHTP, The parties hereto acknowledge that they are the joint owners of an Outdoor World Membership. The parties hereto agree that each will use the Membership for a period of six (6) months each year. 3 No, 2004-1289 5, PFRSONAI PROPFRTY. The parties have heretofore divided between themselves all of their marital and non-marital personal property, including vehicles. Each is to retain what personal property he or she has in his or her present possession, Each does hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, he or she may have with respect to any items which are in the possession of the other. 6, PFNSION/RFTIRFMFNT nrSTRTRTJTTON, Each party hereby waives any and all right to claim any interest or share, including death benefits, in the other party's pension plan, retirement plan, profit-sharing plan, 40l(k) plan, life insurance policies, etc, 7. SFPARATF ASSFTS. The parties hereby agree that, as to all assets not specifically mentioned herein, including term and whole life insurance policies, which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, including any claim to death benefits, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 8. AFTFR-ArQI TIRFD 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. 4 No. 2004-1289 9. OIVISION OF SA VlNGS A NO CHF(~KlNG ACCOT TNTS. All savings and checking accounts in the joint names of HUSBAND and WIFE have been closed, and the funds deposited therein withdrawn and divided between the parties heretofore, All savings and checking accounts in the individual names of HUSBAND and WIFE shall remain the separate property of each, independent of any claims or rights of the other. 10. SPOUSAl SUPPORT AT TMONY PFNOFNTF T TTF ANO/OR AT TMONY, The parties hereby represent and warrant to each other that each waives any claim that he or she may have had or will have to alimony, alimony pendente lite, and/or spousal support payments from the other as permitted by Pennsylvania law. II. PAST A NO FI ITT TR F OFRTS. Each of the parties hereto covenants and agrees that he and she have not in the past and will not at any time in the future incur or contract any debt, charge or liability whatsoever for which the other of them, their legal representatives, or their property or estate may become liable; and each of them further covenant at all times to keep the other free, harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as hereinafter provided. The parties further acknowledge that there is no marital debt with the exception of the Line of Credit owed to M&T Bank as set forth in Paragraph 3 hereinabove. 12, RRFACH, If either party hereto breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. 5 No. 2004-1289 13. W AlVFR OF PFNNSYT VANTA mVORC:F C:OOF RIGHTS. All property set apart herein either now or in the future as the separate property of either HUSBAND or WIFE and all property now owned by or titled to HUSBAND or WIFE individually and all property acquired by HUSBAND or WIFE individually at anytime after the execution of this Agreement shall remain the separate property of HUSBAND or WIFE and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania "Divorce Code" and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a valid Agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Pennsylvania Divorce Code. 14. msn OST JR F. Each of the parties hereto agrees that he or she has made a full and complete disclosure to the other of all assets and liabilities whether joint or individual of each party and each party further acknowledges that he or she is satisfied that such complete disclosure has been made, 15. TNC:OMF TAX, The parties hereto acknowledge that they have filed separate income tax returns for 2004, 16, TNC:ORPORATTONTN TTJOGMFNTFOR mVORC:F. In the event either HUSBAND or WIFE at any time hereafter obtains a divorce in the cause presently or hereafter pending between them, this Agreement and all of its provisions may be incorporated for the purposes of enforcement only, but not merged, into any such judgment for divorce, either directly 6 No, 2004-1289 or by reference, The Court on entry of the judgment for divorce shall retain the right to enforce the provisions and the terms of the Agreement. 17. CO] TNSFT FFFS, Each party hereto agrees to be responsible for his or her own legal fees and expenses, 18, PFRSON AT RIGHTS. Each party shall be free from all interference, authority, and control, direct or indirect, by the other, as fully as if he or she were single and unmarried, Neither party shall disturb, malign, or molest the other, or compel or endeavor to compel the other to cohabit or dwell with him or her, or to interfere with the occupation, friendships, society, or acquaintances which either of the parties hereto may choose to have from this day forward. 19. FXFr:llTION OF nOr:llMFNTS. Each party shall, upon the reasonable request of the other party or his or her designees, promptly make, execute and deliver any papers, documents and instruments and perform such acts as may be reasonably necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement and to carry out the intent of the parties as expressed herein. 20, PA RTIAT TNY AT TOTTY. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 2 I. W A IYFR OF EST A TF r:r A [MS. Each party hereby waives, releases, and relinquishes any and all rights that he or she may now have, or hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction, including, but not limited to, the following: (A) To elect or take against any will or codicils of the other party, now or hereafter in force, 7 No. 2004-1289 (B) To share in the other party's estate in the case of intestacy, (C) To act as executor or administrator of the other party's estate. 22. STTT IS. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 23, r'ONSTRT Jr'TION. This Agreement shall not be construed against either party as the party preparing it, it being agreed that both parties have participated fully in the preparation thereof. 24, FNTlRF AGRFFMFNT. 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, 25, R FPR FSFNT A TlON. Each party acknowledges that this Agreement has been entered into freely and voluntarily with full knowledge of the facts and full information as to the legal rights and liabilities of each (having been advised by his or her individual attorney, Sandra Edwards Gray, Esquire, and Pyfer & Reese in the case of HUSBAND, and Gerald 1. Shekletski, Esquire, and Stone, LaFaver & Shekletski in the case of WIFE), and that each hereby certifies that he or she has fully read this Agreement, understands the same and believes the same to be reasonable under the circumstances, 26. RTNnTNG FFFFr'T The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided, 8 No, 2004-1289 27. MODTFWATTON ANn W ATVFR, A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 28. FNFORrFMFNT The parties hereto agree that the provisions of this Agreement may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arIses, 29. PT TRPOSF, This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations or agreements, oral or written of any nature whatsoever, other than those herein contained, The provisions of this Agreement are intended to consider, determine, and distribute all of the assets of the parties hereto as a part of the terms of this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property and rights, This Agreement is not intended to be a mere Separation Agreement. 30, TNTFNTTON. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon the heirs, personal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 9 No. 2004-1289 This Agreement is executed in duplicate, and in counterparts, and WIFE and HUSBAND, as parties hereto, acknowledge the receipt of a duly executed copy hereof, and acknowledge that each copy shall constitute an original. Witnesses: r4 ~~ J:!tlf$o~~ 71/r a~n//:#~ Edward F, Moyer 10 No, 2004-1289 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, th~ ~ day of. ,,::,~ , 2005, before me, a Notary Public, the undersigned officer, personally appeared MARY ELLEN MOYER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that she executed the s;une for the purposes therein contained. IN WITNESS WHEREOF, I have here~ hand and notarial seal. COMMONWEALTH OF PENNSYlV. ~ ~~ NOTARIAL EAL ~ , "- CAROL l. TROXELL, NowlY Public Notary Public New Cumberland Boro. Cumberland Co My Commission Expires Oel:. 27, 2005 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF LANCASTER ' On this, the '\ -\b day o~ , 2005, before me, a Notary Public, the undersigned officer, personally appeared EDWARD F. MOYER, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand an NOTARIAL SEAL ~O.l i_k' LORI A LANDlS. NOTARY PUBlIC Notary Publl'c LANCASTER, LANCASTER COUNTY. PA MY COMMISSION EXPIFIES 0ECD.tBER 12. 2008 11 n r-" 0 C':::Io c.; ,,~::; -11 CJ', C,,,_ :;:! :!.J (;':-.' ["ii r:::: 1"\) ":::1 , ~ -t; "-1 . <:'? ,-~ (}1 ..L,J en -< ...'.-......,......" ~" ^, fl\div\MOYER,MARYELLEN~ordertoincorporate MARY ELLEN MOYER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-1289 EDWARD F. MOYER, Defendant CIVIL ACTION IN DIVORCE ORDER AND NOW, this 2"IJ lLday of \\1\/)( . , 2005, the Postnuptial Agreement between the parties dated June 7, 2005, and attached hereto is hereby incorporated into the Decree in Divorce. BY THE COURT: /} ti- I (' ~~ Vt2 J. 5d/fle/1 ~! wahJ B \ ,'"' \':0\ 9Z ,'XII SU~1. t:o'IL()';Cit.O::.11 Jc\l. :\0 :J)\::UO,(J3l\:\ .. :+: :+: ;t;:!i . . . .. . . . . . . . . IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY . . . . PENNA. STATE OF . . . . MARY ELLEN MOYER, . . No. 2004-1289 PLAINTIFF . . . . VERSUS . . . . . . . . EDWARD F. MOYER, DEFENDANT . . . . . . DECREE IN DIVORCE . + + + + + + + . + + + + + + . + + + + + + . + + . + + + + + . . . . . . . . . . . . . + . . . . . . . . . . . . . . . '. AND NOW, ~~~ 2..fl - ~Cla~ IT IS ORDERED AND MARY ELLEN MOYER , PLAINTIFF, DECREED THAT EDWARD F. MOYER , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; By THE COURT: fv 't ',' ~, DL ATTES Vr4J:- ---- PROTHONOTARY . .. :+::+::+: Of:+: :t:'f. :+::+: :+:'t''I':+: " . . .. :+::t: '+' 'f'f. 'I' :+::+::I::+',. . . . . . . . . . . + . . . . . . . . . . . + . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . . ... I~ __ ~ .;vIe? .)("'1 t?tI - f'J r;fJ' je- t?J ,~i'd' ~##' - ... '''., ""': , - )