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HomeMy WebLinkAbout08-6270KEVIN W. MOFFITT, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION TRACY L. MOFFITT, : NO. Q to a Defendant : IN DIVORCE N O T I C E T O D E F E N D 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 KEVIN W. MOFFITT, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. . : CIVIL ACTION TRACY L. MOFFITT, : NO. Defendant : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 KEVIN W. MOFFITT, Plaintiff VS. TRACY L. MOFFITT, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 0$-- 6)- -7 0 cfJ,1 GSM : IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Kevin W. Moffitt, a citizen of Pennsylvania, residing at 411 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tracy L. Moffitt, a citizen of Pennsylvania, residing at 25 Locust Lane, Plainfield, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui 'u? ris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on September 29, 1990, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT VII Request for Confirmation of Custody Under 3104 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff is Kevin W. Moffitt, residing at 411 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. 26. Defendant is Tracy L. Moffitt, residing at 25 Locust Lane, Plainfield, Cumberland County, Pennsylvania. 27. Plaintiff seeks partial physical custody with liberal visitation and joint legal custody of the following children: Name Present Residence Age Ashley L. Moffitt 25 Locust Lane, Plainfield 17yrs Jay A. Moffitt 25 Locust Lane, Plainfield 13yrs 28. The children were not born out of wedlock. 29. The children are presently in the custody of Defendant who resides at 25 Locust Lane, Plainfield, Cumberland County, Pennsylvania. 30. During the past five years, the children have resided with the following persons at the following addresses: Person Address Defendant 25 Locust Lane Ashley Jay Plaintiff 25 Locust Lane Defendant Ashley Jay Date 8/17/08-present prior 5 years -8/17/08 31. The mother of the children is Defendant, Tracy L. Moffitt who currently resides at 25 Locust Lane, Plainfield, Cumberland County, Pennsylvania. 32. She is married to Plaintiff, Kevin W. Moffitt. 33. The father of the children is Plaintiff, Kevin W. Moffitt who currently resides at 411 Petersburg Road, Carlisle, Cumberland County, Pennsylvania. 34. He is married to Defendant, Tracy L. Moffitt. 35. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with his mother and step-father. 36. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the children of the parties. 37. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 38. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 39. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 40. The best interest and permanent welfare of the children will be served by granting the relief requested. 41. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: NONE. 42. Plaintiff shall have the right to reasonable and liberal visitation with the children. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant partial physical custody and joint legal custody to Plaintiff and that Defendant be granted primary physical custody. Respectfully submitted, DISSINGER and DISSINGER Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Kevin W. Moffitt, 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. §4904 relating to unsworn falsification. 194- 10??- evin W offitt, Plaintiff KEVIN W. MOFFITT, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION TRACY L. MOFFITT, : NO. Q?-- ( ?- 70 C tv- I ??^^ Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Annette M. Walmer, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for the Defendant, by First Class United States Mail addressed as follows: Stephanie Chertok, Esq. 61 W. Louther Street Carlisle PA 17013 Date: -7 Annette M. Wal er Legal Secretary t 9?- Q O 111 „ ? ` ? ? l MY P n VN i ? c., KEVIN W. MOFFITT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6270 CIVIL ACTION LAW TRACY L. MOFFITT IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 05, 2008 a for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Hubert X. Gilroy, Es T Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT WHERE YOU CAN GGOL O OR TELEPHONE THE OFFICE SET HAVE AN ATTORNEY OR CANNOT FORTH BELOW TO FIND O Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VI Vf IAS,1JN]d o :I Wd 0£ 130 900Z 31141 JO 3?-p0H-'C',-- 3 JJ U KEVIN W. MOFFITT, Plaintiff *.s. TRACY L. MOtFITT, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION NO. 0- Ud70 : IN DIVORCE ACCEPTANCE OF SERVICE / ENTRY OF APPEARANCE I, Stephanie Chertok, Esq., hereby enter my appearance on behalf of the Defendant, Tracy L. Moffitt, and accept service of the Consolidated Complaint in Divorce, which was delivered to me on 2008. S*ea ertok, sq. Attorney for Defendant Supreme Court ID # 61 W. Louther Street Carlisle, PA 17013 C'? ? ? ?=_` ? 1 -;?...+ , .. ' ' - .. ; y- ?? CJ'! ? ?? ? STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID #: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Defendant ANDREW J. BENDER, ESQUIRE PA Supreme Court ID#: 205763 61 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KEVIN W. MOFFITT, Plaintiff VS. TRACY L. MOFFITT, Defendant CIVIL ACTION NO. 08-6270 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant, Tracy L. Moffitt, by and through her counsel of record, Stephanie E. Chertok, Esquire, respectfully moves the Court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property (X) Distribution of Debt (X) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: 1. Discovery is not complete as to the claim for which appointment of a master is requested. 2. The non-moving party has appeared in the action by his attorney, Mary Dissinger, Esquire. 3. The statutory grounds for divorce are §§ 3301(a)(2), 3301(a)(6), 3301(c), and 3301(d). 4. The action is contested with respect to the following claims: a. Divorce; b. Alimony; c. Alimony Pendente Lite; d. Distribution of Property; e. Distribution of Debt; f. Support; g. Counsel Fees; and h. Costs and Expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one full day. 7. Defendant has not concurred with this motion. 8. No additional information relevant to the motion exists. Date: 3/a/0 tf-I Ste anie . Chertok, Esquire Counsel for Defendant PA Supreme Court ID #: 52651 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 VERIFICATION I, Tracy L. Moffitt, verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. § 4904 related to unworn falsification. Date: racy L. Moffitt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KEVIN W. MOFFITT, Plaintiff VS. TRACY L. MOFFITT, Defendant : CIVIL ACTION : NO. 08-6270 IN DIVORCE CERTIFICATE OF SERVICE Pursuant to Pa.R.C.P. 440, the undersigned does hereby verify that a true and correct copy of the within Motion for Appointment with Master was served on this, day of, -)t,2009, on the following by forwarding the same via first class mail: Original to: Curtis R. Long, Prothonotary 1 Courthouse Sq. Suite 100 Carlisle, PA 17013 Copy to: Mary A. Etter Dissinger, Esquire 28 North 32nd St. Camp Hill, Pa 17011 ephanie . Chertok, Esquire Attorney for Defendant PA Supreme Court ID #: 52651 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 lry3 r..? t _ ?- q J w? 6 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID #: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attnrne.vc fnr Defendant ANDREW J. BENDER, ESQUIRE PA Supreme Court ID#: 205763 61 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KEVIN W. MOFFITT, CIVIL ACTION Plaintiff : NO. 08-6270 VS. TRACY L. MOFFITT, Defendant 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 Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counsellors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 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 County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 OR 800) 990-9108 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID #: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Defendant ANDREW J. BENDER, ESQUIRE PA Supreme Court ID#: 205763 61 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KEVIN W. MOFFITT, Plaintiff VS. TRACY L. MOFFITT, Defendant : CIVIL ACTION NO. 08-6270 : IN DIVORCE DEFENDANT, TRACY L. MOFFITT'S, ANSWER TO DIVORCE COMPLAINT AND COUNTERCLAIM 1. ANSWER TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Neither admitted nor denied. By way of further answer, this paragraph is a conclusion of law to which no answer is required nor made. 6. Admitted. 7. Admitted. 8. Neither admitted nor denied. By way of further answer, Defendant has no knowledge whether Plaintiff has been advised of the availability of counselling. COUNTI 9. Paragraphs 1 through 8 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 10. Denied. 11. Admitted. 12. Neither admitted nor denied. By way of further answer, Defendant has no knowledge whether Plaintiff has been advised of the availability of counselling. COUNT II 13. Paragraphs 1 through 12 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 14. Neither admitted nor denied. By way of further answer, this paragraph is a conclusion of law conclusion to which no answer is required nor made. 15. Neither admitted nor denied. By way of further answer, Defendant has no specific knowledge regarding Plaintiff's intentions to file an affidavit consenting to the entry of a divorce decree. 16. Neither admitted nor denied. By way of further answer, Defendant has no knowledge whether Plaintiff has been advised of the availability of counselling. COUNT III 17. Paragraphs 1 through 16 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 18. Neither admitted nor denied. By way of further answer, this paragraph is a conclusion of law conclusion to which no answer is required nor made. 19. Neither admitted nor denied. By way of further answer, Defendant has no specific knowledge regarding Plaintiff s intention to file an affidavit of having lived separate and apart after a period of two (2) years has elapsed from the date of separation. 20. Neither admitted nor denied. By way of further answer, Defendant has no knowledge whether Plaintiff has been advised of the availability of counselling. COUNT IV 21. Paragraphs 1 through 20 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 22. Admitted. 23. Admitted. COUNT VII (sic) 24. Paragraphs 1 through 23 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 25. Admitted. 26. Admitted. 27. Neither admitted nor denied. By way of further answer, this paragraph is a prayer for relief to which no answer is required nor made. 28. Admitted. 29. Admitted. 30. Admitted. 31. Admitted. 32. Admitted. 33. Admitted. 34. Admitted. 35. Admitted. 36. Admitted. 37. Admitted. 38. Admitted. 39. Admitted. 40. Denied. 41. Admitted. 42. This paragraph is a prayer for relief to which no answer is required nor made. II. COUNTERCLAIM COUNT I - REQUEST FOR DIVORCE PURSUANT TO & 3301(a)(2) OF THE DIVORCE CODE 43. Paragraphs 1 through 42 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as if set forth in full. 44. Defendant avers that Plaintiff, in violation of his marriage vows and the laws of the Commonwealth of Pennsylvania, has committed adultery. 45. Defendant is the innocent and injured spouse. WHEREFORE, Defendant, Tracy L. Moffitt, respectfully requests this honorable Court to enter a Decree of Divorce pursuant to § 3301(a)(2) of the Divorce Code. COUNT II - REQUEST FOR DIVORCE PURSUANT TO & 3301(a)(6) OF THE DIVORCE CODE 46. Paragraphs 1 through 45 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 47. Plaintiff has offered such indignities to the Defendant as to render Defendant's condition intolerable and life burdensome within the meaning of § 3301(a)(6) of the Divorce Code. 48. Defendant is the innocent and injured spouse. WHEREFORE, Defendant, Tracy L. Moffitt, respectfully requests this honorable Court to enter a Decree of Divorce pursuant to § 3301(a)(6) of the Divorce Code. COUNT III - EQUITABLE DISTRIBUTION 49. Paragraphs 1 through 48 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 50. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage until the date of separation, all of which property is "marital property" within the meaning of the Divorce Code. 51. Plaintiff and Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" within the meaning of the Divorce Code, which has increased in value since the date of the marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property" within the meaning of the Divorce Code. 52. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of filing of the Divorce Complaint. 53. Substantial portions of said property are in the exclusive possession and control of Plaintiff. WHEREFORE, Defendant, Tracy L. Moffitt, respectfully requests this honorable Court to enter an order of equitable distribution of marital property pursuant to §§ 3104, 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV - SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY PURSUANT TO && 3701 and 3702 OF THE DIVORCE CODE 54. Paragraphs 1 through 53 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 55. Defendant is unable to sustain herself during the course of this litigation. 56. Defendant lacks sufficient property to provide for her reasonable needs, and is unable to sustain herself and provide for her reasonable needs through appropriate employment. 57. Defendant lacks, and will lack in the future, sufficient income and property to provide for her support. 58. Defendant requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. 59. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to §§ 3701 and 3702 of the Divorce Code. WHEREFORE, Defendant, Tracy L. Moffitt, respectfully requests this honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor pursuant to §§ 3701 and 3702 of the Divorce Code. COUNT V - COUNSEL FEES, COSTS AND EXPENSES 60. Paragraphs 1 through 59 of this Answer to Divorce Complaint and Counterclaim are incorporated herein by reference as though set forth in full. 61. Defendant has employed Stephanie E. Chertok, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 62. Throughout the course of this litigation, Defendant may find it necessary to employ the services of certain professionals such as, accountant, business appraisers, real estate appraisers and other experts, and does not have the funds necessary to pay the necessary and reasonable fees. WHEREFORE, Defendant, Tracy L. Moffitt, respectfully requests this honorable Court to 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 is deemed appropriate. Respectfully submitted, /Stepfianie E. Chertok, Esquire Attorney for Defendant PA Supreme Court ID #: 52651 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 VERIFICATION I, Tracy L. Moffitt, verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. § 4904 related to unworn falsification. Date: o?J aU0 J ?'- Tracy .Moffitt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KEVIN W. MOFFITT, CIVIL ACTION Plaintiff NO. 08-6270 vs. TRACY L. MOFFITT, Defendant IN DIVORCE CERTIFICATE OF SERVICE Pursuant to Pa.R.C.P. 440, the undersigned does hereby verify that a true and correct copy of the within Answer and Counterclaim was served on this, a day of, , 2009, on the following by forwarding the same via first class mail: Original to: Curtis R. Long, Prothonotary 1 Courthouse Sq. Suite 100 Carlisle, PA 17013 Co to: Mary A. Etter Dissinger, Esquire 28 North 32nd St. Camp Hill, Pa 17011 S ephanie E. Chertok, Esquire Attorney for Defendant PA Supreme Court ID #: 52651 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 k P 3t- ? w ON w U? O n a ., e c cz? 11MIR 0 31 Nag 67 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID #: 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Defendant ANDREW J. BENDER, ESQUIRE PA Supreme Court ID#: 205763 61 West Louther Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KEVIN W. MOFFITT, CIVIL ACTION Plaintiff NO. 08-6270 VS. : TRACY L. MOFFITT, Defendant IN DIVORCE ORDER AND NOW, this day of "'W OA d?- , 2009, upon consideration of the attached Motion for Appointment of Master, filed on behalf of the Defendant, Tracy L. Moffitt, and after notice to Plaintiff, Kevin W. Moffitt, it is hereby ORDERED AND DECREED that, said Motion is GRANTED. Jt' ? C -GQ' Q `?zo.Q IT IS FURTHER ORDERED AND DECREED that the Master is appointed with respect to the following issues: Divorce Alimony Alimony Pendente Lite; Costs and Expenses Distribution of Property Distribution of Debt Counsel Fees Support BY ? 1 G ?. N - 1 cc Q6 KEVIN W. MOFFITT, Plaintiff VS. TRACY L. MOFFITT, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 6270 CIVIL IN DIVORCE TO: Mary A. Etter Dissinger , Attorney for Plaintiff Stephanie E. Chertok , Attorney for Defendant DATE: Tuesday, March 10, 2009 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. See Attachment *A" attached hereto and made a part hereof. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. See Attachment "B" attached hereto and made part hereof. M"I Qq , ?Ooq DATE CO SEL FOR PLAINTIFF ( ) Co-COUNSEL FOR DEFENDANT (x ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ATTACHMENT "A" The additional discovery required to prepare the case for trial, and is not to date complete, is as follows: A. Information relating to Plaintiff's interest in any retirement/pension benefits from the Central Pennsylvania Teamsters Pension Fund, including documentation indicating the value of said benefits from August 17, 2008 through the present; B. Copies of Plaintiffs federal, state and local income tax returns for tax years 2008 through 2004; C. A list of any property Plaintiff claims as non-marital; and D. A list of potential witnesses Plaintiff may call regarding his allegation of fault grounds for divorce, and a brief summary of the witness's testimony. 2. There are no outstanding interrogatories or discovery motions. ATTACHMENT "B" The undersigned estimates that discovery will be completed within ninety (90) days. 2. Counsel for the parties have engaged in informal discovery thus far, and no interrogatories or requests for production of documents have to date been served. 3. The undersigned anticipates that the parties will continue to engage in informal discovery in order to complete discovery in this matter. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW KEVIN W. MOFFITT, Plaintiff : NO. 08-6270 VS. TRACY L. MOFFITT, Defendant : CIVIL ACTION IN DIVORCE CERTIFICATE OF SERVICE Pursuant to Pa.R.C.P. 440, the undersigned does hereby verify that a true and correct copy of the within Answer and Counterclaim was served on this 24th day of March, 2009, on the following: Original to Via Hand Delivery: Curtis R. Long, Prothonotary 1 Courthouse Sq. Suite 100 Carlisle, PA 17013 Copy to Via Hand Delivery: Master E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Copy to Via First Class Mail: Mary A. Etter Dissinger, Esquire 28 North 32nd Street Camp Hill, PA 17011 Andrew J. Bender, Esquire Co-Counsel for Defendant PA Supreme Court ID #: 205763 61 W. Louther St. Carlisle, PA 17013 (717) 249-1177 r? ,.,? ,?-.- ?:: _ ?-: ? } -.? i .? w:'.. ?!,i ia?. +„".? '?- V ._ ? ? ?yy !ti --' yyy?y ..??• MAY 0 6 2008 KEVIN W. MOFFITT, Plaintiff VS. TRACY L. MOFFITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008 - 6270 IN CUSTODY ORDER AND NOW, this 5' day of May, 2009, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. - C/??/ J? y, Esquire Hubert X. GZiliator Custody Co Fi,FILES\CGents\12321 Custody Conciliations\2009\12321. LMofGttt v Moffitt reling jurisd 2008.6270wpd FILED-u1=;=iCE OF THE PrITI-10NOTARY 2009 MAY -7 Aid I0: 4 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN W. MOFFITT, Plaintiff V. TRACY L. MOFFITT, Defendant CIVIL ACTION - LAW NO. 08-6270 C-) CU fTP IN DIVORCE ? 5, -j P PROPERTY SETTLEMENT AGREEMENT "Y} THIS AGREEMENT, made this 154k day of Ar- A 2011, by and between KEVIN W. MOFFITT, Plaintiff, hereinafter referred to as "Husband", and TRACY L. MOFFITT, Defendant, hereinafter referred to as "Wife; WITNESSETH: WHEREAS, the parties hereto are Husband and Wife having been lawfully married on September 29, 1990, in Cumberland County, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in t`J -ft consequence of which they have decided to live separate and apart from each other; and WHEREAS, Husband has instituted an action for divorce under §§ 3301(a)(6), (c) and (d) of the Divorce Code, which is filed in the Court of Common Pleas of Cumberland County, Pennsylvania at number 08-6270; and WHEREAS, Wife has filed a Counterclaim under §§ 3301(a)(2) and (a)(6) of the Divorce Code; and WHEREAS, Husband and Wife desire to settle and determine their rights -ti F, .Ma and obligations, including the settling of their property rights and other rights and the parties that this item may still be located at the marital residence, but has not been found as of the time of the signing of this Agreement. In the event that Wife is able to locate this item she shall make suitable arrangements to transfer the item to Husband; 11. The wooden gun cabinet. It is specifically understood and agreed by the parties that this item is still located at the marital residence as of the time of the signing of this Agreement. If Husband desires to retain this item of personal property, Husband shall make suitable arrangements with Wife for transfer of the wooden gun cabinet within thirty (30) days of the signing of this Agreement. If Husband fails to make arrangements for transfer of this item within thirty (30) days, Wife shall assume that Husband does not desire to retain this item, and the item shall thereafter remain Wife's sole and separate property; and 12. Any and all items of personal property which are currently in Husband's possession and are not specifically referenced in this Agreement. B. The parties further agree that Wife shall retain the following items of personal property, shall pay any and all costs associated therewith and shall indemnify and hold Husband harmless from any and all liability associated therewith: 1. Wife's 1998 Dodge Durango; 2. The eight (8) foot Olhausen Billiards Table; 3. The gun safe; 4. The green and white ceramic Christmas tree purchased at Husband's aunt's sale; and 5. Any and all items of personal property which are currently in Wife's possession and are not specifically referenced in this Agreement. C. The parties further agree that Wife shall retain the following items of personal property until such time as the parties' daughter, Ashley Moffitt, moves from the marital 3 residence into her own separate housing. At such time as Ashley Moffitt moves from the marital residence, the items of personal property listed in this sub-paragraph shall become Ashley Moffitt's sole property. In the event that Ashley Moffitt does not desire to take possession of these items, the items shall be given to Husband's mother, Mary Houston: 1. The oak expandable table with six (6) chairs given to the parties during the marriage by Mary Houston; and 2. The pine hutch given to the parties during the marriage by Mary Houston. D. The parties shall sign any and all documentation necessary to register or insure a vehicle, trailer or other item of personal property in his or her name as sole owner. III. BANK ACCOUNTS, STOCKS, AND INVESTMENTS A. Husband and Wife agree that each shall retain as his or her sole and separate property free from any and all right, title, claim or interest of the other any and all stocks, bonds, investments, sums of cash, savings accounts, checking accounts, mutual funds, stock accounts, or any other asset of a similar nature not previously described herein, and any other asset of a similar nature which is not specifically addressed elsewhere in this agreement, which is titled in his or her individual name or is currently in his or her individual possession; B. Each party agrees that neither shall access the others' financial accounts in any manner, whether electronically or by other means; and C. The parties acknowledge and agree that they do not currently have any open joint financial accounts, and that all joint financial accounts previously owned by the parties have been distributed to their mutual satisfaction. IV. REAL ESTATE A. The parties acknowledge and agree that they are joint owners of real property located at 25 Locust Lane, Plainfield, Cumberland County, Pennsylvania, hereinafter referred to as the "marital residence," and real property located at Lot 9, Warrant 3171, Jenks Township, Forest County, hereinafter referred to as the "cabin"; 4 B. The marital residence shall be distributed outright to Wife and shall become her sole and separate property; C. The cabin shall be distributed outright to Husband and shall become his sole and separate property; D. Wife shall refinance or otherwise remove Husband's name from any and all mortgages or home equity loans currently encumbering the marital residence, and Husband shall execute a deed conveying all of his right, title and interest in the marital residence to Wife. Said deed shall be held in escrow by counsel for Husband and shall promptly be delivered to counsel for Wife upon Wife providing satisfactory proof of the refinancing or removal of Husband's name from any loans currently encumbering the property; E. Wife shall execute a deed conveying all of her right, title and interest in the cabin to Husband. Said deed shall be prepared by counsel for Husband and shall, upon proper request submitted to counsel for Wife, be executed by Wife and delivered to counsel for Husband following the execution of this Property Settlement Agreement. Husband shall indemnify and hold Wife harmless from any and all liability whatsoever which is now or in the future associated with the cabin; and F. Husband and Wife shall each execute any and all documents necessary to carry out the division of the real property referenced in this Paragraph. V. PENSION/RETIREMENT Each party shall retain his or her own pension and/or retirement accounts. The parties agree that they will sign any documentation necessary to release and extinguish any interest that they might have in the other's account(s). VI. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND POST-DIVORCE ALIMONY Husband and Wife each waive their present and future rights to spousal support, alimony pendente lite or post-divorce alimony. 5 IX. EQUITABLE DISTRIBUTION This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of their property conforms with the rights of each party. Each party hereby acknowledges that this Agreement adequately provides for his or her needs and is in his or her best interest, and that the Agreement is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons. Both parties hereby waive the following procedural rights pursuant to the Pennsylvania Divorce Code and the Pennsylvania Rules of Civil Procedure: A. the right to obtain an inventory and appraisement of all marital and separate property; B. the right to obtain an income and expense statement of the other party; C. the right to have the court determine which property is marital and non- marital, and equitably distribute between the parties that property which the court determines to be marital; and D. the right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. X. MUTUAL RELEASE Husband and Wife each relinquish any right in the estate of the other, including, any right to take under the duly executed Will of the other and any right to take under the Intestacy laws of this or any other jurisdictions. Further, the parties have been advised by their respective legal representatives, concerning all of their rights under the Pennsylvania Divorce Code. XI. LIFE INSURANCE Husband and Wife hereby specifically release and waive any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other including cash surrender value, if any, and specifically waive any beneficiary designations made thereunder. 7 XII. MISCELLANEOUS Upon the execution of this agreement, any and all property not specifically addressed herein shall be deemed to be owned by the party to whom the property is titled, and if untitled, the party in possession thereof. XIII. TAX ADVICE Husband and Wife hereby acknowledge and agree that they have had the opportunity to obtain their own accountants, certified public accountants, tax advisors or tax attorneys with regard to the tax implications in this agreement. Husband and Wife acknowledge and agree that neither has been given any tax advice whatsoever by their respective attorneys. Both parties hereby acknowledge that they have been advised by their respective attorneys to seek their own independent tax advice regarding this agreement. XIV. BREACH If either party breaches any provision of this Agreement the other party shall have the right to sue for damages for such breach, and to seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other for enforcing his or her rights under this Agreement or seeking such other remedy or relief that may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar or other breach. XV. FULL DISCLOSURE Husband and Wife each represent and warrant to the other that he or she has had an opportunity to obtain full and complete disclosure from the other of all assets of any nature whatsoever in which such party has an interest, as well as all sources and amounts of the other party's income. XVI. DIVORCE The parties hereby acknowledge that Husband has initiated a Divorce Action in the Court of Common Pleas of Cumberland County, Pennsylvania filed at number 08- 6270, which includes counts for divorce under the no fault provisions of the Divorce Code. It is the intention of the parties, and the parties hereby agree, that they have resolved all ancillary economic issues related to their Divorce. The parties agree that following the execution of this agreement they shall each sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to Counsel for Husband, who shall promptly submit said Affidavits and Waivers to the Court along with a Praecipe to Transmit Record, Divorce Information Sheet and any and all documents necessary to precipitate the entry of a Divorce Decree. XVII. REPRESENTATION OF PARTIES BY COUNSEL Each party has had the opportunity to have legal counsel to represent them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Specifically, Husband has been represented by P. Richard Wagner, Esquire of Mancke, Wagner & Spreha, and Wife has been represented by Andrew J. Bender, Esquire of Allied Attorneys of Central Pennsylvania, L.L.C. Each party has carefully read this Agreement, has had the opportunity to discuss this Agreement with their counsel and is completely aware of its contents and its legal ramifications. XVIII. DATE OF EXECUTION The date of execution of this agreement shall be defined as the date upon which the parties sign the agreement, if they do so on the same date, or if not on the same date, then the date on which the agreement is signed by the last party to execute this agreement. XIX. EFFECTIVE DATE This agreement shall become effective and binding upon the parties on the execution date. 9 XX. EFFECT OF RECONCILIATION, CO-HABITATION OR DIVORCE This agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, co-habit as Husband and Wife or attempt to effect reconciliation. XXI. ENTIRE AGREEMENT Husband and Wife each acknowledge that he or she has carefully read this agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference, that he or she has discussed its provisions with an attorney of his or her own choosing, and has voluntarily executed this agreement in reliance upon his or her own attorney, and that this instrument expresses the entire agreement between the parties concerning the subjects it covers, and that this agreement supersedes any and all prior agreements between the parties. XXII. ADDITIONAL INSTRUMENTS Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any act that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with the provisions, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. XXIII. MODIFICATION AND WAIVER Modification or waiver of any provision 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. 10 XXIV. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. XXV. SUCCESSORS AND ASSIGNS This Agreement, except as otherwise expressly provided herein, shall be binding and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. XXVI. GOVERNING LAW This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. XXVII. INCORPORATION IN DIVORCE DECREE WITHOUT MERGER With the approval of any Court of competent jurisdiction in which any divorce proceeding may now be pending or which hereafter may be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event that court shall fail or decline to incorporate this Agreement or any provisions thereof in said decree, then and in that event the parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all the provisions thereof. It is further agreed that regardless of whether said Agreement or any part thereof is incorporated in any such decree, the same shall not be merged in said decree, but said Agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound, the parties hereto have set their hands and seals the day and year first above written: 11 DATE: DATE: DATE: 6 DATE: 6y 16;-111 KEVIN W. MOF I , Plaintiff ARD WAGNER, ESQUIRE for Plaintiff T Y r MOFFITT, Defendant - 6?4-? - ANDREW J. B DER, ESQUIRE Counsel for Defendant 12 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF 4 On this, the / r day of 4 /9,1 /' L , 2011, before me the undersigned officer personally appeared, KEVIN W. MOFFITT, known to me or satisfactorily proven to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. KEVIN W. M ITT IN WITNESS WHEREOF, I hereunder set my hand and seal this /,.I day of 2011. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Debra K. Spinner, Notary public City Of Harrisburg, Dauphin County W Commission Expires Sept. 3, 2011 Member, Pennsylvania Assoriation of Notaries 13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the day of /' i , 2011, before me the undersigned officer personally appeared, TRACY L. MOFFITT, known to me or satisfactorily proven to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. T CY L. MOFFITT IN WITNESS WHEREOF, I hereunder set my hand and seal this _ r> day of &Irl 2011. otary ublic NOTARIAL SEAL STEPHANIE E CHERTOK, Notary Publa Carlisle Boro, Cumberland County My Commission E>q*61 Mach A 2MA 14 KEVIN W. MOFFITT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL DIVISION TRACY L. MOFFITT NO. 2008-6270 CIVIC. TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divF decree: rrn ors rn C- =C: -Tj rn- 1. Ground for divorce: 'o C:) Irretrievable breakdown under § (3301(c)) and t-= § (3301(dx 1)) of the Divorce Code. C- ? _ (Strike out inapplicable section.) q c-:w .. 2. Date and manner of service of the complaint: ` a.* Acceptance of Service 10/23/2008 ?-a 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 05/12/2011 ; by defendant 05/02/2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: 05/18/2011 Date defendant's Waiver of Notice was filed with the Prothonotary: 05/11/2011 KEVIN W. MOFFITT V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACY L. MOFFITT NO. 2008-6270 CIVIL TERM DIVORCE DECREE 7 it is ordered and decreed that AND NOW, VUA KEVIN W. MOFFITT , plaintiff, and TRACY L. MOFFITT , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, Attest: J. rothonotary ?a1lei * W&5oder' . ? • Cyr- f ? oyy ?? ? ? ?iyed ?' den do,h i: e # ivy