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HomeMy WebLinkAbout02-0658GUY E. MONGER, m~ Plaintiff VS. JENNIFER E. MONGER, Defendant : IN THE COURT OF COMMON PI.RAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · No. - : CIVIL ACTION- LAW : IN DIVORCE N~Th'~, T~ I)~i~T,,NT~ AN-T~ I'~T,ATM' RT~ You ~ve b~ ~ ~ ~. ~ you ~ to def~d ~ ~e cl~ ~ fo~ ~ ~e fo~o~ p~ you m~ ~e prompt ~on. You ~e w~ ~ ~you ~ to do ~, ~e ~ ~y pro~ ~out yo~ ~ a d~ of ~vor~ or ~t ~y ~ ~ ~ you by ~e ~. A jud~t ~y ~ ~ ~ ag~ you for ~y o~ claim or ~ue~ ~ ~e~ p~ by ~e P~ You my lo~ mon~ or pro~ or o~ fi~ts ~ to yo~ ~clu~ ~y or ~fion ofyo~ c~. ~ ~e ~o~d for ~e ~vor~ ~ ~fi~ or ~ehi~le br~do~ of~e ~e, you ~y r~ue~ ~e ~g. A ~ of~e ~o~ ~ av~le ~ ~e ~ of~e ~o~ono~ at ~e C~l~d Co~ Co~ou~, C~e, P~lv~. · YOU DO NOT ~,R A ~ FOR ~O~, D~SION OF PROP~, LA~'S ~S, OR ~SES B~O~ A D~ORCE OR ~ IS YOU ~Y LOSE ~ ~G~ TO CL~ ~ OF ~. YOU S~O~,D T~ ~n p~ TO YO~ ~R AT ON~. ~ YOU ~ NOT ~ A ~R OR C~OT ~O~ O~, ~ TO OR ~P~O~ ~ O~ SET FOR~ B~W TO ~ O~ W~ YOU C~ GET I,EG~ ~. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 GUY E. MONGER, In, Plaintiff VS. JENNIFER E. MONGER, Defendant · IN THE COURT OF COMMON Pl J~.AS OF · CUMBERLAND COUNTY, PENNSYLVANIA 0or · CIVIL ACTION- LAW · IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) The Plaintifl~ Guy E. Monger, 1~ through his attorneys, The Law Offices of Patrick F. l_~er, Jr., makes the following Complaint in Divorce and, in support thereot~ avers as follows: 1. The Plaintiff; Guy E. Monger, I~ is an adult individual who currently resides at 259 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013· 2. The Def~ Jennifer E. Monger, is an adult individual who currently resides at 259 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013· 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. Cf~IINT l - 4. Parasraphs one through three are incorporated herein by reference. 5. The Plaintiffand the Defendant were married on May 29, 1998 in Reno, Nevada. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaint~ may have the fight to request that the court require the parties to participate in counseling. 9. This action is not collusive. 10. There are no children to this marriage. COIINT II - I~,QITrrARI,E l~l.~Tl~ll~llTlflN 1 1. The prior paragraphs of this Complai~ are incorporated herein by reference thereto. 12. Plaintiff requests the Court to equitably divide, distribute, or assign the marital properVj between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevam factors. WHERF, FORE, the Plainfi~ Guy E. Monger, IH, respectfully requests this Honorable Court to enter a decree of divorce in this matter;, and the Plaintiff further requests the Court to incorporate any Stipnl_a_fion~$4greement reached by the parties regarding the division of marital property into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. Date: ReSl:~'t~y submitted, Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsyl~ 17011-4706 II~ 84745 Tel. (717) 763-1800 GUY E. MONGER, m~ Plaint~ VS. JENNIFER E. MONGER, Defendant : IN THE COURT OF COMMON P!.F. AS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :No. : : CIVIL ACTION- LAW : IN DIVORCE Vli2,Rll~IfTA TIf~N I veri~ that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to un~qwom falsification to authorities. Guy Ffl~ger, IH /~ PATRICK F. LAUER, JR. Attorney at Law 2108 Market Sueet Aztec Building Camp Hill, PA 17011 (717) 763-1800 GUY E. MONGER, m, Plaintiff VS. JENNIFER E. MONGEI~ Defendant : IN THE COURT OF COMMON P!.RAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-658 : : CIVIL ACTION- LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT I]'~FiI~.R ~'I~,f'TFIf~N 3301 f~,~ ~1~ TI:II?. DI~I'~Rf'~. 1. A compln~nt in divorce under Section 3301(c) of the Divorce Code w~ ~led on Febm~ 7, 2002. 2. The marriage of the Plainfi~ and the Defendant is irretrievably broken and ninety days bare elapsed ~om the date of filing and service of the Complaint. 1 / 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 verify that the statements made in this affidavit are true and correct. I understand that t~lse statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unshorn faifification to authorities. Date: Signature: GUY E. MONGER, Ill, Plaintiff VS. JENNIFER E. MONGER, Defendant : IN THE COURT OF COMMON pI.RAS OF : CUMBERLAND COUNTY, PENNSYLVANI~ : No. 02-658 : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 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, lawyers lees, or expenses ifI 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 Courtland that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this aff~davit are hue and correct. I understand that ~alse statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 rdating to unsWom falsification to authorities. Signature: GUY E. MONGER, 1]I, Plaintiff VS. JENNIFER E. MONGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-658 : CIVIL ACTION- LAW : IN DIVORCE NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN TH/S AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 7, 2002, and have continued to live separate and apart for a period of at least two years, 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. § 4904 relating to unswom falsification to authorities. GUY E. MONGER, III, Plaintiff JENNIFER E. MONGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-658 CIVIL TERM : IN DIVORCE COUNTER AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): __ (a) I do not oppose the entry of a divorce decree. v/ (b) I oppose the entry of a divorce decree because (Check either (i), (iO, or both) __ (i) The parties to the action have not lived separate an apart for a period of at least two (2) years. not irretrievably broken. __ (ii) The marriage is ~¢qxC~d.~] ~ Q~]31~-)) Check either (a) or (b): __ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if t do not claim them before a divorce is granted. __ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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 falsifications to authorities. JENNIFER E. MO14~R, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER AFFIDAVIT. GUY E. MONGER, m, Plaintiff VS. JENNIFER E. MONGER, Defendant llq THF. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-658 CIVIL ACTION - LAW IN DIVORCE 2002. DEFENDANT'S AFFIDAVrY OF CONSENT IINBEIi qECTION ~01 (c) OF TI:II~ D1VOlit'~IE, CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 7, 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed fi.om the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce atter service of notice of intention to request entxy of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Signature: Jem~er 1~ Monger GUY E. MONGER, III, Plaintiff JENNIFER E. MONGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-658 IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST 'I'HE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. JENNIFEKr'E. MOb~ER, Defendant~-) AGREEMENT This Agreement entered into the day and year hereinafter set forth, by and between GUY E. MONGER, III, of the Commonwealth of Virginia, hereinafter referred to as "Husband," AND JENNIFER E. MONGER, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "W/f e," WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on May 29, 1998, in Reno, Nevada. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial fights ~nd obligations as between each other, and to finally and for all time to settle and determine theJ[r respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant With and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly --Page I of 13-- conversant with and know accurately the size, degree, and extent of the estate and income of Wife; and NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: _Advise of Counsel: The provisions of this Agreemenll and their legal effect have been fully explained to the parties by their respective counsel, Bradley L. Griffie, Esquire, for Wife and Marlin Markley, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel of their own selection and that they fully understand the facts and have been fully informed as to their legal fights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, of other unfair dealing on the part of the other, or on the part of the other's counsel. Assets' The parties acknowledge that there are no marital assets to distribute in this case other than two vehicles, hereinafter identified. Neither pan'), will make any claim of any nature to any real or personal property, tangible or intangible, in the --Page 2 of 13-- other parties' possession other than for the distribution of the vehicles as hereinafter stated. _Debts: The parties acknowledge that any debts that exist, exist in the parties' individual names and are otherwise being resolved through payment by that party or through bankruptcy proceedings. Neither party shztll make any claim or request of any nature whatsoever against the other relative to debts that they have retained. Each party will indemnify the other relative to each and every debt in parties' name and protect the other party from any demands for payment or collection activity on account of said debts. Vehicles: "The parties acknowledge that they had as certain 1978 Ford truck, VIN# F14SEAJ5646, which is presently in the possession .of a third party. Husband shall execute any and all documents necessary to transfer the title of the aforesaid vehicle to Wife so that she can resolve the ownership of the vehicle with the third party who presently has possession of that vehicle in such a manner to extinguish the encumbrance or lien that the third party has against the vehicle, iHusband shall execute said title documents within fifteen (15) days of the date of this agreement and provide said documents to Wife after the title and sales tax documents have been notarized." The parties acknowledge that Wife has and shall ret~tin a 1994 Ford Taurus, VAN# 1FAFP53LL1XA249421 as her sole and exclusive possession. Wife's counsel shall provide Husband's counsel with a Limited Power of Attorney for purposes of allowing Wife to execute Husband's name to convey his interest in that vehicle to a third party purchaser for value, to gift the vehicle, or to place the vehicle into her individual name for her sole use. Husband shall execute said Limited Power of --Page 3 of 13-- Attorney within fifteen (15) days of receipt. From the date of execution of this Agreement forward, Husband shall not make any. claim of any nature whatsoever relative to any interest in the aforesaid vehicle. The parties further acknowledge that the lien on the aforesaid vehicle is being paid by Wife through bankruptcy proceedings that she initiated in this matter. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. ~: 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. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rags, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband[ shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby --Page 4 of 13-- specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. ° Marital Debt: Each party hereby confirms that they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. Bank Accounts: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all fight, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. 10. ..A[ter-AcquiredPersonalProper_tv: Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, all items of personal property, tangible or intangible, 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. I1. Reciprocal Waivers of Pension Interestv: Husband and Wife agree to waive any and all right, title, or interest in the other party's Individual Retirement Account(s), Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans. --Page 5 of 13-- 12. 13. a.) ?arrant~ as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. $pousal Support, .~limonv, ~tlimonF Pendente Lite, and Spousal Maintenanc~ : Husband hereby waives any fight or claims of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b.) Wife hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 14. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, 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 o:[' such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any pan: thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, --Page 6 of 13-- or the fight to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as 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 ten'itory of the United States, or (c) any other country, or any rights which either party :may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising: as a result of the marital relation or otherwise, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 15. Divorce: Husband has commenced an action for di[voree against Wife pursuant to §3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce docketed to No. 2002-658 Civil Term, in the Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall, at the time of execution of this Agreement, furnish Husband's counsel with signed Affidavits of C. onsent and a Waivers of Notice of Intention to request the Entry of a Decree in Divorce. It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement. --Page 7 of 13-- a.) This Agreement represents a complete and final agreement as to their respective property fights which arose from the marital relation and therefore mutually waive any and all rights they may have under §3502, et. of the Pennsylvania Code, Act. No 1980-26. 16. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 17. ~: If either party breaches any provision of this Agreement, the other party shall have the fight, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 18. E uitable Distribution: It is specifically understood and agreed that this Agreement constitutes and equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known --Page 8 of 13-- as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 19. 20. Summary of Effect of Agreement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' fights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and may other claims of each party, including all claims raised by them in the divorce action pending between the parties. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a fight and just standard with regard to the rights of e~ch party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. 21. Mutual Cooperation/Duty to Effectuate Agreement: leach party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instrun~tents and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. --Page 9 of 13-- 22. _Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full fome and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital fights or obligations to accrue. 23. Severabilitv: If any term, condition, clause or provision of this Agreement shall be deterrrfined or declared to be void or invalid in law or otherwise, then only that term condition, clause or provision shall be stricken fi:om this Agreement and in all other respects this Agreement shall be valid and continue in full rome, effect, and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way Void or alter the remaining obligations of the parties. 24. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the fight of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. --Page 10 of 13-- 25. 26. 27. a.) b.) Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those e:~pressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. .Effect of Divorce Decree: The parties agree that unless otherwise 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. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: To Wife in care of Griffie & Associates, 200 North Hanover Street, Carlisle, PA 17013. To Husband in care of Marlin L. Markley, Esqnire, 2108 Market Street, Aztec Building, Camp Hill, PA 17011. 28. Waiver or Modification to be in Writinc,: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. --Page 11 of 13-- 29. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way defied, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: Date GUY E. MONGER, III · -Page 12 of 13-- COMMONWEALTH OF PENNSYLVANIA : COUNTY OF : On this_, q~ day of ~JU ~ ,2004, before me, th~ undersigned officer, personally appeared JENNIFER E. MONGER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL I KARISA J. LEHMAN, NOTARY PUNU~ / CARLISLE BORO., CUMBERLAND COUNW LILLY COMMISSION EXPIRES AUG Notary PubH~ co~oNv~r~ ov vmoINIA COUNTY ov./~ ~,_ On this_],,QC~ day of /r~ , 2004, before me, the undersigned officer, personally appeared GUYE. MONGER, III, known to me (or satisfactory proven) to be the person whose name is subscribed to the wi~in Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. --Page 13 of 13-- GUY E. MONGER, I]I, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUIV[EIF_,RLAND COUNTY, PENNSYLVANIA VS. : No. 02-658 JENNIFER E. MONGER, Defendant : CIVIL ACTION - LAW : IN DrVORCE PRAP, C'TPl~, TC} TI~AN~MIT Rl~'~ClRlll To the Prothonotary: Transmit the record, together with the following hfformation, to the Court for entry ora divorce decree: 1. Ground for Divorce: Irretrievable breakdown Divorce Code. (Strike out inapplicable section) 2. Date and Manner of service of the Complaint: Service by certified mail # 7000 1670 0005 2769 5825, delivered on February 12, 2002. See Attached U.S. Postal Service Inquiry. 3. (Complete either paragraph (a) or (b).) (a) Date of execution ofthe affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff T,m~ ~. ~OO2 ; by the Defendant (b) Date of execution of the affidavit nxtuired by § 3301(d) of the Divorce Code: ; Date of filing ofthe Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondem: 4. Related da/ms pending: Non~ All elaim~ rai~4 have hewn ~ail'l~4 hy Plo~e innorporata. ~thont m~r~ng the atiaehm-1 A~rt~'n~!nt of tho parties into tho Divnren the prothonotary: 5. (Complete either paragraph (a) or (b).) (a) Date and manner of service of the Notice of Imention to File Praecipe to Transmit Record, a copy of which is attached, _ ; (b) Date Plaintiflas Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: h,ne 6. 2009 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with filed qimnltan~nn~ly w/pra~ipe Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, .Aztec Building Camp Hill, Pennsylvania 17011-4706 ID~ 84745 Tel. (717) 763-1800 STATE OF GUY E. MONGERf III, PLAINTIFF VERSUS JENNIFER E. MONGER, 1N THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY ~~~ PENNA. DEFENDANT N O. 02-658 DECREE IN DIVORCE AND NOW,. DECREED THAT Guy E. Monger, III AND Jennifer E. Monger IT fS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD JN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED~J0~- The attached Agreement is incorporated, without merger, herein. ~ ~' ' // PROTHONOTARY