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HomeMy WebLinkAbout05-0292 STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. ()s _ .;{q~ : IN DIVORCE CCJ;l~~ BONNIE 1. MOORE Defendant 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 grounds for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, Carlisle, P A 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249.3166 STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. 0 S; - :l... '1 ~ : IN DIVORCE CIU', l ~ft2..{ BONNIE 1. MOORE Defendant COMPLAINT IN DIVORCE No FAULT DIVORCE PURSUANT TO ~ 3301 (C) OF THE DIVORCE CODE AND NOW COMES, STEPHEN D. MOORE, Plaintiff, who brings this action in divorce against the BONNIE 1. MOORE, Defendant, upon a cause of action whereof the following is a statement: 1. Plaintiff, STEPHEN D. MOORE, is an adult individual residing at 4 Marshall Drive: K-2, Camp Hill, Cumberland County, Pennsylvania, 17011.1172. 2. Defendant, BONNIE 1. MOORE, is an adult individual residing at 45 North 10'h Street, Lemoyne, Cumberland County, Pennsylvania, 17043.1404. 3. Plaintiff and Defendant are citizens of the Commonwealth of Pennsylvania, having resided here for a period of more than six months immediately preceding the filing of this Complaint. 4. The parties were married on 19 December 1981 in New Cumberland, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies. 6. There has been no prior action for divorce or annulment of this marriage instituted by either party in this or any other jurisdiction. 7. 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 and has signed an affidavit attached hereto averring that he does not request such counseling. 8. The marriage ofthe parties is irretrievably broken. 9. There are no minor children to this marriage. 10. 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 will also file such affidavit. WHEREFORE, Plaintiff prays this Honorable Court to: a. Enter a Decree of Divorce under Ii 201 (c) of the Divorce Code; and b. Grant such other relief as the Court deems just and reasonable. Respectfully submitted, LAW OFFICES OF LESLIE D. JACOBSON DATED: /.I/. 0.5 By: Allen D. Moyer Attorney for Plaintiff No. 81846 8150 Derry Street Harrisburg, PA 17111.5260 717.909.5858 717.909.7788 [fax] 2 STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. BONNIE L MOORE Defendant : IN DIVORCE AFFIDAVIT I, STEPHEN D. MOORE, being duly sworn according to law, deposes and says: 1. I have been advised ofthe availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in the counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. /~ ~T~.M NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit with twenty (20) days after this affidavit has been served on you or the statements will be admitted. STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. BONNIE L MOORE Defendant : IN DIVORCE VERIFICATION I, STEPHEN D. MOORE, do hereby verifY that the statements made in the foregoing Complaint are true and correct to the best of my knowledge and belief. STE D. MOO &11<- 1,4 ~ ~.;1cc-S ON THIS, the~ day oUtrlf,~, hefore me, a Notary Public and the undersigned officer, STEPHEN D. MOORE personally appeared known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , NOTARIAL SEAL . TAMMY L. KETTERER, NOTARY PUBUC . SWATARA TWP., COUNTY OF DAUPHIN MY COMMISSION EXPIRES OCTOBER 30, 2006 ~ -p0:a ~ 1- ~ V( ~. - w v V) e>.o ) ~~~ ~ t? r .--.' ~) ;"-:; ( _ ,:,J; Cj ":";'i :::;-1_....... c_ - 0) J 1') -<- -.0 t -rJ -". '-:.'~ - STEPHEN D. MOORE Plaintiff : IN THE COlJRT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. 05-292 BONNIE L. MOORE Defendant : IN DIVORCE PRAECIPE TO ADD To the Prothonotary: Please add the attached Certificate of Service to the above captioned case. Thank you. LAW OFFICES OF LESLIE D. JACOBSON BY~~ Allen D. Moyer lD # 81846 Attorney for Plaintiff 8150 Derry Street Harri.sburg, PA 17111.5260 717.909.5858 717.909.7788 [fax] STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLA1\JD COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. ~-..?9-< : IN DIVORCE BONNIE L MOORE Defendant CERTIFICATE OF SERVICE I, Allen D. Moyer, do hereby certifY that a copy ofthe foregoing Complaint in Divorce was this day served upon the following person in the manner indicted below: CERTIFIED FIRST CLASS MAIL BONNIE L. MOORE 45 North 10th Street Lemoyne, PA 17043.1404 DATED: 0/. I~ O..s- (,J r-.) ..L' '--. :~: " -n STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : Civil Action - Law : No. 05-292 BONNIE L. MOORE Defendant : IN DIVORCE PRAECIPE TO ADD To the Prothonotary: Please add the attached Certificate of Service to the above captioned case. Thank you. LAW OFFICES OF LESLIE D. JAC By: < ~ ALlen D. Moyer ID # 81846 Al1torney for Plaintiff 81:50 Derry Street Harrisburg, PA 17111.5260 717.909.5858 717.909.7788 [fax] STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. 05-292 BONNIE L. MOORE Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Allen D. Moyer, do hereby certifY that a copy ofthe foregoing Complaint in Divorce was this day served for the second time upon the following person in the manner indicted below: CERTIFIED FIRST CLASS MAIL BONNIE L. MOORE 1502 MARKET STREET: APT. I CAMP HILL, PA 1701 I DATED: 01.26.04 5-/ Allen D. Moyer Attorney for Plaintiff "'"" ~L?l ~: -ri :;1:. ...-) ~T\ ::;:\...,.., i;11~~'\ ~:~~ C;J ;.~~\ (;?, -t -1\ ~;~?1 r::> ~ -- :~~3 rJ''l - STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. 05-292 BONNIE L. MOORE Defendant : IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this ~ day of April, 2005, I, BONNIE MOORE, Defendant in the above listed action, accepted service of the Complaint in Divorce: No Fault Divorce Pursuant to /i 3301 J (c) of the Divorce Code as filed with the Court on 13 January 2005. I received this Complaint on or about 28 January 2005. I understand that false statcments contained herein arc subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. i ,a ',. " " / >\"'} . '\ (\ )y\ r'v\ ," _ \ ~ \1 J:\onnie Moore Defendant (xJ '-> (') "" C:"~ G c: co, -" ">., ~ (') <- 'i! -,., q:~'i ""'" :;e, r11;=:: N :Q~ ..., ;;'1' -.; (") .::r.-,." "' -- 7 , - :~-) "-/ ~-:; <::> :..-::.. >-( ':":0 t'v "-< STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. tJ..J-. Rt1,( BONNIE L. MOORE Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE CODE I. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on thetftay of(L.~JdlOj"'" (/ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Decree in Divorce 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 I 8 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: /. 1$. tJ" ,-0, ~ c <- ~ ~ ~ ~...,., :J::.;~ ", ( --l~ ~h"; c~11\ . ~.\ ,..-:>- ''1:J. '....r... -:"'" ~ -- -- .' o f0 STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : Civil Action - Law : No. 0$- ~?2- : IN DIVORCE BONNIE L. MOORE Defendant DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (C) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed the~y Of~""O .:Joo5. {I 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce without notice. 4. 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. 5. I understand that I will not be divorced until a Decree in Divorce 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. S 4904 relating to unsworn falsification to authorities. Date: 1'- Z S. ()" .) \1\ ~(';:I\~,y\ " \ t'f:', ( <;L _.- onnie L. Moore, Defendant ~.'r..~.. Q ~~:-~ ....., c' c;:;> w~ C.; <- ~ ...e- N -l -r.. :.i~ o -on ..... ..,.. Fii :1J ~~Fr. ~':lC' ;~'.?;;~~ ~,'j;~-?~ ~ ?D ..< o (">..) /------ STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. PS- .J.~ ~ : IN DIVORCE BONNIE L. MOORE Defendant PROPERTY SETTLEMENT AGREEMENT AGREEMENT made this 2"d day of July, 2004, by and between STEPHEN D. MOORE, hereinafter called "HUSBAND", and BONNIE L. MOORE, hereinafter called "WIFE"; WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on 19 December 198], in New Cumberland, Commonwealth of Pennsylvania; and WHEREAS, differences have arisen between HUSBAND and WIFE which have caused them to live separate and apart; and WHEREAS, there is presently a divorce action pending between the parties docketed at No. tfJ...r- ~9 ~ . , Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, the parties have reached a resolution concerning distribution of marital property, and other issues; Now, THEREFORE, each party intending to be legally bound hereby does agree as follows: L AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered an affect or bar on the legal right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either Party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either Party hereto of any act or acts on the part of the other Party which have occasioned the disputes or unhappy diJIerences which have occurred prior to or which may occur subsequent to the date hereof. The Parties intend to secure a mutual consent, no fault divorce pursuant to the terms of S 330 I (c) of the Divorce Code of 1980 as amended. 2. PERSONAL RIGHTS It shall be lawful for HUSBAND and WIFE at all times hereinafter to live separate and apart from each other, and to reside from time to time at such place or places as they respectfully deemed fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other, nor compel the other or cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either HUSBAND or WIFE of causes leading to their living apart. 3. PERSONALTY The Parties acknowledge that HUSBAND will be retaining celtain items of household goods and furniture and WIFE will be retaining certain items of household goods and furniture. These items have already been distributed to the respective party and no dispute exists concerning this matter. HUSBAND and WIFE shall continue to own and enjoy, free from any claim or right to the other, all of his or her personal effects, such as clothing, jewelry, books, and the like, wherever located. 4. AUTOMOBILES HUSBAND shall retain the Ford E I 50 van vehicle and shall be responsible for the payments, insurance, and maintenance expenses on said vehicle. WIFE shall retain the Toyota Passeo vehicle and shall be responsible for the payments, insurance, and maintenance ,expenses on said vehicle. Both Parties acknowledge that all fees and transfers have occurred and no dispute exist concerning this matter. 5. REAL ESTATE Moore Property Settlement Agreement 20f9 of WIFE from any and every claim that he now has, may hereafter have, or can have at any time against WIFE or against her estate, or any part thereof, whether arising out any formal contracts, engagements, or liabilities of WIFE; arising by way of dower or claim in the nature of dower, widower's rights, or under the intestate law; arising by any right to take against WIFE's will; arising under the Divorce Code of 1980 including any claim for determination and distribution of property, any claim for alimony, and any claim for attorneys fees, costs, and alimony pendente lite, except those claims listed herein; or arising by any other nature whatsoever; excepting only those rights accruing to HUSBAND under this Agreement. 14. EFFECT OF DIVORCE DECREE This Agreement shall not be extinguished by any Decree in Divorce issued by the Court in the pending divorce action, but shall in all respects survive the same and be forever binding and conclusive upon the parties; and all property either jointly owned, solely owned by HUSBAND or solely owned by WIFE, shall be distributed in accordance with this Agreement and shall not be affected nor become the subject of any claim for equitable distribution of marital property under S 401 of the Divorce Code, nor shall any claim be made by either HUSBAND or WIFE for alimony under S 301 and/or S 501 of the Divorce Code, nor shall any claim be made by HUSBAND or WIFE for alimony pendente lite, counsel fees, or expenses under S 50 I of the Divorce Code. At the option of either party, this Agreement shall be incorporated into the divorce decree or any order of court in the divorce action. 15. ASSET DISCLOSURE BY THE PARTIES HUSBAND and WIFE each represent and warrant that he and she have made a full and complete disclosure to the other of all assets in which each party has an interest. Both HUSBAND and WIFE acknowledge that they are fully aware of the assets and income of each other and that they both enter into this Agreement fully understanding their respective rights and responsibilities. Each party has been fully informed as to his or her legal rights and obligations and acknowledges that he Moore Property Settlement Agreement 50f9 or she entered into this Agreement freely and voluntarily without any duress or undue influence. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding upon and shall inure to th(: benefit of the parties' heirs, personal representatives, and assigns. 17. ADVICE OF ATTORNEY Each party acknowledges that he or she has had the opportunity to secure the benefit of legal counsel in the drafting of this Agreement, prior to the execution thereof. Specifically, WIFE has made the concerted decision not to secure legal counsel. HUSBAND has had the benefit of Allen D. Moyer, Attorney at Law, with the Law Offices Of Leslie D. Jacobson, Harrisburg, Pennsylvania. Each party acknowledges that the terms of this Agreement and the legal effect of such terms have been explained to them, that each party understands the terms of this Agreement, and fully agrees to comply with the terms thereof. Furthermore, each party acknowledges that this Agreement is fair and equitable under the circumstances. 18. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 19. MUTUAL COOPERATION Each Party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other Party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Furthermore, each party agrees to execute an Affidavit of Consent to a Decree in Divorce, pursuant to S 20 I (c) of the Divorce Code. 20. LAW OF PENNSYL VANIA ApPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Moore Property Settlement Agreement 60f9 Pennsylvania. 21. No WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such 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. 22. BREACH If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense thereby (including, but not limited to, legal fees and costs) in enforcing his or her rights, the non-breaching Party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the Party may have and the spouse who failed to perform the obligations agrees to indemnifY the other spouse and hold him or her harmless for any and all such expenses. 23. HEADINGS NOT PART OF AGREEMENT Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. DATE OF EXECUTION 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. 25. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless Moore Property Settlement Agreement 70f9 otherwise specified herein. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ", .-2 . (\\II \~'l '\\ "L"-' \\ I f't\\.~ tlUNN E J. MOORE, Wifi Moore Property Settlement Agreement 80f9 --'1, '~}: ~ . ;:.) n .' "'" "~'::l h-; ~ --I -r:-n fi-lr~~ :~\ t'~.~ ::~; :~~;c:: ,.,'j :~~ f~;:~ r') ::-i 'D ~< ,- ~; f'0 -J ~> c:l (.,..j - STEPHEN D. MOORE Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law : No. 05-292 BONNIE L. MOORE Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on 28 January 2005. Complaint was served by Certified Mail Return Receipt Requested on 26 January 2005. 3. (a)(I) Date of execution of the Plaintif.fs Affidavit of Consent required by S 3301(c) of the Divorce Code: 25 January 2006; (a)(2) Date of execution of the Defendant's Affidavit of Consent required by S 3301(c) of the Divorce Code: 25 January 2006. 4. Related claims pending: None. 5. (a) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: 26 January 2006. (b) Date Defendant's Waiver of Notice was filed with the Prothonotary: 26 January 2006. Respectfully submitted, DATED: 01.25.06 By: Allen D. Moyer . Attorney for Plaintiff No. 81846 8150 Derry Street Harrisburg, P A 171I 1.5260 717.909.5858 717.909.7788 [fax] ~-\~-~ "-::" -';;- ~~', f-::'-' ~':,: . n t;. ~ a er- e- p~ - - N -' -J "11 ? -,,. ~- - - :?-n rn-- -CJ~ .-;) ...-; ~.~?\ (1', '- -r-; :~~f.f\ ",J .:-1 J'5 :..c.:, o vo