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HomeMy WebLinkAbout02-5475CHARLES B. HATHAWAY, Plaintiff KIMBERLY A. HATHAWAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249~3166 CHARLES B. HATHAWAY, Plaintiff KIMBERLY A. HATHAWAY, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by his attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is Charles B. Hathaway, who currently resides at 5211 Meadowbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, having so resided since May 13, 1996. 2. Defendant is Kimberly A. Hathaway, who currently resides at 521 ! Meadowbrook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, having so resided since May 13, 1996. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 29, 1995, in Elizabeth, Ohio. 5. The Plaimiffhas been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there are no children of the parties. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, Date: ////~/o'L. By: Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. Date Charles B. Hatl~x~-ay CHARLES B. HATHAWAY, Plaintiff Vo KIMBERLY A. HATHAWAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5475 CIVIL : CIVIL ACTION - LAW : : IN DIVORCE ACCEPTANCE OF SERVICE I, Kimberly A. Hathaway, accept service of the Complaint In Divorce. I certify that I am authorized to accept service as I am the above-named defendant. Date: Kimberly A. Hhthaway 5211 Meadowbrook Drive Mechanicsburg, PA 17050 CHARLES B. HATHAWAY, Plaintiff Vo KIMBERLY A. HATHAWAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5475 CIVIL : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on November 12, 2002. 2. The marriage of Plaintiff and Defendant is i~xetrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 unsworn falsification to authorities. Date: Charles B. ttathaway,'~bTaintiff CHARLES B. HATHAWAY, Plaintiff KIMBERLY A. HATHAWAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5475 CIVIL : CIVIL ACTI'ON - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on November 12, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Date: Kimberly A.~athawa~, Defendant CHARLES B. HATHAWAY, Plaintiff Vo KIMBERLY A. HATHAWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5475 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 {C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning ali.mony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Charles B. Hathaway, ~ntiff CHARLES B. HATHAWAY, Plaintiff Vo KIMBERLY A. HATHAWAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5475 CIVIL CIVIL ACTION - LAW · IN DIVORCE ,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF TItE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Kimberly A. t-Iathaway, Defendant MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 'Z/day of~, 2003, between KIMBERLY A. HATHAWAY, hereinafter referred to as "Wife" and lCHARLES B. HATHAWAY, hereinafter referred to "Husband". WITNESSETH: WHEREAS, the parties hereto, being Husband and Wife were l~twfully married on July 29,1995 in Lisbon, Ohio; and WHEREAS, there were no children bom of the parties; and WHEREAS, Husband has commenced an action in divorce in tt.e Court of Common Pleas of Cumberland County, docketed to No. 02-5475 (herei aafter referred to as the "Divorce Action"); and WHEREAS, diverse and unhappy differences, disputes and diff culties have arisen between the parties and it is the intention of Husband and Wife tel live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property fights and obligations las between each other including, without limitation by specification: the settling of all m~ them relating to the ownership and equitable distribution of real and pen the settling of all matters between them relating to the past, present and alimony and/or maintenance of each other; and in general, the settling ot claims and possible claims by one against the other or against their respe ,tters between ;onal property; 'uture support, 'any and all ctive estate; and WHEREAS, the parties hereto, Husband being represented by Gary L. Rothschild, Esquire, and Wife not being represented by counsel, althotlgh advised of her fight to be so represented, have each exchanged full and complete infonnation as to the property, assets, and liabilities owned by each and have disclosed to each other and to their attorney(s) full information as to the financial status of both partie hereto. NOW THEREFORE, the parties hereto, in consideration of the bore recitals, premises and mutual promises, covenants and undertakings hereinafter ~et forth and for other good and valuable consideration, receipt of which is hereby acknOWledged by each of the parties hereto, Husband and Wife, each intending to be legally boond hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: J. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are inco and made a part hereof as if fully set forth in the body of the Agreement 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDING >orated herein This Agreement shall not be considered to affect or bar the right ,f Husband and Wife to an absolute divorce on legal 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 condonation on the part of either party hereto of any act or acts on the part of the other party, which have occasianed the disputes or unhappy differences which have occurred or may occur subset uent to the date and that they !ion 3301 (c) hereof. The parties acknowledge that their marriage is irretrievably broker shall secure a mutual consent no-fault divorce pursuant to the terms of Se, of the Divorce Code. Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided he in, this Agreement shall continue in full force and effect after such time as a fi~al Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE E ECREE The parties agree that the terms of this Agreement shall be inco ~orated into any Divorce Decree which may be entered with respect to them and specific ~lly referenced in the Divorce Decree. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remed: es as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of th Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent lite, counsel fees and costs as set forth in the Pennsylvania Divot ce Code or other similar statutes now in effect and as amended or hereinafter enacted. 6. 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. _7. DISTRIBUTION DATE The transfer of property, funds, documents and/or any other thing or provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confirm that each has relied on the accuracy of the fi aancial disclosure of the other, as an inducement to the execution of this Agreement. ..9. SEPARATION Husband and Wife shall, at all times hereafter have the right to li~,e separate and apart from each other and to reside from time to time at such place or ph ~ces as they respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the oth~,r to cohabit or dwell with him or her by any legal or other proceeding. The foregoing pr avision shall not be taken to be an admission on the part of either Husband or Wife of the [awfulness or unlawfulness of the causes leading to their living apart. 10. DIVISION OF BANK ACCOUNTS AND BROKERAG] ;ACCOUNTS The parties hereto mutually covenant, acknowledge and agree to he following division of their individual and joint bank accounts and brokerage accoUnts, as follows: A. Wife shall receive and be the sole owner of the following: ~ (i) Checking account number 481-8951-0_with Allfirst bm tk having a balance of approximately $1,100.00; 4 (ii) Savings account number 8-700-570-0567113_with Allfirst bank having a balance of approximately $ 3,500.00; B. Husband shall receive and be the sole owner of the following: (i) No bank accounts. The parties hereto mutually covenant, acknowledge and agree tl~at any monies, interest or dividends received subsequent to the execution of this Agree ment shall be the property of the party receiving the asset from which the payment, internist or dividend arose. The parties hereto mutually covenant, acknowledge and' agree tt ~at any bank/credit union accounts or brokerage accounts not identified in this paragraph, v,hich is held solely in individual names, shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive, ielease, renounce and forever abandon whatever right, title, interest or claim he/she may 1~ ave in the other party's respective accounts. 11. AUTOMOBILES. A. Division of Automobiles. The parties acknowledge that they are the owners of one (1) automobile and agree to the following division of the automobile: (i) The 1997 Pontiac Grand Prix shall becom~ the sole and exclusive property of Wife. There is turret outstanding liability associated with this v~ B. _Waiver as to non-marital automobile. The parties l use of a 2002 Dodge Durango which is owned by Husband's pare 5 ttly no :hicle. rave also had the nts. Wife does specifically waive, release, renounce and forever abandon whatever right, title and interest she may have in this vehicle. Transfer of Ownership. The parties agree to execute the titles or assignments of lease agreements to the aforesaid vehicle, if app: effectuate the transfer as herein provided on the date of executi~ Agreement and said executed title/assignments shall be deliver, party on the distribution date. For the purposes of this Paragrap shall be deemed to include a "Limited Power of Attorney" if the agreement to the vehicle is unavailable due to financing'arrange~ otherwise. D. Indemnification. In the event any vehicle is subje~ encumbrance, lease or other indebtedness the party receiving sai( her property shall (i) take it subject to said lien, encumbrance, lee indebtedness; (ii) shall be solely responsible therefore and (iii) a. indemnify, protect and save the other party harmless from said li lease or other indebtedness. Each of the parties hereto does specil release, renounce and forever abandon whatever right, title and in may have in the vehicle(s) that shall become the sole and separate other pursuant to the terms of this Paragraph. The parties acknowl of no liens, encumbrances, leases or other indebtedness to which aforementioned vehicles is subject to, except those liens, etc. set f¢ Paragraph. 12. PERSONAL PROPERTY · opriate, to .n of this :1 to the proper the term "title" title or lease nents or :t to a lien, vehicle as his or se or other tees to n, encumbrance, [cally waive, :crest he or she property of the ~dge they know ay of the ,rth in this The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them in a manner agreeable to both parties as set forth in the attached Exhibit "A". The parties also mutually agree that each party shall from and after the date of this Agre and separate owner of all tangible personal property as indicated in Ex~ "Distribution of Household Items." All other furniture, household fumi; or household personal property not specifically listed on Exhibit "A" sl~ property of the party in whose possession it is maintained at the time of this Agreement. 13. RETIREMENT BENEFITS, ASSETS AND PLAN8 The parties acknowledge that, as a result of their separate emplo during the marriage, that neither party is entitled to any retirement bent the parties acknowledge that neither party has established Individual Ret Accounts or other retirement plans of any current value. The parties acknowledge that they have exchanged full informati, above-referenced potential benefits and accordingly there are no retirem~ distributed by the parties. Each of the parties does specifically waive, release, renounce and all of his or her right, title, interest or claim, whatever it may be in any Pe Retirement Plan, Profit Sharing Plan, 401 (k) Plan, Keogh Plan, Stock Pla Savings Plan and/or any other employee benefit plan (cOllectively referre "Employee Benefit Plans") and hereafter said Employee Benefit Plans sh~ sole and separate property of the party named in the Employee Benefit PI: 7 ~ment be the sole ibit "A"- hings, appliances dl be the the execution of ment prior to or .ts. Additionally, [rement ~n about the nt benefits to be forever abandon nsion Plan, a, Tax Deferred ! to as dl become the xts or through whose employment said Employee Benefit Plans are carded. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. 14. REAL PROPERTY, i The parties hereto mutually covenant and agree that the real estate they own jointly, as tenants by the entireties, and being known and numbered as 5211 Meadowbrook Drive, Mechanicsburg, Pennsylvania, (hereinafter referred to as the "marital residence") was acquired during the marriage. The parties agree that the value of the marital residence, as appraised on October 25, 2002, is appr0ximatel y $174,300.00 and that both parties have received said appraisal. The parties have agre~,d that certain improvements to the property will increase the value of the property and the likelihood of a sale at a more advantageous price. Accordingly, the parties have agree~l to make certain improvements, with the cost of said improvements to be in the approxim ate amount of $10,000.00. Husband's parents have agreed to pay for said improvemer :s, not to exceed $10,000.00, in exchange for the proposed distribution of the proceeds fn ~m the sale of the marital residence as indicated herein. The parties hereto mutually covenant and agree that the marital re listed for sale by Husband's brother, Matthew Hathaway, who is a licens~ broker with Jack Gaughan. The parties agree that the marital residence is mortgage, with BSI Financiai Services, Inc., loan number 0028-767150- outstanding balance of approximately $109,000.00. ~idence shall be d real estate ;ubject to a ~, with an The parties hereto mutually covenant and agree that Wife, in exchange for her share of the value of the marital residence, shall be paid the greater of the following amounts: (i) The outstanding mortgage shall be calculated as of the ti] the sale of the marital residence. Upon the issuance of a Decree In Divorce Wife shall receive Th: Thousand ($ 32,000.00) Dollars as an advanced payment of her share o! from the anticipated sale of the marital residence. Wife shall receive the share of the proceeds from the sale of the marital residence, as calculate, sale of the marital residence. Should the marital residence be sold prior a Decree In Divorce Wife shall receive her entire share, as calculated ak one-half of the net proceeds from the sale of the marital residence, as indicated on the HUD-1 Settlement Sheet, after repayment to Husband's parents for the aforesaid improvements, said payment to parents not to exceed $ 6,000.00, or (ii) one-half of the difference between the appraised value of the marital residence, which is agreed to be $174,300.00, and the o~ttstanding mortgage on the marital residence. ne of closing on rty-Two 'the proceeds, remainder of her above, upon the the issuance of >ye, of the proceeds from the sale of the marital residence at the time of closing, l Wife agrees to move out of the marital residence within thirty (30) days of the issuance of the Decree In Divorce, however, if the marital residence is s~ld prior to the issuance of the Decree In Divorce, Wife agrees to move out of the mari~ d residence prior to closing. 9 Husband shall receive the remaining proceeds from the sale based upon the above calculations of Wife's payment amount. If said sale has not taken place at the time of the issuance of Decree In Divorce Husband agrees to be solely responsible for the mortgage on the marital residence and agrees to indemnify, protect and save Wife harmless from said mortgage. Wife, as a result of the above required payment, as calculated upon settlement, does specifically waive, release, renounce and forever abandon whatever right, title and interest she may have in the marital residence. The parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the marital residence is subject to, except those mortgages, liens, encumbran ecs or other indebtedness set forth in this Paragraph. If the marital residence has not been sold within one-hundred tw, nty (120) days of the execution of this Agreement, Husband shall promptly have Wife r~,'moved as an obligor on the outstanding mortgage on the marital residence. 15. INSURANCE POLICIES The parties acknowledge that Wife is the owner of one or more lil ~ insurance policies (with an estimated cash surrender value of zero ($ .00) through h,,-r employment and that Husband does not own any life insurance policies. With regard to such insurance policies, the parties agree that Wife shall receive and be entitled to the value of her insurance policies. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, claim, whatever it may be in the insurance policies separately stated in thj hereafter said insurance policies shall become the sole and separate proper 10 aterest or paragraph and y of the party named as the owner therein. The party receiving the insurance policy shall be responsible for any and all outstanding loans associated with said policy. 16. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreement Shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shall constitute a sufficient Bill Of Sale to evidence the transfer of any and all fights in such property from each party to the other. 17. DEBTS The parties acknowledge that, other than the debt listed in paragraPh 14 above, and the following credit card debt, that they have no other joint or individual debts. A. Capital One Master Card, account number 5291-4920-8752-6121, with an approximate outstanding balance of $ 900.00. This is a jointly held credi card debt. Wife agrees that she shall remove Husband from the card as an owner or oblig or and Wife agrees to pay this debt as the same becomes due, and to indemnify and h, >Id Husband and his property harmless for such debt, obligation and liability associated th,~,rewith. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her Property harmless for any and all such debts, obligations and liabilities. From the date of the execution of this Agreement, each party shall use only those credit cards which that party is individually liable and the parties agree to not use any other debt instrument for which the parties have joint liability or any pote: 11 md accounts for credit card or ~tial liability. The parties agree to cooperate in closing any remaining accounts which iprovide for joint liability. 18. HUSBAND'S MEDICAL COVERAGE Wife hereby agrees to cooperate in allowing Husband to apply for COBRA benefits through Wife's employer as permitted due to the parties' divorce. Wife shall provide Husband with whatever information, forms and documents need ed to allow Husband to make said application and/or to give notice to the Plan Administrator. 19. ONGOING EXPENSES OF THE PARTIES Commencing with the execution of this Agreement, Wif~ shall c¢~ntinue to be responsible for and agrees to pay all amounts, other than mortgage paym ~nts, associated with the household ("household bills"), including, but not limited to, utilities, lawn/snow removal, cable, food, etc. Wife's obligation to pay the household bills, as indicated herein, shall cease upon Wife's moving out of the marital residence. Husl~and shall be responsible for and shall pay the monthly mortgage obligation. Wife shall also pay for the parties' medical coverage, automobile nsurance and other obligations for the benefit of the parties; said obligation to terminate upon the issuance of a Decree In Divorce. 20. BANKRUPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this Agreement shall not be affected by any bankruPtcy proceeding and shall not be deemed to constitute or be a dischargeable del ,t of bankruptcy. Both parties warrant that he/she has not heretofore instituted my 12 I proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. 21. LEGAL FEES, COSTS AND EXPENSES Husband acknowledges that he has been represented in this matter by Gary L. Rothschild, Esquire and Wife acknowledges that she has not been represented by an attorney in this matter. The parties acknowledge and agree that each shall be responsible for the payment of the fees owed to their respective attorney, if any. HuSband and Wife do hereby waive, release and give up any rights which they may have aghinst the other for payment of counsel fees. The parties acknowledge and agree 'that each shall be responsible for the payment of any and all costs and expenses incurred b~ that party. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 22. OTHER WRITINGS Each of the parties hereto agree to execute any and all documentsi deeds, bills of sale or other writings necessary to carry out the intent and language ofthls Agreement. 23. DISCLOSURE AND WAIVER OF PROCEDURAL RIG}ITS Each party understands that he or she had the right to obtain from ithe other party a complete inventory or list of all of the property that either or both parties Owned at the time of separation and at the time and/or owned at this time and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold heatings and makb decisions on the matters covered by this Agreement. Both parties understand that a court decision 13 concerning the parties' respective fights and obligations might be different fi.om the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence ex~reised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The fight to obtain an inventory and appraisement, ol~ail marital and Bo Ce Fo ED non-marital property as defined by the Pennsylvania The right to obtain an income and expense statement as provided by the Pennsylvania Divorce Code. The fight to have property identified and appraised. The right to discovery as provided by the Pennsylvan,[a Rules of Civil Procedure. : The fight to have the court determine which property .is marital and which is non-marital, and equitably divide and distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. The fight to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement a of the marital relationship, including but not limited to for divorce, child support, spousal support, alimony, al 14 Divorce Code. of the other party ad/or arising out possible claims imony pendente lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. 24. FURTHER DEBT Wife agrees that she shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemaify and save Husband harmless from any and all claims or demands made against Hltsband by reason of debts or obligations incurred by Wife. 25. FURTHER DEBT Husband agrees that he shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against Wife by rea~, on of debts or obligations incurred by Husband. 26. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent Agreement, the parties hereby relea.,~e and discharge absolutely and forever each other from any and all rights, claims and de~ ~ands, past, present and future, including, but not limited to the following: spousal support, alimony, alimony pendente lite, division of property, claims or rights of dower an4 right to live in the marital home, right to act as executor or administrator of the other's {astate, rights as devisee or legatee in the Last Will and Testament of the other, any claim Or right as beneficiary in any life insurance policy of the other and any claim or righ in the distributive share or intestate share of the other parties' estate. 27. TAX ON PROPERTY DIVISION. 15 The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), Specifically, the provisions of the said Act pertaining to transfers of property between sPOuses or former spouses. The parties agree to sign and caused to be filed any elections o~ other documents required by the Internal Revenue Service to render the Act applicable t¢ the transfers set forth in this Agreement, without recognition of gain on such transfers asld subject to the carry-over basis provision of said Act. As to transfers to which the Act nay not or does not apply, Husband shall be solely responsible for any and all taxes that'may be assessed or become due from Husband, and Wife shall be solely responsible for. x~y and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. As to transfers for which the parties are or may be jointly liable, the parties hereto agree to contribute equally to such taxes, penalties and/or interesl 28. TAX RETURNS The parties have heretofore filed joint tax returns, including feder, fl, state and local returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either party, each agrees to indemnify and hold harmless the other from and against agy loss or liability for any such tax deficiency or assessment therewith and the parties hereto agree to contribute pro-rata, based upon their respective earnings for the year ih issue, to such taxes, penalties and/or interest. 29. FINAL EQUITABLE DISTRIBUTION OF PROPERTY 16 The parties agree that the division of all property set forth in this Agreement is equitable and both parties relinquish the right to divide said property inany manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete ar d equitable property division. 30. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between th.,, parties, and there are no covenants, conditions, representations or agreements, oral ~r written, of any nature whatsoever, other than those contained herein. 31. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby ankt this Agreement shall bind the parties hereto and their respective heirs, executors, admini strators and assigns. 32. FULL DISCLOSURE Each party asserts that she or he has made a full and complete di; real, personal and all other property or assets of whatsoever nature and v located belonging in any way to each of them, of all debts and encumbr, any manner whatsoever by each of them, of all sources and amounts of i or receivable by each of them, and of every other fact relating in any wa matter of this Agreement. These disclosures are part of the consideratior party for entering into this Agreement. 33. BREACH AND COSTS TO ENFORCE 17 ~closure of all the theresoever nces incurred in acome received t to the subject made by each In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra-judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including; but not limited to reasonable attorneys' fees, court costs and expenses. C~~~~2~r~RED INTO VOLUNTARILY ANDIA GREEMENT LEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he Or she respectively: I Bo A. Has carefully read each paragraph and each provision of this Agreement; Has given careful and mature thought to the making o: ?this Agreement; Co Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the parties' assets D. Has reviewed this Agreement with his/her counsel and guidance as to his/her rights and obligations under this has elected to not retain counsel although informed ofl retain independent counsel and review this Agreement E. Enters into this Agreement voluntarily al~er receiving tl independent counsel or electing to not retain counsel all informed of her right to retain independent counsel and Agreement with counsel; and 18 md liabilities; received Agreement or ter right to ~th counsel; te advice of hough review this F. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 35. AMENDMENT OR MODIFICATION This Agreement may only be amended or modified by a written instrument signed by both parties. 36. SEVERABILITY If any term, condition, clause or provision of this Agreement sh~ dl be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception oQhe satisfaction of any conditions precedent, shall in no way void or alter the remaining obligations or duties of the parties. 37. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statutes and ease law of the Commonwealth of Pennsylvania. 38. HEADINGS NOT PART OF AGREEMENT 1 Any headings preceding the text of the paragraphs and subparagraphs herein 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOg HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, 19 'LEDGES AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed thii Agreement the day and year first written above. KIMBERL~- A[ HATI~WAy (-;~/if~C,)Y CHARLES B. HAT--Ay ("Husband") 20 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : On this, the Public in and for the State and County aforesaid, the undersigned office appeared KIMBERLY A. HATHAWAY, known to me (or satisfactor the person described in the foregoing instrument, and acknowledged tht same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. [o'T'~ dayof .~--C~ 2003, before me, a Notary r, personally ly proven) to be [t she executed the Notary Public COMMONWEALTH OF PENNSYLVANIA (SEAL) F ! Notarial Seal ! Tana~ L. Eshenaur, NotaryTPublic ! Harrisburg, Dauphin County ~_My Co~mission Expires ~ Member, P~nnsylvania As~-~tion ot No~a des : SS COUNTY OF CUMBERLAND : On this, the Public in and for the State and County aforesaid, the undersigned office~ / appeared CItARLES B. HATIIAWAY, known to me (or satisfactorily person described in the foregoing instrument, and acknowledged that he same for the purposes therein contained. day of LIq~,~t~_J~ 2003, before me, a Notary personally ~roven) to be the executed the IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public ' / j I NOTAR6M_ ~ .... Wormtey~rg, Pa Distribution of Household Items .Room .Room Room accessoHes :enter storage -- picture sculpture hatching si~ china ~ w/printer Dinette table & 4 cha~s ~ture 2-drawer filing cabinet abrador sculpture mirror chest & ISlOn .~ area Items George Fore grill agreed upo-"~'---- ~er & tea ~ ~tly separat-~-~-~ L-Lo ge chair Garden tool'-=---'-----~ : agreed upon Custody of Chanc~ & Lc small items such as v~deo ta~ upon move of I or both Charles & Kimberly as agreed previously. CHARLES B. HATHAWAY, Plaintiff KIMBERLY A. HATHAWAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5475 CIVIL : CIVIL ACTION - LAW : : IN DWORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: for entry of a Divorce Decree: 1. 2. Please transmit the record, together with the following informatidn, to the Court o Ground for Divorce: 3301 (c) of the Divorce Code. Date and manner of service of the complaint: Acceptance of ;ervice by Defendant on November 15, 2002. Date of execution of the affidavit of consent required by Secl the Divorce Code: By Plaintiff 3/27/03 ; By Defendant 3/2 /03. Related claims pending: None. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was fil ed with the Prothonotary: 4/02/03; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 4/02/03. ion 3301(c) of Date: Respectfully submitted, By:' G~ar .Rot~ Supreme Court I.D. qo. 62041 2215 Forest Hills D~ ive, Suite 35 Northwood Office C rater Harrisburg, PA 171 2 (717) 540-3510 Attorney for Plaintif IN THE COURT OF COMMON PLEAS Of CUMBERLAND STATE OF ~~. Plaintiff Versus ...... ~.~E~__~_~_.~HA~A~ ............................ ...................... ~_~e~gt ............................. COUNTY PENNA. DECREE IN D I V 0 R C E ~..,,~. AND NOW ........ /~l~..r. .......... d~10...'~..., it is ordered and decreed that ............c.~AR~..~.s..~.,..~ATU,~A¥ ' , plaintiff, and KIMBERLY A. HATHAWAY are divorced from the bonds of matrimony. The court retains jurisdiction of the following claim been raised of record in this action for which a final ord~ been entered; None. Further, the Matrimonial Settlement Agreement, exe · .parties. and. da.ted,. March· .27 ~..200.3.,..atta~he~. -here.t~ herein for purposes of enforcem~ 1 not k · ·said' 'decr~'e; · The · pa~tie~' 'a~' ' ~'i'f said ement. , defendant, s which have ~r has not yet cuted by the i ' i~ -incorporated .._~al e merged into ~er~6~']'~ h ' ~h'~ ' t~'r'~§ of Attest: ............................ j'