HomeMy WebLinkAbout00-03781
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
.
KANLAYA MATTEK,
Plaintiff
No. 2000-3781 CIVIL TERM
CIVIL ACTION - LAW
VERSUS
ANTHONY C. MATTEK.
IN DIVORCE
Defendant
DECREE IN
DIVORCE
(j:3~)ofA.
, PLAINTIFF,
AND NOW,
2002 , IT IS ORDERED AND
DECREED THAT
AND
ANTHONY C. MATTEK
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement dated December 14, 2001 and signed by
the parties is hereby incorporated into this Decree. but not merged.
J.
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PROTHONOTARY
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this ~day of ~
,2001, by and between
KANLAYA MATTEK, (hereinafter referred to as "WIFE") and ANTHONY C. MATTEK,
(hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on February 9, 1990, in
Hagerstown, Maryland; and
WHEREAS, the parties have been living separate and apart from each other since at least
January 1, 1997; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their
respective fmancial and property rights and obligations as between each other, including, but not
limited to the. settling of all matters between them relating to the ownership and equitable
distribution of real and personal property, the settling of all claims and possible claims by one
against the other or against their respective estates, and the equitable distribution of property and
alimony for each party.
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The parties hereto agree and covenant as follows:
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1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be [mal and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
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The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(1) Is represented by counsel of his or her own choosing, or if not represented by
counsel, nnderstands that he or she has the right to counsel: WIFE is represented
by Douglas G. Miller, Esquire of Irwin, McKnight & Hughes; HUSBAND
chooses not to be represented by counsel, and by initialing this page
acknowledges his right to be represented by counsel ~
(2) Is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) Is entering into this Agreement voluntarily after receiving the advice of
counselor after choosing not to consult an attorney;
(4) Has given careful and mature thought to the making ofthis Agreement;
(5) Has carefully read each provision of this Agreement; and
(6) Fully and completely understands each provision of this Agreement, both as
to the subject matter and legal effect of each provision.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property nnder the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
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a just and fair standard, with due regard to the rights of each party. The division of existing
Marital Property is not intended by the parties to 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 part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay support to WIFE and that WIFE will not provide any fmancial support to HUSBAND. The
parties also waive any right they have to receive alimony payments from the other following the
entry of the Divorce Decree in this matter.
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8.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which
she may have in any personal property of the HUSBAND. HUSBAND likewise waives any
right, title and interest which he has in the personal property of WIFE. Henceforth, each of the
parties shall own, have and enjoy independently of any claim or right of the other party, all items
of personal property of every kind, nature and description and wherever situated, which are then
owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to
HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all
purposes as ifhe or she were urnnarried.
9.
AUTOMOBILES: HUSBAND hereby waives all right, title and interest in any vehicle
that WIFE currently owns or may own in the future, and specifically agrees to execute all
documents necessary to transfer title in his 1994 Jeep Wrangler to WIFE within thirty (30) days
from the date a duplicate motor vehicle title is obtained. WIFE shall hold HUSBAND harmless
for any and all liability associated with the use and purchase of any vehicle she may own, and
shall be solely responsible for all insurance and other fmancial responsibility associated with said
vehicle. WIFE hereby waives all right, title and interest in any vehicle that HUSBAND
currently owns or may own in the future. HUSBAND shall hold WIFE harmless for any and all
liability associated with the use and purchase of any vehicle he may own, and shall be solely
responsible for all insurance and other fmancial responsibility associated with said vehicle.
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10.
MARITAL DEBTS: HUSBAND shall assume all liability for and pay for and
indemnify and hold harmless WIFE against the following credit cards and/or loans:
1. DPP Credit Card; and
2. Members First VISA Card, Account #107983.
Furthermore, HUSBAND hereby agrees to remove WIFE'S name from any and all joint
accounts, specifically the DPP Credit Card, within sixty (60) days of the execution of this
Agreement. In addition, HUSBAND agrees to reimburse WIFE for storage costs in the amount
of $380.00 incurred by her to maintain and store his personal property. HUSBAND further
agrees to reimburse WIFE for costs in the amount of $200.00 incurred by her to remove and
dispose of his trailer.
WIFE shall assume all liability for and pay for and indemnify and hold harmless
HUSBAND against her Members First VISA Card, Account #49349. WIFE also hereby agrees
to remove HUSBAND'S name from any and all joint accounts within sixty (60) days of the
execution of this Agreement.
It is mutually agreed by and between the parties that other than the provision made for
those debts listed above, WIFE shall assume all liability for and pay and indemnify the
HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents
and warrants to HUSBAND that since the parties' marital separation she has not contracted or
incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE
further represents and warrants to HUSBAND that she will not contract or incur any debt or
liability after the execution of this Agreement, for which HUSBAND or his estate might be
responsible. WIFE shall indemnify and hold HUSBAND harmless from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
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Other than the provision made for those debts listed above, HUSBAND shall assume all
liability for and pay and indemnify WIFE against all debts incurred by HUSBAND after the date
of separation. HUSBAND represents and warrants to WIFE that since the parties' marital
separation he has not contracted or incurred any debt or liability for which WIFE or her estate
might be responsible and HUSBAND further represents and warrants to WIFE that he will not
contract or incur any debt or liability after the execution of this Agreement, for which WIFE or
her estate might be responsible. HUSBAND shall indemnify and hold WIFE harmless from any
and all claims or demands made against her by reason of debts or obligations incurred by him.
HUSBAND shall indemnify and hold WIFE harmless from any and all claims or
demands made against her by reason of debts or obligations incurred by him. The parties also
specifically agree that the payments called for in this Agreement are not intended to be a debt
which is affected by a discharge in bankruptcy. They further specifically intend that
HUSBAND'S obligations under the terms of this Agreement shall not be subject to discharge in
bankruptcy because they acknowledge that such are necessary for WIFE to meet her financial
obligations and to support and maintain her standard of living. HUSBAND represents that there
are no bankruptcy proceedings presently pending in which he is involved. HUSBAND expressly
agrees not to file a bankruptcy action prior to the completion of his obligations pursuant to this
Agreement. This debt shall not be discharged in a bankruptcy action filed by or on behalf of
HUSBAND. If HUSBAND files for bankruptcy, this Agreement shall constitute conclusive
evidence of the parties' intent that the obligations of this paragraph are in the nature of
maintenance. and are not dischargeable under current bankruptcy law or under any amendment
thereto. Further, if HUSBAND institutes any action in bankruptcy or any other bankruptcy
proceeding is instituted in which WIFE'S right to any monthly payments becomes a matter for
judicial review, HUSBAND agrees to consent to any motion filed by WIFE with the bankruptcy
courts, wherein she may request that the bankruptcy courts abstain from deciding the
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dischargeability of this obligation and any other obligations to her hereunder in order to allow the
appropriate Court of Common Pleas to rule upon this issue.
WIFE shall similarly indemnify and hold HUSBAND harmless from any and all claims
or demands made against him by reason of debts or obligations incurred by her. The parties also
specifically agree that the payments called for in this Agreement are not intended to be a debt
which is affected by a discharge in bankruptcy. They further specifically intend that WIFE'S
obligations under the terms of this Agreement shall not be subject to discharge in bankruptcy
because they acknowledge that such are necessary for HUSBAND to meet his financial
obligations and to support and maintain his standard of living. WIFE represents that there are no
bankruptcy proceedings presently pending in which she is involved. WIFE expressly agrees not
to file a bankruptcy action prior to the completion of her obligations pursuant to this Agreement.
This debt shall not be discharged in a bankruptcy action filed by or on behalf of WIFE. If
WIFE files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties'
intent that the obligations of this paragraph are in the nature of maintenance and are not
dischargeable under current bankruptcy law or under any amendment thereto. Further, if WIFE
institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which
HUSBAND'S right to any monthly payments becomes a matter for judicial review, WIFE
agrees to consent to any motion filed by HUSBAND with the bankruptcy courts, wherein he may
request that the bankruptcy courts abstain from deciding the dischargeability of this obligation
and any other obligations to him hereunder in order to allow the appropriate Court of Common
Pleas to rule upon this issue.
ll.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
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but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND
waives all right, title, and claim to any of WIFE'S employee benefits.
12.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may
have in the savings or checking or any other bank accounts of WIFE. Furthermore, HUSBAND
hereby agrees not to withdraw any funds from any and all joint bank accounts until he has
removed WIFE'S name from any and all joint debt accounts in accordance with Paragraph Ten
above, at which time he shall remove WIFE'S name from said acconnts.
13.
DIVORCE: The parties both agree to cooperate with each other in obtaining a fmal
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
14.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of legal fees and costs incurred by the other in enforcing their rights
nnder this Agreement.
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15.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
16.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, are fully understood by both
parties, and each party acknowledges that the Agreement is fair and equitable, that it is being
entered into voluntarily, and that it is not the result of any duress or undue influence. 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 or any other remedies provided by law or statute. Those remedies shall
include, but not be limited to, damages resulting from breach of this 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 pendente lite, counsel
fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in
effect and as amended or hereafter enacted.
17.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
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18.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
19.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
20.
PAYMENT OF COSTS: HUSBAND has agreed to pay for and shall be responsible for
the payment of that portion of WIFE'S costs and attorney fees in the amount of Four Hundred
and 00/100 Dollars ($400.00), incurred in the settlement of the divorce and economic issues
surrounding this divorce, and incurred to obtain a duplicate motor vehicle title for his 1994 Jeep
Wrangler and to transfer the same to WIFE.
2l.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
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acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
Jb~~
KANiA mTTEK
(SEAL)
~~
ANTH NYC.MATTEK
(SEAL)
STATE OF Notary Public. Bryan Cormty Georgia
iii COmmission Expires December 15, 2003
SS:
COUNTY A'i'!\'"---.------_
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PERSONALLY APPEARED BEFORE ME, this ~ day of fD ~ /
2001, a Notary Public, in and for the State of 4()'ltA , and County of
/3 ~ ' KANLAYA MATTEK, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that she executed the same for the purposes therein contained.
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STATE OF a~6
COUNTYOF (i/{JCtP6
SS:
PERSONALLY APPEARED BEFORE ME, this (If day of D~€rhlJer'
2001, a Notary Public, in and for the State of (f;l:;ode:" and County of
ElfJqSO , ANTHONY C. MATTEI(, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Settlement Agreement, and
acknowledges that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand
lcial seal.
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I ;;ii Carson, Co 80913
My (:ommission Expires
(Pi{ b 2003
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KANLAYA MATTEI(,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3781 CIVIL TERM
ANTHONY C. MATTEI(,
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:
I. Gronnd for Divorce: Irretrievable breakdown nnder Section 3301(c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon
the defendant, Anthony C. Mattek, on Jnne 28, 2000, by certified, restricted delivery mail, addressed to him at 19
HT MP BattaIion (CID) Unite #15304, APO AP 96205-0077, with Return Receipt Number Z 166670558.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent reqnired by Section 330l(c) of the Divorce
Code: by plaintiff: December 28,2001 ; by defendant: December 26, 2001.
(b)(l) Date of execution of the affidavit reqnired by Section 330l(d) of the Divorce Code:
(b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE,
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 330l(c) Divorce was filed with the
Prothonotary: Jannary 2,2002,
Date defendant's Waiver of Notice in Section 330l(c) Divorce was filed with the
Prothonotary: January 2, 2002.
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KANLAYA MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
ANTHONY C. MATTEK,
Defendant
2000-?:>7S/cIVIL TERM
IN DIVORCE
NOTICE
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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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KANLAYA MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-31f1 CIVIL TERM
ANTHONY C. MATTEK,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
AND NOW comes the Plaintiff, Kanlaya Mattek, by and through her attorneys, Irwin,
McKnight & Hughes, Esquire, and files this Complaint in Divorce against the Defendant,
Anthony C. Mattek, upon the cause of action hereinafter set forth:
1. The Plaintiff is Kanlaya Mattek, an adult individual residing at 329-A "F" Street,
Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Anthony C. Mattek, an adult individual currently stationed in
Korea with the military, with a mailing address of 19 HT MP Battalion (CID), Unit #15304,
APO AP 96205-0077.
3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least
six months prior to the filing of this action in divorce.
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4. The Plaintiff and the Defendant were married on February 9, 1990 in Hagerstown,
Maryland, and separated on or about January 1997.
5. There have been no prior actions' of divorce or for annulment between the parties.
6. There were no children born to this marriage.
7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds
upon which this action is based that the marriage between the parties is irretrievably broken.
8. The Plaintiff avers that she has been advised of the availability of counseling and
that said party has the right to request that the Court require the parties to participate in
counseling.
WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the
two parties.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
Date: June 020 ,2000
By:~~i~
Dougl G. Miller, squire
Attorney for Plaintiff
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 83776
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VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by my counsel and me in the preparation of this action. I have read the statements made in this
Complaint and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
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KANLAYA MATTEK
Date: June O?O ,2000
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KANLAY A MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- (37 i/ CIVIL TERM
ANTHONY C. MATTEK,
Defendant
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the 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 counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: June 20 , 2000
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KANLA Y A MATTEK
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KANLAYA MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3781 CIVIL TERM
ANTHONY C. MATTEK,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
NOW, Douglas G. Miller, Esquire, being duly sworn according to law, does depose and
state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Anthony C. Mattek, on June 28, 2000, by certified, restricted delivery mail, addressed to him at
19 HT MP Battalion (CID) Unit #15304, APO AP 96205-0077, with Return Receipt Number Z
166670558.
3. That the said receipt for certified mail is signed and attached hereto and made a part
hereof.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities.
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DOUG S G:MILLER, ESQUIRE
Attorney for Plaintiff
Date: January 2. 2002
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KANLAYA MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3781 CIVIL TERM
ANTHONY C. MATTEK,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on June
20, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
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.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date:
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KANLAYA MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3781 CIVIL TERM
ANTHONY C. MATTEK,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
nnswom falsification to authorities.
Date: /;) P <[ IfJ I
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AMATTEK
Plaintiff
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KANLAYA MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3781 CIVIL TERM
ANTHONY C. MATTEK,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June
20, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date ofthe filing of the complaint.
3. I consent to the entry of a final decree in divorce.
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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
Date: December 26. 2001
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ANT
Subscribed arid Sworn to before me
a notary public on this ~ day
of' ~M4~~L ,20EL.
by 1';I;Jvl{~
My coml'!'lission Expires
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A Noncommissioned Officer of the US Army
Judge Advocate General's Corps with the
General powers of the notary public under
Title 10, U,S,C. Sect 1044A
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KANLAYA MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3781 CIVIL TERM
ANTHONY C. MATTEK,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
nnswom falsification to authorities.
Date: December 26. 2001
HONY C. MATTEK
De endant
Subscribed and Sworn to before me
<lnoti;lry public on this 20 day
of 20
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A Noncommissioned Officer of the US Army
Judge Advocate Generai's Corps with the
General powers of the notary public under
1itle 10, \],S,C. Sect 1044A
My Commission Expires
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KANLAYA MATTEK,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-3781 CIVIL TERM
ANTHONY C. MATTEK,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the 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 counseling prior to a divorce decree being handed down.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: December 26. 2001
Subscribed and Sworn to betore me
a notary Pllblic on this zt, day
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A Noncommissioned Officer 01 the US Army
Judge Advocate General's Q,orps with the
GenerafpOwers of the n~tary public under
T1tie 10, U,S,C, Sect 1044A
My Commission Expires
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE:
January 2, 2002
DOCKET NUMBER: 2000-3781 Civil Term
PLAINTIFF~ SS# 188-52-3598
NAME: Kanlaya Mattek
DEFENDANT~ SS # 388-70-9913
NAME: Anthony C. Mattek