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HomeMy WebLinkAbout97-05731 '" ~ It ~ "" 3 u ~ ...c.. 't cE (' ~ ...... . , .~ ~ ...... C'C') ~ '0() ~ <:t-- ~ ~ ~ .~.~,~.~*~.,~*.~.~.*.~.~.~,.*.,~.~.*.~..~,~.~..~..~.~.~.~*-~~ ~! - --- "... - - .- .. ,,- ..-. -- -''-- liil ~'. l~ . \ i. ~. IN THE COURT OF COMMON PLEAS I~ ~; i~ -",1 I., ~ ~ ~ -.. - -- - ..-- -. ~~ .ao;. .:.:. .:.:. .:.;. ,..' "_..' .:.:. .:.:. ~I ~( ~I "'/ ~l ~ -, ~ ~ ~ ~ 8 .;, .., ~ '" ~ 8 ~ ~ ~ ... ~ ~ ~ '" $ ~ 8 8 . . , . . . :., I; . ..." --,,--~-- ,.' ':+:' ".:' ,*' ..' ~ - -- M) i s, ~I : i ~I' ~ ~i ~I .;, '" OF CUMBERLAND STATE OF ;fac~i~~'.. ! ~;! ~, -\ '~<I!"~';;':{ COUNTY PENNA. KIMBERLY 0, MATTHEWS, Plaintiff 1\ II. 97-:57.3~. .~ ~, \' 1'1'.,,11.-; ~ SCOTT A, MATTHEWS, Defendant .~ ~ 8 DECREE IN DIVORCE z.,,,u AND NOW, """",. ./J1f1!'.e!?", ,z.,'i~. " laJQc...",. it is ordered and decreed that """'" ,~Ir:IB,E,R~Y. ,D., ,MAT,T~EWS, , , , , , , , , , , , " , '. plaintiff, and, " " " " " . " " "S!=()~T, A." MAT:rHEWS" " " . . " . " " "', 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 attached Separation and Property Settlement Agrement ,_.....,..........,....,............,.......... ,....."... .., ..... ..... Of d.a,ted, ,N~vem,ber 1.5",199,9" is ,iC!;:orPor<tt,eq, , ""J.t;1:I9!J.t ,me.r,ger,. .here.in, fly h C/l;;! Aile;' ~ .:.:- .:.:. .:.;. .:.;. .:+;. .:.;. .:.;. .:.:. .:.:. <+;, -:+;. -:+:. -:.:. ~ ~ ~ ~ ~ ill $ ~ ~ .'. I) 8 ~ ~ f~ ~ 8 M l~ ~ ~ ~ ~ " ~ J. . , .. ' , " 3. C) ,1. tv &d. ~ff, ~/ ~ .4 tVd__ 3~9'Cid 7!~ IH~ z4 ~~ .. . . I. .. M.d..RRlA!ie. S.E.TTLEMENT AGREEMENT THIS AGREEMENT made this t1! day Of;J~,.", 1999, by and between KIMBERLY D. MATTHEWS, (hereinafter referred to as "WIFE") and SCOTT A. MATTHEWS, (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February I, 1992, in Landisburg, Pennsylvania, The parties hereto agree and covenant as tollows: 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 contorms to ajust and right standard, with due regard to the rights of each party, It is the intent of the parties that such division shall be final 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. , . J, Further, th.: parties agr.:e to continue living separately and apart from th.: other at any place or places that he or sh.: may select as they have heretofore been doing, Neither party sholl 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 os 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, The adequacy of the consideration for all agrerments 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: (I) HUSBAND is represented by counsel of his own choosing, namely Mark D. Schwartz, Esquire of Irwin, McKnight & Hughes; WIFE is represented by coun~el of her own choosing, namely Matthew], Eshelman, Esquire; (2) is fully and completely infonned of the facts relating to the subject mailer of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given carp.ful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and 2 (6) fully and complctdy undcrstands cach provision of this Agrecmc:nt, both as to thc subject mailer and Icgal effect. This Agreement shall become effective immediately as of the date of cxccution. s. It IS the purpose and intent of this Agreement to scllle forever and completely the interest and obligations of the parties in all property that they own separately, alld all property that would qualify as marital property under 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 iri a manner that confonns to 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 PeMsylvania 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 lor 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 Propcrty without the prior conscnt of thc olher, 3 Each Party acknowlo:dges that, to the extent desired. he or she has had access to all joint and separate State and Federal Ta:'( 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 the WIFE. WIFE will not provide any financial support to the 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 malter, 8. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND, HUSBAND likewise waives any interest which he has in the personal property of the 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 the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarried. 4 9, AUTOMOBILES: 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 hannless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be soldy responsible for all insurance and other financial responsibility associated with said vehicle, HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, 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 financial responsibility associated with said vehicle, 10. MARITAL DEBTS: It is mutually agreed by and between the parties that 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 funher represents and warrants to HUSBAND that she 'wiil 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 save HUSBAND hannless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 5 HUSBAND shall assum,: allliahility lor and pay and indemnitY the WIFE against all debts incurrcd by HUSBAND alier the datc 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 indemnitY and save WIFE hannle:ss from any and all claims or demands made against her by reason of debts or obligations incurred by him, II. 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 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 b,enefits, and HUSBAND waives all right, title, and claim to any of WIFE's employee benefits, 12, BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive nil right. title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND, The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE, 6 , , HUSBAND shall assume all liability tilr and pay and indemnity the WIFE against all debts incurred by HUSBAND atkr the dale of separation, HUSBAND represenls 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 represent~ 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 save WIFE hannless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 11. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAl'ID or WIFE or any other employee benefits, including 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, The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE, 6 .. " 17, VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue inlluence, The provisions of this Agreement are fully understooa 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 inlluence. 18, 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, 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Conunonweallh of Pennsylvania, 20, 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. 8 COMMONWEAl.TH OF PENNSYLVA~IA : 55: COUNTY OF CUMBERLAND PERSONALL Y APPEARED BEFORE ME, this I('/lday of ~~R.. 1999. a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, KIMBERLY D. MATTHEWS. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlemem Agreement, and acknowledges that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my I Notarial Seal I Manhew J, Eshelman, Notary Public Camp Hili Boro. Cumberland County l ~,.,'. r;omm'SSion Expires Nov. 15. 1999 :.h.:l;l~ltr PJf'''a~I',anja Association 01 tJofarlo'J COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this JO~ay Ol~. 1999, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, SCOTT A. MATTHEWS, known to me (er satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement . and acknowledges that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 10 Nolarial Seal Belzi A. MOrriSon. NOlary Public Carlisle Bora. Cumber1and County MV Commission Expires Dec. 15,2000 Memeer. lJem~sylvanla Assocl8tlOll 01 Nolin... " '>- VI r= '-: c": "~ ?" , N ~~~:~ ~' ~ :::' ' '. , " " ,,",, r. l~ '!}' -I' .' 'il) .:: ......,. c..s J.. ,~ ,jaj L~_ C" ...;. ~1u.. . ;.::: t'. C::I :3 u a U KIMBERLY 0, MATTHEWS, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : vs. : No, 97-5731 : SCOTT A. MATTHEWS, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Plaintiff's SS' 160-52-5850 To the Prothonotary: Defendant's SS' 191-46-1353 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) J' JJ8l(J) (1) of the Divorce Code, (Strike out inapplicable section) 2, Date and Manner of service of the Complaint: Service by certified mail' P 224 575 130 delivered on November 1, 1997, See Attached Affidavit of Service. 3, (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of coneent required by S 330l(c) of the Divorce Code: by the Plaintiff Februarv 13, 1998; by the Defendant December 10, 1999 , (b) Date of execution of the affidavit required by S 330l(d) of the Divorce Code: ; Date of filing of the Plaintiff's affidavit upon the respondent: ; Date of service of the Plaintiff's affidavit upon the respondent: , 4. Related claims pending: Please incoroorate. without merqinq, the attached Prooertv Settlement Aqreement of the oarties into the Divorce Decree, Date: \-i),).~ 5, (Complete either paragraph (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 Plaintiff's Waiver of Notice in S 330l(c) Divorce was filed with the prothonotary: Februarv 19. 199& ; Date Defendant's Waiver of Notice in S 330l(c) Divorce was filed with ~7f/;fot,t!orr,otary: December 21. 1999 , qct II ._~ Matthew J Eshelman, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel. (717) 763-1800 Attorney for the Plaintiff .... '11 '>- ~;', ("; l- L. '-;: N ~)<.t; h....... < ,. :'-.)~~ ~ i (l- ."j~ (;1 ;, _;01'_ c:' .-"r .'0 N );:~ tJ C:Z (1.-: :..llIJ ,... ..r.."l: iJJel.. , -- a ~ "- a U 0 . K'I'r"\\:)cr\'j D. t'-IQ\-\l1t:.wS Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW ; NO. Sl~\ CIVIL 19c11 : CUSTODYNISITATION V . &'0\-\ A, MQHn~w.:, Defendant ORDER OF COURT AND NOW, this ~ day of ex \o'a> (' ,upon consideration of the attached complaint, It is hereby directed that the parties and their respective counsel appear before \-\")'cx-r\- 'f.., G, \ \0-../, e.~C\. 1 theconcillator, at~e l1'~ Fl Cm\fr-n\ e ~(\IY\h>rmtj (b fa ,.\\-.w:.,c' _ , on the S" day of lrr r>'K'\Cer, 1991 , at 10:00 A.M., for a Prehearlng Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or If this cannot be accomplished, to define and narrow the Issues to be heard the court, and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: 1(1\ ()~R:k -y, ~%, Custody Conciliator (itl) 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 FOR BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP, OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 '\.,' , , '~ 'I , , '" .... I '';:':''~ ....... It< Is \~ __-r . ".-.... ~ , - - rn '-< ~f\ '" -l'{1()c, ~... r- "O~c:- '~,<< " ~ " 0'< '- ~ i~ ~ ~! >> lf~ ~ <~ "'I ~ a':;:;; ~ SI. \D ~I ~ i l~ ~< ~ . . .. '" . PATRICK .: I.AUER, JR. Allo.ney al I.aw "108 ~t.t'''(t Slrest .. Adc!: BUilding IIIIA 17011 C"l1Iplll . 11111 7fJ\. I KUO . J' ~jOCT 2 II 1~'J7 ' , KIMBERLYD. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1'/ 'Y'13 f (Ii I'; L CIVIL ACTION - LAW IN CUSTODY VS. . . . . . . . SCOTT A, MATTHEWS, Defendant 'i ORDER Y.:lU, SCOTT A, MATTHEWS, Defendant in the above-captioned custody action, have been sued in court to obtain cuctody of the fcllowing children. Lacee M, Matthews and Dakota S, Matthews. You are ordered to appear in person at on the day of 1997, at _.M, for a Conciliation or Mediation Conference, a Pre-Trial Conference, a Hearing before the Court, If you fail to appear as provided by this Order, an Order for custody may be entered against you, or the Court may issue a warrant for your arrest, 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common pleas of Cumberland County is required by law to complr with the Americans with Disabilities Act of 1990. For informat on 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. FOR THE COURT. DATE. KIMBERLY D. MATTHEWS, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I 91, ~ 'J 11 C.<,,;c.J' f;,,- vs. I No, I SCOTT A, MATTHEWS, I CIVIL ACTION - LAW Defendant I 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 i important to you, including custody or visitation of your children, When the ground for the divorce is indignities or :1 irretrievable breakdown of the marriage, you may request marriage ,! counseling, A list of marriage counselors is available in the I Office of the Prothonotary at the Cumberland County Courthouse, I, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, J~WYER'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 ONCB. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TUB , OFFICB SBT FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL UBLP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 KIMBERLY D, MATTHEWS, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I (!,-,-; vs. I No. rN 'l' ,} J J l .'c-li... I SCOTT A, MATTHEWS, I CIVIL ACTION - LAW Defendant I IN DIVORCE COMPLAINT IN DIVORCB UNDBR SECTIONS 3301(c) or 3301(d) OF THE DIVDRCB CODB The Plaintiff, KIMBERLY D, MATTHEWS, through her attorneys, The Law Offices of Patrick F, Lauer, Jr" makes the following Complaint in Divorcel 1, The Plaintiff, KIMBERLY D, MATTHEWS, is an adult individual who currently resides at 45 Mare Road, Carlisle, Cumberland County, Pennsylvania 17013 2. The Defendant, SCOTT A. MATTHEWS, is an adult individual who currently resides at 45 Mare Road, Carlisle, Cumberland County, Pennsylvania 17013 3, The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint, 4. The Plaintiff and the Defendant were married on February 1, 1992 in Landisburg, Pennsylvania. , il COUNT I - DIVORCE 5, Paragraphs one (1) through four (4) are incorporated herein by reference as if set forth specifically below. , " Ii 6. There have been no prior actions of divorce or for 'I annulment between the partiee. 7. The marriage is irretrievably broken. " :1 B, The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling, :1 :1 9. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court grant the Plaintiff relief from the bonds of matrimony and order a Decree in Divorce. COUNT II - CUSTODY 10, Paragraphs one (1) through nine (9) are incorporated herein by reference as if set forth specifically below, 11. There are two (2) dependent children by this marriage as follows I Lacee M. Matthews d,o.b, May 1, 1992 d,o.b, June 15, 1994 Dakota S, Matthews 12. The Plaintiff seeks primary physical custody of all children born of this marriage as set forth in Paragraph Eleven (11) , 13, The minor children are in the custody of both Plaintiff and Defendant, 14, The Father of the children is the Defendant, currently residing at the above referenced address, Paragraph Two (2), 15, The Mother of the children is the Plaintiff, currently residing at the above referenced address, Paragraph One (1) , 16. During the past five years, the children have resided at the following address with the following persons I 6/93-present Plaintiff & Defendant 45 Mare Road Carlisle, PA 17013 Newville, PA Plaintiff & Defendant birth-6/93 17. Plaintiff and Defendant both reside with the following persons I Lacee M, Matthews and Dakota S, Matthews, 18, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court, 19, Plaintiff has no information of a custody proceeding concerning the children pending in a ~ourt of this Commonwealth. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 21, The best interests and welfare of the minor children will be served by granting the relief requested because I a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs; b. Plaintiff is willing to continue custody of the children. c. Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 22. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, The Plaintiff respectfully requests this Honorable Court grant the Plaintiff rights of majority physical custody and grant the Defendant rights of visitation, II COUNT III-EQUITABLE DISTRIBUTION I, !I II 24. Paragraphs one (1) through twenty-three (22) are I incorporated herein by reference as if set forth specifically I below, i I I 25, The parties have legally and beneficially acquired I property, both real and personal, during their marriage, I 26. The Plaintiff and the Defendant have been unable, as of I I ! the date of this Complaint, to agree as to an equitable division of , said property, WHEREFORE, the Plaintiff, KIMBERLY D, MATTHEWS, respectfully requests this Honorable Court to equitably divide all marital property and to enjoin it from being removed, disposed of, alienated, sold, or otherwise encumbered pending final hearing and settlement of all claims. The Plaintiff further requests the Court to incorporate any Stipulation reached by the parties regarding the division of marital property into the divorce deoreel or, should the parties fail to reach suoh an agreement, to equitably divide all marital property, Respeotfully submitted, t u (~ Datel Matthew J, E helman, Esquire Law Offioes of Patrick F, Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID' 72655 Tel, (717) 763-1800 " KIMBBRLY D. MATTHEWS, I IN THE COURT OP COMMON PLEAS OP Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA I VS. I No, I SCOTT A. MAT'l'HBWS, I CIVIL ACTION - LAW Defendant I IN DIVORCE VBRIPICATION I verify that the statements made in this Complaint 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, Datel l()/& /fl7 \ f Signatur,e I KIMBERLY D, MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 97-5731 CIVIL ACTION - LAW IN DIVORCE VS, SCOTT A, MATTHEWS, Defendant AFFIDAVIT OF SERVICB TO THE PROTHONOTARY I I, Matthew J. Eshelman, Esquire, verify that the Complaint in Divorce has he en served upon the Defendant indicated above by first class, Certified Mail No, P 224 575 130 postage prepaid, return receipt requested, pursuant to the requirements of Pa, R.C.P. 1930,4. i I J & I';;~~ Jf;; 7?'l.4~ /2~L ~.. fll 11;013 . " . . CompIeIe IIemI 1 lIl4'or 2 lot IddNorW ....... -Con1MI. tIInw 3..... 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If.-:., !:~CL. 1-:: :.c II. e:> ~5 G C> (.) ; I' ii 1, I , I I i I !I PLAINTIFF'S AFFIDAVIT OP CONSBNT ii UNDBR SBCTION 3301lcl OP THB DIVORCB CODB II 1 I 1. A complaint in divorce under Sl!ction 330l(c) of the Divorce Code was filed on October 17, 1997, 2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to request entry of the decree. KIMBBRLY D. MATTHEWS, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I vs. I No. 97-5731 I SCOTT A, MATTHEWS, I CIVIL ACTION - LAW Defendant I IN DIVORCE 4. I verify that the statements made in this affidavit are true and correct, I understand that faloe statements herein are made subject to the penalties of 18 Pa, C.S, S 4904 relating to unsworn falsification to authorities, , DATE I a. 13q ~) Signature: / . ~) -lrfll~(J- \P'/ 0 K er y ~ ttHews ,- <II >.. i..r: (,' ,-;. ,. . c OJ I c.J lJ I~-~ ;' .'1 : ~~ t2( , . - ~-) ~ "" fl.. . LL. i::j r' 1':" i',,! 1" 1 1:11.. -.-; ~.J .. ~" V.,} u: ~: LI.I Ie- ,.- U- ":5 '0, CD U 0' U KIMBERLY D. MATTHEWS, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff I VS. I No. 97-5731 I SCOTT A, MATTHEWS, I CIVIL ACTION - LAW Defendant I IN DIVORCE PLAINTIFF'S WAIVBR OF NOTICB OF INTBNTION TO REQUEST BNTRY OF A DIVORCE DECREB UNDBR SBCTION 330llcl OF THB DIVORCB CODH 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 if I 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, S 4904 relating to unsworn falsification to authorities, DATE l"::~ I)) (I f' Signature: " ..... en ..... 1:- c':, {-; .! C:J , _J~r UJ!.'_~ , )c n. -,- j. "j. f': .' Cl- i~; l... (JI-: ,!:C (1' <0 -,. ) ~.#~ '"'I' Etl.~ c.:, , liTl fO I.U ':L.l. II... " 11- C"l:) ::; 0 0' U (Q) Iffi ~ @ ~ IN! ~ lL KIMBERLY D. MATTHEWS, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I No, 97-5731 I I CIVIL ACTION - LAW I IN DIVORCE vs. i SCOTT A, MATTHEWS, Defendant I' DBFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 330llcl OF THB DIVORCB CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 17, 1997, i I 2. The marriage of the Plaintiff and the 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 of divorce after , service of notice of intention to request entry of the decree. ;1 4. I verify that the statements made in this affidavit are :,true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, S 4904 relating to !, :;unsworn falsification to authorities, " II 'I liDATE' ~ " ct-efA A&6;~ Scott A. Matt ews Signature I I, i' :' , , " I Ii j, " II '1 ...... (Y) '.- i.:-; .~ r-~ !..:.; " ; - ~ , " , :> . ~ , , , "'j , , ~ ('-J , , d ,. , , L ,-- c.. '" , ,. , <) , ' ~lnl~@~INl~lb KIMBBRLY D. MATTHBWS, I IN THB COURT OF COMMON PLBAS OF I CUMBBRLAND COUNTY, PENNSYLVANIA plaintiff I VS. I No, 97-5731 I . SCOTT A. MATTHEWS, I CIVIL ACTION - LAW Defendant I IN DIVORCB DBFENDANT'S WAIVER OF NOTICB OF IHTBN'rION TO REQUEST BNTRY OF A DIVORCB DBCREB UNDBR SBCTIDN 33011cl OF THB DIVORCB CODB i; 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 if I 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, 4. I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. S 4904 relating to unsworn falsification to authorities, DATEI~ d ..,tf~/lfIUC/' ~ 'l;ott A, Matthews Signature: >- C'} '>- (I; ..~:i ;.- - ; Q "':, , , ) , , .. ... ., ~ , - '.')~j " ~.'.? " , '1 ..', " L! c UfE t.. i C_: :j ;-, I./"I U . ~, ~) ~\ ':.:' ':<<, ':<<' 'lI ,ij i~ ( , PLEAS I: ~ 8 ~ ~ ~ ~ ~ ~ ij ~ ~ ~ ,~ .~.~.~.~~..~**..~.~.~.~.~.~.,~.~..~-~.~.~.~.~..~,.*.~.~.~ ~ - ~--,_.'~ ~ ,--,,~'" ~.. -- . . '. ~ IN THE COURT OF COMMON w': "'I ~) , , COUNTY OF CUMBERLAND STATE OF ~~~ \ V;.J'';'1 PENNA. ~l ~l ~; ~I ~1 ~ .. " KIMBERLY D. MATTHEWS, Plaintiff l\ (I, 97-5731 .. ~, \','1";.,\1,"'; ,;, ~ SCOTT A. MATTHEWS, Defendant [y:J.~ D~Q ~ A..)O+ c:'~1L/Y\ !! ~ ~ ~l ~l ~~ ~I ~ -, ~ ~ ~ ~ .. " DECREE IN DIVORCE AND NOW, ' , , . . , , , , ' , , , , , , , , ' , , , , , . , . " -W-.,."" it is ordered and decreed that, " , , , , , , Kll1~b~rl,y, 0,', ,Matth.ews .,."""",,", plaintiff. Scott A. Matthews and, , , , , , ' , . , , , , , , ' , , , . . , , , , , , , , , ' . , . , , , ' , , , , , ' , . . , . , , , , , , , " defendant, art! divorced from the bonds of motrimony, 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 attached Separation and Property Settlement Agreement ~ ~ '" ... .. " .,....,...,..,., ,.....,.,.""...."... ,."", ,. ,.., ". ~ ~ ~ .. !' ~ ~ a ~! ~I_;__.- ': ';-~__'_;_,_ ;---;','-,, : .. '" .'~ 'at. oX. '>>:. .>>;. .>>:' .:... .*, '..~' '.<<' .>>:. '~-' ':'.' . da.t,ed, N,o~emb,e.z: 15,'.,199,9,. is, ,incor,Ilora,t,E7d" ~i tho,~t, me,x:<:!er.l, ,h~~~in. ny The C U \I r t : !~ :~ J, I 'ij I, ~ ~ .. . .' 'M ':.:' ':.:' ,., ':.:' ':.:. '*, ... Allest: Prothonotary -:.:- .:.:. .:.:. .:.:. .:.:. -:.:. .:.:. .:.:. ':.:. .:.:. 8 8 8 l~ I ~ ~ ~ ~ ~ ~ I~ I" I~ I" (~ I' III !~ ~ ~ '- . MARRIAGE SETTLEMENT AGREEMENT TillS AGREEMENT made this t1! day Of~~ 1 ')I)C), hy KIMBERLY D. i\IATI'IIEWS, (hereinafter referred III .IS "WIFE") and :\1..\ TfHEWS, (hereinafter referred to as "IIlJSDA:'oiD"), n 0 c w and, ;betwoEn ( ~: I . J stOlT ~.A. " rl -II , . ' ~ " ~. . I ~ :;:\ '.1 ,1 -<, (~ ;.<. WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 1. 1992, in Landishurg, Pennsylvania. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separatc and penn anent domiciles and to live apart from each other, It is the intent and purpose of this Agreemenllo set forth Ihe respective rights and duties of the parties while they continue to live apart from each other. 2, The parties have attempted to divide Iheir matrimonial property in a manner which confanns 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 final and shall forcver 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, -'... .. #. .1, Funh~r, th~ puni~s ugr~.: to continu.: living separutely und upun Irom th~ oth~r at uny pluce or places thm he or sh.: muy sel~ct as they huve h~r~tofore been doing, Neither puny shull molest, harass, annoy, injure, threaten or interf~re with the other pany in any mailer whatsoever, Each pany may carry on and engage in any employment, prol'<:ssion, business or other activity as h~ or she may de~m ad\'isabl~ for his or her sole us~ and bendil. Neither pany shall interfere with the uses, ownership, enjoyment or disposition of any propeny now owned and not specified herein or property hereufter acquired by the other, 4, The consideration for this contract and agreement is the mutual bene tit to be obtained by both of the panics hereto and the covenants and agreements of each of the panies to th~ other, The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admilled by the panics, and the panies intend 10 be legally bound hereby, Each pany to the Agreem~nt acknowledges and d~clares that he or sh~, resp~ctively: (I) HUSBAND is represent~d by counsel of his own choosing. namely Mark D, Schwanz, Esquire of Irwin, McKnight & Hughes; WIFE is represented by counsel of her own choosing, namely Matth~w j, Eshelman, Esquire; (2) is fully and completely infonned of th~ facts relating to the subject matter of this Agreement and of the rights and liabilities of the panics; (3) enters into this Agreement voluntarily atier receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agrccm~nt; and 2 '. (6) fully and ~ompklely underslands ~aeh provisillnoflhis Agreem~nl. bolh as 10 the subj~~t mailer .lnd leg.11 d'1i:~t, This Agreement shall b~~ome d'1i:~ti\'C immeJiately liS of the Jate of exe~utiol1, 5, It is the purpose and intent of Ihis Agn:ementto sellle 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 under the Pennsylvania Divorce Code, Title 23, Se~tion 401(e), and that is reli:rred to in this Agreement as "Marital Property", as between themselves. their heirs and assigns, The parties have allempted 10 divide their Marital Propcrty in a manner thai cont{mns to a just and fair standard. with due regard to the rights of each Party, The division of existing Marilal Property is not intended by the panics 10 constitute in any way a sak or exchange of assets. and the division is being elfected 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 sellle forever and completely any obligation unde,' the Pennsylvania Divorce Code relating to spousal support or alimony, 6, Each pany 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 funher represents that he or she has made a full and lair disclosure of all debls and obligations of any nature lilr which he or she is ~urrenlly liable or may become liable, Each funher represenls and warrants that he or she has not made any gins or transli:rs lor inadequate ~onsideralion of Marital Property wilhout the prior wnsent of the other, J . I), AUTOMOBILES: WIFE hereby w,liws all right. title and interest in any vchide that HUS8AND ~urr~l1lly Ilwns or Illay own in the future, HUSBAND shall hllld WIFE harmless Illr any and all liability assodated with the use and purchase of any vehi~le he may own, and shall be solely responsible for all insuran~e and oth~r Iinancial responsibility assodatc:d with said vehicle, HUSBAND hereby waives all right, title and interest in any vchide that WIFE ~urrently owns or may IlIVn in the liuun:, WIFE: shall hold HUSIJAl'<D harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible tor all insurance and other financial responsibility associated with said vehide, 10, I\1ARIT AL DEBTS: It is mutually agreed by and between the parties that 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 HUS8A~D that she wiil not contract or incur any debtor liability after the execution oflhis Agreement. lor which HUSBA:o.;D or his estate might be responsible, WIFE shall indemnify and save HUSBAND hannless Irom any and all daims or demands made against him by reason of debts or obligations incurred by her, j ~ HUSBAND ,h,,1I "SSUI1l~ "lIli"hility tilr ;lI1d p"y and ind~mnify lh~ WIFE against all d~bts in~urred by IIUSBAND ali~r Ih~ ll"te or s~paralion, HUSBAND represents and warranls to WIF E Ihat since Ihe p;lrties' marital scparation h~ has not contracl~d or incurred any debt or liability for which WIFE or h~r est"l~ might h~ responsible and HUSBAND further represel1ls and warrants to WIFE that he will not contract or incur any debt or liability aller the execution of this Agreement, for which \\fIFE or her estate might be responsible, HUSBAND shall indemnitY and save WIFE hannless from allY and all claims or d.:mands made against her by reason of d.:bts or obligations incurred by him, II. INSURANCE AND EMPLOYEE BE~EFITS: The parties agree that any iiI'.: insurance policies on th.: life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing l'f 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, tith:, and claim to any of WIFE's employee benefits. 12. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive nil right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND, The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE, 6 . " , J1USIl,\ND shall aSSlll1l~ allliahilily ti,r and pay and ind~ll1nil)' lh~ WIFE ag,'insl all d~hls incurred h)' IIUSBAND alkr Ihe datc or s~paralion, HUSBAND repr~sents and warrants to WIFE that since the panics' marital separation he has not contracted or incurred any d~ht or liahility lilr which WIFE or h~r estate might be responsihle and HUSBAND further represents and warrants to WIFE Ihat he will not contract or incur any debt or liability atier the execution of this Agreement, li1r which WIFE or her estate might be responsibl.:, HUSBAND shall indemnifY and save WIFE hannless ii'om any and all claims or demands made against her by reason of debls or obligations incurred by him, II. 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 but not limited to rctiremcnt, protit sharing or mcdical b,metits of either party, shall be their own, WIFE waives all right, title and claim to HUSBAND's employee bene tits, and HUSBAND waives all right, title, and claim to any of WIFE's employee bene tits, 12, BENEFITS AND BANK ACCOUNTS: WIFE agrees to wllh'e all right, title and intercst which she may have in the savings or checking or any other hank accounts of the HUSBAND, The HUSBAND agrces to waive all interest which he has in the bank accounts of the WIFE, " '" ~ 13, INCOME TAX EXEMPTIONS FOR CIIILDREN: Th~ incl1m~ tn,~ ~xel11ption for the parti~s minor ehildr~n will b~ d~dd~d y~arly by agr~el11~ntof the parties, 14, DIVORCE: The parties both agr~~ to eoop~rat~ with each other in obtaining a linal divorce of Ihe marriage, It is agreed that th~ parties will execute and file the consents necessary to obtain the divorce, Any party who fails to cooperate with oblaining lhe Divorce shall pay nil the costs and legal fees of the party who is seeking the divorce, 15, BREACH: If either party breaches any provisions of this Agreement, the other party shall have Ihe 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 should be responsible lor payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16, 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 elrect to the provisions of this Agreement. 7 . :!1. PA YMENT OF COSTS: Till: parti~s agr~e to pay till' their own costs required to obtain und clll11plete the divorce, 22. 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 ull rights he or she may now huve or hen:after acquire, under Ihe present or future laws of uny jurisdiction, to shure in the property or the estate of the other as a result of the murilal relutionship. including withoUl limitalion, dower, curtesy. stututory allowance, widow's allowance, right to take in intestacy, righl 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, 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 lirst above written, WITNESSES: ( , SEAL) PA4~ SCOTT ,\. MATTIIEWS (SEAL) 'I . . CO:\!1\IONWEAI.T11 OF I'ENNS\'I.\'..\NI..\ ss: COUNTY ()f' CUMBERI.ANIl PERSONALLY APPEAREIl BEFORE !\IE, this /)-tHday of Ah.x:M~R- 1999, a Notary Puhli<:, in ,md l(lr th~ CllInmon\V~alrh of P~nnsylvania and County of CUll1h~r1and, KIMBERLY D. :\IA TTHEWS, known to me (or satisfactorily proven) to be the p~rson \\'hos~ nam~ is sul>sc: ib~d to Ih~ within Marriage Sellkmem Agreement, and acknowledges that she ex~eut~d the same lllr the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my NOlarlal Soal "tmhpw J. Est16lmfll1. Notary Public l' <1:-' If' HIll Bo~u, Cumberland County i ',.1, "("l,pj':;Slnf1 bpl1t'ls Nov. 15.1999 ... ;-.~~"';j '~:I;'ll/lnIJ As:;oclaUon 01 NOlaril1'i cial seal. COM!\IONWEAL TH OF PENNSYL VANIA COUNTY OF CUMBERLAND SS: PERSONALLY APPEARED BEFORE !\IE, this P~ay Ol~. 1999, a Notary Public, in and for the Commonwealrh of Pennsylvania and County of Cumberland. SCOTT A. MATTHEWS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Selllement Agreement . and acknowledges that he executed the same for th~ purpos~s th~rein contain~d, IN WITNESS WHEREOF, I have h~r~unto s~t my hand and ofticial seal. 10 Notarial Seal Dew A. MOllison. Notary Public Calli;::l\) Bora, Cumberland COUllty MV Corl,mlssion E.JlpiroS Dec. 15, 2000 M.)mt;..r. l'el':-,,;,I':ilniJ Assoc!ation 01 Notaries ~EC 11 1997 SCOTT A, MATTHEWS, Defendant ,IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA , ,CIVIL ACTION - LAW , 9'7-S7JI lNO, 95 4352 CIVIL TERM 'IN CUSTODY ICIMBERZ,Y D, MATTHEWS, Plaintiff V AND NOW, t"" this &' COURT ORDER day of December, 1997, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. re .~ Cl 1< . ,. I.' ,t' . ,.1 i,-l , {', - , , ' ~ ,J 1, ~ I ; I " .' , . i~ .~ld i ~~~ .. j ~ ~ ." !~~~~ cn& .. III opt B ~~ .. i~1! !l! ~fi~~B r ~ 1! · . i "'I; 1~~2= . . ~ ~ i ! i e: l:l l> H !-< a . H ~ U'" ~ !:l ~ p., ~~ ! 'I ~ . ' " '. . ' lAW"" 1( ", . ,lIiN I -1199Spb , / " ,~.., /; . ,,' ,. I'. . )'l" -' '''''1. . I" ,.., _"(,/''''.1 (_FI"-;/~"j . KIMBERLY D, MATfHEWS, RESPONDENT : IS THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, P.:NNSYL VANIA : v. NO. 97.S7JI CIVIL scorf A. MATfHEWS. PETITIONER IN CUSTODY ORDER OF COURT AND NOW, this \ L\ day of \ I \...., II "L, 1998. upon consideration of the attached petition, i! is hereby directed that the parties and their respective counsel appear before \-~\~'C\- ,/, l-, \\ "'1 ' Esquire, the conciliator, at \I.~ 4"'Flc-(\~'ln\\,"Qn, ( '''''''I h',\ (0 I" cl!>1i'c. on t e _ day of . 199~ at_, M, for a Pre. Hearing Custody Conference, At such conference, an eOort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at this conference may provide grounds for entry of a temporary or permanent order, By the Court, By:-'-Kt\W!).1 ~x. ,~~\ ~D'-\ f."'6" f '1\t~ . Custody Conciliator (~ j\J 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 CA.'I/ GET LEGAL HELP. Court Administrator Cumberland County Courthouse I Courthouse Square, 4th Floor Carlisle. Pennsylvania 17013 (717) 240-6200 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 busincss before the court, You must attend the scheduled conference or hearing, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, P~NNSYLVANIA NO. 97-5731 CIVIL KIMBERLY D. MATIHEWS, RESPONDENT SCOTI A. MA TIHEWS, PETITIONER IN CUSTODY PETITION FOR CUSTODY AND NOW, comes the petitioner, Scott A, Matthews, by and through his attorneys, Irwin, McKnight & Hughes, and files this Petition for Custody making the following statement: I, The Petitioner is Scott A, Matthews, an adult individual residing at 45 Mare Road, Carlisle, Pennsylvania 17013, 2. The Respondent is Kimberly D, Matthews, an adult individual residing at 3703 Enola Road, Carlisle, Pennsylvania 17013. 3. The parties are the parents of Lacee M, Matthews, born May 5. 1992, and of Dakota S, Matthews, born June IS, 1994.. 4. Petitioner, Scott A, Matthews, is the natural father of Lacee M. Matthews and Dakota S, Matthews, S. Respondent, Kimberly D. Matthews, is the natural mother of Lacee M. Matthews and Dakota S. Matthews, 6. Since the birth of the parties' children and continuing until December 27, 1997. the children have been in the shared custody of both Petitioner and Respondent. 7. Beginning on December 27, 1997, Respondent began residing at her current address as stated in paragraph two (2) above, and at that time took primary physical custody of the children, 8, The Petitioner believes and therefore avers that the best interests of the children would be served if primary physical custody be exercised by the Petitioner. with periods of partial physical custody exercised by the Respondent. WHEREFORE, the Petitioner respectfully requests that this Honorable Court enter an Order granting primary physical custody of the parties' minor children to the Petitioner, with periods of partial physical custody exercised by the Respondent as this Honorable Court deems appropriate, Respectfully submitted IRWIN, McKNIGHT & HUGHES B an lei . DeArment, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court 1.0, No: 77946 Date: January ,a... 1998 Attorney for the Petitioner, Scoll A, Matthews ~~ ~ I! I ~~~~ ... '" ~ I'l g .. .} ... i~!~~ ... !J) , ~ I · ; li ... B t; z . j! ... . .. ~ ~. IE ~ . = r ~ i ~ ~ !~ ~~~~B l "" ~ ffi ,.. e. l!l ~ ~ i ~ ~ e~ ! ~~~ . , .... Q I> '"' ; iii ~ .... ~U~ ~ . tl , J a: ~ "" 'I ~ ~~ ~ ~ ~ !J) . ' , I ~ ,... ';.!I , I,' I " . 1;1~'..n, . /1. /::,';~:/,~/ (t.. '<<;;,1;.J I 1 .lAI\ I -1 1998 fj) ': i KIMBERLY D. I\IA TTHEWS, RESPONDENT : IN THE COURT OF COM~ION PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-5731 CIVIL SCOTT A. I\IA TTHEWS, PETITIONER IN CUSTODY ORDER OF COURT Ai"'lD NOW, this day of ,1998, upon consideration oftbe attached petition, it is hereby directed that the parties and their respective counsel appear before , Esquire. the conciliator, at ,on the _ day C'f ,1997, at_, M, for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme and narrow the issues to be heard by the Court and to enter into a temporary order, All children age five or older may also be present at the conference, Failure to appear at this conference may provide grounds for entry of a temporary or permanent order, By the Court. By: Custody Conciliator YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHO:-olE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA."'l GET LEGAL HELP. Court Administrator Cumberland County Courthouse I Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 Ai\lERICA."'lS "lTH 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 conl~ct our oftice, 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, . - ' ' -', ' ~ ' ' , ' KIMBERLY D. MATTHEWS, RESPONDENT I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97.5731 CIVIL SCOTT A. MATTHEWS, PETITIONER IN CUSTODY PETITION FOR CUSTODY AND NOW, comes the petitioner, Scott A, Matthews, by and through his attorneys, Irwin, McKnight & Hughes, and files this Petition for Custody making the following statement: I, The Petitioner is Scott A. Matthews, an adult individual residing at 45 Mare Road, Carlisle, Pennsylvania 17013, 2, The Respondent is Kimberly D. Matthews, an adult individual residing at 3703 Enola Road, Carlisle, Pennsylvania 17013, 3. The parties are the parents of Lacee M, Matthews, born May 5, 1992, and of Dakota S, Matthews, born June IS, 1994.. 4, Petitioner, Scott A, Matthews, is the natural father of Lacee M, Matthews and Dakota S, Matthews, 5, Respondent, Kimberly D. Matthews, is the natural mother of Lacee M. Matthews and Dakota S, Mdtthews, . C1, Sin~e Ihe hirth of the partie~' children und continuinll until Decemher 27, 1997. Ihe children have heen in the ~hared custody ufhoth Petitioner uml Respondent. 7, Beginning on December 27, 191)7, Re~pondent hellUn residing at her current address us stated in paragruph two (2) ahove, and ut thuttime took primary physical custody of the children, 8, The Petitioner believes and thereliue avers that tile best interests of the children would be served if primary physicul custody be exercised by the Petitioner, with periods of partial physicul eustlldy exercised by the Respnndenl. WIIEREFORE. the Petitioner respectfully reljuests tbat this I [onorable Court enter an Order granting primary physical custody of the purties' minllt children 10 Ihe Petitioner, with periods of purtial physicul custody exercised by tbe Respundent us this lIonornble Court deems appropriate, Respecttillly subl1lilled IRWIN, !\IeKNIGIIT & 1I1'GHES B' ) IInle \ . DeArment, ESljulre tlO West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme ('uurt 1.0, No: 77946 Date: January ,a.., 1998 Allomey Illr the Petitioner, Scott A, Mallhews . KIMBERLY D.MATl'm:WS, RESPONIlENT IIN 'I'm: ('OlJltT OF COMMON PLEAS OF I ClI:\lIIt:IU..\NIl COUNTY, Pt:l'iNSYLV ANIA I I NO. 97.~7JI CIVIL I I IN <:USTOIl\' I v. SCOTT A.I\IAl"l'm:ws. PETITIONER ORIlt:lt OJ" COURT ANIl NOW,lhi~ _____ IIuy Ill', _ _____.____., 1998, upun consideration of the allnchell pctilllln. II i. hcrchy llircl'lcII 111111 lhc purtlc. unll thcir rcspcctlve counsel appear before , EKljllire, lhe cllnciliator, at ,Ilnllw___ _ __-' IIuy \If __._.__.______,1997, at _' M, for a Pre- Hearinll Cusllllly Confcrcllcc, AI slIch l'IlIlI'crcllcc, un cfli)rt will be madc to resolve the issues in dispute; or if Ihis canlllll hc IICCIllllpIlKhl'J, hI .Icl1nc 111111 lIurrllW Ihe Issucs 10 be heard by the Court and to enter into u tempornry Imlcr, All chllJrcnllllc I1w Ilr oldcr IIlIlY IIlsu be prcscnt at the conference, Failure to appcur lit Ihls conl'crcncc lIluy Ilrllvhlc IIr\lllllll. lilr cnlry of IItcmpurnry or pennanent order, By the Court, By: Cu.todY Conciliator YOU NIIOUI.U 'l'AIO: 'l'IIlS 1'.\I't:R '1'0 \'OUR LAWYER AT ONCE. IF YOU DO NOT I1A Vt: A I.A Wyt:R OR CANNO'l' A....ORIl ONE, GO 1'0 OR TELEPIIONE THE OFFICE SET .'ORTII IIt:1.0W '1'0 t'lNU OUT WIIERE YOU CAN GET LEGAL HELP. CIlurt Adllllnlstrntor Cumberlund COllllty Courthouse 1 Courth\lll.c Square, 4lh Floor Cllrlisle, Pennsylvania \7013 (717) 24().6200 AMEIUC,\NS WITIIIIISADlI.ITlES ACT OF 1990 The Court Ill' Cummon Plclls of Cumberland Counly Is required by law to comply with the ,\mcriclllll wllh IlI.nhlllllcl Act uf 19l)(), Fur infunnation nbout accessible facilities and reasonable lIccolllmodlltlons nvallnble 10 disabled individuals baving business bcfore the court, please contact our "mcc, AllllrTDnllCIllClIl1 musl be made nt least 71 hours prior to any hcaring or business before the CIlllrt, You mUa! allclld Ihe scheduled conference or hearing, . : \ , , ":', ...-t~4-- L",''', on-ICf:S II $":/11, vile .x~:?'1 d: ~?'(!J ... t ~. "'-'W' 'It T "II:" [~5. ~I. "'. ....".. ~," J 60 .....::5' PClM.~E:T SHHE:T C"~LlSU:, PE:NNSYl.,VA,NIA 170'J.3222 DARIEL W DlWlXENT ESQ IIlWIll t1CX1lIGBT & HUGHES 60 W POMFRET ST CA1ILISLE PA 17013 <..,.~.~..._h''''''~r...Ui.iJllt. ."'.. .. '\ ., 'I . . !, " ')' I ., " ,t , / , H..., . , , I \ \ I , . I,-c-'t" ......,'. orri::E:S 11 .}';,,;,'n, jl,. ,i~'1AI J: .Yt?ArJ v , "[',' .._..'~tf ~.;'(~~ -.;..~. ',.":.,,,.) eo II::S~ l'>Cl"H'iH:'" S"'~!:E:T ~"'~I..IS:"E: P!:N"'SYLVANf" ,'10' J._lllZ MATTHEW J ESIIELKAN ESQ LAW OFFICES OF PATRICK F LAUER JR 2108 MARKET ST AZTEC BLDG CAMP HILL PA 17011-4706 " ,';" ~ ~.' . ~. " '~ r .. :. ~ , , ,-'- ,.;-.......--..~ '4 KIMBERLY D. MATTHEWS Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 97.5731 SCOTT A. MATTHEWS Defendant :CIVIL ACTION. LAW :IN DIVORCE PRAECIPE TO: LAWRENCE E. WELKER, PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Scott A. Matthews. Respectfully Submitted, February 13, 1998 IRWIN, McKNIGHT & HUGHES ~~ ani . eArment, Es~ulre 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717)249-2353 Attorney for the Defendant Scott A. Matthews I.D. #77946 'I ... a, r:; ~ >-" .. }i u,>i ...:I 0". .'-- r-" 1-.-, lL. -)'-j 9L . '\ ~ M ", t!] ell -- ~--! ~:-. UJ' 1,',..-: _III C:_1 ,,'1111 i:i: .. LLI ~ t.l.:J... '" 1.0_ =1 It. ro 0 0' U ~ KIMBERLY D. MATTHEWS, RESPONDENT : IN TilE COURT OF COMMON Pl.EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97.5731 CIVIL SCOTT A. MATTIIEWS, PETITIONER IN CUSTODY PRAECIPE TO WITJIDRA W CUSTODY PETITION TO: CURTIS R. LONG, PROTIIONOT ARY PlellSe withdraw the Petition for Custody whieh was filed on behalf of the Petitioner on January 12, 1998 in relation to the above-captioned mailer. Date: January 15, 1998 Respectfully submitted, IRWIN, McKNIGHT & HUGHES ~'~ : /1Z: .) ~DeA ment,Esqure ' Supreme Court I. D. No. 77946 60 West Pomfret Street CarlIsle, Pennsylvania 17013 (717) 249-2353 Attorney for Petitioner, " lieott A. Matthews c CERTIFICATE OF SERVICE I, Daniel W. DeArment, do hereby certify that lam this day serving a true and correet copy of the foregoing Praecipe to Withdraw Petition for Custody upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid and addressed lIS follows: Matthew J. Eshelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hili, Pennsylvania 17011-4706 IRWIN, McKNIGHT & HUGHES By Date: January IS, 1998 Danle eArment, Esquire 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Supreme Court 1.0. #: 77946 Attorney for the Petitioner, Scott A. Matthews -.. IJI (I: a.r: I.,; , , , 111\ , c-.J .' , )~ , " II: I .'. .:... j ('-1;- .. " In I:' , . L L. ~ , . " ~ ~ll t .. ;Jf2 "-' ...,. i' 11. ("q :::> 0 Ci\ U " . '.