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HomeMy WebLinkAbout98-01678 I :1 I J j I ~ '" ~ q; \:'- . ~ ~ ~~ III \l ~ ~. "" ~ ) ! ,tj J f . it' /' j- ~ ' r ... ~ - , . .:;) ~ ~ t-... ~ ....... l I I I 0..1 ~I ~I ! . , -~-~~-~---*-~--'~~.*~*-*~-.:~:~:-~,,:!~..~~-~::~ ~..._.,~'~'V~~' '~" , -, . ,.. "'" '" '..' . . ... . . , "" ". .....,~ .. ,~, . '..~. ~.. ." "'~'.V.. . . ;. " ~ ~ ~ ~ ;. .' ~ ~ ~ ,;, " IN , , THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. KIMBERLY MATTESKY N () ,..9B.~ 167,8....,..... 19 8 V"I'.HI.'1 8 ROBER~' L, MATTESKY 8 ~ ,Ii ~ " " " " " " ~ II 8 ~ ~ * ... 8 . ~ " ~ i:i " ~ ~ ~ .< ~ ~ / DECREE IN DIVORCE AND NOW, .......... ~~~k ..I.t~." n. 2000, it is ordered and decreed that.,.. .KIMBERLY MATTESKY.."..,...,..,..,..""" plaintiff, ROBERT L. MATTESKY and. , . , . . . , . . . . , , . . , , . , . . . . , , . . . . . . . . . . , . . , . , . . , . . . . . . . . , . . ., 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 yat been entered; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Property Settlement Agreement " made' iilld' entered' int'-a 'bY' 'the r:,a:itJ.Eis on'SeptCimbor:5; . ;WW iiI'e ..incorPQratad,into,this,De.qree..by.referenqe.there~Q,.but,not, merged 'n 0 this Decree. 8 ~ ~~.~......- ,~ .ar:. '*, 'lIo:' Pl'Olhonola,'y ,', ~ I: "'- j~ .~~~----.._~,~,~"~~.*~.~._w~*_ J, . 8 ~ ~ " 8 . ,', ~ 8 ,.~ ~ i, * ,', ~ w '.~ ~ .' ~ '.' ~ .,"1 ~ ',' I'" ,', ~ ,', i!j ,'~ ~ ~ '. w ',~ .. w '.~ ,', ~ ~ \ '.~ , ,', ~ ,,~ I ~ , ~ I " W '.' , ,', ~. * i~ ',' ,', ~ l~ i ,\ ',' I~ I" , ~ , , I'" ., ,', I~ ~ ',' ~ , , , ., .~. , . '" EROPEFU.Y SETTLEMENT AGREE.MENT ~..D\-tm 1'XY' THIS AGREEMENT, Made this ~ day of~,2000, by and between ROBERT L. MATTESKY, hereinafter referred to as "Husband", and KIMBERLY A. MATTESKY, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on January 22, 1994; and WHEREAS, one child was born of this marriage, namely, Zachary Mattesky born August 19, 1994; and WHEI~EAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from olie another, and are desirous, therefore, of entering Into an Agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Mark Schwartz, and Wife by her attorney, Susan Seighman, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all tlmell hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. !NTERFERENCE~ Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor In any way harass or malign the other, nor In any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. " , ' , , Wife agrees to pay the current balance owed on the Mortgage, Home Equity Loan and Commercial Credit Loan, Wife further agrees to hold Husband harmless on all such obligations of Wife. If any claim, action, or proceeding Is hereinafter Instituted seeking to hold Husband liable for such debts or obligations, the Wife will, at her sole expense, defend Husband against any such claim, action, or proceeding, whether or not well founded, and Indemnify him against any loss resulting therefrom, 6. CASH PAYMENTS: Husband agrees to pay Wife the amount of $750,00 in exchange for the receipt of certain Items of the parties' personal property within his possession. Husband agrees to pay 6 monthly installments of $125,00 on September 15, 2000, October 15, 2000, November 15, 2000, December 15, 2000, January 15, 2001 and February 15, 2001, Each payment shall be due and owing on the 151h day of every month. Husband shall have the option to pay $'l50,00 in full, which would further relieve him from making Installment payments towards said debt. 7, MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and diSCharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity arising out of this marriage, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. 8, EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa,C.SA Section 3501 ~. sea" and taking into account the following considerations: the length of the marriage; the fact that It is the second marriage for Wife and the first marriage for Husband, the age, health, station, amount and sources of Income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party In the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, . 3 - '-,. ~.. ,,- : t' " 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 marital property, The division of property under this Agreement shall be In full satisfaction of all marital rights of the parties, A DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently In his or her possession, with the exception of the gun cabinet which shall promptly be transferred to Wife's possession upon signing this Agreement and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto, The parties hereto have divided between themselves, to their mutual satisfaction, all Items of tangible and intangible marital property, Neither party shall make any claim to any such Items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, with the exception of the gun cabinet Which shall promptly be transferred to Wife's possession upon signing this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph, Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the Item is physically in the possession or control of the party at the time of the signing of this Agreement and, In the case of Intangible personal property, if any phYSical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing Is in the possession or control of the party, Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest In such benefits, From and after the date of the Signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after . 4 - . " marriage, and neither Husband nor Wife need join In, consent to, or acknowledge any deed, . mortgage, or other Instrument of the other pertaining to such disposition of property. B. PISTRIBUTION QF Rt;;AL E$TATE~ Husband agrees to transfer to Wife Immediately upon the signing of this Agreement, all of his interest In and title to their jointly-owned real estate at 315 Shed Road, Newville, Cumberland County, Pennsylvania, subject to a mortgage given to USDA-RHS in the current sum of $69,400 and a home equity loan given to First Plus Financial in the current sum of $25,000 in exchange for which Wife agrees to be solely responsible for the payment of all future mortgage and home equity loan payments. taxes, insurance and utility bills relative to said real estate. Wife covenants and agrees to pay and discharge the existing mortgage and home equity loan obligations on said premises in accordance with their terms, and agrees to Indemnify Husband from any loss, including attorney's fees, by reason of her default in the payment thereof and agrees to save Husband harmless from any future liability with regard thereto. In the event of any default of the home equity loan to First Plus, Wife agrees within sixty (60) days to refinance or list the marital home for sale, Wife acknowledges that she is responsible to clear the default and continue to make payments until the refinance or sale of the home occurs, Furthermore, Husband shall forthwith sign a Deed transferring his Interest in said property to Wife, which shall be held in escrow with Husband's attorney until Wife refinances the home equity loan debt Into her name or upon the sale of the property which satisfies the principal due and owing on the home equity loan, Within two (2) years from the date of signing thi!. Agreement. Wife shall take all steps necessary to refinance the home equity loan so as to have Husband's name removed from this loan, The time period within which Wife must refinance the home equity loan shall be extended beyond the initial 2 year period, unless Husband is adversely affected by remaining on the home equity loan, Adversely affected shall be defined as unable to secure financing because his name is listed on the home equity loan. Husband shall be considered unable to secure financing once he has sufficiently proven that there Is no alternative means through which he can secure financing after he has produced a copy of this Agreement to said financing institution, (wherein Wife has assumed sole responsibility for the home equity loan obligation and agreed to hold him harmless from any future liability with regard thereto), and has further completed any and all necessary forms that the financing Institution may require to obtain financing while at the same time remaining on the home equity loan. If Husband has met the above requirements after the initial 2-year period and is stili unable to obtain financing through that same institution, Wife agrees to refinance the First Plus Financial home equity loan into her own name or to list the property for sale within sixty (60) days of notification that Husband cannot obtain financing, Wife agrees to execute any and all papers, documents and statements that would enable Husband to secure financing without removing his - 5 - name from the home equity loan, if the papers, documents and statements are for the purpose of Indicating Wife's Intent to assume sole responsibility of the home equity loan and agreement to hold Husband harmless from any future liability with regard thereto, 9. PENSIONS, RETIREMENT BENEFITS, IRA'S AND 401 (k) PLANS Wife shali retain her Profit SharlngllRA and Husband agrees to waive ali of his right, title and interest to Wife's Profit Sharing/IRA and to sign any and ali documents necessary to enforce this provision. 10. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as foliows: (a) the 1988 Chevrolet Corsica shali become the sole and exclusive property of Wife free and clear of all liens and encumbrances; (b) the 1987 Chevrolet Suburban shali become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and (c) the titles to the said motor vehicles shali be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 11. ALIMONY: Husband agrees to pay Wife the sum of $77 per month for the support and maintenance of Wife. Such obligation for support to Wife shali commence at the signing of this Agreement and continue until the following two (2) years from the date of this agreement or until Wife dies, remarries or enters Into cohabitation with a person of the opposite sex, who is not a member of the Wife's immediate family within the degrees of consanguinity, whichever occurs earlier. Wife acknowledges and agrees that the provisions of this Agreement providing for the payment of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ablilty to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C,SA Section 3701, as amended, this Agreement, insofar as It pertains only to support for Wife or Husband and the payment of alimony following the entry of a final Decree In Divorce between the parties, may not be modified, - 6 - suspended, terminated, or reinstated at the Instance or request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or llontlnulng nature, or for any reason claimed by Wife or Husband whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony, Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek a modification, suspension, termination, relnstitution, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. 12. ALIMONY PENDENTE LITE, COUN$EL FEE.Q" AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing fm the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, with the exception of a breach of any term of this Agreement committed by either party in accordance with Paragraph 16 of this Agreement. 13. INCOME TAX RETURNS: Husband and Wife agree that each party shall have the alternating right to claim their child, Zachary Mattesky, as a dependent for income tax purposes. It is expressly agreed that Husband shall claim Zachary as a dependent in the even numbered years and Wife shall claim Zachary as a dependent in the odd numbered years. 14. WAIVERS 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. 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, - 7 - 15, MUTUAL CONSENT DIVORCE: The parties agr'36 and acknowledge that their marriage is Irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pll.C.SA Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be institutod or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: A. If either party breaches any provision 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. B. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not Intend or purport hereby to Improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and In recognition of the general jurisdiction of Courts in Equity over agreements such as this one, C. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, . B - each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay, D. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, In any way whatsoever, or shall pay upon, or In consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to Initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It Is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. THIRl;> PARTY B!;.~EFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other Individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 18. TAX ADVICE: Both parties hereto hereby acknowledge and agree thai they have had the opportunity to retain their own accountant, certified public accountant, tax advisor, or tax attorney with reference to the tax Implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved In this Agreement. Further, the parties acknowledge and agree that their signatures to this: Agreement serve as their acknowll:ldgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 19. 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, that It is being entered into voluntarily, with full knowledge of the assets of both parties, and that It is not the result of any duress or undue Influence. The parties acknowledge that they have been furnished with all - 9 - Informi:ltion relating to the financial affairs of the other whlc:h has been requested by each of them or by their respective counsel. 20. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property In lieu of and In full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.SA Section 3501 et. seq,. or any other laws, Husband and Wife each VOluntarily and intelligently waive and reiinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 2'1. DISCLOSURE;: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22, MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: 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. " - 10 - , , I' ~ t;'") (; "~-l Z t"i .. :::).". l.lJ,n,. r2 r")';.:i (" )"~-' j}::; t;i ~~-. ."t.( : 1'''1 ~'~ :'c-)~ (IF' . .-~- "ro C~\~". (T\ ;-'(() ~J ~:; lJ,111. (l~ '_ '~ .:du! Cl. '1J(u l.'- -J~ t.u ~:l) f.l.. I' tlJ ..~1 ~:i c:> 'oj C.l () ,,.. . ffiQPERTY SETTLEM~T.MREEMfiliI ~J.)l-oYllxY THIS AGREEMENT, Made this ~ day of~, 2000, by and between ROBERT L. MA TTESKY, hereinafter referred to as "Husband", and KIMBERLY A. MA TTESKY, hereinafter referred to as 'Wife", WITNESSETH: and WHEREAS, Husband and Wife were lawfully married on January 22, 1994; WHEREAS, one child was born of this marriage, namely, Zachary Mattesky born August 19,1994; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will proVide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properl~1 advised by their respectiVe counsel, Husband by his attorney, Mark Schwartz, and Wife by her attorney, Susan Selghman, have come to the following agreement. NOW THEREFORE, In consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, SUccessors and assigns thereby, covenant, promise and agree as follows: 1. ,SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time chOose or deem fit. 2. INTERFERENCE;.; Each party shall be free from interference, authority and contact by the other, as fully as If he or she were Single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor In any way harass or malign the other, nor in any way Interfere with the peaceful existence, separate and apart from the other In all respects as If he or she were single and unmarried. , . . , ' Wife agrees to pay the current balance owed on the Mortgage, Home Equity Loan and Commercial Credit Loan, Wife further agrees to hold Husband harmless on all such obligations of Wife, If any claim, action, or proceeding is hereinafter Instituted seeking to hold Husband liable for such debts or obligations, the Wife will, at her sole expense, defend Husband against any such claim, action, or proceeding, whether or not well founded, and indemnify him against any loss resulting therefrom. 6. CASH PAYMENTS: Husband agrees to pay Wife the amount of $750,00 in exchange for the receipt of certain Items of the parties' personal property within his possession. Husband agrees to pay 6 monthly installments of $125,00 on September 15, 2000, October 15, 2000, November 15, 2000, December 15, 2000, January 15, 2001 and February 15, 2001, Each payment shall be due and owing on the 15111 day of every month. Husband shall have the option to pay $750.00 in full, which would further relieve him from making installment payments towards said debt. 7. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal repreoentatlves, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever In law or equity arising out of this marriage, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. 8. EQUITABLI;: DISTRIBUTJON OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.SA Section 3501 m. seq., and taking into account the following considerations: the length of the marriage; the. fact that It is the second marriage for Wife and the first marriage for Husband, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of eaclh of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, Insurance or other benefits; the contribution or diSSipation of each party In the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and 'Ihe economic circumstances of each party at the time the division of property Is to become effective. - 3 - , ,~ " 'I '" The division of existing marital property Is not Intendod by the parties to constitute In any way a sale or exchange of assets, and the division Is being effected without the Introducllon of outside funds or other property not constituting marital property, The division of property under this Agreement shall be In full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERlY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furniShings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible persona! property presently in his or her possession, with the exception of the gun cabinet which shall promptly be transferred to Wife's possession Upon signing this Agreement and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the Individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all Items of tangible and Intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now In the possession and/or under the control of the other, with the exception of the gun cabinet which shall promptly be transferred to Wife's possession upon signing this Agreement. Should it become necessary, the parties each agree to sign, Upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the Item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of Intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing Is in the possession or control of the party, Except as may be otherwise provided herein, HUsband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest In such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which Is In their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after . 4 - marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property, B. DISTRIBUTION OF REAL ESTATE: Husband agrees to transfer to Wife immediately upon the signing of this Agreement, all of his interest in and title to their jointly. owned real estate at 315 Shed Road, Newville, Cumberland County, Pennsylvania, subject to a mortgage givon 10 USDA-RHS in the current sum of $69,400 and a home eqUity loan given to First Plus Financial in the current sum of $25,000 in exchange for which Wife agrees to be solely responsible for the payment of all future mortgage and home equity loan payments, taxes, insurance and utility bills relative to said real estate. Wife covenants and agrees to pay and discharge the existing mortgage and home equity loan obligations on said premises in accordance with their terms, and agrees to Indemnify Husband from any 10BB, including attorney's fees, by reason of her default in the payment thereof and agrees to save Husband harmless from any future liability with regard thereto. In the eVent of any default of the home equity loan to First Plus, Wife agrees within sixty (60) days to refinance or list the marital home for sale. Wife acknowledges that she Is responsible 10 clear the default and continue to make payments until the refinance or sale of the home occurs. Furthermore, Husband shall forthwith sign a Deed transferring his Interest in said property to Wife, which shall be held in escrow with Husband's attorney until Wife refinances the home equity loan debt into her name or upon the sale of the property which satisfies the principal due and owing on the home equity loan. Within two (2) years from the date of signing this Agreement, Wife shall take all steps nec~)ssary to refinance the home equity loan so as to have HUsband's name removed from this loan. The time period within which Wife must refinance the home equity loan shall be extended beyond the initial 2 year period, unless Husband is . adversely affected by remaining on the home equity loan. Adversely affected shall be I defined as unable to secure finanCing because his name is listed on the home equity I loan. Husband shall be considered unable to secure financing once he has sufficiently I proven that there is no alternative means through which he can secure financing after he I has produced a copy of this Agreement to said financing institution, (wherein Wife hall I assumed sole responSibility for the home equity loan obligation and agreed to hold him ~ harmless from any future liability with regard thereto), and has further oompleted any and all necessary forms that the financing institution may require to obtain financing while at ' the same time remaining on the home equity loan. If Husband has met the above f requirements after the initial 2-year period and Is still unable to obtain financing through that same institution, Wife agrees to refinance the First Plus Financial home equity loan ',,;, into her own name or to list the property for sale within sixty (60) days of notification that I Husband cannot obtain financing. Wife agrees to execute any and all papers, doouments aod 'Iot'menl, Ihal wo,~ "abla "",band 10 .",'" 'nan.n, wlthaol <em"ln, hi. ~. - 5 - name from the home equity loan, if the papers, documents and statements are for the purpose of indicating Wife's intent to assume sole responsibility of the home equity loan and agreement to hold Husband harmless from any future liability with regard thereto. 9. J:ENSIONS. RETIREMENT BENEFITS, IRA'S AND 40111<) PLANS Wife shall retain her Profit Sharing/IRA and Husband agrees to waive all of his right, titie and interest to Wife's Profit SharingllRA and to sign any and all documents necessary to enforce this provision. 10. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as foliows: (a) the 1988 Chevrolet Corsica shali become the sole and exclusive property of Wife free and clear of all liens and encumbrances; (b) the 1987 Chevrolet Suburban shali become the sole and exclusive property of Husband free and clear of all liens and oncumbrances; and (c) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 11. ALIMONY: Husband agrees to pay Wife the sum of $77 per month for the support and maintenance of Wife. Such obligation for support to Wife shall commence at the signing of this Agreement and continue until the following two (2) years from the date of this agreement or until Wife dies, remarries or enters into cohabitation with a person of the opposite sex, who is not a member of the Wife's immediate family within the degrees I of consanguinity, whichever occurs earlier. Wife acknowledges and agrees that the provisions of this Agreement providing for the payment of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties, Although the approval of this Agreement by a court of competent Jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shali be deemed an order of the court and may be enforced as provided in 23 Pa,C.SA Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife or Husband and the payment of alimony fOliowlng the entry of a final Decree in Divorce between the parties, may not be modified, - 6 - suspended, terminated, or reinstated at the instance or request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife or Husband whatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband for her support and maintenance of herself and for alimony. Husband and Wife further voluntarily and Intelligently waive and relinquish any right to seek a modification, suspension, termination, relnstltutlon, or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband. 12, ALIMONY PENDENTF. LITE. COUNSEL FEES, AND EXPENS.!:S: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth In this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, with the exception of a breach of any term of this Agreement committed by either party In accordance with Paragraph 16 of this Agreement. 13. INCOME TAX RETURNS: Husband and Wife agree that each party shall have the alternating right to claim their child, Zachary Mattesky, as a dependent for Income tax purposes. It is expressly agreed that Husband shall claim Zachary as a dependent In the even numbered years and Wife shall claim Zachary as a dependent In the odd numbered years. 14. WAIVERS 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 lawn 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. 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, - 7 - , , 15, MUTUAL Q9Ji$J;J:IT.DIVORCE: The parties agroe and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa,C,SA Section 3301(c), Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to fo/1hwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa,C,SA Section 3301(c), Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant In such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce, It Is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated In but shall not merge into any such jUdgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only, 16. BREACH AND ENFORCEMENT: -- A. If either party breaches any provision 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 Agreement shall be responsible for payment of legal fees and costs Incurred by the other in enforcing his or her rights under this Agreement. B, It Is expressly understood and agreed by and between Ihe parties hereto that this Agreement may be specifically enforced by either Husband or Wife In Equity, and the parties hereto agree that If an action to enforce this Agreement Is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of juriSdiction of said Court on the ground that there Is an adequate remedy at law, The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general juriSdiction of Courts in Equity over agreements such as this one. C, Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it Is specifically understood and agreed that for and In specific consideration of the other provisions and covenants of this Agreement, - 8 . each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay, D. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever; provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful In whole or in part, before there would be any liability for attorney's fees and costs of litigation. It Is the specific l;lgreement and Intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. THIRD PARTY BENEFICIARIEE!: Husband and Wife agree that It Is not their Intention In this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time In the future. 18. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountant, certified public accountant, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 19. 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, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and th~t it is not the result of any duress or undue influence. The parties acknowledge that they havEl been furnished with all - 9 - information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 20. 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, Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or her(l'jafter have against the other for equitable distribution of their property by any court of competent Jurisdiction pursuant to 23 Pa.C.S.A, Section 3501 m. sea, or any other laws, Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: It is understood and agreed that any and all propel1y settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. - 10 - , . n ,,0 0 c: '''' '11 '"11 i:!; ,~ '~r:l "l!" "'l:n flJl': ;., . r" ~ ." '" r~.) 'i,EJ ;.~' r (IJ.. 0"1 1(", r ~ l " il:.": ';"8 '. ~r ."""" ; it> :}:f) "In Q> '-) "'1 :0 :.., ,> , ,,.,. ~ ~) i-4. ] '" -... ",j !"I ~ ~r ~ d t ~ '-J W \J f ~ ~ .' n l() C"' lLl ~) -if. n -r)'!,', ""I, ri', t,'; !"" :;'J :d~!i! ';0 :i~l! . 'i' - '"I!] ,- ~ ~' (,,'0 ":IC:. .. l'" , -'.:\l'J t...., -0 '(c t'-~, =J~ ,-,.,/ C" (...l .~....C) ''..."1 .. C:;fTl '~'J r- ~f.j "'-;; ;....... ~,n -< 1 I, II 1\. ! i I. I I, t 1i II [" Iii () r: '. "'tJ ~, (/It!1 6; /1, tl~j " r::-;: . - ( n;: ::1 -<, c::. ,'> c.,", E~; ;--::. . .' 'I :.!'I ., "(1.) , , , . KIMBE.RL Y W.. TTES\<'Y, Plaln\\11 " IN i\"lE. COURi Of COMMON PLE./>'S " CUMBERL/>,NO CO\.lNiY, PENNSYLV/>,NI/>, : NO, 98.~678 : CIVIL />,CiION " IN DIVORCE 1/, ROBE,Ri L, M/>,TTES\<'Y, oelendan\ ..,..,.. oF OO'IC' 0' 101E1lt'0ll '0 REOUES' .""'" oF . oW""CE oEC'" UOO" se"""" ,,.,\" Of i\'lE oNORCE COOE ~, I ",",eo I . .'" eo" 01 , [,,"" <\Ocr" 0' OW"" ,,,,,,,,,. "",,, I """,,""" \h" I "" "" ,Igh" __""'~ ""..,. d."I," 01 ~0pe<\Y. I"'''' .." " "P""" ' I do ""I .,Im ",m "I", , "",mo "~",,, ,. ,''''',,'''''' ,"'. ,.. col'" "",,,d """ , -" .",,, " ,,,..,.. '" "" C"'" "" ,,,I , "'''' 0' "" d'o" ." " ",I \0 "" I_d."" "" , " .... .,n .. 2, Ill0\hono\af)' , , ,"'~ ""I .'" ",1'_" ""d' " \h" ,""," ," "'" ". "."t I """,,"''''' "'" ,,.. ,,,,,_,, ",,,,,, .' ""dO ,,,*,, \0 '" p,,,,,,.. 01 " ".C.S. ""'''' .... ".''''' \0 unsWOln lalsilica\lon \0 au\hOll\les, oa\e: Itl.:=., () 0 \ \ \ \\ ~ ) , i\ \ \} ~,~ ,'\ n c'.) , c C., " C") ..t} i \ CJ (nli ~..l #-;~ '.-{ u;> I., . r.:'.' (I) , c.; , '-1' , , 1.": . ~:::t~; :J i~...) .J -' ()\ 1/. n / r,lm J?':{.7)~~ A, n'\A'lft~.>,k'~, r/AiV7hFF {7, VB. :0J e~;,pr ~, VYIA (r~~)J. i I b'rf>rJ ["Ytn r IN 1'HE COUR'I' OF' COMMON PJ:,EAS OF' CUMIlERLAND COUN'I'Y. PENNSYLVANIA CIVIL ACTION - LAW NO. Qic;-I(p7r', CIVIL 19 IN DIVORCE STATUS SHEET ---~ -~: ~ ( ACTIVITIES: _~:~J ,.qq I.\J 0 l?i,z1ve~ :::N."i~.<~ Yr(~; ~e(lOy16)HICel/\; I fitS ~ ) ;;-.- . -.. ~~)l6~7I!:-f_<,~n~s - _ _ /.... .,).( I, i' Ii., '(. ' . '}',. . ) .., < ; I l t "., I.,. '.. _1 ~ ~;, <fL~J-J.~i1Y Y&. ~ f;, 0i1)fl', OQ~/11 ~/ S (1 j '\n~"~'\1 J., f',,-:~~~~~:v < vfu~Jr J,/#,fX) ~~L~ ~~~~ 1/V"--__ k/"j r.. ____ ~~)IIt".6M~J.:J__ ---.....----- --- --- --- '* OFFICI OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 I. Robert Elloker, II Divorce Masler Treel Jo Colller Office Manager/Reporter W..t Shore 697-0371 Ex!, 6535 March I, 1999 Robert 1.. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Rebeooa R. Hughes Attorney at Law IRWIN, MoKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 RE: Kimberly A. Mattesky vs. Robert L. Mattesky No. 98 - 1678 civil In Divoroe Dear Mr. O'Brien and Ms. Hughes: By order of Court of President Judge George E. Hoffar dated February 19, 1999, the full-time Master haB been appointed in the above referenced divoroe proceedings. A divorce oomplaint waB filed on Maroh 26, 1998, raising grounds for divorce of irretrievable breakdown of the marriage. No eoonomic olaims were raiBed in the complaint. Al though the motion for appointment of Master indlclltes that various economio olaims are pending, I will not issue a direotive for the filing of pre-trial statements until economio olaims, whioh the parties may wiSh to raise, are stated in an amended oomplaint, petition or oounterclaim. Consequently, I will allow counsel two (2) weeks in whioh to raise any economio claims they may wish to raise on behalf of thei;:- olients. I am also llsBuming that grounds for divoroe are not an issue in thiEl case and that if we prooeed on eoonomic olaims we will have either the oonsents of the parties or the separation of the parties in exoess of two years. If I do not hear from oounsel with respeot to the raising of economic claims and the obtaining of a divorce under Section " , . .' KIMBERLY A, MATTESKY, Plaintiff IN THE COURT 01' COMMON PI,EAS OF CUMBERI,AND COUNTY, PENNSY1.VANIA v, 98.1678 CIVIL TERM ROBERT L. MATTESKY, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Wednesday, September 8, 1999 Present for the Piai ntH f, Kimberly A. Mat tesky is Attorney Robert L, O'Brien, and present for the Defendant, Robert L. Mattesky is Attorney Marcus A. McKnight, III, Mr. McKnight is going to follow through with the matters that are going to be addressed in the pre-hearing conference memorandum with respect to appraisals and developing a proposal; however, if the case goes to trial, Mark Swartz, Esquire, will be the attorney from his office trying the case, Mr. O'Brien has no objection to a different counsel doing the trial. The parties were married on January 24, 1994, and separated March 14, 1998, Wife has a child, Amanda, who is eight years old, from a prior marriage. The part ies have a son, Zachary, who is four years old, Both of the children are in the custody of wife. A divorce complaint was filed on March 26, 1998, raising grounds for divorce of irretrievable breakdown of the marriage, Counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree prior to the hearing, A petition raising economic claims was filed on March 11, 1999, The petition raised the economic issues of equitable distribution, alimony, and counsel fees and costs. Mr. McKnight has indicated he wishes to resel've the right to present testimony on the factor of marital misconduct as that factor may affect wife's alimony claim. If the alimony claim proceeds to hearing, counsel should provide each other the list of witnesses that they intend to present on the conduct issue a month pr,ior to the hearing, Wife is 32 years of age and resides at 315 Shed 1 "'. -...j;>.'.'...., , Road, Newville, Pennsylvania, where she lives with the children, she is a high school graduate and works as an accounts clerk with Chapel Pointe, Her net bi -weekly income is $506,B1. she iB not receiving any spousal f.1upport or alimony pendente lite, She does receive child SUPPOI't from husband for zachary in the amount of $29,22 per week. Wife has not raised any health issues. Husband is 34 years of age and resides at 25 Water Street, Walnut Bottom, Pennsylvania, where he lives alone. He is a high school graduate and works as a laborer/truck driver for Snoke's Excavating & Paving, Inc. His net weekly income is $331.82, He has not raised any health issues, Wife had an IRA which was valued, as of December 31, 1997, at $14,OBO,B6. She has been using moneys from that IRA to supplement her living expenses, Mr, McKnight, however, may wish to present evidence as to any increase in value of that IRA from the date of marriage to the date of separation, Husband does not have any pension plan, The parties own a property at 315 Shed Road, Newville, Pennsylvania, which wife deeded in joint names on December 1B, 1997. Wife had the property in her name only prior to the tI'ansfer. The home is subject to two mortgages, and the total on the mortgages is around $95,000.00, Mr. O'Brien takes the position that there is no equity in the home; Mr, McKnight has reserved the right to have an appraisal done of the home. Wife inherited $29,053,00 from her grandfather's estate, She claims that she used that money to payoff marital debt. In addition to wife's claim of the contribution from her grandfather's estate, she also claims that she contributed a net equity value in the real estate, Mr. O'Brien is going to provide a computation to show what the house may have neen worth after deducting whatever mortgage debt was due at the time of the transfer of the property to joint names on December 1B, 1997, The parties have two automobiles, a 19BB Chevrolet Corsica in wife's possession and a 1987 Chevrolet Suburban in husband's possession. Husband has placed a value on wife's Corsica at $2,000,00 and a value on his Suburban at $3,500.00, Mr. O'Brien is going to talk to his client and let Mr. McKnight know if he can stipulate to those values, The pretrial statement shows a list of tangible personal prcperty which apparently consists of contents of 2 the home on Shed Road, Newville, Also included in the pretrial statement is a list of itama which wife has provided which she says husband removed from the marital home and which are in his possession. Consequently, both parties Il<lve items of marital tangible personal property, and counsel can reserve the right to have those items appraised, The marital debt consi8ts of the two mortgages, as previously noted, against the real estate, and a loan with Commercial Credit and a VI SA credit card, Counsel need to verify who has been paying the Commercial Credit loan and the VISA loan and the amount that was due on those loans at separation, Wife has been paying the first mortgage and the second mortgage. Mr, McKnight raised the question about trying to get husband's name removed from the mortgages; however, wi fe has an arrangement wi th USDA which 8ubsidi zes her mortgage payment, After looking at the two mortgage payments which wife is making, it appears as if wife's total payments would be equal to or less than what she would have to pay for rent for a three-bedr'oom apartment, Consequently, it does not appear reasonable to the Master to force wife into a sale of the home in order to simply relieve husband of the mortgage debt. Wife, if she were forced to sell the home, would have no moneys to pay Oil a down payment for another home, nor would she probably qualify for another mortgage, After counsel have accomplished the appraisals and computations which they intend to do regarding the assets that have been identified, the Master requests that each counsel prepare a proposal as to how we can configure settlement in this case considering the lack of any cash assets for distribution and also considering wife's substantial contributions to the marital estate. The Master uses the word "substantial" considering the fact that the assets are very limited and wife contributed, as noted, an inheritance and whatever equity she had in a piece of real estate, A hearing is scheduled for Tuesday, February 29, 2000, at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Di vorce Master 3 KIMBERLY A. MATTESKY, PlaintHf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : I NO. 98 '" 167 8 I I CIVIL ACTION - LAW I I IN DIVOHCE ROBERT L. MAT1'ESKY, Defendant ORDER AND NOTICE SETTING ilEA RING TOI Kimberly A. Mattesky Robert L. O'Brien Robert L. Mattesky Marolls A. MCKnight You are directed to , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant appear for a hearing to take testimony on the outBtanding iSBueB in the above oaptioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, PennBylvania on the 29th day of February ,2000, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesBes and exhibits in support of your case. ~<t' ,,1:\, Pres iden t Judge Date of Order and Notice: 9/14/99 By: Divoroe MaBter IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 ,,,.,-., KIMBERL Y A MA TTESKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98.1678 CIVIL TERM v, ROBERT L. MATTE SKY, Defendant CIVIL ACTION-lAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on February ---.L], 1999, I, Robert L. O'Brien, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Motion For ApPointment of Master, by first class U,S, mail, postage prepaid, to the party listed below, as follows: Rebecca R. Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 ~ !c:?o6~ Robert L. O'Brien, Esquire , C-) ;, ~ f) ~ ..'- ."," ~ J ~ ~ '0 :; ~- () , "n G , ! ~,:l ~ ........ '? ~ rv (T," "\,. ':'0 J.j " r-- ""-.J -1 Ov ~' ,..... r:--:::.. Q Vi MARITAL PROPERTY (Plaintiff) (Defendant) lists all marital property In which either or both spouses have a legal or equitable Interest Individually or with any other person as of the date this aotion was commenced: Item ~umber Description of ProDertv Names of all Owners Value 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11 ) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) 34) 35) 315 Shed Road, Newville 88 Chevrolet Corsica Auto Gateway Computer & Stand Washer/er Refrigerator VCR Sectional Sofa Vaccuum Water Softener Dehumidifier Piano 25" Zenith Television/Cart Shop Vac, plier, bathbag, Jewelry Hammer, hammer, level Pad sander Sabre saw Snowthrower Floor Jack Tabel saw, disc sander, sand belt, Sand discs Pak-a-pottl Compressor, shovel, studs set Tire chains Wheel weights Weed wacker Air conditioner Lawn tractor Kids' Disney movies Upright freezer Used refrigerator Gun cabinet Shed Scanner Dresser Kitchen table & 6 chairs Bedroom set (bed & 2 dressers) H&W nc::>>IE l\ND I!lXPI!llRl 8'l'ATDI!II'f1' OF Kimberly ^~~attp.Bky SSN ....111.. - .!L - _)..Q29 00# ____.___ LWrn 1 2 / 2 3 / 9 B nus B'rATFJIIENr MUST BE FILlED cur Il'<<XIlB (a) Wages/Salary J!)Tployer &. Address __Chap~l_ Po,tnte_i!L,Carlisle Job Title/Description }\r."n11Ll.t..s._pav.ah1A r.1Arl< Pay Period (weekly, bi-weekly, IlPnt.hly) bi-weekly .. G);'C)EIS 'Pay ()E!r Pay I\3ricxi...... I . . . . . . . . . . . . . I . . . . . I . . . . I . I . , . I . . Payroll DeductIons: Federal Withholdim............ Social Security.,.............. Local Wage Tax..II........I..~. State Income Tax..,............ RetirertlEll1t. . . . . . . I . . . . . . . . . . . . . Health Insurance............... other (specify)................ $ --8~ d7 $ __-4.1.65 $ 7.40 $ 20 72 L n 0.0., $ ---5.!L.92-__ $ 17 <9 (dent~ $ 9.1.4 $ ~~~----.......I........ ........,'...... Net Pay F>8r Pay ~ricx:l.... t. I.................... "' ,.,.,.. . (b) other Income Interest/Dividends......... $ PensionVAnnuity............ $ Social security............ $ Rents~alties.......~.... $ ~ Aooount............ $ Gifts...... . . ..... I' .... I" $ Unenployment CClIlpmSation.. $ Workmen I S Corl'{.>ensation.. . . . $ Child Support......... ~ TOtal other Income......... WEEK Month 65.00 b~.UU INO IMI: ANI) I':XI'I':NSI-: s'Il'il1!MI-:Nr OF 1 \\.,ily U.. UlC ~l1l"'UII, Iml.: III U'"' I",nlle "kJ E'IlCl",StIllL"lCl~ IUU bIle lUll umu, l'OlL';!IUl\ UU!IIiU.., ~"ClIlC1" 11L,d" 'OU "..b'~~~ul(llllCl'-'''It,~,fIKI'Il CS *4'n\luiljlll~I(I'O"M\t1l '''i''':::i1~g ~o~ $ . 740.00 $ 506. BL..-_ Year ?<;,nn ~ ;.:~ .lJU " lj'l 0 'I.> en ":\! -" 'J /-1'1 'I.;:rJ f'I I ',0 .!~_. " r"' ;~-;. .,~ U~ CO -'.1 ..,' Or. (";; -r, ..J" I'; C .-", (j::I~ .co ,~ ( ,1__, C l)r'n ).;,; L t"...) " -'-i it:. ".. ~~ ;< ,j.- ~ '~' ASSETS OF PARTI!;!2 (Plaintiff) (Defendant) marks on the list below those items applicable to the oase at bar and Itemizes the assets on the following pages, If an Item has been appraised, a copy of the appraisal report Is attached, (X) (X) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) (X) ( ) ( ) ( ) ( ) (X) ( ) ( ) ( ) ( ) ( ) ( ) (X) (X) 1, Real Property 2, Motor Vehicles 3, Stocks, bonds, securities and options 4, Certificates of Deposit 5, Checking Accounts, Cash 6, Savings Accounts, Money Market and Savings Certificates 7, Contents of safe deposit boxes 8, Trusts 9, Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) 10, Annuities 11, Gifts 12, Inheritances 13, Patents, copyrights, inventions, royallles 14, Personal property outside the home 15, Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16, Employment termination benefits-severance pay, workman's compensation claim/award 17, Profit sharing plans 18, Pension plans (indicate employee contribution and date plan vests) 19, Retirement plans, Individual Retirement Accounts 20, Disability payments 21, Litigation claims (matured and unmatured) 22, MilltaryNA benefits 23, Education benefits 24, Debts due, including loans, mortgages held 25, Household furnishings and personalty (Include as a total category and aUach itemized list If distri- bution of SllCh assets Is In dispute) 26, Other (Mutual Funds) ( ) LIABILITIES OF PARTIES (Plaintiff) (Defendant) marks on the list below those Items applicable to the case at bar and Itemizes the liabilities on the following pages, SECURED (X ) 1, Mortgages () 2, Judgments () 3, Liens () 4, Other Secured Liabilities UNSECURED (X) ( ) (X) ( ) ( ) 5, Credit card balance 6, Purchases 7, Loan payments 8, Notes payable 9, Other UnsecLlred Liabilities CONTINGENT OR DEFERRED () 10, Contracts or Agreements () 11, Promissory Notes () 12, Lawsuits () 13, Options () 14, Taxes () 15, Other contingent or deferred liabilities nc:tIE AND EXPI!H1E B'l'A'1'EMEN1' OF Kimberly A. Mattesky SSN 172, - ~ - 3059 00# _ OI\TE ..J.? / 2 3 / 98 'nHS STNI'EMEm' MUST BE FILlED oor D<<XII!I (a) Wages/Salary Errployer & Address ~ha~l Pointe at Carlisle Job Tltle/De>.soription _-Ac..c:ollnt.. I'''y"hlp "lprk Pay Period (weekly, bi-weekly, IOClnthly) hi-weekly GI'C)SS Pay I>e:r I>ay I'ericx:l................,........ '. . . . . . . . . .. . . . . I $ Payroll Deductions: Federal Witl1hold~............ Social security................ Local Wage Tax................. atate lnoame Tax..u............ Retire.rnent. . . . I . . . . . . . . . . . . . . . . Health Insturanoe............... other (specify)................ M~d i ca.r.e.-_. . . . . . . . . . . . . . . . $ R5 ~7 $ 41. 6/i $ 7.40 $ _ :1n 77 $ n nn $ --51l...!l.'2 $ , 17 79 $ 9.74 $ ( dental-) ................ Net Pay J.:'f3r Pay flE!ricx:l.. . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . (b) other Income Interest/Dividends. . . . . . . . . $ PensiOn/Annuity............ $ Social security............ $ RentsjRoyalties............ $ Expense Accoont............ $ Gifts. . . . . . I . . . . . . . . . . . . . . . $ Ul'leIIl>loyment Compensation. . $ Worknen's Conpm..c;ation..... $ Child Support......... \ '~tal other lnonme.,....... WEEK Montll 65.00 b~.UU INCOMI, i\ND EXI'I ,:NSIi S'Ii\'IEMliNT OF I lUili' tl'd tl", >lld"'''''l, "..1" in tllis 'rut'''' lOll E'l""-C SlJ,la,w rue UU" IUrl UlR\:t 'lUlU:-4IU<! 11"llid-c >lldt1md' "'ilin ill) n""1,, ~U)i<'d 10 tllC I",udlk..'''~' 1 R I'll C.S. ~ 4<x)lldllbng 1'''''Mon ""~..~~ ~G~ 740.00 $ 506.81 Year -2!i n n ;!~.UU Illll'ItIJBs Household Wee.k Mortgage/Rent. . . . . I . , . . . . . . . . .. $ "____ Maintenance.................... $ utilities 1'elephone. . . I . I . . . . . . . . . I $ lfeatitx). . . ~ . . . t . . . . . . I . . I $ Electric......... II'..... $ _________ FlTploYlIlent (transportation and electric).............. $ _________ Taxes ~l Estate.................... $. ~rsonal Property.............. $ lrac:::one. . . . . . . . . . . . . . . . . . . . . . . .. $ Insurance H~rs.I.........I......... $__ AlltC>JOOt>ile. . . . . . . . . . . . . . . . . . . .. $ ___. Life/A=ident/Health... ........ $ other.... It ....... I. 0.1........ $ AutORKlbile (payments, fuel, (re})airs) . I . . . . . . . . . . . . . . . . . . .. $ Medical Doctor, Dentist, Orthodontist.. $ Hospital. . . . . . . . . . . . . . . . . . . . . .. $_ Special (glasses, braces, eto.) $ Education Private, Parochial School...... $ Collecje... It ......... II I....... $ (MId Week --- --, Household Month V1.~ --- 162 ~O --- ---. .---- -----. 80.00 7fi."n 10. "in _ fi."iO 4.8.....5.0.__ l.1fi...51L --- lRR.orL 9.00 -- l' "n Personal --'- ---- Clothing....................... $ _________ Fcxx:l......... I.......... I...... $ Other (h~.hold supplies, ):)arber, etc.)................ $ Credit payments and loans...... $ Miscellaneous HousehOld help/child care....., $ ___ Entertainment (inc. papers books, vacation, pay TV, etc) $ ____ Gifts/charitable contributions IJ9c;Jal Fees. .................... $ other child sUpport/aliIrony }laynlents.. ..,................ $ "R "in 2.'in 00 1fi no 91WlO.. _ 177 nn 1R.00 4".00 ----- -- Other (specify) .2.nd .1I1D.J:tgag.a....... $ _ Christmas Club Tbtal ~s....................... $ 2.U..l.a... 50.00 1.990.58 Olild Month -- -- --~- --. --- " ~". '<.,1 /~,... ;< , i)' / R '. c E~1tD1.'~f_ /llt! RECORDA TlON REQUESTED BY, I' ,. .....t.~~.!.~_~; i~:: " I,. AT! OHNEY IN FAC T ~ flnJndJI TrUll C(llllp,ny Ont Wut U1th 5lrUl (Jrlllle, rA 1101) Ror:r:nr 1', ,~I["LEil 1,[;001101;11 OF DelOS 1;1I1,11I[I1LI,IIO COllIIIY'I',\ WHEN RECORDED MAil TO, Fln,ncl,1 Tnllt (OnlIW'I'( On, Will Hllh Sl'~el (,IIIII',rA 1701] '96 f[1l2~ AI'] B 58 .. SEND TAX NOTICES TO, kobtrll. Mall'lley 'nd Klnlbl!rly A. t-1,UU~Y ll5 Shtd Road NfIWlllt. rA I 7H I SPACE ABOVE nlls liNE IS FOR R~CORDER'S liS! ONLY MORTGAGE THIS MORTGAGE IS DATED FEBRUARY 21, 1996, belWeen Robert L, Mallelky and Kimberly A, Mallelky, owner(slln re. Ilmple, whole addrelsll JI5 Shed Road, Newvll[e, PA 17241 (rererred 10 below as "Granlor")1 and F[nanclal Trull Company, whose addrelsls One Well Hlih Sire. I, <'",rlllle, PA 1701 J (rererred 10 below II "Lender"). GRANT Of MORTGAGE. For v,lulbl. condd'''llon, Grantor ,"lIl1, b.lr.,lnJ, nil" conveYI, J.UI,fll, tf,nd,u, r,l.,uu, connrnu and nlarllllU 10 Linder III 01 Grlnlor', flghl, IiItl, and 11'11.,,,1 In Ind to the lallowlng descrlb.d "II properly, loo.ther wllh .11 .xlsUng or IUb"l1uenul er'OI,d 01 I!liKed bulldlngt, Imptovemenls Md fllllultt; .llllreels, IIne~, IU')1l, plen"." Ind w'Y'; alt ....m.nll, rights 0' WIY, Illllblrt." pllvllloet, lenemenls, h.r.dltam.nts, .nd IPpurtenlnces thereunlo belongIng or Inywlll m.d, IPPultenlnt h,r..ner, .nd Ih. tlverllons and r,m,lndel' wUh raspecltherelo; 811 wel,I, w.lor Ilghls, Wlhl/couI,e, end ditch lights (Including slock In ulilllles with dUch or 1/llg.Uon right,): .nd 411 olher dnhls, roy.Ules, .nd ptOHlS rolaUng 10 Iho I,al plopellv, Includlno wUhout IImll.Uon In mlll,rals, 011, ~as, g'othelmll and slmller maUers, or.ated In Cumber[anrl (011 illY, (ommol1weallh 01 Penruylvanla (Ihe "Real Properly")r D,ed Book: J6A Paie, 209 TownShip: lower MlfOln The Real ProperlY or III addrels Is commonly known al J 15 ,Shed Road, Newv[lIe, PA 17241, O,.nlor ptUlnUy .nlgns 10 Lynder III 0' Gr.nlor'l tlghl, 1Il1e, Ind lnl.,.,lln Ind to In l....s ollh. Properly Ind .11 Renls Irom lhe Prop.rly, In Iddillon, Ollnlor o,.nlslo lender a Unllorm Commetelll Code "cullly Inlereslln the Petlon.1 Properly Inti Renls, DEFINITIONS, The lollowing WOlds Ihlli hlvelhe 'allowing meanings when ullld In Ihl, Mortgage, Tllms nol olherwlse dellned In Ihls Morlgage .hall hllle the m.anlngs aUrlbuled 10 suoh lerms In Ihe Unllo/m Commllclal Code. All ,.f,"nolS 10 dollar Imounls Ihall mean .mounls In lawlul money 01 Ihe Ul1lhld Sllt.i 01 AmeriCIa. hlulnllndtbttdrltll. The words .E~lsllng Indebtedness" mean Ihe Indebledfl8ss described below In the E!xlsllng Ind.bt.dness lIolton 01 thIs Mortglge, GrlnlOt, The word "Gtlnlo'" moans Raben l. M,nukv ,nd Klmbtrly A, MallUky. The Oranlor Is Ihe mortgagor under this Mort"a"a. Gumnlor. The word "GUlr.nlo," me.ns and Includus wUhoulllmU,Uorl lIoh Ind III 01 the OUlrlnlors, IU,.lIes, .nd acoommodation p/I;IUel In eOl1noollO/1 wllh the IndebtedMu. Improvtmtnu, The word "Improvemenls" mlln. Irld Includ.. wlihoul IImllilllon .11 .~lltlng and lulure Improvtments, ftxlurlt, bulldlnal, struclures, mobile homes Ilfheed on the Aeal Prope,ly, IlellUles, IlddlUons, ,.plloemenls .nd olher construcllon Of I 1M R...I Properly, IndebltdnfU. Th. word .Ind.bledn..... means III pr!nclp.l .nd Inler,,' pIv.ble vnde( Ihe Nole end any Imounll 'llP.nd.d or Idvlnc.d by LInder 10 dllohalge obligallons 01 Gttnlor 0/ .~penStllnCu"ld by lQnder 10 .nlorc. obllglllons or Grlnlor under Ihll MOrlg'Ot, tOQlllher wllh Inlll", on ,uch Imounls IS prQvlded In Ihi, MOltg.ge. Lende" The word "lender" melnl Flnenclal Trusl Compl"Y, II, succeuol1 Ind uslgns. The Lend" Is Ihl morloaOft under Ihll MOt'IOI"e. MOrll'le, Thy word "Mortgaoe. means this MOllglg. butween Orlnlor and Lender, end Includ.. wllhoulllmltollon IllaulonlMnls .nd lIOUf!ty ...." into/est Plovlslon, IIlallng 10 the Personal Plopellv and Renl.., NOle. The WOld "Nol,. means the p(omlSSory nole or cledlt ag/eemenl daled February 21, 1996, In the original principal amount of S I 3,254,98 hom Grantor 10 Lende" logether wllh Mil renewIl, 01, e~len,lons 01, 'modl/icellons 01, flUnArn:lfngl 01, consolidations 01, and lubSlltutlon, lor the plomlssory nole or ao,eemenl. Pfrlon,l Prop,r(y, The words "Personll P,operly" metn allllqulpMenl, IIxtur", Inu o'''e, I/IICIIl 01 pllsonll properly now Of ht"l"tr owntd bv Or.nlor, and now or het..U" attached or IUiud 10 It'e Rea! Ploperly: tClgelher wUh III 'CUttlonl, plrts, and .ddlUonllo, I~ r.pllcem,nls 01, and IU .ubslllulions lor, eny 01 such properly; and 10gllher with III procledS (Including wlthoulllmll.Uon IlIlnlurlnc' procHds and ,elundl 01 prlmlums) Irom any sal, or olher dlspotillon 01 Ihll Property, Ptopmy, Tht WOld "Prop.rly" m..ns oonecUvely Ihe Rell Plopetly and Ihe Perlonal Propllly, k,,1 Prop,rry, The words "Real Propsrly" mean Ih' Ploperly, Int.tests .nd rIght. dlSc/lbed Iboveln Iht -Otlnl 01 MOt'!a.g," slOlIon, Itel'l,d Oocum,nu, The words "'Rer"ed Ooounllnls" mean IlId Includt wlthoul IImnalion all promlnory nol." Gledlt igromerllS, lotn 'QI..m.ntt, envt/onmenltl eornemenlt, Quallnlies, SIOUIUy lorlemenls, morloa~.s, dttds of Irusl, Ind III olMr Inltrumenl., lo,eementl In'u' documlnls, whether now or hel.an" elllsllng, 'lIlouled in connecllon with Ihe Indebt,dnen. RfnU. Tnt WOld "flenls- mea", III ptusent Ind Muto /lIltS, revenues, Inoome, IUUIS, 10YIlIlet, pIOIl1S, Ind olh.r be~enl' derived Irom the P,operlv, , Booda05 rAGE 158 RECOROATlON REQUeSTED BY: Flfllncl.1 TIlIII COMl""Y On. Wesl tUgh Sltfte' (;"11111,11,\ 11013 ,. ~, r, r .' i' : f' :~ '!, curt I" I I,. I': li ~,j' I\!:! (\ ~ l,l !,I '.-1 :',\ .' ;\:1 l~UU1l11 . 1',\ WHEN RECORDGD MAIL TO: Fln'oct'l lIllll Company On. Wll1lUllh 811UI Clrll.lt, PA 1101:1 'Ulllllil 1'1'1 2 2\1 SEND TAl( NOTICES TO: Aoblll t.. MIll'lIly 'nd lllmblf'V Ai, M.llulcV MU' IClmbtUV A. Moulton 311 Shed AOld Newville, PA l7at t IPACE ABelVS THII LINB II POR RBCORDER'. UIE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS MORTGAGE IS DATED FEBRUARY 3, 1997, between Robert L, Mellelky Ind Kimberly A, MIllelky e/kJI Kimberly A, Merrllon, owner(l) In lee Ilmple, whOle eddrel' 1.316 Shod Aoed, Newville, PA 17241 (relerred 10 below ee "Granlor"): end Flnlnolal Trull Company, whose eddrell II One Wel' High Slreel, CerUlle, PA 17013 (referred 10 below el "Londe/"), OAANT OF MORTGAOE, For valuable con,lder.llon, Orl"lor gr.nll, bttg'lnl, .el/., COnYIV., '"lg"l, Ir.n'f"I, f.'....., (lonllrml Md mo,tg.gft 10 Lend., ,II of Or.nlo", rlgt,l, IJlle, .nd Inle'oslln end 10 the following dncrlbed rill properly, ioglth.r wUh In ,.I'"no or lubtlqutnlly srooled or l/tixed buildings, Improlo'emenlJ Ind Illl1ur"s; 811 sIreal', lints, Illeys, pu"ges, Ind w.y,: .11 ....m.nl', rlghls 0' w'y, 1M ~b"lle" privileges, Ilnamenls, hefedlt.men1s. Ind Ippurtenances th8l8unlo belongIng or an';Wlae midI appurtat\4nt htrlhllter, Ind the lIyer,lonl Ind remainders wilh lespect Iherel,o; It I wiler, w.ler IlghlS, wllercourtes Gnd dHch Ilghls (Including Ilock In ulltilles wilh ditch or Itrlglllon rlghlS); Ind III olher rights. lovalllol, and proMs lellhng 10 Ihe fGal proper lv, Including wHhoulllmllallon III mlnorlls. 011, gIS, geolhermal Ind similar m.llart. loceted In Cumberland Counly, Commonwellth of Penneylvenll (Ihe "Rell Proparly"): Deed Sook: 36-A Plge 209 Townlhl,,: Lower MUllin Twp The Rell Properly or lie addre.. Is oommonly known as 316 Shed Road, Newville, PA 17241, Granlol presently asslQns 10 Lender all 01 Oranlor's lighl, IItro, and Inle,oslln and 10 811Ial'" ollho Properly and all Renls lrom Ihe PropellV. In addlhon, GranlOf glanls 10 Lender" Unllorm CommorClol Code secu,lty Inl"I151 in Ihe Peroonal P,opa,ly and Aenl,. DEFINITIONS. The lollowIng words st]all havo Ihe IOllowlng meanings when used In Ihls Morlglgo. Terms notlJlhorwls. defined In Ihls MOllglg. ,hlllt hllvlllhe meanings attrlbutod 10 such terms in tho Unilorm Commerctal Code. All rele,ences 10 dolla' Imounls shalt mellO .nlOunl, tn lawlul money or Ihe Uruled Slates of Amorlea Credll Agteemenl. The wo~ds 'Cr.dlt Agreement.. maan the,evolvtnQ IIn& 01 credU .greement daled Feb,ulfV 3, 1997, b.lween Lende, .nd OrlnlOl with a crodlt limit of $10,000.00. logfilher wllh III renew.ls 01. eXlenslon, 01, modUleaUon, 01, r.llnanch10s 01, consOlldlUons 01, .nd 'Ub,mutlon, 'or the C,edil Ag".ment. EIII.Ung Ind.bledn,". Tho wo,ds "e.t,ling tnd8btodness~ m&ln I"elnd'btedness descrlb.d below In Ih.. e.i,lIng Indebtedness 'ecllon 01 Ihls MorlOage. Or.nlor, The word ~Otanlor. means Roberll. Mallelky and Khnb.rly A. M.lIelky We Kimberly A. MOHllon. The O'lnlor Islht mortgagor under Ihls Morlgag.. Ouar.nlor, The word .Ouaranlr>'. moans and Inctudes wl1houtllmllatlon lIIeh and all ollho guar.nlo", 'urell8l, Ind Iccommodatlon pari.., In connecHon wilh tho Indebtednoss. Improv.menl.. The word "Improvements" means and Includes without limitation alt IUishnO Ind lutuft lmprovemenl" buildIng" slructures, mobile homes aU!xoc1 on Iha Aeal Property, IICllillos, additions. leplacemenls Ind other eonslluollon On Ihe AlaI PtOperly, Indebledn.u. The word ~Indlbledness. means an prIncipal up 10 '10,000.00 oulslandlng under Ihe Nol. II tny 11m, Ind Inllftsl PIYlble under the Credilll(jrfJamenl and any amounls expanded or advanced bV Lende' 10 dlsoharge Obllgllton,I 01 OrtnlOl or elCpenseslncu"ld by Linde' 10 anlo,ce oblloalton, 01 arlnlor under Ihls Morloage, IOQelher wllh Inl,",1 on .uoh Imounls II p,ovlded In Ihll Mortglge, SpeOI"CIU,. without IImllalion, Ihl, Morlglge .eeu"l a flvolvlngllne 0' credU, whlr.h obll".,.. Lind., 'to matee laVlno.. '0 Ot.n;or unl... Oranlor 1111, 10 complV wllh .1Ilhe lerm. 0' Ih. CredU Agreamttnl. Such .dVlnCII m.v be "'HIl. tlp.ld. Ind r.mlld. Irom Ume 10 tlm., IUbllcl to th, IImlt.llon 11M11h. 101.1 oultllndlng b.llnol OWIng II Iny one lime, nollneludlng llnanee chlr".. nn .uch bllanCI It I flud or VIII.blt IIle or lum II provided In the CredU Ag,eemenl, Iny temporary OV.tlIO" olher Chltgt'. 'nd InV .mount. eXPlndld or Idvanced II prOVided In Ihll Pltlgrlph, thlU nol ncted Ille Credit Limit II prov'ded )n Ihe Credit Agrelment, II I. lhe Inl.nllon ot Orantor end I.lnder thallhls Moriglgl HOU,,, the blllno. oullllndlng unde, Ih. Credit Ag'lImlnl 'rom tlmllo 11m. 'rom .ro up 10 Ihl Crldll LImit IS provided abov. .nd any lolermedllle ballnce, plut Inlerllt. TI1, U.n. Ind lteurUv Inl.fI.l. cUI.lld pur.u....' to Ihl. MortflUt oovetlng Ihl Indebt.dne.. which m.y be ClOtl.d In Ihe fUlur. ,hili fll.III back 10 Ihe dl.e (I' Ihlt Mor'IlIOt, Lender. The wo(d "Lende'" me.ns Fln.nclat Trust Complny, II' SOCr-flUetl and Isslgns. The LInder Is IhI Inort".g.. under Ihls Morlglgl. MO,lgage. The word "MOrlglge" meln, lhls Morlgage belween Grantor .nd Lend"'. Ind Includes WtlhOUl, ~mllllin an asslgnments,nd IlClurllV Inleresl provisions "Iiling 10 the PelSon,1 Proporty and Fllnls. BOOk 365 'AGE 3.1n Penontll Properly. The word, 'Personal P'Operly. mean III equlpmenl, II,.Iures, InlJ other .,Uclos 01 pe,.on.1 propttty now Of htf..~ owned by allnlor, and now or hortlnor aUached or aWxed to Ihe Aeal Properlv: logelhor wllh III Recesstons. pl"s, and addlUons 10. IN r'Pllotmtnlt 01, and all substnutlons lor, Iny 01 such properly; and logether wl1h aU p,cceed, (including wUhoulllmUa1Jon IlIlnIUIIOO. P,oceedt and "fUndi 01 , , ,mal Shares Fund . Class I ~ Franklin Templeton I',U. 1I()~ BII,1O, n. rnr.ll\llUItO, rL mu./\t))U ff........-............,''''.'.~'b....,..,'.I....'''..:.,'' ".I..."r(""'...,....r....-...l,,~'-' ", ..,....." .........-,./". ..''4 ACI.'OUllT llUMIIlII TIlU!J'ACTS'lItAII! COOl ~1!I'~IIIlllTAT1V1! 414.leHg4 414 810 MCPHERSON, JAMU OI!AU!I\ HUMIIII 03813 000 0""" Ot ...f 0.at4 UAll'fO U Q 0'" 11141.....01. t 0014JIN 1...11I..,1..1,1,1.,111I11I.1...1,,' ,1"111,,....11,1,111,1,11 FTTC CUST FOR THE ROLLOVER IRA OF kIM8ERLY A MATTESkY 31S SHED RO NEWVILLE PA 1~41.g440 O....Ull' kEYSTONE 8ROkERAOE INC 110 W 4TH ST WILLIAMSPORT PA 11101 " I"'DII1...unOHIVNMAlY~,:" .....\\...~\.:...,. J,...j...r....y.....".,;,... "..il. "AllMIH'I' 'NCOME DtYIDf,PiD,' PAn PAlU nus WIAI ,;;'.", 12131/81 $S26.01 c..\rAt O^'"~ ....11115 IW $sg9,15 1MU wtTlllllLD 'REINVEST INC DIV 'REINVEST LT CAP GAIN nAHMCnOMIUMMAaY'\..i '\":/'.10\.;1:'. '...:-';:.;1: ..;...... ;';1J,,,~/r.-".:11t.~f~~;t:~:- .' ':'<;4, f';;'(~iJ\ ',I. ," ,", ~ DOw.:! S,WlE DA1I 'lWAH1At'nOH AMOHT PIlleE s'\Uu TOTAl, SHAaF.s OPENING BALANC~ 0,000 01/03/87 ROLLOVER/DIRECT ROLLOVER 1,185,00 22.52 52,620 52,620 07/03/97 INC DIV PER SH 0.0281 1. 48 21.21 0,010 52,690 01/03/97 ST CAPON PER SH 0.0600 3,16 21.21 0,149 52,839 01/03/87 L T CAPON rER SH 0.1600 8,42 21.21 0.396 S3.235 01/07/87 ROLLOVER/DIRECT ROLLOVER 12,386.82 22,21 556,211 609.448 12 /1Q /Q7 ftl4INTENANCE FEE 10.00 22.65 0.442 609,004 12/22/87 INCOME DIVIDEND 0.4661 283 . 66 20.86 13.606 622,612 12/22/87 L T CAPON PER SH 0.9700 590. 73 20,86 28,319 650,931 12/22/87 ST CAPON PER 8H 0.3goo 237.51 20,88 11.386 662,317 CLOSING BALANCE 662,317 MARkET VALUE $14,080.86 AT $21.26 PER SHARE ON 12/31/97 Po. IRA, SBP, Ind Slmp14 IRA lCeounll, the yu....nd lllIfte. value .hown on thill ...lOmonl will be lumllhed 10 the In'"fI1IllI...nUl SeIYke, SM '_"0 Ildl 101 Importll1l1oll-ltIe numbers, II - .- .. ~ - E ~ .. ~ l!!!E lIl!!!I PARTICIPANT STATEMENT FOR PERIOD 01/01/93 TO 12/31/93 FINANCIAL TRUST CORP PROFIT SHARING PLAN KIMBERLY A MATTESKY SOO SEC NO: 172 46 3059 SEQUENCE CODE: 0001 FUND 1 4143.76 1088.71 202.74 99.10 14.27 5548.58 4438.86 80.00' EMPLOYER PRIOR BALANCE CONTRIBUTION INCOME HARRET CHANGE FORFEITURE ENDING BALANCE VESTED AMOUNT VESTED PERCENT TOTAL ENDING VALUE OF YOUR ACCOUNT 5,548,58 TOTAL VESTED INTEREST IN ACCOUNT IN THE EVENT YOU ARE DISABLED WHILE EHPLOYED, YOU WILL RECEIVE 100' IN THE EVENT OF YOUR DEATH WHILE EMPLOYED, ROBERT L MATTESKY WILL RECEIVE 100' 4,438.86 5,548.58 5,548.58 '''-'_n.__ _"___._..,