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MARITAL SETTLEMENT AGREEMENT
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THIS AGREEMENT,made this _~ day of 1<",(' ,~. '/. . 1999. hy and betwcen
PAUL R. MATTER. JR. (hcreinafter called "llusband") and ABIGAIL Q. MATTER (hereinafter
called "Wife").
WITNESSETlI:
WHEREAS. Husband and Wife were marricd on May 9. 1987; and
WHEREAS. There have heen thrce children born of this marriage, to wit: PAUL B.
MATTER. born April 23, 1988. CAROLINE Q. MATTER. horn November 9. 1989. and
SAMUEL T. MATTER. born Fehruary 23.1992; and
WHEREAS. the parties hereto desire to lix and determine hy this Marital ScttJcment
Agreemcntthe rights and claims that have accrucd to each of them in the estate and real and
personal property of the other by reason of the marriage. and all economic rights of evcry kind
and description arising from the marital relationship, including hut not limited to present and
future rights ofinheritancl\ supp0l1. maintenance, alimony. payment of counsel fees and
equitable distrihution and to accept the provisions of this Agrcement in lieu of and in full
discharge. settJcment and satisfaction of all such rights and claims.
NOW. TIlEREFORE. in consideration of the prcmises and oflhe marriage. and in tilrther
consideration of the mutual promiscs and undel1akings hacinaticr set forth. cach intending to be
legally bound herehy. the parties agree as follows:
I. SEPAHAIION, It shall bc la\\ful for each party at all timcs hcrcaftcr to livc
scparatc and apart from thc othcr party at such placc as he Of she may fmm timc to timc c1llh'se
111' decm tit. The filn:going pnwisions sh:lllnllt hc takcn as an admission on Ihe p:lrt of eithcr
party oflhe la\\fulncss ,'I' unlawtillncss ofthc callSCS leading 111 thcir living :lpart.
2. INTERFI.:RENC!;. Each pany shall be frcc (hUll intcrler~lIcc. authority and
contact hy the oth~r. as fully as ifhe or shc wcre single and unmarried exccpt as may hc
neccssary to carry out the provisions of this Agrccment.
3. WIFE'S DEBT~. Wile represcnts and warrants to Ilusband that as ofthc date of
separation shc has I~ot incurred, and in th~ linure shc will not contract or incur, any dehts or
liahility for which Ilushand or his estatc might be responsible and shall indcmnify and savc
harmless Hushand from any and uii claims or demands made against him by reason of dehts or
obligations incurred hy her. Any and all loans. and/or debts and charge accounts prcsently in
Wife's name alone shall bc Wile's sole and separate responsibility for paYI11~nt thereof. and Wifc
agrces to indemnify and save harmless Husband from any loss he may sustain. including attorney
fees. as a result of any default in payment by Wife.
4. In ISBAND'S DEBTS. Ilushand represents and warrants to Wile that as of the
date of the separation he has not incurred. and in the future he will not contract or incur. any dcbt
or liability for which Wife or her cstatc might be responsible and shall indcmnify and savc
harmless Wifc from any and all claims or demands made against her by rcason of dehts or
ohligations incurred hy him. Any and all loans. and/or debts and charge accounts. presently in
Husband's name alone shall he lIusband's sole and separate responsibility IIII' payment hereoi.
and llusband agrees to indcmnily and save harmless Wile lrom any loss sh~ may sustain.
including attorney fc~s. as a result of any dcl~lult in paymcnt by llushand.
5. FOIIITABLE D1STRIIlIITION. Ilushand and Wile acknowledgc and agrce thai
the provisions of this Agrecmcnt with respect to the distribution and division ol'marital and
separatc property arc f~lir. ~quitable and salisl~lctory to thcm bas~d on the Icngth of their marriage
and olh~r rcl<:\'ant factors \Ihiclt ha\'~ hccnlakcn in!\) considcmti"n hy thc parti~s. Both parties
hcrchy acccpllhe pf<1\'isi\ms of this Agrccmcnt with rcspcct to divi.sionol'propcrty inlicu of and
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in lilll and final selllem~nt and satisl;lction of all claims and d~mands that they may now havc or
hereafier hav~ againslthc othcr Illr thc equitablc distribution oj' thcir propcrty by any ~ourt of
competent jurisdiction pursuant to Section 3502 ofTh~ Divorcc Code or any oth~r laws.
Husband and Wife voluntarily and intelligently waive and relinquish any right to seck a court
ordered det~rminalion and distrihution of marital property. but nothing h~rcin contained shall
constitute a waivcr by cither party of any rights to seck the relief of any court for the purpose of
enforcing the provisions of this Agreement.
6. REAL ESTATE. The parties agree that Wife shall grant. transfcr, relinquish and
convey to Husband all of her right. title and intcrcst in the marital rcsidence locat~d at 401 Front
Street, Boiling Springs, Cumberland County. Pennsylvania. In consideration fill' Wife
transferring her interest in said pr~mises to Ilusband. Wife shall receive fromllusband a cash
sum of$59,OOO.00. payable upon completion of Hushand's refinancing. Wife shall execute a
deed ~o lIansferring her equitahle interest in thc said premiscs to Ilushand cont~mporan~(,usly
with the execution of this Agr~ement. The decd shall he held in cscrow hy counsel fllr Hushand
pending completion of Husband's mortgage refinancing as descrih~d herein.
Husband agrees to obtain a loan commitment for mortgage refinancing within ninety (90)
days from the date hereof: so that Wif"'~'s name may be removed fromlhc existing firstmortgag~
obligation.
In the event Husband should fail to qualify Illr mortgage refinancing for any reason
within said ninety (90) day period. Wife may immediately dcmand that the marital home be sold.
In that ~vcnt. the partics shall mutually agree upon the real cstate hroker with whom the
premises shall be sold. and shall be guided by th~ realtor in determining both the listing and sale
prices. Should the property he listcd fllr sale. both parties shall execute any and all documents
nec~ssary to complete the sale and s~tt1cmcnt. In that evcnt. the n~t procecds of sale or any
deficiency which may b~ owing shall be dividcd equally betwccn the panic,. with the
undcrstanding thatllushand shall insurc that tbc mortgag~, taxcs. insurance and all oth~r r~al
estatc related cxpcnses arc currcnt as ofth~ datc of scttIcmcnt of said prcmiscs,
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Pcnding Ilusband's rcfinancing of the mortgage, it is spccilically understood and agrced
that Ilusband hercby assumcs solc rcsponsibility lilr paymclll of the currcnt mortgagc obligation
thercon. and shall fLlrthcr bc responsible lilr payment of ail othcr real estate-related expenses and
household cxpenscs. including hut not limited to taxes, insurance and utilities. Ilusband shall
indcmnify and save harmless Wife Irom any loss she may sustain. including attorney fces, as a
result of any default in payment of the alilresaid obligations by Hushand.
7. DIVISION OF PERSONAL PROPERTY. ACCOUNTS AND VEHICLES. The
partics have divided bctweenthem, to thcir mutual satisHletion, the personal effects. hank
accounts, household furniturc and furnishings and all othcr articles of personal property which
havc heretofore bccn used hy thcm in common,
The parties exprcssly agree that Wile shall be entitled to exclusivc ownership of any
vchiclcs currently iu her possession. and that Hushand shall relinquish any and all intercst hc
may have in samc. Wifc agrees to he solely responsiblc for paymelll of any and all encumbranc-
es. and all other expenses affecting such vehiclc(s). Wife agrees to indemnify and save harmless
Hushand 1rOll1 any loss he may sustain, including attorney fees. as a result of any delJult in
payment by Wife. Husband shall he entitled to exclusive ownership of the 1998 Jccp Chcrokee
currently in his possession, and Wife shall relinquish any and all ir::crest she may havc in such
vehicle. I Ius band agrecs to be solely responsible for payment of any and all encumbrances. and
all othcr expenses affecting such vehielc. Husband agrces to indemnify and save harnlless Wife
from any loss she may sustain. including attorney lees. as a result of any default in payment by
Husband.
The parties further agrcc to exccute any vehicle titlcs, Powers of Altoml~y or other
documents nccessary to give this Paragraph full force and effect. upon request.
8. PENSIONS AND EM 1'1.0Y/vlENT BENEFITS. Hushand and Wife arc the
owncrs of certain pcnsion plans and/or retirclm~nt plans and/or employee stock or savings plans.
\\ hich they have accumulall:d during the coursc of their past and prescnt cmployment. It is
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hereby spccifically agr~cd that Ilusband and Witi: cach shalll\lrc\cr relinquish to thc oth~r his or
h~r right. title ami intcrcst in said p~nsion plans an,l/or rctir~mcnt plans and/or cmployc~ stock or
savings plans. as \\'cll as all oth~r cmplnymenl hcnclits, of th~ othcr.
Spccifically included h~rcin arc all bcnclits to \I hich Ilushand is cntitled through his ~m-
ployment with llershey Mcdical Ccnt~r and all hencfib to \\'hich Wifc is cntitled through his em-
ployment \\ith Polyclinic t\kdical ('~nt~r ,. l'inna~1e llealth Systcm. Thc parties agrc~ to
exccut~ any and all documcntation ncc~ssary to dtectuatc the tcrms hcrcin containcd.
<). (,IISTOD'l. Th~ parties shall havc sharcd physical custody of Paul B. Matter.
Carolin~ Q. Mattcr and Samuel T. Mattcr. Th~ parties shall mutually arrang~ he!\\'c~n thcm.
selvcs thc rrccis~ tim~s thatth~ childr~n shall rcsid~ with ~ach parcnt.
Th~ partics shall enjoy shar~d legal custody rcgarding allmainr dccisions afkcting the
childrcn. including hut notlimitcu to h~alth. education and r~ligious mattcrs. Each party shall
have full access to the childrcn's mcdical. dcntal and school r~cnrus as well.
10. J\ 1.11\ t< IN'l. Both partics agr~e to makc no claim 1\1\' alimony or alimony
pcndente lite no\\' or at any futur~ timc, or in COl1l1L'ction with the p~nding di\"l1\'cC action hdwccn
thc pattics.
11. !.:()\ INSFI. FF1':S. Ilushand and \\ifc agrc~ III he solei:, ''''Pl>nsibk 1\\1' payment
of his or her attorn~y ti:cs in conn~ction \I ith this .-\gr~~m~nt and thc pcnding di\"llrc~ action he-
t\\centh~ parties,
12. U1!LD.RLN./I,S IK<.."O\lI.:..n~J~l.\ll' rl<)~. Ilusband shall bc entitled to
claiml'aul B. \lattcr am! ('aroliIK (). !\latler as del'endcnls 1\11' incom~ tax purposcs in odd-
'llllllbel'l'U \~ars. and shall claim Samlldl. \1altcr in ,,\e!Hlumhcr~d years, Witi: shall he l'11Ii.
tk,l \1\ rlaiml';lIIl B, \latlcr and ('aroline I). \1auc'l as d""L'illknls Ii,I' inL"l\nK tax PUrPOSL'S in
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~vcn-numh~rcd ycars. and shull claim Samucl T. i\lallcr in odd-numhncd ycars. Thc parties
agre~ to sign any limns rcquirl'd hy thc Intcrnal RC\'eIllIC Scnicc Ii,,' this purposc.
I~. J.I FF INS1IRANCE. Ilusband and Will: each agrcc hI maintain Ii Il: insurancc on
his/her rcspcctivc lite with a minimumlleath bcnct!t of S I 00,000.00 naming thc minor childrcn
as irrevocahle hendiciarics until thc youngest child allains agc 2~. I'rnofofbcncliciary dcsigna-
tion and payment of prcmiums shall b~ furnished annually upon r~qucst.
14. FINANCIAL IlliiUOS11RF, Thc parties havc disclosed to cach other und they
arc aware ofthc ext,'nt of ,'uch othcr's income. asscts. liabilitics. holdings and cstatcs, Ilusband
and Will: con linn that hy cxccuting this Agrccmenteach lill'c\w wai\'cs any futur~ right to set
uside said Agreemcnt. or to d~tend against its cl1li'1'(:cmcnt or any portion thcrcofhasl'J uponlhc
absence of such a disclosur~ hy thc othcr party. or bascd upon any claim that it is incquitahle.
unconscionable or docs Ilotmukc a r~asonublc prll\'ision IiII' onc or thc othcr of thcm.
15. HRF/\!Jl. If cithcr party brcach,'s any prll\'isions of this Agrl'cmcnt. the othcr
party shall huvc thL: right. at his or hcr elel'tion, 10 sue IiII' damagcs. including attorncy Ices. li,r
such breach. or seck such remcdics or rclief as may he a\'ailable to him or her rcspcctively.
1(,. ADDITIONAl. INSllill'0.l.;.t~,:L'i. I':ach ofthc partks shallli'OIll tim~ to timc, at
the requcst of the other. csccutc. al'kno\\ledgc. and deli\cr 10 thc othcr party any and all tlll'lher
instrumcnts. including Ilccds and othcr r~all'statL:-rclatcd documcnts. titles. pcnsi,,,, dOl'umcnts.
or othcr documcnts that may bl' rcasouably rcquirl'd to t'i\L' tiillti"n' and l'fll:ct tothc prll\isions
"I' this Agrccment.
17. llilJ..'N 1.\I.rrL\LLlIH<X", I Ill' I'rll\isions of this :\t'I'CCmcnt and their Icgal
cfll:l'! ha\L' h,'en fnlly explained !lIthe panics by \Lls.1 SllIith, .11'.. I:,e.quire. allonJ,'y 1,,1'
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Ilusband. and Robcrt I.. (l'Ilricll, I:squirc. attorncy li,r Wife. and cach party acknowkdgcs that
th~ Agrcemcnt is fllir and ~quitabk. that rull disclosur~ has IK'cnmadc by ~ach resp~ctive party
to the othcr, that it is bcing cntcrl'd into voluntarily. and that it is not thc rcsult or any durcss or
undue intlucnc~. Wile and Ilusband acknowic<Il!,C thatthcy IHlI'l' bccnlllrnishcd with all
inlillmation relating to thc linancial artllirs or thc othcr. \I hich has bccn n:qucsled by tlwm
r~spcctively.
IX. jiO-FA! 11.'1' DIVORCI'. Both parties agrec to cxccut~ an Artidavit ofConscnt
and Waiwr or Notice or Intention to Request IOntry or a Dil'lll"cC Dccr~~ to tlll:ilitatc cntry or a
dil'lll'c~ dccrc~ pursuant tll Scction,,3tl1(c) ofthc Dil'llrCC ('<I,k contcmporant:ously with
execution or this Agrccmcnt.
1'1. WAIVER OF CLlIIf\lS A< iAINSJ:..L:ilAlL. I':xccpt as hcrein otherwise
providcd. each party may disposc orhis or hcr propcrly in any Ilay. and cach party hcr~by
wain:s and relinquishcs any and all rights hc or shc may nllw or hcrcafkr acquire. under thc
present (1f" tlllure laws or any jurisdictilln, to sharc in the property Ill' th~ estate Ilr the other as a
rcsult of the marital relatillnship. includinl!' II itlH'ut limitatiou. dtl\lw. curtesy. statutory
allowancc. widow's allowanCl'. right to takc pnlp,:rty a[!ainst tht: Will ofth~ other. and Ih~ right
to act as administrator or ~xccut,'r oftl1l' otbcr's t'stat.... and ...ach will. at the rcquest Ilrthc other.
cxccutc. acknowledgc and delivcr any and all instruments Ilhich may bc nCCl'ssary Ilr .ldvisable
to cany into cftect this nlll1lial wailcr and relin<juishml'nt of all such illlcrcst. ril!hts and claims.
~(). lli.u>lllilJlLUll)l'!...U.L.Mj.~U!LXLU,m J: !';jJ1J~ !~1l' N 1.1 his
Allrccm~1ll shall binJ the partil's h...rcto and th,'ir rt:sp,'ctil',' h...irs. cxecutors. administrators. legal
rcprcscntatil~s and assi[!,ns.1 his A[!rcemcnt shall sun ilc a ,kcre~ ofdil'llrcl' h~t\\'~ell th...
partic, in any jurisdiction and any othn onler which may he' entered in accordanc,' II ith this
'\l!recml'nl. In the ,'I ,'Ill that a I k(ll": ,)1' I )il \lr,",' is ,'nt,'ll'd in the Court (11"( '(111111l\111 I'kas of
('umhl':Ialhl ('\lllnty, I'l'un"y ilania 'II' inlh,' l'I,."t that :1 IleVll'" inl )il(11"l' is l'll1l'rl'd in any
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othcriurisdiction. thc parlil's agl"l'C to incorpnrak this Agrccllll'nt inthc Ilivnrcc Ilecrcc l(lI'
pllrposes ofcnl(lrcl'mcnt. It is thc speeilic intcnt ofthc partil's to bc bound hy thc provisions
hcrl'of in licu of any othcr claim or ordcr of support, Illaintcnanl'c, alimony. equitahle
distribution. counscl fi:es, costs, maintcnancc of insurancc. equitabll' rclief or propcrty selllerncnt
or with rl'gard to any other claim f(lI' rclid'which might bc brought by cithcr party against the
other. or with regard to any othcr pro\'ision hl'rcllf. In the cycnt that any final order of court is
entcrcd in any jurisdiction with rcspcct to till' parlics hereto which is contrary to thc provisions
hcrco1: thcn thc rights and rcsponsibilitics of cach ofthc parties hcrcto shall he rclicI'Cd or
adjustcd to the cxtentnccessary to conl(lI'In to this Agrcemcnt.
21, FNTIRF A<iI{FI':rvJ.l.:l'o!I, This Agl"l'Cment contains the entire understanding of
the partics, and thcre are no reprcscntations. warrantics. covcnants or undertakings othcr than
thosc cxprcssly set l(lI'Ih hcrcin,
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l\101lIFICATI( IN L\NIl WAIVI:R, A modification or \\ai\'CJ' of an)' ofthc
pnll'isions of this Agrccllll'nt shall bc cfti:cti\'c only ifmadl' in writing and exccuted with the
same l(lImality as this Agrcl'mcnt. Thc f;lilurl' of cithcr party to insist upon strict pcrflll'lllance of
any of the Plw;isions of this Agrecmcnt, shall not bc l\\nstnll'd as a waivcr or any suhsequent
dd:JlJlt of the samc or similar natlll'e,
2:1, 12ESCI\lrl1YI': I 1F.\I)jNCiS, The dcseriptiw headings uscd hcrl'in arc JI)r
w1l\Cni<'IKc only, Thcy shall h:l\c no crti:et whatsoeHT in,ktcrmining the rights or obligations
of the panics,
24, IRHI'V()(',.\HllJJ-'t. Ii is undcrstood and agreed to by and bctwecnthc
rl'Slll'cti\c partics hcrcto that thc properly division-distrihution efti:ctcd by thc hl'rein Agrl'l'mcnl
is II(RFV( )('AIlII: and th:lt such di\ ision.distriblltion sh::Ilnot bl~ al'ii:ctcd by any liIlllre l'hangl~
in rirl'lllllst:lJ)Ces ufthe rl"l'el,ti\ l' 1':lrlil's (lR by other statut"ry or jlldil'i:d altnnatih's \\hirh
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PAUL R, MATTER. .IlL
Plaintiff
IN TilE COllin OF COMMON PI.EAS
c;ra:-:[,N,l' COUNTY.PENNSYI.VANIA
v,
NO, <)S-o<)SO Civil Term
ABIGAIL Q. MATTER.
Defendant
CIVIL ACTION - LA W
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREj: UNDER
~jjOI(c) OF TilE DIVORCE CODE
I, I consent to tlw entry of a Final Dccrec of Divorce without fitrthcr notice,
2, I understand that/may lose rights concerning alimony. division of property.
lawyer's fees or expcnses if I do not claim them hef(lre a divorce is granted,
3, I understand that I will not be divorced until a divorce (lccree is entcred hy the
Court and that a copy of the decree will be sent to mc immediately after it is filed with the
prothonotary ,
I vcrify that thc statcments made in this Affidavit arc true and correct. I understand that
false statements hcrein arc made suhject to the penalties of IS Pa, C.S, Section 4904, relating to
unsworn falsilication to authorities,
Date: Ii - :3 C . (.}el
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{U.H'? W d:,:-~
ABlGAri. -Q~'MATTER