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HomeMy WebLinkAbout00-06058 ~, , - - "';"'~ -~ - ;- ~ ~,-. ----~:- . "''''Of. "';t. "'''' ;f. ;f.,.,;f. "'''' "':f.:f. "'''' . :f.:f.:f. :f.:f.:f. :f.:f. :tiff. '" . . IN THE COURT OF'COMMON PLEAS OF CUMBERLAND COUNTY . . . STATE OF PENNA. . . . HEATHER L. MA'ITHEWS, . Plaintiff 00-6058 No. . VERSUS ROBERT E. MA'ITHEWS, Defendant . . DECREE IN DIVORCE ~ lL.--- AND NOW, , 20~, IT IS ORDERED AND . . . . DECREED THAT HEATHER L. MA'ITHEWS , PLAINTIFF, ROBERT E. MA'ITHEWS AND , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOW~S ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 28, 2001 and incorporated, but not merged into the Decree. . . . . . . PROTHONOTARY . . . :f. :f. :f.:f. :f.:f.:f.:f."'''':f. if. if. :f. ff.:tiff. Of. "'1f. if. . . . . . ;Ii'" "'ff. ;f. :f. '" . . . . . - - "he. .~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . II if it !~ ~ !j: iJ; i~j [j: Ii ~_, .. ,.,J'" .,J., t'. '., ., ':.!t , . 3/5.CJ,;} &- Co/ A~Z- 4 ~~ J . ~'5'?J") '7l~ ~ z; a:t ~ .... =,- ~ _ """",~-'~'-"",'~ - '1 ~-""''''''~_' .o~_.~ll'Ml1" ll'r., I' . - ,-,'-- ," ,'- "-" ~"Iillllk& ~TALSETTLEMENTAGREEMENT BY AND BETWEEN ROBERT E. MATTHEWS AND HEATHERL.MATTHEWS Donald To Kissinger, Esquire HOWETT, KISSINGER & CONLEY, PoCo 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Robert E. Matthews Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 Telephone: (717) 774-1445 Counsel for Heather 1. Matthews ~ " NUUUTALSETTLEMBNTAGREEMENT THIS AGREEMENT is made this _ day of ,2001, by and between ROBERT Eo MATTHEWS, Cumberland County, Pennsylvania, and HEATHER 1. MATTHEWS, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Robert E. Matthews (hereinafter referred to as "Husband"), social security number 196-52-7631, was born on December 1, 1954, and currently resides at 19 Highland Drive, Camp Hill, Cumberland County, Pennsylvania, 17011; WHEREAS, Heather 1. Matthews (hereinafter referred to as "Wife"), social security number 183-62-2807, was born on December 24,1968, and currently resides at 19 Highland Drive, Camp Hill, Cumberland County, Pennsylvania WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 1,1990 in Steelton, Pexmsylvania; WHEREAS, the parties separated for purposes of divorce on June 26, 2000; WHEREAS, two children were born of the marriage between the parties, namely Robert So Matthews, born DI~cember 19, 1990 and Jessica Eo Matthews born September 7, 1994; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance: of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estateso 1 ""~ - "- NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald To Kissinger, Esquilre for Husband and Barbara Sumple-Sullivan, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, al.imony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the tenns and conditions set forth herein are fair, just and equitable to each of the parties, and waives hils and her respective right to have the Court of Common Pleas of Cumberland or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigationo 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written 2 '--.-< . 1wrF< ~j .-.- > . ....i!-1 interrogatories, motions for production of documents, the 'taking of oral depositions, the filing of inventories, and all other means of discovery p=itted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedureo Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdictiono The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party aloneo Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and aparto Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. 3 - '< ^-, '" , , "" Each may, for his or her separate use or benefit, co'nduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisableo Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or hero Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the othero 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce onlyo The parties acknowledge that on September 1, 2000, Wife initiated a divorce action under the no-fault provisions of the Divorce Code by filing a complaint docketed at number 00-6058 Civil in the Court of Common Pleas of Cumberland County. The parties acknowledge that thl~ ninety (90) day waiting period provided for under g3301 (c) of the Divorce Code has expiredo Therefore, contemporaneously with the execution of this Agreement, each party will sign an Affidavit of Consent of Divorce and a Waiver and Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the Court, along with a Praecipe to Transmit Record, Vital Statistics Fonn and any and all other documents necessary to precipitate the prompt entry of a Divorce Decreeo 5. EOUITABLE DISTRIBUTION. (a) Marital Residenceo The parties acknowledge that they are the titled owners, as tenants by the entireties of that certain house and lot and all improvements thereupon situated at 19 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 4 "-,c '. <;.'tiIl (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she deems appropriateo Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residenceo Husband shall, at Wife's request, execute a d(:ed transferring all of his right, title and interest in the Marital Residence to Wife. Husband agrees to execute said deed at the time of execution of the Agreement. Said deed shall then be delivered to counsel for Husband who shall hold the deed in escrow until such time as Wife refinances the mortgage on the Marital Residence and Husband is released from all liability thereono At that point, Husband's counsel shall release said deed to Wife for recording, and, thereafter, Wife may take any action with respect to the Marital Residence that she deems appropriateo (2) Husband agrees that as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policieso (3) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and 5 administrators indemnified and held harmless from' any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residenceo Moreover, Wife shall, within thirty (30) days of the: date ofthe execution of this agreement, take all steps necessary to apply with the current mortgage holder of the mortgage associated with the Marital Residence to have Husband's name released from any liability theretoo Should the mortgage holder deny said application, Wife shall reapply to remove Husband from liability associated with the mortgage every six months thereafter lmtil such time as the mortgage holder approves said applicationo Wife shall have a duty to provide Husband with copies of all documentation evidencing that she is in compliance with this subparagraph within forty-eight (48) hours of submitting said documentation to the mortgage holder or, upon receipt of said documentation from the mortgage holdero (4) Notwithstanding the above, the parties agree that Husband may continue to reside in th(~ Marital Residence until he secures a new residence, but in no event shall Husband be permitted to reside in the Marital Residence any later than October 31, 20010 If Husband is still residing in the Marital Residence subsequent to October 8, 2001, he agrees to pay one half of the monthly mortgage, including taxes and insurance premiums, and one half of all monthly household expenses for the month of October. If Husband vacates the Marital Residence after October 1, 2001 but before October 8, 2001, he agrees to pay a pro rated share of the monthly mortgage and household expenses for the month of October. (b) Steelton Property. The parties aclmowledge that during marriage they owned, a tenants by the: entireties, real property located at 1 North Front Street, Steelton, Dauphin County, Pennsylvania, 17113 (hereinafter referred to as the "Steelton property")o The 6 ,k. . ~ parties further acknowledge: that the Steelton property was recently sold and the net proceeds thereof, which is in the amount of Six Hundred and Fifteen Dollars and Eighteen Cents ($615.18), were placed in escrow pending resolution of the parties' matrimonial actiono The parties agree that husband shall receive, as his sole and separate property, the net proceeds from the Steelton property and arty and all interest that has accrued while the money has been in escrow, and Wife hereby agrees to waive, relinquish, and release any and all past, present or future right, title, claim and interest she may have in and to the proceeds of the Steelton propertyo (c) Furnishinl!s and Personalty. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment in accordance with the attached list identified as Exhibit "A." (d) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1997 Nissan Ultima automobile currently titled in the Wife's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1999 Buick Regal automobile, currently titled in the 7 J. ,- " -",_. 1 .~-=..-o/ft Husband's sole name, along with all rights under any insllTance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wifeo Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in I~onnection with any vehicles belonging to Husband by virtue of this subparagrapho Wife further waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the proceeds from the sale of the 1987 Chevrolet Cavalier automobile sold by husband during marriage. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagrapho (e) Life Insurance. (1) Except as may be set forth below, Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of beneficiary designation thereundero (2) The parties acknowledge that Husband is insured under a life insurance policy with his current employer on which Wife and the parties' two children are named as beneficiaries. Th'e parties agree that, as of the date of execution of this Agreement, Husband shall continue to IIlame the children as beneficiaries on the existing life insurance policy, which said beneficiary designation shall be irrevocable until such time as the parties' youngest child graduates from an accredited undergraduate institutiono If either of the parties' children do not attend an accredited undergraduate institution, Husband shall not be required to 8 "d _ .'~-_. .--< 'J. '""'0..-', maintain that child as a beneficiary. Until such t~e as each child attains the age of eighteen (18), insurance proceeds distributed shall be held in trust for the child, with Wife as trustee, to be used for the benefit of the child during minorityo Any proceeds remaining in trust at the time the child reaches the age of eighteen (18) shall be distributed to the childo (1) Cash Accounts. (1) The parties acknowledge that Husband has a savings account (#01-300000696) lmd a checking account (#01-00011419) with Mechanics Savings and Loano Wife agrees that Husband shall receive said accounts and the monies therein as his sole and separate property, and Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to said accounts or the monies thereino (2) The parties acknowledge that at the time of separation they were joint owners of a savings and checking account with Members First Federal Credit Uniono The parties agree that Wife shall receive said savings and checking account and the monies therein as her sole and separate property, and Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the joint savings and checking accOlmt or the monies thereino (g) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401 (k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereundero The parties 9 .'-" .. / .' - ,-', ;-j'-,v;,_ -,-- ',- -~-" -, _-Cd" agree that they shall execute any documents pursuant to tlle Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagrapho (h) Miscellaneous ProDerty. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possessiono This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) ProDertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that propertyo This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wifeo (j) ProDertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 10 ,'~ ,-", ~~' " ,,~, "~'-'~"'. (k) Assumotion of Encumbrances. (1) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all liabilities he has incurred in his name alone, specifically to include any obligations to issuers of credit cards in his name. (2) Commencing on the execution date of the Agreement, Wife shall be solely responsible for any and all liabilities she has incurred in her name alone, specifically to include any obligations to issuers of credit cards in her name. Wife shall immediately deliver to Husband any and all credit cards in her possession that provide for joint liability, and Husband shall immediately take all steps necessary to close any and all accounts that provide for joint liabilityo (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this agreement. Each party to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this agreement. (I) Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liableo A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property hannless from any and all such debts, obligations and liabilitieso 11 , " , ---. ~~-.:.;- . ,--~~j (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewitho (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewitho (0) Warranty as to Future Oblil!ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsibleo From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights 12 ~ -'"," .. . '--,-. -,_Co'. ,J;_" .~,,,' . "-".''-'- and claims which he or she may have now or hereafter by-reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wifeo The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the othero 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 8. WAIVER OF INHERITANCE RIGHTSo Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each ofthe parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, 13 , .=, "! , !Ji&m-~, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased partyo 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the futureo However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposeso (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights 14 ,c_ .~ ,--:' -'~-,. -~ and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisionso Neither party shall have any obligation to the other not expressly set forth hereino (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any fonner or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetinle conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other countryo (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes 15 of action, claims, rights or demands whatsoever in 'law or in equity, which either party ever had or now has against the othero 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties heretoo 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any wayo 14. BREACH. If either party hereto breaches any provision hereof, 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 hero The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching partyo 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16 ~ "i,.{it 16. NOTICE. Any notice to be given.under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Robert Eo Matthews c/o Frank So Matthews 119 Penn Street Steelton, PA 17113 and to Wife, if made or addressed to the following: Heather 1. Matthews 19 Highland Drive Camp Hill, Pa 17011 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragrapho 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution dateo 17 " p-.'r , .' ,'~," <l 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliationo This Agreement also shall continue in full force and effect in the event of the parties'divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and voido 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the partieso 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary 18 , ' " ~,~ -",'--c .-,~- designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failureo 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releasedo IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgmentso ];Zc-{)~ TNES " .~1f2Jc P- m~1/ LA. RO ERTE.MATTHEWS ~~~ HEATHERL. TT S 19 ~ ." - "<'.,:." ~~ '-~ COMMONWEALTH OF PENNSYLVANIA r COUNTY OF '~:-~~"3\A.~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared ROBERT E. MATTHEWS known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressedo GIVEN UNDER MY HAND AND SEAL OF OFFICE thiS(~ .~ \e ~~ '\ '1'\1\; i_,2001. day of r.....,., !"~m 8 rJ: -, ~ ~~ . , ~, "'} -Notary-Puolic in and for \ Commonwealth ofPennsylvaniV Typed or printed name of Notary: ( My commission expires: NOTARIM. SEA\. OEBllUI. SHIMPiN~:5~NlY ~:'~=:~~RES AUG. 29 2005 20 "'''"",,'. :-- """'." ..-.-.;';~-':~:,--'-::';"",'." :'-:'=~.-- ----.-".~""':"''';~~,,~.~~...,.~. -.- .~,. - "--.~~--"".-'-""'...:.'::.C:::~:-~--:'.~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF &.?7-;YJ.J*..vv~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared HEATHER 1. MATTHEWS known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressedo . 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'"""""',- ". -----~-~, ~ .0-' "1liiiIi . l; ~j I " Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HEATHER L. MATTHEWS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-6058 ROBERT Eo MATTHEWS, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD i To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) ofthe Divorce Code. 2. Date and manner of service ofthe complaint: United States Mail, Certified Mail, Restricted Delivery on September 22, 2000. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: September 28, 2001; by Defendant: September 28, 2001. 4. Related claims pending: All matters have been resolved pursuant to a Property Settlement Agreement reached by the parties dated September 28, 2001 and incorporated, but not merged into the Decreeo 50 Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: October 2,2001. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: October 2,20010 /)' / / Dated: March (p, 2002 arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774J 1445 Supreme Court ID #32317 Attorney for Plaintiff __ n.. _ ," ,~ '0: "= /._ '" ",., :.,'-' ,n.", ~:~'" " ';"'~'~' .~ . , '" Barbara Sumple-SulIivan, Esquire Snpreme Court #323 I 7 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 HEATHERL. MATTHEWS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Vo ; NO. 00-6058 ROBERT Eo MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Darren J. Holst, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street PoOo Box 810 Harrisburg, Pa 17108 DATED: March..k, 2002 /;;;/ ~/ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.Do Noo 32317 Attorney for Plaintiff "',",,;:; ,i",I," :v:':L;i,;,c,,"C;,L::i:.:,'" .' '\~->~--,,-, '~^,.-- -if'" -'-., ~. ~" '",. ~~;"),, ."~--,,- .~:, --,----;,-,~ ',-,-. ~' C' I I 0 C} () C r"..J Tl s: ::!: .--; -00; J:Jr~ mn-~ ;:0 if Z::C' I -i:~ 655; en ::~~ -<~~': co " ~~?~ " ):>1'; .- ;;;::('j w Onl Pc =;;! Z ':J] :0 :;;:J c, -< , "~ -, - - - .', un'-,""'" .,' - .- ",~ .' ,. ",'"c,<"",~~""",'~g"c_~_*,,,,:,', ,.-<<'+' _ '~='>';~;",",;;:l,;,;,jj'<,;,,,;-;---,~u {,:';-;;,>-:<"",_~~,__ ',,~:u:<";l_,"_i0 HEATHER L. MATTHEWS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. tb - ~06g' : CIVIL ACTION - LAW : IN DIVORCE b;J ROBERT E. MATTHEWS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. Ajudgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, .. -you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 - -~" ,~-'" .- .~-_.,,.---,,---- --:---, ,-'-d" ",-", ~-,.;,,:.~, -',;",.,,-,'.~ '~:if"''';;-''E--'':';;;;''''_i.:--' \i;,:,;;"',..-,,~,~;,;~&.i--;~_;',_,:;;,,<..~,; , '" ,,-,-,,'i, HEATHER L. MATTHEWS, Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ff) - C.OJ-J' C-Wd ~ ROBERT E. MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is HEATHER L. MATTHEWS, an adult individual residing at 19 Highland Drive, Camp Hill, PA 17011. 2. Defendant is ROBERT E. MATTHEWS, an adult individual residing at 19 Highland Drive, Camp Hill, P A 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint 4. The Plaintiff and Defendant were married on June 1, 1990 in Dauphin County, Pennsylvania. 5. There are two (2) minor children born ofthis marriage: Robert S. Matthews, born December 19, 1990; and Jessica Elizabeth Matthews, born September 7, 1994. 6. The parties separated on June 26, 2000. ." ..--",'" ~.,.-"",.,,,,, "'J<.~~.. ."".'." "'~ ".L._",._", ;,,;;:.; ->."~:" -:,,,, .:,,/~.~_:';';;<: " ~:_"";;;,/\ ,;SU;j;,~:".;~~;;&,~~;,:.;,";i,i,.:.,_." ,~,-::.:.-i;;:;~-:i;:~ 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code. COUNT IT EOUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 ofPlaintifl's Complaint are incorporated 2 ,,",,"._c;', ,;;'J'~ _,-;,- herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, HEATHERL. MATTHEWS, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: August 30, 2000 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 -~';" -,.,' ~ ";.,',, '. ,h'd-;'; ",,,~',,"id :4t:,,_i:-~,';i,_-,,^:':',." - '''' "i;<,U;z/,,:,o'.--.:>>' ,),;[>,-4;.,-,-",". 'jL;_.:;;:,';:~;.",i;;.;,,$~;; '''c" ~ . '. _~_~' , HEATHER L. MATTHEWS, Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. rJ1)_~()SJ'~~ ROBERT E. MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: 3~;)d-(){) ~ Yi{U:iAvAJ~ HEATHER L. MATTHEWS w,~ .~' "e-- .~__" _, ",~,. ,-.>0_' """~.~. ."""q; ';'c c .- "" _;;};,~_""''';.'' "..,;,>-,,_,~,_-~, '0 0"'. .; "_,;,, -0'-""-" ,,[. ';.;,' "" :':"x~;!;-."'~ HEATHER L. MATTHEWS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. ROBERT E. MATTHEWS, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, HEATHER L. MATTHEWS, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ~-JJ-[J() ~~dtN4J HEATHERL. T WS ,"'- ,., "" ~ 0_'.. ,., , " H, , " -,.;,---, - "-"" ~ , ;.:t-;:(\~i~1 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 HEATHER 1. MATTHEWS, Plaintiff Vo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA : NO: 00-6058 ROBERT Eo MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 1,20000 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decreeo 40 I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is grantedo 50 I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pao C.S.A. Section 4904 relating to unsworn falsification to authoritieso DATE: q-t/!-6! ~'IJ1~ HEATHER L. MATTHEWS :--i ~;,;,,~-"-_.-~ ~-;-,,"'- I ';,:""" ' ; , : ~;, ;:"y., ,.~" ~;,'-";-, --,- -, -~ '" '",:--, . . ~'" . ~,,;,.i.. ~":"^~;- .~' '0',,,,,, .':-. III M' o ~p; lJtj~ rnr'; ~;);, ""....,.. ~J". ~e~~ ~(d j.: (.d c" Z, -) --. I~ C'l C) .,.., '0-1 f'.: ~~ -, - .. ,',) 0.) ,,,"' U~ - "~ ~ ~'.II ~J .... r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER 1. MATTHEWS, Plaintiff Vo ) ) ) ) ) ) ) CIVIL ACTION - LAW IN DIVORCE NO. 00-6058 ROBERT Eo MATTHEWS, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under 93301(c) of the Divorce Code was filed on September 1, 20000 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 30 - I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decreeo WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 10 I consent to the entry of a final decree of divorce without notice. 20 I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is grantedo 30 I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaoC.so 94904 relating to unsworn falsification to authoritieso Date: c; -2 f-o I ilcJu f [} rJ1~tJQ Rooert E. Matthews, Defendant - ....."dllil~ ~~~!ili6iiMtlij~....kI.ii'ili~~6'iib~iili'",,&...b<L"'1Jk,i}W~l,"'1,~~/;;;r<1l;>\'lI~IWj~":: ~'cl'~~'~ ) , '" ~~. ~,-, "'-.- ~ <-- ,~ ,~-~..,'~ r- (') C ._~7~ ""tJl;r. fT;!"" ~~- ~;:(;: ~~ , \...,"" ~ ~,"""""" ~. C:") Cd C') ::,,,1 I j",,:' ~~: r...) 0') 1 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 HEATHER 1. MATTHEWS, Plaintiff Vo : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO: 00-6058 ROBERT E. MATTHEWS, Defendant . CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTRNTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 10 I consent to the entry of a fmal decree of divorce without notice. 20 I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is grantedo 30 I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary 0 I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 PaoC.So ~4904 relating to unsworn falsification to authorities 0 DATE: tf-J,g-ol ~cr'11Z~~ HEATHER L. MATTHEWS "~ " ."~~"." ."_ .,,' C"""',, ',,"d,;, _" <'0' .w,' ", ~,k, ~,c';;k '~";;~",;c",'"<c"..;,,,,;,,,,,;,;,,,,,,,,, ." Q f" -7.;r-7" rl'"i('I'j ';:::;)'1 ~~. j;;,-- ~C,~ ..-.(- -".;:;;:: <- --j -.. ", ; ",;,,' ~ '~.; I~'....'.,.' ~ , ~ (:) (;) C') -oj , !"'3 SE ."-> 00 ".._"0' "_",;"__,,,",,,,n,,.'<, ~'--'"_:_:,H'-''' " ,- .-, ,- -- ,', '1,~",,~,'-y,- f',!,,'-," 'q ;-~:":"">7 --;,-" '-",c'--tlf,-,'"e"-",-,-,C--","" ". ,- ~' ~' '.--> ~.., '-'t,'i HEATHER L. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vo NO. 00-6058 ROBERT Eo MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified Noo 70993220000708989610, Return Receipt Requested, on the above- named Defendant, Robert E. Matthews, on September 22,2000 at Defendant's last known address: 19 Highland Drive, Camp Hill, PA 17011. The original receipt and return receipt card are attached hereto as Exhibit n An. I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pao CoSoAo ~4904 relating to unsworn falsification to authorities. Dated: September 25, 2000 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff _ ':'.LL ~ ~Ii'~, . . " l:J # /&. /41,,.;-1 Z. Postage $ <D Q"" <D l:J CertIfied Fee I"- Return Receipt Fee (Endorsement Required) l:J Cl Resbicted Delivery Fee . Cl (Endorsement Requited) _, P-.. & Fees $ l:J ru ~ ~'=~?l:.:.~'ZJ.~;L:r;:~:7t6!:~0.?____.._ Q"" s-{-.;!f(fi NOo'$ Box Noo , ~ _..Lo.._____.._oo..Z'?--6./.d~C2.... ,:2l:o.L_...o~_..._o__..o_.... l'- City, ,IP+4~, '71 1"701/ ~.adl1"1~l~~iiems 1, 2, and3. AI$O cdmpi~tei Uem 4 if Restricted Delivery is desired. II . Print your name and address on the reversp so that we can return the card to you. . Attach this c,?-~, to the back of the mailpiecet or on the fron.t if spa-ce permits. 1. Article Addressed to: If/t!, /'7 Crm/l 4'11 //IA;4.,s fh'fI.LA/'/O VA: ~ 17(Jj) 3. Service Type "- Certified Mail ti Registered D'Insured Mail o Express Mall o Return Receipt for Merchandise o C.O.D. 1Lu/7-t..J ~ 4. Restricted Delivery? (Extra Fee) 2. Art.ide. Niimb. er (cOPy. from service label) . ..... . A> 'In 'i'\1\i~~" ~rilJ'H)l'41 w PS Farm 3811 , July 19!19 Demeslic Retum R_pt )II! Yes 10259S-OO-M.:09'52 ... EXHIBIT "A" l' - ., ,~- " " .;._- , . , . HEATHER L. MATTHEWS '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW VS. NO. 00 - 6058 IN DIVORCE CIVIL 19 ROBERT Eo MATTHEWS Defendant STATUS SHEET W4.,Vl ~ ~ I '.?fOpo(Y)' ~~r:1:t:::~:~;!;;;::/ t~~:1 Ibt'.'w;. ~ L";t.... ~r.eJ ~:r-, . \ ',00 ~ . rn . ~.l YllliYo/P~ ~kJ1 Otr ~. I tJ ( 'J-17-+-< r ~0f1~~~ )AtAq(tA(~(. 6.--v/.v,~ ~ ~ , " , , ~ -- { I 'j ", . HEATHER L. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6058 CIVIL ROBERT E. MATTHEWS, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Darren J. Holst Attorney for Defendant DATE: Wednesday, June 13, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions 0 / "'_C'..,,",,'. <""'",,c ._, . ~"';: ,'" ,,' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY 0 THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. __,"n_ ;-~<,.i--,,,,Ci':-;'~,.-_*-,,;-,,__t~:,:~_;,:?;,~::",,,~:.,-_'-";,;;,' ":,,;::,,,, .. ,. c- ,,'_,. e,,_'_;; LAw OFFICES BARBARA SUMPLE-SULLIV AN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 October 1,2001 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Matthews v. Matthews No. 00-6058 Dear Divorce Master Elicker: Per my message to your office on Friday, the parties have agreed at this time to settle the mattero Enclosed please fmd two fully executed copies of the Marital Settlement Agreement. Please proceed to revoke the Master's appointment. I will be filing the Praecipe to Transmit the record. Thank you for your consideration in this regard. Barbara Sumple-Sullivan BSSlld Enclosures cc: Darren 1. Holst, Esquire Mso Heather L. Matthews IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JUL 2 3.200~ HEATHER 1. MATTHEWS, Plaintiff Vo ) ) ) ) ) ) ) NOo 00 - 6058 CIVIL TERM ROBERT Eo MATTHEWS, Defendant CML ACTION - LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT PURSUANT TO Pa.R.Civ.P.1920.33 AND NOW, comes Defendant, Robert E. Matthews, by and through his counsel, Howett, Kissinger & Conley, Poc., who files his Pre-Trial Statement pursuant to Pennsylvania Rules of Civil Procedure 1920.33: I. FACTUAL/PROCEDURAL BACKGROUND Plaintiff Heather 1. Matthews ("Wife"), social security number 183-62-2807, age thirty- one (31), born December 24, 1968, and Defendant Robert Eo Matthews ("Husband"), social security number 198-44-9594, age forty-six (46), born December 4, 1954, married on June 1, 1990 in Steelton, Pennsylvania; it was the first marriage for both parties, producing two minor children, Robert S. Matthews, born December 18, 1990, and Jessica E. Matthews, born September 7, 19940 Husband is employed as a production worker at Hershey Creamery Company, where he has been empleyed in such capacity since 1989, making roughly $30,000 per yearo Wife is a salaried employee at CGU Insurance Company in its workman's compensation department. She has been employed by CGU Insurance Company for the last five years, and her currently salary is roughly $39,000 per year. ,> ~' . , ,~ -- '--"" ~- >' During marriage, Husband did most, if not all, of the cooking and outside maintenance on the residenceo The two shared the child rearing responsibilities, with Wife being the primary care giver of the minor childreno While, occasionally, the parties assisted each other with the duties and endeavors attendant to marriage, for the most part the parties acted independently of each other during marriage and remained self-sufficient. Their ten-year marriage ended in separation on June 26, 2000 when Wife left Husband a letter expressing her desire to separate. Though the two separated on June 26, 2000, they both continue to reside in the marital residence, 19 Highland Drive, Camp Hill, Pennsylvaniao Wife initiated the divorce action on September 1, 2000 raising claims for no-fault divorce under the Divorce Code and equitable distribution ofthe marital propertyo On June 5, 2001, Wife filed her motion to appoint a divorce master to address the divorce and equitable distribution issues, and an order was entered by the Court appointing the Honorable E. Robert Elicker, II as Divorce Master. II. ASSETS A. Marital Assets . ANY LIENS OR DATE OF ASSET TITLEl VALUE VALUATION PORTION . ENcuMBRANCES # POSSESSION NON- . MARITAL . . .. 1 19 HigWand Drive Joint / Joint $115,933 2/19/01 No Yes Camp Hill, PA (mortgage balance (Marital Residence) of $90,926.62) 2 1 North 4 ~ Street Joint $615.18 3/26/01 (date No None Stee1ton, PA residence sold (Stee1ton Property) and proceeds escrowed) 3 1997 Nissan Ultima Wife / Wife $12,200 Current No Yes automobile . (car loan of$7,OOO) 4 Mechanics Savings Husband / $898013 6/26/00 Yes None and Loan Checking Husband I I Acct #01-00011419 I '~ -~, "" -c . .- '.-;, 5 Mechanics Savings Husband / $4,019.19 6/26/00 Yes None and Loan Savings Husband Acct #01-30000696 6 Members First Joint / Wife $287.05 6/30/00 No None Savings Acct #30243 7 Members First Joint / Wife $2,898.28 6/30/00 No None Checking Acct #30243 8 llershey Creamery Husband / $17,140.18 5/9/01 Yes None Company 401(k) Husband Savings Plan 9 llershey Creamery Husband / To be Current Yes None Company Defmed Husband provided Benefit Retirement Plan 10 Prudential Variable Wife / Wife $4,070.65 1/26/01 No None Annuity IRA 11 Household Personalty Joint / Joint $10,000 Current Yes None and Furniture Do Non-Marital Assets . # ASSET VALUE DATE OF LIENS OR . VALUATION . ENCUW3RANCES 1 Husband's 1999 Buick Regal $10,000 Current None Automobile 2 Proceeds from sale of 1987 $1,600 Date of Sale None Chevrolet Cavalier Automobile 3 Non-marital portion of Husband's $1,646.84 Current None 401(K) plan 4 Non-marital portion of Husband's To be provided Current None Defmed Benefit Pension 5 Non-marital portion of Husband's 61.36 4/13/01 None Mechanics Savings & Loan Checking Account # 01-00011419 6 Non-marital portion of Husband's 52.96 4/13/01 None Mechanics Savings & Loan Savings Account # 01-300000696 7 1966 Ford Mustang $15,000 Current None - -_~.c-.,_- : III. EXPERT WITNESSES At this time, Defendant does not intend to call an expert on his behalf, but he reserves the right to call an expert witness either on direct or rebuttal if necessary and appropriateo IV. OTHER WITNESSES OTHER THAN PARTIES Noneo V. LIST OF EXHIBITS Defendant plans on submitting the following exhibits at hearing: 10 Parties joint 2000 tax returno 20 Current pay stubs from Husband's employment. 30 Statements from Husband's Mechanis Savings & Loan accounts. 40 Statements from parties' joint Member's First accounts. 50 Statements from Husband's Retirement and 401(K) plan. 6. Mortgage statements on marital residence. 7. Credit Card Statements Defendant reserve the right to identify and introduce additional exhibits prior to trial upon proper notice to Plaintiff. In addition, Defendant reserves the right to introduce rebuttal exhibits as necessary and appropriateo VI. DEFENDANT'S INCOME; Defendant's sole source of income is from his employment with Hershey Creamery Company, where he makes roughly $30,000 per year. A copy of the parties' 2000 joint tax return will be introduced ~_H as an exhibit at the hearing. Husband's income for 2001 will be considerably less given a work injury that occurred late in 2000 and given the fact that he has been working less hourso VII. PENSION OR RETIREMENT BENEFITS. See Marital Assets Chart aboveo VIII. COUNSEL FEES. Defendant has not raised a claim for counsel fees, costs and expenseso IX. PERSONAL PROPERTYo See Marital Assets Chart aboveo X. MARITAL DEBT . . PURPOSE OF ::'-' . -c- INITIAL AMOUNT AND DATES EVIDENCE # ASSET PRESENT DEBT AS AMOUNT' DEBT OF PAYMENTSlNCE . OFFERED AMOUNT . OF D.O.S. . DATE of .' : '.IN '. . . , ... " sE~MA1tlQN. ...... I:,' SVPJ'ORT 1 Wife's Chase $218.38 $218.38 $218.38 Personal 0 Statements Visa Credit property Card Account 2 Mortgage on $90,926.63 $92,000 $10,000 Purchase $871 month Mortgage marital marital Statements residence residence 3 1997 Nissan $7,000.00 $7,000 $7,000 Purchase Car Monthly Loan Altima Car (paid by Wife) Documents Loan Most marital debts were paid by Husband at or around separation. Husband reserves the right to seek appropriate credits. XI. PROPOSED RESOLUTION. Defendllnt proposes the following resolution: " ' ---- Ao Eauitable Distribution: Husband offers a 50/50 distribution of the marital estate with an in-kind distribution of the household personalty and furniture. B. Alimonv: Wife has not raised a claim for alimony. Co Counsel Fees. Costs and Expenses: Neither party has raised a claim for counsel fees, costs and expenseso Accordingly, the parties should be responsible for their own counsel fees, costs and expenses incurred as a result of this actiono Date: 7,0J ~) ! Respectfully submitted, ~c _~~ arren J. Hols squire ' HOWETT, KISSINGER & CONLEY, PoCo 130 Walnut Street PoOo Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Defendant Robert Eo Matthews ,~,~- - - ~- ,--,'"'" ,'a -.1,';;,,-" ,.-~ -" - '->ti . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER 1. MATTHEWS, Plaintiff Vo ) ) ) ) ) ) ) NOo 00 - 6058 CIVIL TERM ROBERT E. MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Robert Eo Matthews, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Pre-Trial Statement Pursuant To PA.R.Civ.Po 1920.33 was served upon Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff Heather 1. Matthews, by depositing same in the United States mail, first class, on July 20,2001, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: 7/;o!o1 , 2~H1E~ HOWETT, KISSINGER & CONLEY, PoCo 130 Walnut Street PoOo Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Defendant Robert E. Matthews , ,~.'.-.- ~ LAw OFFIGES BARBARA SUMPLE-SULLIV AN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-70~9 Eo Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Matthews v. Matthews No. 00-6058 Dear Divorce Master Elicker: Pursuant to your directive of June 29, 2001, enclosed please find Plaintiff's Pre-Trial Statement in accordance with PoRoCoPo 19020033(b) in the above-captioned matter. Barbara Sumple-Sullivan BSSlld Enclosure cc: Darren Jo Holst, Esquire (w/enclosure) Ms. Heather L. Matthews (w/enclosure) HEATHER L. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 6058 CIVIL ROBERT E. MATTHEWS, Defendant IN DIVORCE ~~'b1:JJ:;E~OT'I~=;.g~,g~~(ii;o~~,~W~ TO: Barbara Sumple-Sullivan , Attorney for Plaintiff Darren J. Holst Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 28th day of Septemer, 2001, at 2:30 porn., at which time we will review thepre-trial_ statements previously filed by counsel, define issues, identify witnesses, explore the possibili,ty of settlement and, if necessary, schedule a hearing 0 Very truly yours, Date of Notice: 9/6/01 E. Robert Elicker, II Divorce Master ~. ,.L .-..'~ HEATHER Lo MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 6058 CIVIL ROBERT E. MATTHEWS, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Barbara Sumple-Sullivan , Attorney for Plaintiff Darren J. Holst Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the l4th of September, 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 7/26/01 E. Robert Elicker, II Divorce Master . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci do Colyer Office Manager/Reporter West Shore 697-0371 Ex\. 6535 June 29, 2001 Barbara Sumple-Sullivan Attorney at Law 549 Bridge Street New Cumberland, P A 17070 Darren 1. Holst, Esquire HOWETT, KISSINGER & CONLEY, P.Co 130 Walnut Street PoOo Box 810 Harrisburg, PA 17108 RE: Heather 1. Matthews vSo Robert E. Matthews Noo 00 - 6058 Civil In Divorce Dear Mso Sumple-Sullivan and Mro Holst: Both counsel have certified that discovery is completeo Therefore, I will proceed with a directive for the filing of pre-trial statementso A divorce complaint was filed on September 1, 2000, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. No claims have been raised for alimony or counsel fees and expenseso I assume that grounds for divorce are not an issue and that the parties will either sign affidavits of consent or have been separated for a period in excess of two yearso In accordance with P.R.CoPo 1920033(b) I am directing each counsel to file a pretrial statement on or before Friday, July 27,2001. Upon receipt ofthe pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss ~~- -,. -,.,-'.--;., - " -.'- , " . Mso Sumple-Sullivan and Mro Holst, Attorneys at Law 29 June 2001 Page 2 the issues and, if necessary, schedule a hearingo Very truly yours, Eo Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING V ACATEDo "V', 0"'''' ;__'" .,,' ,.C,>,',';--'",.',.., <. -;-A< '-',,,,.~_2'>;".';'"--',,~~~..;;;,,.,,),,, -""k,", ';i'v'_ " ,c,'",., LAw OFFICES OF HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRJSBUIlG, PENNSYLVANIA 17108 JOHN C. HOWETT, JR. OONALDT. KISSINGER CINDY S. CONLEY DARREN J. HOLST (717) 234-2616 FJlX(7J7)234-S402 DEBRA M. SHIMP Legal Assistant June 28, 2001 Eo Robert Elicker, II. Office of Divorce M~ster 9 North Hanover Street Carlisle, PA 17013 Re: Matthews v. Matthews No. 00-6058 CIVIL Dear Master Elicker: Enclosed please find Defendant's certification that discovery is complete in the aforementioned caseo A copy of Defendant's certification has been served upon opposing counsel, Barbara Sumple-Sullivano ;:;~ Darren J. Holst DJH/djk Enclosure cc: Barbara Suniple-Sullivan, Esquire (w/encl) Robert Eo Matthews (w/encl) ~, ",~ JUN 2 9 2001/t HEATHER L. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6058 CIVIL ROBERT E. MATTHEWS, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Darren J. Holst Attorney for Defendant DATE: Wednesday, June 13, 2001 CERTIFICATION /--:::~i~:r~~~y M:~~~r d~:~o~:~;-~i:~i~~ii~e as.::..~:=~~':~:._") -'~-".-/ ....--- .,.--'" OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions 0 ',,If" ',:',-. C'--;._u'," __~_. " (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. clzrlol DATE ? ~ W::f ~OUNSEL OR PLAINTIFF ( ) COUNSEL FOR DEFENDANT (~ NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT 0 - < "", - ",-"-', . ",'.,. " ,~- -"..",. '.;"" ~""-"'_"/_".'-f~_c, "n;-"" ,." ",."~< .c-'-'; -"--'-;C-'_'''''~''''''''''"~' '1'. . Barbara Sump1e.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Counsel for Plaintiff HEATHER 1. MATTHEWS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NOo 00-6058 ROBERT E. MATTHEWS, Defendant CIVIL ACTION - LAW : IN DIVORCE ORDER ANDNOW'~~U .'2001'0~~t~;'~ master with respect to the claIm of EqUItable DlstnbutlOno , Esquire is appointed BY THE COURT: L~J (~}:3 \.s [\ ,eKe rs -n I e.. 1 I , :'~ . ."~. '. ~... .' ...!!!"'I ~~ ',-0-" ~m- _ FILED-D)=F!CE r'J: T' 'c:: ':'!V'TU^'j""OTARY \../1 ; :-;''- -, I-~I,: '\"-, \! Ii 01 JUN - 6 Al1 8: 51 CUMBEHLAND COUNlY PENNSYLVANIA '""-,'m_,,.~. "..,....v.. -',,-' ~ ~ "~-. -~ ,-, . . '-' ,-"","""-~-",~,,~,,~,,:__;,_I_~",,,;>'J"'Y'_':-;'~- _r --'C:'~._ , _".,,<', ,"~__'.'_:__" . '--'~,., ,~_ -.'''0 -:"~ "_". ,',,-d+"~_ ~.~"" ",. ""-"'--';~f--"-,ill,;, , , " ,~ ,',",",' -,~.;-'~<,,;- " ,,,~,,, , , ,;) . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HEATHER L. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NOo 00.6058 ROBERT E. MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOlNTMRNT OF MASTER (Pursuant to RoCoPo 1920.74) Heather L. Matthews, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite ( ) Review of (X) Distribution of Property ( ) Counsel Fees ( ) Costs and Expenses ( ) Support and in support of the Motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. The only outstanding information which Defendant is presently obtaining is certain statements for Defendant's accounts and verification as to whether Defendant is entitled to, any other retirement benefits through his employer aside from his 401k. 2. The Defendant has not appeared in the action personally by his attorney, Darren Jo Holst, Esquireo 3. The statutory grounds for divorce are irreconcilable differenceso 40 The action is contested with respect to the claim of equitable distributiono . "~,-" .-.,,'" - -- ;"~_:,"C;',,,,,_, __',_ i, :.,-:" ,'~~; J'-,~';', -, ,c:.-_,_,; .;, ,;:.';t~"5ihi.< ~,-0,;i;;-'( ;-~~i:;' ~':",~:~'ii C, " ., '-.'_ 50 The action does not involve complex issues of law or fact. . 6. The hearing is expected to take one (1) dayo 70 Additional information, if any, relevant to the motion: Dated: June 5, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Supreme Court I.Do #32317 (717) 774-1445317 Attorney for Plaintiff 2 J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 HEATHER L. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vo : NO. 00-6058 ROBERT Eo MATTHEWS, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, hereby certify that on this date, I served a true and correct copy of the MOTION FOR APPOINTMENT OF MASTER, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: DATED: June 5, 2001 Darren Jo Holst, Esquire Howett, Kissinger & Conley, P.Co 130 Walnut Street PoO. Box 810 Harrisburg, P A 171 08 , /l Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court IoDo Noo 32317 ,T",,_":' , ~;, ''''--'-''- ;j. ,.~,- ' ~ LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW GUMBERLANDo PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 June 21, 2001 Eo Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Matthews v. Matthews No. 00-6058 Dear Divorce Master Elicker: Pursuant to your request, enclosed please find my Certification of Discovery in the above- captioned mattero l ,Barbara Sumple-Sullivan I , BSS/ld Enclosure cc: Darren J. Holst, Esquire (w/enclosure) Mso Heather 1. Matthews (w/enclosure) '" JON 2 2 2Dm~ HEATHER L. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6058 CIVIL ROBERT E. MATTHEWS, Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Darren J. Holst Attorney for Defendant DATE: Wednesday, June l3, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. . . ~ - --," ' ;~ .~.,," .,"-, "e',_, ;:,'M-", ~ - ^, '",,'.-. . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. u);i~ FOR PLAINTIFF (--r COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STAT~MENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. '__ ."od..' ,-c. ';""~ ~, , JOHN C. HOWEIT. JR. DONALD T. KISSINGER CINDY S. CONLEY DARREN J. HOLST LAw Omea OF HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HAJUUSBURG, PENNsvt.VANlA 17108 (717)234-2616 FAJ((717) 234-S402 DEBRA M. SHIMP Legal Assistant July 20, 2001 Curt Long, Prothonotary CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, P A 17013 Re: Matthews vo Matthews No. 00-6058 Civil Tenn Dear Mro Long: Enclosed for filing please find an original and one copy of Defendant's Pre-Trial Statement. Kindly time-stamp the copies and return them to our office in the enclosed self-addressed, stamped envelopeo Thank you for your attention to this mattero Sincerely, Yc---91J~ Darren J. Holst DJH/dms cc: Eo Robert Elicker, IT, Divorce Master (w/encl) Barbara Sumple-Sullivan, Esquire (w/encl) Robert Eo Matthews (w/encl) , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 HEATHER 1. MATTHEWS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vo NOo 00-6058 ROBERT Eo MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO Po.R.C.P. 1920.33 I. a. PLAINTIFF'S BACKGROUND 19 Highland Drive Camp Hill, PA 17011 DaB: 12/24/68 Occupation: Claims Adjuster - One Beacon Insurance Education: BS Degree - Human Resources Health: Good b. DEFENDANT'S BACKGROUND 19 Highland Drive Camp Hill, P A 17011 DaB: 12/4/54 Occupation: Novelty Operator - Hershey Creamery Education: High School Health: Good c. Date of marriage: June 1, 1990 Date of separation: June 26, 2000 Last marital residence: 19 Highland Drive, Camp Hill, PA 17011 d. Place of marriage: Steelton, P A 0" .~ ~~'_.~.." _~"'. " ".,_",",,,.,_,_,_ .'-"< ,_.- "" -i-" ,. "~- '--,~ -'-.. -'~ _ ~ ' '. _~'-_',~. d. Children: There are two children of this marriage: Robert S. Matthews, born December 19, 1990 and Jessica E. Matthews, born September 7, 19940 f. Grounds for divorce: Irreconcilable differenceso g. Issues for determination: Equitable Distributiono II. PERTINRNT PROCEDURAL HISTORY 9/1/00 2/13/01 6/5/01 Wife commenced divorce actiono Husband filed his Answer to Wife's Compliant in Divorceo Wife filed her Motion to Appoint the Master for the claims of divorce and equitable distributiono III. INVENTORY The summary of the marital estate is attached as Exhibit" A" 0 IV. WITNESSES ao Plaintiff bo Defendant, as on cross Wife reserves the right to identify additional witnesses, including expert witnesses, on direct and rebuttal if necessary and appropriate. V. EXHTRITS Attached as Exhibit "Boo are the following exhibits: 1. Comparative Market Analysis of the home; 20 Mortgage statement summary for 2000; 30 Settlement sheet for Steelton Property; 4. NADA value for Wife's vehicle; 50 Husband's Mechanics Savings and Loan Combined Statement dated April 14, 2000; 60 Husband's Mechanics Savings and Loan Combined Statement dated July 14, 2000; 70 Joint Members 1st Combined Statement dated June 30, 2000; 80 Joint Members 1st Statement dated December 31, 2000; 90 Statement dated 12/22/00 for Husband's 401k; 10. Statement and Pension Valuation for Husband's Retirement Plan from Hershey; 11. Prudential Statement dated 1/26/01; 120 Chase VISA statement dated June 7, 2000; 2 .'~'"' --,~~,,~., ,,.,,,,,,,", -,-, , .-' -'------~--="=-.=-"..M,.'''',-...,~.-,'.,,'-'li:lli' Additional exhibits which shall be provided prior to trial: 13. Statement regarding additional rent received for the Steelton property; and 140 Statement calculating the potential rental claimo Wife reserves the right to identify additional exhibits if necessary and appropriateo VI. INCOME ANn EXPENSE INFORMATION Neither party has raised a claim for alimonyo If necessary, testimony shall be presented regarding the parties' income and expenseso VII. PENSION V AI ,DE See attached Exhibits and information identified aboveo VIII. PERSONALTY It is believed that the personalty can be divided to the parties' mutual satisfactiono In the event that the parties are unable to do so, Wife reserves the right to have the personalty appraisedo IX. PROPOSED ECONOMIC RESOLUTION Wife proposes a 55/45 distribution of the marital estate, with Wife receiving 55% of the marital estateo This shall include Wife retaining the marital residence, her vehicle, the joint account and her IRA and Husband retaining his vehicle, his accounts and his retirement benefits with any difference to Wife to come from the Steelton proceeds and from a rollover from Husband's 401k. Dated: July 24, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Supreme Court I.Do #32317 (717) 774-1445317 Attorney for Plaintiff 3 .., ,~ ~~ , ,- - "'--" ~' , """""~-'! EX# MATTHEWS V. MATTHEWS Real Estate - Camp Hill I 1 Fair Market Value 115,933.00 per Market Analysis 2 Bal. of Mortaage (1 st Mortgage) (90,926062) bal as of 12/15/00 Bal. of Mortaage (2nd Mortgage) paid aff by Wife after separation Net EquftV 25,006038 3 Real Estate - Steelton 1145.85 Plus addl rent recvd bv Husband Vehicles I 4 1997 Nissan Altima - W drives 10,750.00 FMV Per NADA (6,100.00) less loan I 4,650.00 Net Equity I 1987 Chevy Cavalier - H drives 1,600.00 H kept oroceeds I Accounts I 5 Mechanics Savinns & Loan (H) 7,315.45 oer 4/14/00 statement Acct No. 01.30000696 6 Bal as of 6/26/00 _ 4,019.19 6 Mechanics Savinns (H) Chking 898.13 bal as of 6/26/00 # 01-0011419 7 MembersFirst (JT) Acct No 30243-00 -00 Savings 193.71 bal as of 6/24/00 -01 Checkina 1,665.23 bal as of 6125100 This account is still active and used for the payment of the household expenses. There may be a rental claim dependino on the contributions of the parties. I 8 MembersFirst Savinas (JT) Acct No. 145692 401.15 bal as of 12131/00 I Retirement I 9 Hershev 401 k (H) 17,455.61 per 12/22/00 statement I 10 Retirement Plan of Hershey CreamerY (H) 12,870.33 per Valuation I 11 Prudential IRA 01'1) No. 94605999 4,070.65 cash value as af 1/26/01 Misc. Personalty to be divided Total Marital Assets 77,272049 Liabilities 12 VISA 01'1) - bal as of 6/7/00 218.38 Wife paid Total Marital Liabilities 218.38 Net Marital Estate 77,054011 Non- Marital Assets: 1999 Buick Reaal (H) Mechanics Savinas & Loan (Children) Husband has information Acct No. 01-00007147 I I Mechanics Savinns & Loan (Children) Husband has information Acct No. 01-00007148 I MembersFirst (W) Opened 12/9/00 Acct Noo 199575 I I Prudential IRA (W) No. 94605999 Non-marital oortion to be determined I I 4- {If '~-'..q.:; . .eP I '--. Comparative Market Analysis 1 ",=",~,,.,..,.._._~""'r~ ~~~~'~_ ,,--,.~ .,~' ""~,, ~~~~ -,_"'-":',",,"J "'-,-.......... .....~-- -'-'''''''_-... ~~~ '..,""""......."'".".,,"" r " Price Recommendation The recommended list price is based on comparable properties currently listed and recently sold in your market area. Recommended List Price Range: $114,900 - $119,900 Average Sale Price: $115,933 A home priced at market value will attract more buyers than a home priced above market value. Also consider that a home priced competitively will attract a greater number of potential buyers and increase lOur chances for a quick sale. I look forward to working together with you to get your home sold as soon as possibleo , , David Buggy, Realtor@ Howard Hanna Detweiler Realty 717-761-1910 . :., <- , I " ~ ,- <, 1iFd------ - v.e......'" ~ ~~~~) '<5 ~\ ".",/~ i-VU Account NUmber: 01 - 50003302 ..., cZ Property Address: 19 HIGHLAND DR CAMP HILL PA 17011-7514 TAX ID # 23-0863650 FOR STATEMENT INQUIRIES PLEASE CALL 717-939-1966 ROBERT E MATTHEWS HEATHER L MATTHEWS 19 HIGHLAND DR CAMP HILL- PA 17011-7514 SSN M 1 : 198-44-9594 SSN #2: PRINCIPAL BALANCE ESCROW BALANCE INTEREST RATE TAXES DISBURSED YEAR TO DA~E 183-62-2807 90,926.62 ~ 1~ INTEREST PAID THIS YEAR 7,319.95 TOTAL 2000 INTEREST REPORTABLE* 7,319.95 PREPAID INTEREST LAST YEAR .00+ PREPAID INTEREST THIS YEAR .00- ;2/31/00 Transaction Principal Escrow Other Page Ba 1 ance Last principal 1 of 1 statement Escrow Date Amount Descl""'iction Amount Amount Interest Chal"aes 91.971.63 703.92 01/14 957._00 PAYMENT 83.94- 25B, B2 613.14 .00 91,887.69 963.84 02/15 858000 PAYMENT 84.50- 160.92 612.58 .00 91.803.19 1.124.76 03~15 858.00 PAYMENT 85.06- 160.92 612.02 .00 91,718.13 1.285.68 0./1. 858.00 PAYMENT 85.63- 160.92 611.45 .00 91,632.50 1,446.60 0,,~'5 858.00 PAYMENT 86.20 160.92 610.88 .00 91,546.30 1,607.52 05/15 410.52- CO / LOCAL .00 410.52- ,00 .00 91.546.30 1.197.00 0,,/,22 496.00 HOMEOWNERS .00 496,00- .00 .00 91,546.30 701.00 06/1' 858.00 PAYMENT 86.77- 160.92 610.31 ',00 91.45-9.53 861.92, 0:/0'7 858.00 PAYMENT 87.35- 160.92 609.73 ."'0 91,372.18 1,022,84 08/1' 858.00 PAYMENT 87.93- 160.92 609.15 .00 91,284.25 1,183.76 08/15 1.086.05- SCHOOL TAX .00 1,086.05- .00 .00 91.284.25 97.71 09/15 858.00 PAYMENT 88.52- 160.92 608.56 .00 91,195.73 258.63 10/16 858 .00 PAYMENT 89.11- 160.92 607.97 .00 91~106.62 419.55 11/15 858.00 PAYMENT 89.70- 160.92 607.38 .00 91,016.92 580.47 12/15 858.00 PAYMENT 90030- 160.92 606.78 .00 90,826.62 741.39 . . . . . 2000 8,402.43 <TOTALS> 1,045.01- 37.47 7,319.95 .00 90,926.62- 741.39 REPORTABLE AS USEO ABOVE ODES NOT ALWAYS IMPLY DEDUCTIBLE - CONSULT YOUR TAX ADVISOR FOR DETAILS PLEASE READ THE SACK OF THIS FORM FOR IMPORTANT TAX INFORMATION ...,',",:",,<, >~.- . ~, A - , H: ,. \oJ.S. DE.PAR1M'::NT OF HOIJSlN(; &.1JRSAN Oevz!LOPMENT 1.~FHA 2.0FmHA 3.0CONV.IJN!N:" ....[JVA O.QCONV. INS. SETTLEMENT STATEMENT "GEEGEG i"~;{;" ~~~~~~f.i...lNS C,r..5t:.NJMe=rl ~~ MQR, l.i~ IN::> CAS!:: M.J!.\!;lcR: (,;,N'.l1e. T1:,s rwm is f(lmisne.::,lO 9'"'/& ~"31~emcJj~,C)!fr<:tlJdI ~t:!!IQ!'I&rI/ CClst~ Amcllr.t6 p3iri to ;ma errflfl SOtr.'R~,'16gcm HrFt mowrt 1.lems ma,*~ (POC! wer<;;mId Ci~ (lie clC15l11\i: /hlly ~ sh:wm Mil! tor Jp(.ym:l!irJl\!1 pli~lt~ tl",O ere l;,~i itrdudcc iil rhe \l:lU!s. " ~. .G<.q,.."'flIOIIZ~W::2) '-I. I~AM~ANU ';1}URES,..,r .,1",:.."" 'WE... : 1", '>IM..E.ANu....LlUr'lt:S; _R: I' NAMe; ....,~'J ~'V'~~~~ (I Lt:Nu~: I SARAH E l.;c:EGEE j .R.06~FlTE. MAT;'HEWSO:r'ld I CAA:;J;NAL !"INANCiAl. CO. 1 "';,H~SiR:;;ET HEA1'HER L. MAfTlJ~IS I '50 EAST STROE' ROAO S~E~TON. PA 11'1~ , TREVOSo::. f'A 10053 I I .. G PROPERTY ~OCAnON' H. SETTLEMEIIIT AGENi: 23-.2114426 II. ~ElvlENT CA'TE: , N..(THSrRE.E'l' Mi~SI(lteAb~Im:#C::rnpany I STEELTON, pp. 11113 ." -.J M..,~~ 2& 2001 DAl.,PHINCounty, PlllVis.ll'r.ln;~ PLACE 0= SETTJ..EME.NT i 23:'J.1Mt\();e15lreel ! C~HI,PA 17011 .' 'e " , co , , U ~ . " <u, U CUE , rU"OI~: ." ". ~" ~ " , ... .O'llOml -cpory ",",,' ro,", . .' " .~_"'l'r, ,. " ~~, - ro . '" , , , .. '" UJSi'1l(>n ~ /Ofr,& r. ,. >M:;C~ OJ.mlme.,!s " p"" )'.{J ,naav5llct' .I~'I cwn "l1:.es .~~ ~ O~ "" . " ounJ'3te3 '. ='OY OlKQS "~' . ; ; ~ji . ~ = , , I l.elM ill:> ..:, I ' , 0, , . , " I " 12C. G.J:!OSSANO'JNT DUE FR'.JM ,mp.R(JJ.'JER 5O.37B..ta 420 GROSS MJOU-"li PUE TO SELLm i ~.S91,Sl U' . AI . I R ~t U IN " pOlorGa'f,(flll't'oO'1\jY , Cfl9It. ep~i~\ueelM'.l\J , mCIp:l1 ~, rwI..c.:m&! I 0 ~, .". ICI'-il'h!l , , "'I'" " no , !i;'.:l,.1QC.; , , . ng (r,lO~" llnsu ~" . , P. I~' .." . . ,. ,~n , , " , , -, " , " iSc. ~ " , . .oo .,. ,"'1(::" , (:U;I ,& , '" OflJnr.llll!l" QrIPlI'l$l'~'MY 0, . ."""', , ems .. , ,-, , 'l,UY>T1 ,lJ:es " , , ,- ~.. 1<> ., ~,' axes 0 i'Kluty .." ~4. ,0:>0 I.;)~es , '" , ~ ~. '" " , - I '. I " ~ - ; , . , I . I "" TOTAL, P,l,ID BY.'F('R 8()R~O~1IF.R 60,151.00 ,20. TOTAL REDUCT10N AMOUr.'T O(lE seLLER i ~745.6l! I ~. , , "I(,llll1f" ~I~~ " 'l.JiJ tQ ocr no , Otl,w. , .1')UO: " 'I' r cr.-ewer n6 l.!I1l5 oelJ~on~ lI& e tor { me '5 ,'~ . 353, ~$H"( >: FROM) ( TO} 20~ImWER 22~>40 1303. ClJ5H( X ;0)( mOM} SELlER i 1,U5.B.5 0, Apr-12-01 11:23A HQlp-U-SQ11 RQal EstatA 730 S170 P.02 (~ OMS NO 2$02.0265 ...... ,- 3 Ttl1l !lndEf~fh1l~ tlIIleb~ a~kn:;l\\'le<<le receiptDf:;l COl~d C:OP:f Ii p;ilga!> 1!o;: Ql'tlt: &btemcnl e. ~n\f ~lmenm!ln1$ mlMe:ll'O MNln, ~ . '(::2; ""',,",,< ')(),J.,(U<" (: . <7,9,9 ~E.l,Obt:\.>I:b .' :.... ~II~~~ Apr-12-0~ 1~~23A HQlp-U-sgll RQal Es~atg ."--'\ 730 5:1 70 ~ ~. L. SETTU;MENT CHAIl(lES , ~Q.TO \0 /YI am , , ' I'"l 2.,00')_~ _<1~i'~\~ .t, ~IIS ~ n-rl~bron Ci"moen ITeMS . I NN " , , d. n :Oll"'O) , ' Ill!!' ~ "n l$t:Ol.Tll ~~~~ee '~'K,~:oon,...'" ,~:-~~ffi1h!~.r;l."Vt r-~ !lj" l,..;J':~~f"1e' r;;y,C:- ."'~ il '!'t ltI' 10. '~I~~n " .. " : ~~~';:~;:'~":.~';~~.:~' ""~K,; , lO::I ,,= ltl 1,.;.;W....,N....1. r-11,;;.r~\";I,D.Ll,.."", . v. i5'''''' ',y"' ; " 04J,U1l01 C , 12.~eoooolal!ly I 4cIIYs , " , nlJumc: " .0 " "' ,1.Z IlMll'3l'.o:e llum~ " ..~ '" hl"la:t9I'tlln::l\lrMce , 9, ,,~rmon1r. ,1,/., ~rt9;!~1I nG~mnte monl~~ . ~ p!r montn , $,,:lw:l I OI~ll~ -'nann! permonl Urly aXf:S (l1onln, rrr.or: '" ,('.xl::! -". H.l.ClIll mllmns " . 40,64 per montll m",,",lII3 '" . "" moon> b'l. ~~ j:)lll'lTIor..tr. . . moo;ns po< moo %) 1100.rlT '101- Selllemenlc<C:osingFe.e ,lr.lctor I ,Tll~ E~al1W1all(ln EI~nsl.;r:lIleelllr , 00lJ1!'.6n! re'P3I'n on r~;CIil llIP.' t. vy 1"'ee3 ,m~ e:i' ...e m nr.imo01'& .... lI11nsu<..nc2 I.. ~ll '" imflll r.'Il ,~ . e cw:ra-;)II!' " " ,"W 0,. " ." , ~:m:any " , , ::1Q,l.QI,W " W l.OIll'" 'Y , q~ i " .1 C{\i,v " vl;\<Tlll;lnl:-<:lB ,y 00. MEt.! i rJ. "eortllllg Fe'~ DeOC: :s HI..5C1: Mortgagw ~ "-,,,.)' n~ ~ $ "'Jl'l;l~ ...._nlXl. &':1;1~ ~ "(/ntT:eI'1 (; rQ':lge '10 .2~::. 1300.II.ODI "'0.50; ~easesS :J,,'~" D.E~S ,S01.6uMY ~,e51tnSpec\PCIn r "let 1m er '. .. ..Oll~.:y.. or:lll 11.O>'l:!:> w, o,remlij ,.ee " m , , ,- \I) 5fal:'t = =1' Ire f11:0111' ~IOJ\ ..n edlon J ron "e. ","'11""&(1-"1(1" ..t"""__,>'1+'-kl~>.l""",'WIOM.:lIl"_' .....''I"-''''I')'~,. tn.."",fI"J""" ~rllf~ to ~ ~ trUe eop~. 1/1- I'-'" ~rmta1e ^='~ mpilw SetIIgITlOl!'llA90Al ~. =:lOrr~ 1 roo-os I,' ' SE",~,~~~1 0.1..11 , .:tII.-l:>vVI v -J , .. , t>.:,:.> . '" P.03 ...., hIJ,"..c..- ~~w:~.:. [l,J"::WAr i "~lTl.f1.C,,n " ;'01;.'. 49.16l - ", " , - " , . .. i ~:H , = }} ~\ , I ,- : 3.40 eo..{j ,,",,Ii...1iE.;\XtG::~lnl ~ ,. e 'I: I rtli". '~i j , f'l-! i -'\ \ r~l'\!! ll'l:!' II .. ", " 'i-I' I .0 ::, II X'!!I.IIl:]i Ii ~i i ::rj! j li i .0 , :.1 i -11 Ii 'l' VI I. 5,1"_...;1,1. 000 ~ii ~=i~ :.~~~ ! ~i::i:: s S56 ~ = -.. Z l:I c- tn::lc UI """ ..,"'...... "" !1;1~~ iI;l it;:i;: ............ e~~ """ i~ iii ititi Z ~.~ r i~~i ~g CII....W... ~m ! =10:1; C ~gg ~~ i!~S =ca=a -~ e~ . ::i:~ , .~ .~:~ ~i:g ! ~;i 00 ;;;!~~ 000 ..~ ~~ ~ ~~~ ~~ _~...o _1ll1l.11 ~o ~.... ...... .. It...... . 0011 r II I.... ...... Of ".un'lolGll ..:~C==~ "'0 W.'UII w..... ~ ....~ 'SCROW ;'t!"OIoC1o ..~ ::::r OO"UII 0.. ~~.. cn"'NUJ 0 OOUl lOON 'ftIN'" .... 'tI.. [= gooo SUlOOIll 00 ....0 OUlCIIO 0 000 _COCII OOCIIIII .... 0.. 00.. .j ..~ .~~ ~~ .. ....~ ~~~ ~~ [f _"WN _"',O,OlD ..~ ....~ ........ .. "Oi _NIO!O .101>>,. ~O ~~.. ......... ......cn ;:al=~ .... ...... ......Ill.. .. ~~ =ft: JII_llIl. ..~ ........ &"0 9: COlllC 0.. "0.. :......0 0 88 . rJlIINO 88 tn...UI ~.. [= gooo goooen 00 000 ....0 0 soeo ' 11011I0 0"0 .... 0' i @!t~ >: i!~ ;--' ....r ~< ",a I o9'~t:l: ICE I tl, - ; "_' .2Ilj ~f: ::1 lK~i.lll'rl ! J. ~~'I j 111"" _ , I : I 5 l: :1 i.li! 5"1. ~i'llj =-.....1' "I!! ! I :II j! ~l i I ~..]! t I ti z ~ III !I~; 'i Ii 1 i ~! i ! ii~! : : I i iii t i i ; 1 !; r i, i!l! illl Tiill!! ~ijlllil 11',1 c:' ! II I ~: ~! -&.1 I II i. I I !I ~. ~~~~ ~l~~ ~ni ~~~~~~ ~ I j ~~~ 1:-1 ut:jljtj ses Ijl:ll:l eseee ... ,j see; ~I c ..., JIll N~~ ......... ............... ~ ~s::~ I'ii 8~i5 ~~~ ~g~ ~~~e~ I i S~i i I ~ ~i!a ==5 ;~~ =",~f;llf;ll ~ ! ",== j''': ..: lil', !I~I i! lis! "CII! I i_II, ' I i III X'llil :IIJII &.I'I!I 5..11111 :i S8~5 I eees ~~...... ...&== e~~a =",== "N" ~!~ 00" ............ i~i; "'11:'11:'= .. .0 .0 0- Z :~ p;; ~ Z ....."... _N"'~'" ........w... ~~~~g-- ......'" :== 000 000 ..... ...... N...,'" ..... ~!=~~ jjf",tltliif ...""... _.(r,I~ i:=~~ .!!Jooo I I ,.-,~... .... ,oil '1' l 0 ..,..,...... ~=tJ5ii ,g!oooo ~~~ WW~ ~o~ o_enen 000 ....~ iiw ..00 li b 1; ....-== no,.. oenoen .. tI 8 tI . o o tI.... li;! 000 ..~ __..~,ww '""~. ml/lo 0 IIIOt',O .....-.. .......'" .0.. ....0 000 ~~~ ~o.. .w.. 0.... ....0 ........... t;-:sa: enoCllencn 00000 ~~~ "O:i==,t Cd'Ocno .!!looo ......... ::~ ...... 000 Illct.. _....NIllW NOoolO UlOUlO ~ ~ ROBERT E MATTHEWS 19 HIGHLAND DR CAMP HILL PA 17011 DEBITS ENCLOSED 4 CREDITS ENCLOSED o e. Statement or Acc"nnl SUMMARY OF YOUR STATEMENT DATE STATEMENT NUMBER BEGINNING BALANCE DEPOSIT AMOUNT + WITHDRAWAL AMOUNT - SERVICE CHARGE INTEREST PAID ENDING BALANCE ACTIVITY APR 14 00 100011419 .00 1000.00 225.68 .00 .00 77 4 . 32 + EFFECTIVE 12/01/99 DEPOSITED ITEMS RETURNED UNPAID WILL BE CHARGED A F EE OF $7000 PER ITEM NON INTEREST 01-00011419 REPORTING TIN 198-44-9594 BALANCE SUMMARY ~CTIVITY BEGINNING MAR 27 00 WITHDRAWALS OEPOS ITS $ .00 APR 04 CHECK NUMBER 101 64.4B MAR 27 $ 1000.00 APR 06 CHECK NUMBER 102 60,00 APR 04 $ 884032 APR 04- CHECK NUMBER 103 32.00 APR 06 $ 824032 APR 11 CHECK NUMBER 104 50.00 APR 11 $ 774.32 MAR 27 OEPOS IT MECHANICS S & L 1000.00 APR 04 MECHANICS CHECK/ACC. PPO 19.20 , CHECKS PAID ON YOUR ACCOUNT CHEiCK DATE AMOUtJT CHECK DATE AMOUNT CHECK DATE AMOUNT 101 04/04 04,48 103 04/04 32.00 102 04/06 '80,00 104 04/11 50.00 INTEREST RATE AS OF: MAR 27 00.00 {; SAVINGS ACCOUNT 01-30000696 REPORTING TIN 198-44-9594 BALANCE SUMMARY ACTI VITY BEGINNING MAR 03 00 WITHDRAWALS DEPOSITS $ 5772.84 f~AR 15 WITHDRAWAL MECHANICS S & L 100.00 $ 5672.84 MAR 20 007245-51 S FRONT ST 60.00 $ 5612.84 STEEL TON PA 000692 ATM $ 5617.84 MAR 21 WITHDRAWAL MECHANICS S & L 500.00 $ 5112.B4 MAR 23 DEPOSIT MECHANICS S & L 2000,00 $ 7112,84 MAR 25 tNTEREST PAID 03/01 THROUGH 03/31 14.11 $ 7126.95 M~,P 27 DEPOSIT MECHANICS S & L 1500.00 $ 8626,95 MAR 27 DEBIT MEMO 1000.00 $ 7626.95 APR 03 0000(;3 -H.!J.iHl.AND PARI< 61.50 $ 7565,45 LEMtJY;-.:E pt,. 000676 ArM $ 7565.45 APR 10 001245-51 S FRONT ST 150 00 $ 7415.45 STEELTGN PA 000719 ATM $ 7415.45 APR 13 007245-51 S FRONT ST 100. 00 $ 7315.45 STEELTON PA 000208 "'.TM $ 7315.45 2.78% ANNUal.. PE~CEN1 :,_GE YIELD EARNED IS BASED ON $ '~5~lr;:l:;lp~.OI C:-N~11419_. EXHIBIT ,."",",,,,: SEE liEn.!"" "",:: J.J:: 6 21.36 INTEREST EARNED FOR 43 DAYS II 5" '\ i I , " ,I I I \ I I I I I ! ., I :\ ,I i I I ! ~ i ii ': I I I I ;1 I I I I I , , : --... H"~<' ~~." . , ~ , ~~M~ ,sl Loan FSA 51 south F1 .It Street Steelton, PA 17113 I i I I I I I i (C) ,"-'~" n Statement of Account b ROBERT E MATTHEWS 19 H1GHLAND DR CAMP H1LL PA 17011 DEBITS ENCLOSEO CREOITS ENCLOSED SUMMARY OF YOUR STATEMENT DATE STATEMENT NUMBER BEGINNING BALANCE DEPOSIT AMOUNT + WITHORAWAL AMOUNT - SERVICE CHARG~ , 4 INTEREST PALO + o ENDING BALANCE = ACTIVITY .JUL 14 00 100011419 10S7013 000 340.58 .00 .00 716055 EFFECTIVE 12/01/99 DEPOSITED ITEMS RETURNED UNPAID WILL BE CHARGED A F EE OF $7.00 PER ITEM NON INTEREST 01-00011419 ACTIVITY BEGINNING .JUN 16 00 .JUN 26 CHECK NUMBER 120 .JUN 28 CHECK NUMBER 121 .JUL 06 CHECK NUMBER 122 .JUL 10 CHECK NUMBER 123 REPORTING TIN WITHDRAWALS 159000 118058 25000 38.00 198-44-9594 OEPOSITS .JUN 26 .JlJN 28 .JUL 06 .JUL 10 BALANCE SUMMARY $ 1057.13 $ 898.1'3 $ 779055 $ 754055 $ 71B055 CHECKS PAlO ON YOUR ACCOUNT , CHECK DATE 120 06/26 121 06/28 AMOUNT 159.00 118058 CHECK DATE 122 07/06 123 07/10 AMOUNT 25000 38.00 CHECK DATE AMOUNT INTEREST RATE AS OF: .JUN 16 00.00 SAVINGS ACCOUNT 01-3??oo696 REPORTING TIN 198-44-9594 BALANCE SUMMARY ACTIVITY BEGINNING .JUN lB 00 WITHDRAWALS DEPOSITS $ 4408.24 .JUN 20 007245-51 S FRONT ST 100000 $ 4308024 STEELTON PA 000278 ATM $ 4308024 .JUN 24 INTEREST PAID 06/01 THROUGH 06/30 10095 $ 4319019 .JUN 26 007245-51 S FRONT ST 200000 $ 4119.19 STEEL TON PA 000740 ATM $ 4119019 .JUN 26 007245-51 S FRONT ST 100000 $ 4019.19 STEELTON PA 000741 ATM $ 4019019 .JUN 29 WITHDRAWAL MECHANICS S & L 500.00 $ 3519019 .JUL 07 WITHDRAWAL MECHANICS S & L 1900.00 $ 1619.19 .JUL 10 007245-51 S FRONT ST 80000 $ 1539.19 STEELTDN PA 000801 ATM $ 1539.19 2.78% ANNUAL PERCENTAGE YIELD EARNED IS BASED ON $ 7046 INTEREST EARNED FOR 29 DAYS INTEREST RATE AS OF: .JUN 16 02.75 "'" ,'.Ci 'i1\.; ,;"~' i ;~~\ sa: UVIISE SIDE FOil JrWlII' IIIFOUfATIOII ." ..-'~~.. >.. -:-.... :: ....;;...--;...:,,~ *.;s:,:.' :,-::~,,,..._~......, ',' 0\ '.'_-;-~,~_:, <j '-;"-"-" .':"-'",".":;'-".l:-.-. -,F-'~.'. , - -SMa'i..90 ZDOi' i 2: S7PM;i;i'16GG Ins. St:ND C1REC1 INQUIRIES TO: .- ~~ .. ,.,~"!if>.~ ., .' ~ -~",. ~ M ;b u U .,sr 1'0 llox ~o ~ W.t.Khanl~NtI. PA 170515 FEDE~'1C~ IT ~rON - ,","""m...bora'..."'lI t.4Dll\ Swltcflbo:afd: ~"! 691.11 51 Qf iec.o~ 283.;1132$ CaU-24: ,." 691..4312 or eCOI2930<4372 . D1aJ..,J,-Lolln:: ",. 795-5053 0: aco '23.4352 Loas! Center. 7~' '19506040 or (800 2e~232e ext. 50<40 Tek&anch: ,717 795~49 0: (800 231'.1268 TOO I1lrtrol!l~~1717)697'5:3120r reOO!2aa'2325 eX1. 53.2 P.lsor'l.al Br~cl'U 717) 7M-6050 or Ieee 4SSo32E:5 Morig\lge [)(lgt:: .1\7) 795.6026 or 600 2e3.232e eX1. 60:::13 3/41!~':"~' 1 OF 2 ..:j -t'o.t:~ ~ WITH A MEMBERS 1ST STUOENT LOAN YOU CAN 6UILO A BETTER FUTURE 0 SEE THE ENCLOSED INSERT FOR MORE INFORMATION 0 HEATHER l MATTHEWS 19 HIGHLAND OR CAMP HILL FA 17011-7514 r7 ! 1..,III..,III..""II",llI..,I.I.I""II,I..I..,III.I""II,1 ;~;; ~.:~jijJ ~~~:;~~~;~f:~~~'{Hl;~~f~~i!lt/iii1l~t~l~CfiA~,~~*~:~;'t1t~f~~~";~~~~~~~ffr:~~rj~~~4 :H~~1~1,t:~r~~Mt!:~f:1, ...j.... o.~toj~~W.~f*~gR~tN"S...........................:.................:.....................-........Q"6.0'I.l1s..z0.s.....,I......0.:"'::';2~:'~OI-.......~~g:.~r~t.. .. ...1.... 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'. '187--72-4023 10-01,'~~~i2--31-llb f PAGEl OF 11 '" - ... .-. . ~Members1ST FEDERA.L CREDIT UNION www.members1st.org Main Switchboard: ff17) 697-1161 or (800) 283-2328 Cafl-24: 717) 697-4372 or (800) 283...4372 Dial..oAooloan: 17) 795-6053 or (800) 723.4352 Loan Center: 717) 795-6040 or (800) 283-2328 ext. 6040 TeleBranch: 717) 795-6049 or (800) 237-7288 IDo ror the Haarlng tmpaifed:: (717) 697-5312 or (800) 283-2328 ext. 5312 PersonaJ Branch: (717) 795-6050 or (888) 466-3265 Mortgage Dept (71 7) 795.06026 or (800) 283-2328 ext. 6026 .' PO Bex 40 Mechanlcsburg, PA 17055 IMPORTANT TAX INFORMATION 20,00 1099-INT AND/OR FAIR MARKET VALUE INFORMATION IS INCLUDED WITH THIS STATEMENT. YOUR SOCIAL SECURITY NUMBER HAS ALSO SEEN ADDED FOR TAX REPORTING REASONS 0 IRS HAS BEEN FURNISHED THIS INFORMATION 0 PLEASE RETAIN THIS STATEMENT FOR YOUR TAX RECORDS 0 ROBERT S MATTHEWS 19 HIGHLAND DRIVE CAMP HILL PA 17011-7514 ", (f , 1",111,"111"""11",111",1,1,1""11.1,,1,,,111,1,,,,11.1 ~;!i:~1:I~~~~~~filrlIT:wm\I,M~~~::[; , " . " J, '::::ff~g:!g:ogi~U~g:,:::~~~~::::~::::~:.::~::::.::~:':::':=::~:::::::::::::::::::::~~:~:~:::::::::::::::.~:'::::::::::'::::::::::::.::::.:'1: :::~::::::::::::::::~]ri:::::::j~~:::~t~: : 14310 DIVIDEND 097 401.15, ............ ...........-...., ........................................J...................................... ...................'.....0....................................'............................,.. ................................. ................,..................1 : :: JOINT OWNERS: HEATHER L MATTHEWS I , ....1-... ....1....1..... ....._._,....................................,_,..,...........0........,..._Y.:::.1,::D....UJY..IDEND.S..:...........,....,11...33......"...,. .........................,....... ...".............,...,............ , " , " . " .::.:I.::~ :::::t::I':~ ~~~~~..:~.~:~::;~:~:;;~:::~.:..~~~~:~~~~~.~:~:;~.::.::::::::::::~::~:::::.:::::::.::~::.::: ::::::::::.'.::.::::::::::::::::: :::::::::::::::::~.::::::::.:::::: ! 1 i ! ANNUAL PERCENTAGE YIELD EARNED / 2.8910 , '~I: ~t:f~ ~~~~~~:~:~~~~~~~:~:~:~~~~~~:~:~:~~:~~~..=.~~.~:~:~~~~~:~:~~~~~~~:~:~:~~~~~~~=.=.=.:~: .:=.~=.:~:~~~~~~LI:.::~~:~:~::::::::::.:::::::::. ! !! R 2000. . "'1"" .....L...r.... ..........,.....................~.....6{~tD~~gS.......~....gi~~~E~~~.......!....5%t5E.~.5~........wWA~6 ..5}~'ii...~..:~g~~hffi~ES!........ ::::]::::: ::'::[1:::: :~::::~:::::::::::::::::.::~::~:::::::.::.::::::::::::::::::::~:~::::::.:::~:.:::=::.~:~.::~~.:::::::::::~:~:~::.:::~:~:.::~~.::::::~::::~~~:~: :::.:.:::::~~:.:.:::::::::::: ~:::~:::::::::::~~:::::::::~] . " . '. ._..~_.__.....-l'.m~__...._.______.........._.............___.._......__m._.._......._..._..._._......................_...._._...__._.._______.........._......._.___...._._......_.._.._.....__.__............_.._.......___.............._....... , " , " . " . 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'.."', n'.......m..m.''''nn..........m.........m'.....,.......m...m.........'''..'''...,............m.........."'m.. ...,........ ,.....m..... m.n""..,...m'''''' , ., _.......mn ....._n..~..n.. ........n......m.........................n......................................n.............................................nn............................_.......... ..................... . -, .,...,. ..m_..... .....-....-..... ..........................................................-.............-........................................................................................-..-...... ...........-........ 1 EHH:I::::::::::::::::::::::::::::::,::J 'ri'VH',"'B"T"""""'" ;;',","" I;LL .., .-...-.., .." ...., ..... ",.". """"""....",...,."" ,,,,,,. ;;g-:L.,:;:.::;:.. """':""'/"::",::,.' ','L(,'" CI.lOCSO'L 'MM-XXX.OQC2 KEYPAGE INQ.ACCT_SUM:MARY allfiist -"@ Page 1 of2 6'\' ~ Account Summary for Plan 190026-01 Monday. December 25, 2000 at 5:07 p.ol. E.-n time q WeJ.eome Robert E M3t1news.. To V~1IV )'OUt personal infoml.;rtjon.j:Xease ~~_~. Your current account balance is: Inves'tmelit Optlon Pund Value UnitV.alue UnitslShares Balance ffh!elhe o.te OWI'eCI ARK Blue Chip Equity PortfolIo (FM-8CE) December 22, 2000 $20.57??oo 426.504250 $ 8,773.19 Aggressive Ufestyle F'ortfollo {F3-A~ December 22, 2000 $12.815405 577.499741 $ - 8.682.42. Tota! $ 11.455.61 You are 100-"; vested. , [~~:!~{;~~im~m~~R9:.~~li~'tJ Over the n;,d' month, your investments performed as follows: lnvestment Option Value On V~On Value November 240 2000 Dec.em:bec 22. :2OCO Ch31l\l6 Ag9....ive Lifestyle PortfolIO (FMLP) $13.015777 $12.815405 -0.200372 ARK Blue Chip Equity Portfolio (FM-BCE) $21.460000 $20.570000 -0.890000 NOTES: 1. tf -WA- appears for an investment option. the value is not available for the date you specified. 2. Fund Values are aff_ by Dividends, Capital Gain c;smbution, Slocl< SpIlls and Slocl< _ J>E<ft>rmanee. < <<;exi'{ii3ij' Your most recent contribution was: On Deccm~r 1'8. 2000, :~.;;-s W'3'5 dIstributed <.1S follows: Investment Option Unlt:sJ'Shar.et; Prfce Per Owned UnitlShant Amaunt 1.150215 $20.970000 $24.14 $24.12 Aggressive Lifeslyle Portfu[lO (FMLP) ARK Blue Chip Equity Portfolio (FM-BCE) 1.853<<1 $13.024424 https://www.tilscOlp.com/cgJ-bm/kp_llCcount_summary.cgJ"lreterer _ url=a1ltirst 12/25/UU ~YPAGE ~Q..AC~T_S~Y allfirst 0, \2~ Page 2 of2 Future contributions will be allocated as follows: Investment Options Percent Aggressivo Ufostylo Portfolio (F3-ALP) 50% ARK Sf"" Chip Equity Portfolio (FM-SCE) 50% ~~~it~~~1:~~~~I~;f?r' y, . CJ" ti fI ti R t t t our 10 lea ve In orma on IS: :~ eurn 0 Op Name': Robert E Matthews. Pnczb( Address: HIre Date: April 17, 1989 Robert E Matthews Home Phone; none 19 Highland Drive Work Phone: none Camp Hill. PA 17011 E-maiL Address: none US .Correctio~~ to ~e ~~ ~forn'lat!?" ~y. be ~e 1fll?~h ~r_ em~~. ~l~a;~~ri,o/'(~}:l ,:..'.JA~HO~(~ ..f.. :lJl(;j" ..' .. '.' ...... .... '.' .. .... PA.... ." ..""...... ,~...,.........., .......i2........~....... .'. <co.. .... .. .... .. .... .," ..,,,,,,,, ...... .. "..... ...." .... .. . ",., . . , .. ,. ....... ...... ........... ..'....,...... .. ,',',",,",.'. ... .....",." ". .. ... .., .."... ... .. ...... :;;",..:;..:;.,,,.:;..,,,,,..,,~..,..............,.,,,,...... htips://WWWotascOrpocom/Cgl-bln/kp _account_ summary.Cgl"!reterer _ url=alltirst 12f25/00 JUN-22-2001 15:38 HOWETT KISSINGER & CONLEY I@'iJ:> \0$1 717234540? P.06/08 @Y"'" . ~, ' . . -'''~' . 10 The Retirement Plan of the Hershey Creamery Company and Its Subsidiaries & Affiliates Name: Social Security Number: Date of Birth: Date of Hire: Date of Entry. Normal Retirement Date: 2000 Earnings: MA TTHEWS, ROBERT E 198-44.9594 December4,1954 April 17, 1989 May 1, 1990 January 10 2020 $30,1121 , , This statement shews what your personal Retirement Plan and Social SeCtJrity benefits will be when you retire from Hershey Creamery Company. It is based on your estimated benefit as at December 31, 2000 under the terms of the Retiremeni Plan as of ihat data. The follOWing assumptions VJere used to project your benefits: . Your current earnings will remain lI1e same throughout your career. . You will work unW your normal retirement dale (age 66). . Benefits wlfl be paid month,y for your lifetime, Your saiary may increase over time; if it does, your benefits will be greater. if you choose to have your benefits paid under one of the Plan's optional payment methods, the amount you receive wili be different frem what is shown on this statement. Social Security benefits were estimated based , on the law effective January 1, 20010 If you have any questions, please contact Walter Holder at (717) 238-8134. Current Status: Your estimated acc-ued benefit through December 31,2000, payable at age 55, is: A=ued Benefit: You are c:.JrrenUy 100% vested, Future Benefits: $432082 per month Your estimated benefit under the Retirement Plan, if you continue your employment with Hershey Creamery Company until yoUr Normal Retirement Date, is shown below: From the Retirement !>lan: F rom Social Security: Tolal: Proiected Benefit $1,289.69 permonth $1 110,00 perrnonth $2.,399..59 p~ month , The Information in this statement is based upon 1he provisions of the Retirement Pla~ and Social SecUrity Law currently in effect. The estimates are subject to change if errors have occurred. . "............................"........ "i".....,.EXHlalt. ..........."...... ., ." "". ..,.,.""...." ". ...... ......... """.".. ."........ ..,..., .".. .., ".,.... ..",..... '1 . ...... ..... ..... .... ....... . ... '''' ...".". .". ..,,, ., ., ... '" . ...... . .".. .. ,........ ."". . . , . ... . .""..., ". . . ".. ..,.", . . " ............. ,,,. ..... .~..f).'...............,....~.......,.............,. if ,........ . "... ".... . . ...,...,...fl,.......'. .. .. :~?':?I!~.?~~~~~~~:~";~~ .. . . r' .. A~'. . l\ . @ PENSION APPRAISERS INC. P.O. Box 4396 · Allentown, PA 18105-4396 1-800-447-0084. Fax 610-770-9342 July 9, 2001 Barbara Sumple-Sullivan. Esqo 549 Bridge Street New Cumberland, Pennsylvania 17070-1931 RE: Present Value of Robert E. Matthews's Defined Pension Senefit File No. 07-QS!61'045-2076S E-MAIL: penapp@pensionappraisers.com WWW: hlip:!/www.pensionappraisers.com , , . Dear Attorney Sump Ie-Sullivan: We have determined the present value of Robert Eo Matthews's defined pension benefit by the PBGC Actuarial and Mortality Table Method as of July 3,2001 to be $12,870033. This valuation was developed and prepared in conformity with the requirements of the Actuarial Standard$ of Practice Noo 34. These Standards were developed by the Pension Committee of the Actuarial Standards Board of the American Academy of Actuaries. The 'Purpose is to set standards for Members and Other Persons Interested in Actuarial Practice Conceming Retirement Plan Benefits in Domestic Relations Actionso Pension Appraisers, inco relies on the requestor to provide the information necessary to value pensionso In some ceses, information not provided by the requestor may be obtained from plan summaries on file in Pension Appraisers, Inc.'s officeso AU information received from the reques10r is reviewed for practicability and reasonableness. Any information in question is verified with the requestor. when possible. Any deficiencies in data may materially affect the results of the appraisal. Pension Appraisers, lnco utilizes the fractional ruie aliocation method in valuing all pensions for equitable distribution purposes unless otherwise statedo . '. BIRTH DATE: December 4, 1954 SEX: Male MARRIAGE DATE: June 1, 1990 VALUATiON DATE: July 3, 2001 PENSION PLAN: Retirement Plan of Hershey Creamery Company DATE EMPLOYMENT STARTED: May 1,1990 (Assumed date pension holder began participation in the plan) DATE BENEFITS STOPPED ACCRUING: December 31, 2000 (Assumed date pension holder ended participation in the pian) ASSUMED DATE MARRIAGE ENDED: June 26, 2000 AGE WHEN BENEFITS COMMENCE: 65 Years l;:i~!r~;.;. ...............~........ "', , ":.,", .::..,:..:....:...'...:'..'. 'C',":'::',:.:::.::.' "Valuators of Defined Pension Benefits for Equitable Distribution" __ _'::>~-.!_..L____ _-----7....-.::. '" J J r::; ):,.., 3=:17.0" ...,...,"'.". ""'... ............ -',.,"'.- .' " ~' m'd /d10l ~-~<-,; '.:.~. ." . ~ ' PBGC Actuarial and Mortality Tables Method July 9,2001 Robert E. Matthews . # 07-05-01-045-20768 Page 2 ~'I MORTALITY TABLES AND INTEREST RATES: . Mortality Tables (1983 Group Annuity Mortality Tables), Interest Rates and Factors used by the Pension Beneht Guaranty Corporation to determine the present value of annuities for single-employer planso INTEREST RATE ASSUMPTIONS: Annuity Rates ~ Rates: ~ =6.60 'Yo, i2 = 6025 % and i3 = 6025 % ASSUMED MONTHLY BENEFIT: $432.82 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon . compensation and plan provisions as of December 31 , 200Q REDUCTION FOR NON.VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completedo REDUCTION FOR MARITAL COVERTURE FRACTION: 009438 Represents that portion of the value of the benefits attributable to the marriageo The numerator of the fraction represents the total period of time the pension holder participated in the plan during the marriage and the denominator is the ta'.al period the pension holder participated in the benefrts programo PRESENT VALUE BEFORE REDUCTIONS: $ 13,636071 Reduction for Non-vesting: Reduction for Marital Coverture: 1.0000 x x 0.9438 VALUATION FOR EQUITABLE DISTRIBUTION: $ 12,870033 -----=7_~....~ !"':'.I I n_"r.o , ' il*-~H'a'r::ll: ............... HfPJ~....... ........... ... ...... .. . ,.., .... .. ..,., ... .., ......".... ."................", .. ,. .....,..-,- ......--.-----'""'"'" -......... ....'.;..;'..,'..., " ..... . :Jf . ,C:.i\1 ....-,..+~;. I .","1_. . ~'t<'; OVERVIEW OF YOUR PRUDENTIAL PRODUCTS AND SERVICES Assets Variable Contract Owner.............o.......o............o............. HEATHER L M,A.TTHEWS Annuity Annuitant.......... ..... ..0...... ..0.... ............0. ........c... HEATHER L ]I,oIA.TTHEWS C{)ntract Number .. ..0........... .................. ...... ......0. ...... .................. .,0.9460599,9, Contract Fund Value as of 01/26/01.."""""""""''''0''''''''0''0.........$4.200.38+ Net Death Benefit as of 01/26/01.................00.............0.................$4,200.38 Net Cash Value as of 01126/01 0...........................0.........................$4.070.65 Primary Beneficiary........o............o...............o..oooooROBERT E ]I,oL\TTHEWS Issued by ..0...................... The Pl"Udential Insurance Company of Americai'>- Additional Information , THIS SUMMARY IS NOT A SUBSTITUTE FOR REQUIRED PERIODIC ACCOUNT STATEMENTS. SEE YOUR CLIENT STATEMENT FOR DETAILED INFO&,l'\.TION ON ACCOUNT BALfu'iCES fu'iD ACCOUNT ACTIVITY. This summary does not replace any information in nor modify any pro..ision in any insurance con'ttact or investment contract issued to you by Prudential. The terms Qfyour insurance contract or investment contract shall supersede any information provided in the sununaxy. The terms used in the life insurance and annuity sections of the Assets & Benefits sections are defined in your contract, prospectus, Annual Statement, or Prudential On.Line. If any life insurance policy or annuity contract is the subject of a coUaeeral assignment, this statement does not reflect such collateral assignment. 'to-- End Note The Prudential Insuxa1lce_Company of _werica and its subsidiaxies serves more than 30 million customers worldwide. offering a variety of prodncts and services, including: insurance. investment management, anm.rities, $ecurities. mutual funds, emploYl:!e benefits and administration. real estate brokera~e and consumer banking. All benefits and coverages offered are not available in every- state. ?ruco Securities Corporation is a registered broker-dealer and indirect wholly.owned subsidiary of the Prudentiallnsurance Company of R1.lnerica. Pruco Securities Corporation offers variable life insurance policies. v.aJ.'iable annuities and mutual funds. With respect to variable life insurance policies and variable ann1.1ities. each Prudential representative identified in the sections of this statement concerning those products is a registered. representative of either Pruco Securities Corporation.or another BrokertDealer with a Selling Agreement with Pruco Securities. nuco Securities Corporation is a member of N~~D and a member of the Sec1.1l'ities In....estors Protection Corporation ("SIPC"). Variable life insurance policies and variable annuities are issued by either The Prudential InsUl'ance Company of America, Pruco Life Insurance Company of New Jersey, or Pruco Life Insurance Compan~;, Shares of the Prudential mutual funds are distributed by Prudential Investment Management Services, LLC and are offered by Prudential Securities and PrucoBecurities Corporation and other broker dealers. Prudential yariable annuities aJ;'e distributed by either Prudential Investment 7\{anagement Services, LLC or :?rueo Securities Corporation and offered by Prudential Securities Inco't'porated. Pr'l1CO Securities Corporation and other broker dealers. Prudential Securities Incorporated, Pruco Securities Corporation and Prudential Investment )"Ianagement Services. LLC are all subsidiaries of PrudentiaL ... .. End Note This value excludes any relevant withdrawal charge and/or market value adjustment. 023.1079-01 Printed on 1000/" rel:Vded. caoef. ~') Page 20f2 Account Summary # 019606899-01 " i) Your Prudential representative Patrick Rosenella :Main: 717-975-8150 Today, more than ever, we need to rely on our personal investment6 to achieve a secure retirement. Are you. investing enough in your annuitJ' to be ready {or your retirement tomon-ow? Call your BepresentatilJe or Fim:~ncial Advisor today. ..........j::)<:~'~lt..... ;..'.'. .' .....'......... .'. .. ..... .'.....d}:J.} 'Pi.. .........J.1.<.~.. ., ". '" . ".,.,. , , ,.. .. '" . .... . .".,,,,,.,,., . "PRUPA( Your Prudential Financial Picture , HEATHER L MATTHEWS 19 HIGHLAND DR CAMP HIL~ PA 17011-7514 Enclosed please fmd your current Asset & Benefit Account. Summary which is sent to you annually. , This Summary provides key information on all the investments, accounts, and insurance policies you own within the Prudential family of companies as of January 31. 2001. It doesn't replace the regular statements, communications and other information you normally receive from us. If you have a Prudential product or account at another address, you will receive a separate Summary at that location. Please take a few minutes to review your Asset & Benefit Account Summary. If you have any questions, need assistance or want more information about our wide range of services, please call us Toll Free at 1-800-381-4707. Thank you for choosing Prudential for your investment and insurance needs. \Y e look forward to another year together. , Prlnted en 100% racvcled eaoer. ~.., Page 1 of 2 Account Summary # 019606899-01 Summary Date January 31.. 2001 Questions? Call 1-800.381.4707 Are you connected? Go to prudential.com and click on Account Access & Service '.EXHISif' 1.'3fl) ... ......, ".. ,. . "..... ..... .. ., "." "" ... .. , ...,.,.. ..... .. .. ,.. ......,. .. .. . ,. ,. , .. ...... . .. . .. . ...............................~........................ ffl . ., ".". . ., ,. ..:.," ....'...., '.. .., " . .,. .... .. .. .... . ... . . ,. . . .. TURN OVER PAGE "t'RUPA,c. Q.c::I-1!at..9.200\ 12:5m! , PA'lMelT DUe DATE It.lEW BALANCE _00, . '0710000 . I $218.38 v'" " "'" ~New Addl'Gll..: ~r.:: ... lolGphcna mlrnQw: r..ltpn'Jne: ( fG" 1 u, "p [7011 I,' '?' 1 P 2/4 :~,'nso ",g, a...~~~UNTNUMiilER:,4~61COt:?;..;-.i':J3 . m~uu DUE Enter Amount EndQsGd I", 1i:~~'aaIQW ~ $20,00 $DDDDDDD fkteGao rna/(", dtcc:k or money Older ~ to: CHJoSE VISA. &lroImtill~Iur.P'IolS~d.lmr.ranco.I~~f1Wfitts""..tl:lJ.'s =':r':::=,;~~~t't=~~~~u~~:. ~"'r~,~etC~~'=i'=~,:~~~~)'tIl~~~~rJr~~lle~) 03$$1: 1NlTLA.\,i'ORCPJlONA,I. Llml.US _ IItlM;w HfAT~ER L MATT~EWS 19 HIGHLAND DR CAMP KILL PA 17011-151~ 1...11I",111"""11...111..,1.1.1,,,,11,1,,1,,,11I,10,,,11,1 P.O. BOX 1558. WILMINGTON DE 19885-1194 1,,,III.1,,J,,I,I,,lull,,,,,II,,,III,I,ul..1I..1..,U,,,J.lI I' =, 422bb100013!?2530002183!00002D009100307 Pleaso ~ al pOfr?r~.~r: i'f!d re":lrn ~lh your paVI'!*'I.-..::; o CHASE Chase Visa@ Account ACCOUNT NUMBER: 4226 6100 0138 7253 NEW8~ $218.38 ?I.VllENT DUE OATE ..G71ll2100 jSTATEIlENTClOSUlGDATE I 06107/00 DAVSIN Blll.JlG CYCLE 30 TarALCREDIT LINE TOTAL..AV.AlLABl.E C~ECIT $4.500 $4,281 lere is your Account Summary: CASH A~ UNE $3.000 .lVAIl.AEltE C,A,SM $3,000 TOTAl. Previous 8aIanea $165.51 0) P.ytMnlOo CM.. 0,00 Jo) Purdlss"s, Cash, OQbits 29,00 ,) FINAt.lce CHARGES :.87 .) Now Bolon"" 218036 Minimum DuG 10000 Past Due. Pav 'mmed~ta.lv 10.00 M1nirr:lXl1 PaymQnt Due $2<l.OO ;;;.};~~~~~~ij~~i~i::i. . ,. 00 'iliOR YiQURCHASE'CREDITXWW'" .".' : i.:, r::. .~::: :':, ',' ,.:~:. :::.J (,: it; '.i.':~d::;::i::}:t~r;~i:{:r! 'our charges and credits at a glance; lWo om ",,'0 OESCRlPTlON OF TR.A,t.lSA,OnONS =rrs CHARGIiS NO. - l,ATE CHARGE.. M1N P'fM"l' NeT RECO 5VDATS,OVE , 20,00 Tot81 of)"Our~c::iz;and~h.o.rges 0.00 20.00 FRlENDtY REMINDER: 'YOUR AC""...o1.JN.1 i!S PAST DUE. pLE.A.SE SENe PAYMENT "1'0 PROTECt' YoUR CREDIT '~Nll.E'GeS:.IF 'YOU'VE -, ..REAQV PAto.lHANKYOU, ~ROi.L.IN 1.IFEP\.U$TOo-.y. iHE PAYMENT PROTEC1ION PlAN THAT ~ YOOR MINIMUM WONTHLY PAYMENT'A.'HEN YO'JCAN'T, 000 NEWS~ p.S A VALUED CAROMe;JBeR YOU WlU NOT BE W.Sl.E FOR ~ PVRCt-lASES IF YOUR CftEOIT CARD IS USED Wl1'HOuT 'UR AUTHORIZATION. TO REPOR'r ~ ~AAUOUlENT .A.CTIVlTY ON YOUR ACCOUNT OR LOST QR srot.EN CAJt.D$, Pl..EASE CALL Tl-lE USTOUErt'SERVICE NUUBeR ON YOURSTATeMEN1IMMEDfATEL. Y. WE YOU VISITED OUR 'weaSlTe? IF NOT YOU'RE UISSIl\'G SPECrAl,. OFFERS JUS'f FOR CHASE CARCWeMSERS. VISIT OrTEN. NEW 'FERS ~RE FfATU~EO !\'ERV MONTH. so CHecK OUT IWMI,CHAoSE.COWCREOITCAROSIOFFFJlS. ~ ~ PfRIOClC '"" : HOM_ .- ToT... ANNUAL ANNUAL ~ CAllY tlA1LY FINANCE I FiNANCE PEllCENTAGE PERCENTAGE . PEFUOOle AATE "'lANCE CHARGE ' CHARGE RATE RATE Jrchasgs \I 0.06710% $192.16 $3.S~ I $3,87 24.4$% 24.~/., ..h V 0,06710% $0.00 $0000 $0.00 24.4$% 0.00% F'IMae 8M nwsrSQ side rOT tlnlMe4 COotT4'utalJon method and Cllhor imporrar.t information. ~ QuestIons about your aocourt.? Credit Cald 1051 01 Stoler,? Call Cha.. Customer Service 24 hours a day, 7 day' a week, toll.f,eao at 1-60o-441.7S81 01 write PO Sox 15919, Wilmington, DE 19650.59190 P8(a S.",;eio .1 CIi.",. en Espanol: '.lJOO.545.04640 .-"'.......-....- ~~ u :g ; iiiiiOii u ...... " """'" . ~ ........i -~ ~=== ! -1 """"" ~ ==' ~ ;; iiiiiOii 1 -~ n ~~ - = - ;;;;;;;;; [ere's haw we determined your Finance Charge": ...'Biilel't... nd P.......n" to: C~ue Vita, P.Oo Box 15583, Wilmington DE 19886-1194. 'IMPORTANT: Don't Iorg.t to wrilg yor.:..T ;.cc;ount n~mber on YQur chQck or morl4~' ordgr - never sond cashl Page 1 of2 :1 .......... . .. ... ..~..:....J..;l.. .. v. ~. ." ,--~ ~~'Illi. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HEATHER 1. MATTHEWS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Vo NOo 00-6058 ROBERT E. MATTHEWS, Defendant CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, hereby certify that on this date, I served a true and correct copy of Plaintiff's Pre-Trial Statement, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Darren Jo Holst, Esquire Howett, Kissinger & Conley, P.Co 130 Walnut Street PoO. Box 810 Harrisburg, PA 1710 a Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LDo No. 32317 DATED: July 24, 2001 ,-, ,,-- c.,,", "'< '--",~--., -, "~.-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER 1. MATTHEWS, Plaintiff v. ) ) ) ) ) ) ) NO. 00 - 6058 CIVIL TERM ROBERT E. MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT PURSUANT TO Pa.R.Civ.P.1920.33 AND NOW, comes Defendant, Robert E. Matthews, by and through his counsel, Howett, Kissinger & Conley, P.C., who files his Pre-Trial Statement pursuant to Pennsylvania Rules of Civil Procedure 1920.33: I. FACTUAL/PROCEDURAL BACKGROUND Plaintiff Heather 1. Matthews ("Wife"), social security number 183-62-2807, age thirty- one (31), born December 24, 1968, and Defendant Robert E. Matthews ("Husband"), social security number 198-44-9594, age forty-six (46), born December 4,1954, married on June 1, 1990 in Steelton, Pennsylvania; it was the first marriage for both parties, producing two minor children, Robert S. Matthews, born December 18, 1990, and Jessica E. Matthews, born September 7, 1994. Husband is employed as a production worker at Hershey Creamery Company, where he has been employed in such capacity since 1989, making roughly $30,000 per year. Wife is a salaried employee at CGU Insurance Company in its workman's compensation department. She has been employed by CGU Insurance Company for the last five years, and her currently salary is roughly $39,000 per year. '_e_ " ._,~. - ,'" - ~. ."J,'- ,-,-"'=. During marriage, Husband did most, ifnot all, of the cooking and outside maintenance on the residence. The two shared the child rearing responsibilities, with Wife being the primary care giver of the minor children. While, occasionally, the parties assisted each other with the duties and endeavors attendant to marriage, for the most part the parties acted independently of each other during marriage and remained self-sufficient. Their ten-year marriage ended in separation on June 26, 2000 when Wife left Husband a letter expressing her desire to separate. Though the two separated on June 26, 2000, they both continue to reside in the marital residence, 19 Highland Drive, Camp Hill, Pennsylvania. Wife initiated the divorce action on September 1, 2000 raising claims for no-fault divorce under the Divorce Code and equitable distribution ofthe marital property. On June 5, 2001, Wife filed her motion to appoint a divorce master to address the divorce and equitable distribution issues, and an order was entered by the Court appointing the Honorable E. Robert Elicker, II as Divorce Master. II. ASSETS A. Marital Assets 1 19 HigWand Drive Joint! Joint $115,933 2/19/01 No Yes Camp Hill, P A (mortgage balance (Marital Residence) of $90,926.62) 2 1 North 4th Street Joint $615.18 3/26/01 (date No None Steelton, P A residence sold (Steelton Property) and proceeds escrowed) 3 1997 Nissan Ultima Wife / Wife $12,200 Current No Yes antomobile (car loan of $7,000) 4 Mechanics Savings Husband / $898.13 6/26/00 Yes None and Loan Checking Husband Acct #01-00011419 -J: ;~' - -......" "" ,~ .~ '. 5 Mechanics Savings Husband / $4,019.19 6/26/00 Yes None and Loan Savings Husband Acct #01-30000696 6 Members First Joint / Wife $287.05 6/30/00 No None Savings Acct #30243 7 Members First Joint / Wife $2,898.28 6/30/00 No None Checking Acct #30243 8 Hershey Creamery Husband / $17,140.18 5/9/01 Yes None Company 401(k) Husband Savings Plan 9 Hershey Creamery Husband / To be Current Yes None Company Defmed Husband provided Benefit Retirement Plan 10 Prudential Variable Wife / Wife $4,070.65 1/26/01 No None AnnnityIRA 11 Household Personalty Joint / Joint $10,000 Current Yes None and Fmnitrne B. Non-Marital Assets Husband's 1999 Buick Regal $10,000 Current None Automobile 2 Proceeds from sale of 1987 $1,600 Date of Sale None Chevrolet Cavalier Automobile 3 Non-marital portion of Husband' s $1,646.84 Current None 401 (K) plan 4 Non-marital portion of Husband' s To be provided Current None Defmed Benefit Pension 5 Non-marital portion of Husband's 61.36 4/13/01 None Mechanics Savings & Loan Checking Account # 01-00011419 6 Non-marital portion of Husband's 52.96 4/13/01 None Mechanics Savings & Loan Savings Account # 01-300000696 7 1966 Ford Mustang $15,000 Current None "''n."' ,'"" '"'-C,' --, "'_C'", - III. EXPERT WITNESSES At this time, Defendant does not intend to call an expert on his behalf, but he reserves the right to call an expert witness either on direct or rebuttal if necessary and appropriate. IV. OTHER WITNESSES OTHER THAN PARTIES None. V. LIST OF EXHIBITS Defendant plans on submitting the following exhibits at hearing: 1. Parties joint 2000 tax return. 2. Current pay stubs from Husband's employment. 3. Statements from Husband's Mechanis Savings & Loan accounts. 4. Statements from parties' joint Member's First accounts. 5. Statements from Husband's Retirement and 401(K) plan. 6. Mortgage statements on marital residence. 7. Credit Card Statements Defendant reserve the right to identify and introduce additional exhibits prior to trial upon proper notice to Plaintiff. In addition, Defendant reserves the right to introduce rebuttal exhibits as necessary and appropriate. VI. DEFENDANT'S INCOME. Defendant's sole source of income is from his employment with Hershey Creamery Company, where he makes roughly $30,000 per year. A copy of the parties' 2000 joint tax return will be introduced '" -'", 'J~ - ,"- - c, ,. ~~'"" -:__"~ ,= _;.,,-;;' as an exhibit at the hearing. Husband's income for 2001 will be considerably less given a work injury that occurred late in 2000 and given the fact that he has been working less hours. VII. PENSION OR RETIREMENT BENEFITS. See Marital Assets Chart above. VIII. COUNSEL FEES. Defendant has not raised a claim for counsel fees, costs and expenses. IX. PERSONAL PROPERTY. See Marital Assets Chart above. X. MARITAL DEBT Wife's Chase $218.38 $218.38 $218.38 Personal Visa Credit property Card Account 2 Mortgage on $90,926.63 $92,000 $10,000 Purchase marital marital residence residence 3 1997 Nissan $7,000.00 $7,000 $7,000 Purchase Car Altima Car Loan o Statements $871 month Mortgage Statements Monthly (paid by Wife) Loan Documents Most marital debts were paid by Husband at or around separation. Husband reserves the right to seek appropriate credits. XI. PROPOSED RESOLUTION. Defendant proposes the following resolution: - . . . >-"1ri A. Elluitable Distribution: Husband offers a 50/50 distribution of the marital estate with an in-kind distribution of the household personalty and furniture. B. Alimonv: Wife has not raised a claim for alimony. C. Counsel Fees. Costs and Expenses: Neither party has raised a claim for counsel fees, costs and expenses. Accordingly, the parties should be responsible for their own counsel fees, costs and expenses incurred as a result of this action. Date: 7hu/oI Respectfully submitted, ~c-~~ arren J. Hols sqmre HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Defendant Robert E. Matthews -- '-f".'", '-'-;'_,-,,,1 -'0---- 'l,' ." --=, . --- ,- " u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA HEATHER 1. MATTHEWS, Plaintiff v. ) ) ) ) ) ) ) NO. 00 - 6058 CIVIL TERM ROBERT E. MATTHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Robert E. Matthews, Defendant in the above-captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Pre-Trial Statement Pursuant To PA.R.Civ.P. 1920.33 was served upon Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff Heather 1. Matthews, by depositing same in the United States mail, first class, on July 20,2001, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 Date: 7ho!ol , J2~Hi~ HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Defendant Robert E. Matthews - ")( //VI t{ ~ '1 /1.f1 (~ I · .J I ".' .... }~(/~~ ~ -~'^"tVLl~ ,'f1 (-$./ ." + {J { --r-' I "c (~ ~ !tA-v..yc !, . I - u '1 Ie. t.J.. . 'u_ .. . . . I...JI ,10 - - ~ '-~ VV'~..u{ _ Co (I /j D_.. ~~L~~ ~ .G I ~,(~ ~r~-Y~ ~. , , '- ~. '~"--~- , c_,__'~_:-=-_ ___.. "~.'_' ~Wv.t~~-_:_____.. ... 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""""'" .~-. - ~/~ . d_" _ !~;-~) ~~ ~~ --"'-'T .--~ , . .- - ~ . "-'~~~~-"-"'- . ~ _=J:, -'''- ~---"",-:;.;,j.,..-,. ---;;...,~,;,;",-'","q, -'--~ '--"--' ."'~ -Y".:C-~_'-~__' ~+.>~\ ,,~<~ -......., "~~-~. -;;:..;~.:""" .' ~~ .;::;. . ..- -~-, -- ----< -,~~>~~~,'~ - e;..... L-!t-~:X,i .J,iU.__ II'(\~ c..... ~ ("' -J 1...4" ,4.. ~'_?_~-~- .~ ~ ;;.--'.-- . .,-. --~ '.~~;:"..~ .".- ------.-.....-" - ~- ----, ,,, " -----"" .....-----~' ' - -'---":-~' -~- .._---~ --- :-.--:;..:....-~ .--'=-~- ---------.-.-. --.-=---_. ~ . -- - . - - ..'"",-- ~_._-- "'--',--" --~~-------- .. - . --,,,,.,..;;;. ,.,,,,,. ~ '" ~ " <. LI:J'~' HEATHER L. MATTHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6058 CIVIL ROBERT E. MATTHEWS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 7 d \.. A.. day of &ltJ~ 2001, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 28, 2001, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Geo cc: Barbara Sumple-Sullivan Attorney for plaintiff Darren J. Holst Attorney for Defendant ~ ~ JO-'I.D1 C)..... T ,', ~~'" -,-. , , ,~-"' ^ <.,-= '" 0-- . " ". ,-, l: i _ L l -'-~, ..., .("!Cr'i\RY Pi':; 3' n I ',', , ~.I "", . ,',', I'ITV V0f/HJL!"1U,:\j~j !).....i'vl\ l I PEN!'~SYLVi\NIA ':' ' __~",__,. . - lIP!!! ' '< "".",,,JI . ~f"~' ~ , am': 7to. &o1.OS~ CWJ. T.v-- MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ROBERT E. MATTHEWS AND HEATHERL.MATTHEWS Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 Telephone: (717) 774-1445 Counsel for Heather 1. Matthews Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.c. 130 Walnut Street P.O. Box 810 Harrisburg,PA 17108 Telephone: (717) 234-2616 Counsel for Robert E. Matthews ,~~ ""-"<-'" - ,~-, > " "'. , ' . ", -, ~ >:. MARITAL SETTLEMENT AGREEMENT TillS AGREEMENT is made thisrf!:;ay of5~~~ ,2001, by and between ROBERT E. MATTHEWS, Cumberland County, Pennsylvania, and HEATHER 1. MATTHEWS, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Robert E. Matthews (hereinafter referred to as "Husband"), social security number 196-52-7631, was born on December 1,1954, and currently resides at 19 Highland Drive, Camp Hill, Cumberland County, Pennsylvania, 17011; WHEREAS, Heather 1. Matthews (hereinafter referred to as "Wife"), social security number 183-62-2807, was born on December 24, 1968, and currently resides at 19 Highland Drive, Camp Hill, Cumberland County, Pennsylvania WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 1, 1990 in Steelton, Pennsylvania; WHEREAS, the parties separated for purposes of divorce on June 26, 2000; WHEREAS, two children were born of the marriage between the parties, namely Robert S. Matthews, born December 19, 1990 and Jessica E. Matthews born September 7, 1994; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 . ~ " _,"~ci--, ~ ,_, --,..,' ' . ~.. '''Mk''l_, NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Husband and Barbara Sumple-Sullivan, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights ofthe parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written 2 "'~ - 'I, , w- ",'_, '^, "c-.L \~ ",,-~ '~. -, '_; ,,,-", '......:j' interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts ofthis commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties .do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counseL 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. 3 ~ ."; '~, ~ "' <'" ','. ~~' -,~ ~, , '. 0 I, ~, li:~1i~ Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties acknowledge that on September 1, 2000, Wife initiated a divorce action under the no-fault provisions of the Divorce Code by filing a complaint docketed at number 00-6058 Civil in the Court of Common Pleas of Cumberland County. The parties acknowledge that the ninety (90) day waiting period provided for under g3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution of this Agreement, each party will sign an Affidavit of Consent of Divorce and a Waiver and Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the Court, along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a Divorce Decree. 5. EOUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they are the titled owners, as tenants by the entireties of that certain house and lot and all improvements thereupon situated at 19 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 4 - , ';", (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall, at Wife's request, execute a deed transferring all of his right, title and interest in the Marital Residence to Wife. Husband agrees to execute said deed at the time of execution of the Agreement. Said deed shall then be delivered to counsel for Husband who shall hold the deed in escrow until such time as Wife refinances the mortgage on the Marital Residence and Husband is released from all liability thereon. At that point, Husband's counsel shall release said deed to Wife for recording, and, thereafter, Wife may take any action with respect to the Marital Residence that she deems appropriate. (2) Husband agrees that as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and 5 ,~ ~~ ,:",;.' , ~<' It;; administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. Moreover, Wife shall, within thirty (30) days of the date ofthe execution of this agreement, take all steps necessary to apply with the current mortgage holder of the mortgage associated with the Marital Residence to have Husband's name released from any liability thereto. Should the mortgage holder deny said application, Wife shall reapply to remove Husband from liability associated with the mortgage every six months thereafter until such time as the mortgage holder approves said application. Wife shall have a duty to provide Husband with copies of all documentation evidencing that she is in compliance with this subparagraph within forty-eight (48) hours of submitting said documentation to the mortgage holder or, upon receipt of said documentation from the mortgage holder. (4) Notwithstanding the above, the parties agree that Husband may continue to reside in the Marital Residence until he secures a new residence, but in no event shall Husband be permitted to reside in the Marital Residence any later than October 31, 2001. If Husband is still residing in the Marital Residence subsequent to October 8, 2001, he agrees to pay one half of the monthly mortgage, including taxes and insurance premiums, and one half of all monthly household expenses for the month of October. If Husband vacates the Marital Residence after October 1, 2001 but before October 8, 2001, he agrees to pay a pro rated share of the monthly mortgage and household expenses for the month of October. (b) Steelton Propertv. The parties acknowledge that during marriage they owned, a tenants by the entireties, real property located at 1 North Front Street, Steelton, Dauphin County, Pennsylvania, 17113 (hereinafter referred to as the "Steelton property"). The 6 '" < l' ,'" ~ ~, - ~ " " "";,-,,",,,,', ,,-- "',";''';,,~,~ .. ,", '~ --.: parties further acknowledge that the Steelton property was recently sold and the net proceeds thereof, which is in the amount of Six Hundred and Fifteen Dollars and Eighteen Cents ($615.18), were placed in escrow pending resolution of the parties' matrimonial action. The parties agree that husband shall receive, as his sole and separate property, the net proceeds from the Steelton property and any and all interest that has accrued while the money has been in escrow, and Wife hereby agrees to waive, relinquish, and release any and all past, present or future right, title, claim and interest she may have in and to the proceeds of the Steelton property. (c) Furnishinl!s and Personalty. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment in accordance with the attached list identified as Exhibit "A." (d) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1997 Nissan Ultima automobile currently titled in the Wife's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indenmify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1999 Buick Regal automobile, currently titled in the 7 - , . ~-,. '..", '"' '-"ru,,-,,,, _L.- ". ..~".:.,:I Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. Wife further waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the proceeds from the sale of the 1987 Chevrolet Cavalier automobile sold by husband during marriage. (3) The parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (e) Life Insurance. (1) Except as may be set forth below, Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of beneficiary designation thereunder. (2) The parties acknowledge that Husband is insured under a life insurance policy with his current employer on which Wife and the parties' two children are named as beneficiaries. The parties agree that, as of the date of execution of this Agreement, Husband shall continue to name the children as beneficiaries on the existing life insurance policy, which said beneficiary designation shall be irrevocable until such time as the parties' youngest child graduates from an accredited undergraduate institution. If either of the parties' children do not attend an accredited undergraduate institution, Husband shall not be required to 8 .-, ;'",;". , '~ " ;0';':",- "'[Lei' maintain that child as a beneficiary. Until such time as each child attains the age of eighteen (18), insurance proceeds distributed shall be held in trust for the child, with Wife as trustee, to be used for the benefit of the child during minority. Any proceeds remaining in trust at the time the child reaches the age of eighteen (18) shall be distributed to the child. (1) Cash Accounts. (1) The parties acknowledge that Husband has a savings account (#01-300000696) and a checking account (#01-00011419) with Mechanics Savings and Loan. Wife agrees that Husband shall receive said accounts and the monies therein as his sole and separate property, and Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to said accounts or the monies therein. (2) The parties acknowledge that at the time of separation they were joint owners of a savings and checking account with Members First Federal Credit Union. The parties agree that Wife shall receive said savings and checking account and the monies therein as her sole and separate property, and Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the joint savings and checking account or the monies therein. (g) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties 9 ,.~ .. . , , ,. , , , '<', , ;M, agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) ProDertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the t=s of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms ofthis Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 10 ,~ 0.' , , , 'n'-",__ '., ,~''', , .,',c''_'''' '~j (k) AssumDtion of Encumbrances. (1) Commencing on the execution date ofthis Agreement, Husband shall be solely responsible for all liabilities he has incurred in his name alone, specifically to include any obligations to issuers of credit cards in his name. (2) Commencing on the execution date of the Agreement, Wife shall be solely responsible for any and all liabilities she has incurred in her name alone, specifically to include any obligations to issuers of credit cards in her name. Wife shall immediately deliver to Husband any and all credit cards in her possession that provide for joint liability, and Husband shall immediately take all steps necessary to close any and all accounts that provide for joint liability. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this agreement. Each party to indenmify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this agreement. (I) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 11 .' ~ -'~' """,' Ili1llol!I:iilk.'Il!& (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (0) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights 12 - . "~ " ,', " '. " 0.4""" ,_, , ,', ;:'':'"'' '-"" ;);~"n" filwt:::! and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alirnony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, 13 ~ , " '" '" ^' <" ';.. j,' .~~,- . ;" '," ,~ ~tL:i deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no altemate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights 14 . , _",..,_'n - ",,' '=~ ,~'ill and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes 15 n , ."!", , '".J',,;)"""~:'::'<' ,;,;': --,," ", '~''i of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16 ,~ " ~ -.,,", ;'-"'-';' .".' ,.,' - , ,,' ", '~ ,,' ,,,-,' ~I':\ 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient ifmade or addressed to the following: Robert E. Matthews c/o Frank S. Matthews 119 Penn Street Steelton, PAl 7113 and to Wife, ifmade or addressed to the following: Heather 1. Matthews 19 Highland Drive Camp Hill, Pa 17011 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement ifthey do so on the same date, or ifnot on the same date, then the date on which the Agreement WaS signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 17 ;""""" -' ,~ ,~~ ,'. ,~' -", ~, . 1i,~-' 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part ofthis Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrllment expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary 18 ," ~ ~O "'_"1__ , .,.',':' ~ '=<;'_tl~~ designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~~9~ TNES ~JkJc 8vn~ RO ERTE.MATTHEWS // ~ HEt!::~~ 19 --~ " ,~,' C'_ , ,'. ;,~ ,,,,,-,, ,~ f _,,;,m COMMONWEALTH OF PENNSYLVANIA r COUNTY OF i-i~U~v\.~ '~_f,-~ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared ROBERT E. MATTHEWS known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this~ -~.&1-- _. \. ' . , 2001. day of r, \ . (~t~~.8~, 'Notarypuolic in and for .' \ Commonwealth ofPennsylvll!li~ Typed or printed name of Notary: ( My commission expires: NOTARIAL SEAL OEBRA M. SHIMp, IIOT;.RI' Pll!k.. IC,NTY CITY Of HA1I1USBUlIG. OAUPIIIN ..... MY COMMISSION EXPIRES AUG. Z9 2005 20 ~,. ,~ ,,~', "".';'''', j f*';:~ COMMONWEALTH OF PENNSYLVANIA 1 COUNTY OF &~/3J*PZrZ ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared HEATHER 1. MATTHEWS known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. . /i ~~TJrIDFR MYHAND AND SEAL OF OFFICE tIn.,;;[ day of -:mh~OI. ~ / .// / ( Notary Public in and for . Commonwealth of Pennsylvania Typed or printed name of Notary: 21 .' . ,a ~. "" .~. , , ,. -',- 1'1 K.1+cY\-e1') Me.. +O~l\-tPJ ".,Wl ry,Jr}{(;W 4111 C'..' [a fob ~(1'J.5.e.. " . . " - , .. <M-, dishes ~ PlVlS LA.+<x1s.i [s ./ W "'-~hair it. 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I~ I I ft\~ i WMhA \ ?...~ - I . , '., . \. .. ---.'---'- ;. 4 ----... c I': -.;'-- ifll..C-l>i ~ ill 0"1))'1\ ~. ~4~) I \ t... .1 ~ -J _ J -r-: .... ~ .' ~I. ...., ; CU!'A-'~'ll',}.. :\1l o,z r;uVLlJWl. I OVJ~ C, iL"I-f'IU'\ .,) i ~:L e~ A'l\lA.U . .Etr:--.-:tn I:JR divc:d.lil. , . ! I I I I I -. rrecd In., Heg, Pa. !70li \1 r7"" P. 4/5 :'10. ~. J' ;- ( . '.-r ..~ . . ~.- Srf...aJJ.. -rV I ( ,IJ' . - Of - ~Lu., . - . ,', ~ n.~~:';~1 ~~~~ I':':J~:: . . 'i':r':. .". --. r> .....,L' ~r~ ' _\ lU) ('C'f'~ I I I ,... '.~ - \~ " -. .- iTe'.xl ~ ""-" ,~ ,,' " - , ~IIU:&iIt~~.~ ", ~"~"- ~ ',. ~-- ," -- .,.,,,,-"-,' .' ' ....0' I"" ii II ,I I, I; () r'j r:-l Lt '-j ~ ., ;'1 t,~) 4- , -< C) ~:-: '-') , i ~. :..'2.:' ,', ~;: >=~ ;rl :> " ~~ :,n :o:J -< - -< ~"I~" .. $ "Ji r , WILLIAM T. HAWTHORN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 97-2120 CIVIL TERM : MARYELLEN HAI'VTHORN, Defendant : CIVIL ACTION - LAW IN CUSTODY/VISITATION ORDER OF COURT AND 1.'iDil, this 1'" day of .;:Iv......... upon consideration of the attached Custody Conciliation Report, ordered and directed as follows: , 1997, it is 1. The Father, William T. Hawthorn, Jr., and the Mother, Mary Ellen Hawthorn, shall have shared legal custody of William Thomas Hawthorn, III, born April 26, 1988, and Leah Adrieanne Hawthorn, born November 4, 1991. Children. 2. The Mother shall have primary physical custody of the 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday, at a time to be arranged by mutual agreement of the parties, to Sunday at 7:30 p.m. The alternating weekend schedule shall begin with the Father having custody on Friday, June 6, 1997. 4. The parties shall cooperate with each other in scheduling an additional ped-od of partial custody for the Father on one week day evening per week as permitted by the Children's activities and the parties' work schedules. 5. The parties shall share or alternate custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. Shared. holidays: The parties shall share custody on the following holidays, with specific times to be arranged by agreement of the parties in such a way that each party shall have custody of the Children for a minimum of 5 1/2 hours on the holiday: Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. C. Mother's Day/Father's Day: The Mother shall have custody of ,;;. .. 1'1l "ft~~~ n~~"~ <,r" ^" ~~ " ~<" " ~ , ~ FilED-OFFICE Or: :y>,,(\T~.J"~>:"':DI\RY q7 ,", 'J B~ t 2' lll:'I.} U', ,- CU\.'L. ,.; '~! PE.f\j i\,SYL\/;':\;\Ji/\ , , ,~~ . ,^ ,.:1~" ~_...U*~iMlil'l<lllI~!1i!l!iJlli~;~i'ijjIl,.."!,,.,~"~,I,~~~~~)~, I!ll!il!l:,. "''''n - "~~ . " 0' - ~lBiK\I-!' -' . " the Children every year on Mother's Day and the Father shall have custody of the Children every year on Father's Day, with specific times to be arranged by agreement of the parties. P. Children's birthdays: The parties shall share custody of each Child on his or her birthday each year as arranged by agreement of the parties in such a way that each party has an opportunity to spend a reasonable period of time with the Child having the birthday. 6. Each party shall have custody of the Children for two weeks (consecutive or nonconsecutive) during the summer school break each year upon providing thirty (30) days advance notice to the other party. Except as otherwise agreed by the parties, summer vacation custody shall be scheduled so as not to interfere with the holiday custody schedule. 7. The party receiving custody of the Children shall be responsible to provide transportation and shall remain in his or her car during the exchange of custody. 8. If either party is going to be late for an exchange of custody, that party shall notify the other party as soon as possible. 9. The parties shall be punctual in observing the time set forth in this Order for exchanges of custody. 10. The noncustodial party shall be entitled to have telephone contact with the Children one time per day and the custodial party shall make a reasonable effort to ensure that the Children return the noncustodial parent's telephone messages. 11. The Father shall insure that beds are available to the Children for overnight periods of custody at his residence. 12. The Mother shall keep the Father advised of the Children's activity schedules (including church activities) and the parties shall communicate with each other concerning scheduling changes. 13. The Mother shall make the Children available for any counseling sessions scheduled on the Children's behalf by the Father at the Father's sole cost. The Father shall avoid scheduling counseling sessions during the Children's pre-scheduled activities. 14. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE cc: Gary J. Irnblurn, Esquire - Counsel Charles Rector, Esquire - Counsel ,,'-~ '<1(,'" WILLIAM T. HAWTHORN, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 97-2120 CIVIL TERM MARYELLEN HAWTHORN, Defendant : CIVIL ACTION - LAW IN CUSTODY/VISITATION CUSTODY CDlCILIATICfi SUMMARY REPOOT IN ACCORDI\NCE WITH CUMBERLAND COONTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF William Thomas Hawthorn, III Leah Adrieanne Hawthorn April 26, 1988 November 4, 1991 Defendant/Mother Defendant/Mother 2. A Conciliation Conference was held on June 3, 1997, with the following individuals in attendance: The Father, William T. Hawthorn, Jr., with his counsel, Gary J. Imblum, Esquire, and Tony Thomas, Law Clerk, and the Mother, Mary Ellen Hawthorn, with her counsel, Charles Rector, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~~a..., Dawn S. Sunday, Esquire Custody Conciliator ~ tf, /99/ Date