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HomeMy WebLinkAbout03-3689KELLY JO PLETCHER, Plaintiff MARK S. PLETCHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 KELLY JO PLETCHER, Plaintiff MARK S. PLETCHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVIL ACTION - LAW : : IN DIVORCE NOTICIA Le han demandado a usted en la corte, Si usted Quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene que tomar accion pronto. Sea avisado que si usted no se defiende, la corte tomara medidas y un decreto en divorcio o anulacion puede ser entrado contract used por la corte. Una orden contra useted tambi~n puede ser entrada por calquier queja o alivio que is pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted, inclusivamente custodia o derecho a visitar sus hijos. Quando el fundamente para el divorcie es indignidades o el ropimiento del matrimonio, usted puede pedir aconsejo sobre su matrimonio. Una lista de consijeros es disponible en la oficina del Protonotario en el: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA 17013. Si usted no archiva en la corte enforma escrita su demanda para assistencia de divorcio, division de propiedad, honorarios o costas para su abogado antes que la corte entre una orden en divorcio o anulacion, usted puede perder su derecho a damandar cualquiera de esto. Lleve esta demanda a tm abogado o si no tiene el dinero suficiente de pagar tal servico, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra estcrita abajo para averiguar donde se puede consequir asistencia legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 KELLY JO PLETCHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 26 'I : CIVIL ACTION - LAW MARK S. PLETCHER, : Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds hereinafter more fully set forth: COUNT I 1. Plaintiff is Kelly Jo Pletcher, who currently resides at 1555 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, having so resided since 1998. 2. Defendant is Mark S. Pletcher, who currently resides at 1555 Inverness Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, having so resided since 1998. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 20, 1984 in Clinton County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there are two minor children of the parties, namely Warren D. Pletcher, born April 9, 1988 and Marshall R. Pletcher, born March 30, 1990. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are hereby incorporated by reference herein as if fully set forth. 12. Plaintiff states that Plaintiff and Defendant possess various items of both real and personal marital property which are subject to equitable distribution by the Court. 13. Plaintiff seeks equitable distribution of the parties' real and personal property. WHEREFORE, Plaintiff prays that Your Honorable Court: (a) Equitably divide and distribute all property, personal and real owned by the parties; and (b) Grant such further relief as the Court may deem equitable and just. Date: ~g//o 7 By: Respectfully submitted Gmyj~. Rot schild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. KELLYJO PLETCHER, Plaintiff V. MARK S. PLETCHER, De~ndant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-0368:9 : CiVIL ACTION ~ LAW : : IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire hereby accept service of Plaintiff's Complaint In Divorce. I hereby certify that I represent the above-captioned Defendant, Mark S. Pletcher and further certify that I am authorized to accept service on behalf of said Defendant. Date: S~I] -L~. ~d~squ~re'~'~- . Pa. Sup. Ct. I.D. # 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ?~'~ 2004 '- ' _s__ ~ ~, ,oetween KELLY JO PLETCHER, hereinafter referred to as "Wife" and MARK S. PLETCHER, hereinafter referred to "Husband". WITNESSETH: WHEREAS, the parties hereto, being Husband and Wife were lawfully married on October 20, 1984, in Clinton County, Pennsylvania; and WHEREAS, there were two children born of the parties, narnely, Warren D. Pletcher, born April 9, 1988, and Marshall R. Pletcher, bom March 30, 1990; and WHEREAS, Wife has commenced an action in Divorce in the Court of Common Pleas of Cumberland County, docketed to No. 2003-03689 (hereinafter referred to as the "Divorce Action"); and WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling o fall matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate; and WHEREAS, the parties hereto, Wife being represented by Gary L. Rothschild, Esquire, and Husband, being represented by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned by each and have disclosed to each other and to their attorneys full information as to the financial status of both parties hereto. NOW THEREFORE, the parties hereto, in consideration of the above recitals, premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1. iNCORPORATION OF PREAMBI,E The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDiNGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on legal grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party, which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divome Code. Each party shall execute an "Affidavit of Consent" and "Waiver of Notice of Intention To Request Entry of a Divorce Decree" upon the expiration of the mandatory ninety (90) day waiting period. 3. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 4. AGREEMENT TO BE iNCORPORATED 1N DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. 5. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages, resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an Order of Court or Agreement pertaining to equitable distribution, alimony, alimony pendent lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereinafter enacted. 6. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE The transfer of property, funds, documents and/or any other thing or provided herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. FINANCIAL DISCLOSURE The parties confirm tl~at each has relied on the accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 9. SEPARATION Husband and Wife shall at all times hereafter have the fight to live separate and apart from each other and to reside from time to time at such place or places as they respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 10. DIVISION OF BANK ACCOUNTS AND STOCK The parties hereto mutually covenant, acknowledge and agree that they have separated their financial accounts as follows: A. Husband shall receive and be the sole owner of: i) all bank accounts only in his name, and 4 ii) the 2,000 shares of Ruby Tuesday stock, currently valued at approximately $ 50,000.00. B. Wife shall receive and be the sole owner of all accounts only in her name. The parties hereto mutually covenant, acknowledge and agree that any monies, interest or dividends received subsequent to the execution of this agreement shall be the property of the party receiving the asset from which the payment, interest or dividend arose. The parties hereto mt~tually covenant, acknowledge and agree that any bank/credit union accounts or brokerage accounts not identified in this paragraph, which is held solely in individual names, shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive, release, renounce and forever abandon whatever right, title, interest or claim he/she may have in the other party's respective accounts as well as those listed in this paragraph. 11. DIVISION OF AUTOMOBILES. A. Division of Automobiles. The parties acknowledge that they are the owner of one automobile and lessees of one automobile and agree to the following division of the automobiles: (i) The 2002 Nissan Xtera shall become the sole and exclusive ~ property of Wife. There is currently an outstanding liability associated with this vehicle, in the amount of approximately $ 18,000.00. Wife agrees to refinance said outstanding liability within sixty (60) days of execution of this Agreement. Wife anticipates trading in or selling the encumbered vehicle in the near future and shall pay-off said liability at the time of sale or trade-in. Husband agrees to execute whatever documents are needed to effectuate said sale or trade-in. (ii) The 2000 Forerunner shall become the sole and exclusive property of Husband. There is currently an outstanding lease agreement associated with this vehicle with PNC leasing. Husband agrees to attempt to refinance said lease within sixty (60) days of execution of this'Agreement to remove Wife from said lease. B. Transfer of Ownership, :the parties agree to execute the titles or assignments of lease agreements to the aforesaid vehicles, if appropriate, to effectuate the transfer as herein provided on the date of execution of this Agreement and said executed title/assignments shall be delivered to the proper party on the distribution date. For the purposes of this Paragraph the term "title" shall be deemed to include a "Limited Power of Attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. C. Indemnification. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness the party rece)ving said vehicle as his or her property shall (i) take it subject to said lien, encumbrance, lease or other indebtedness; (ii) shall be solely responsible therefore and (iii) agrees to indemnify, protect and save the other party hamaless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she 6 may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. The parties acknowledge they know of no liens, encumbrances, leases or other indebtedness to which any of the aforementioned vehicles is subject to, except those liens, etc. set forth in this Paragraph. 12. PERSONAL PROPERTY The parties hereto mutually agree that they have divided all furniture, household furnishings, appliances and other household personal property between them in a manner agreeable to both parties. The parties agree that Wife shall retain all items of personal property located at the marital residence except those listed on Exhibit "A" attached hereto, which Husband shall retain. The parties also mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession except for those items identified in Exhibit "A". 13. RETIREMENT BENEFITS, ASSETS AND PLANS The parties acknowledge that, as a result of their emPloyment prior to and during the marriage, Husband has accumulated retirement benefits including Husband's IRA (rollover from Husband's 401(k)) account at American Express, valued at approximately $ 46,000.00, as of June 30, 2003, an IRA account with Fulton Bank, valued at approximately $1,300.00 as of June 30, 2003 and a 401(k) account with Ruby Tuesday, Inc. valued at approximately $1,400.00 as of June 30, 2003. The parties ackno~vledge that Wife's SEP/IRA, of approximately $ 2,600.00 was previously cashed in by Wife and utilized for marital debts. The parties acknowledge that they have exchanged full infom~ation about the above-referenced benefits, had them examined and valued by experts, or elected to voluntarily waive such valuation, and have reached agreement upon the distribution of those assets in the future. Husband has recently withdrawn approximately $10,000.00 from Husband's American Express IRA accot~nt and Wife acknowledges receipt of $ 6,000.00 from said withdrawal. Husband agrees to be solely responsible for any taxes, penalties or other charges associated with said withdrawal. With regard to such benefits, accounts and assets, the parties agree that the parties shall divide all of their interests is said assets by dividing the remaining amount of Husband's American Express IRA account, referenced above as follows: A. Wife shall receive $ 27,000.00 of said account and B. Husband shall receive $ 7,000.00 of said account. Any amounts above or below the approximate value ors 34,000.00 shall be shared equally by the parties, i.e., if, at the time of payment the IRA account has $ 38,000.00 as the total balance, Wife shall receive $ 29,000.00 and Husband shall receive $ 9,000.00. Husband agrees to cooperate in the transfer of Wife's share of the aforementioned IRA account, through a tax-free rollover, into an IRA or other tax defen'ed account. Should a Qualified Domestic Relations Order be required to effectuate said transfer the parties agree to share equally in the cost of the preparation of said QDRO. 8 Husband shall receive and be entitled to all remaining retirement benefits, 401(k) accounts, individual retirement accounts, or other retirement accounts in his name or earned by him through his employment. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the retirement plans separately stated in this paragraph as well as any Pension Plan, Retirement Plan, Profit Sharing Plan, 401 (k) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any other employee benefit plan (collectively referred to as "Employee Benefit Plans") and hereafter said Employee Benefit Plans shall become the sole and separate property of the party named in the Employee Benefit Plans or through whose employment said Employee Benefit Plans are carried. The party receiving the retirement account shall be responsible for any and all outstanding loans associated with the account. 14. REAL PROPERTY-MARITAL RESIDENCE. The parties hereto mutually covenant and agree that the real property they own jointly, as Husband and Wife, upon which exists a residence and other structures being known and numbered as 1555 Inverness Drive, Mechanicsl?urg, Pennsylvania 17050, (hereinafter referred to collectively as the "Marital Residence") was acquired during the marriage. The parties agree that the ownership of the marital residence shall be transferred into Wife's name alone. The marital residence is subject to a mortgage with National City Mortgage, with an outstanding balance of approximately $ 200,000.00. The parties agree that Wife shall sell the marital residence and receive all proceeds from said sale. Husband agrees to cooperate and execute all documents 9 necessary to effectuate the sale of the marital residence. Wife agrees to be solely responsible for the mortgage and agrees to indemnify, protect and save Husband harmless from said mortgage. Husband does specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in the marital residence. The parties acknowledge that they know of no mortgages, liens, encumbrances or other indebtedness to which the marital residence is subject to, except those mortgages, liens, encumbrances or other indebtedness set forth in this Paragraph. 15. INSURANCE POLICIES The parties acknowledge that, Husband and Wife may have one or more life insurance policies. The parties acknowledge that said policies have no cash surrender value. With regard to any such insurance policies, the parties agree that Husband shall receive and be entitled to the value of his insurance policies and Wife shall receive and be entitled to the value of her insurance policies. Except as may otherwise be provided herein, each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be in the insurance policies separately stated in this paragraph and hereafter said insurance policies shall become the sole and separate property of the party named as the owner therein. The party receiving the insurance policy shall be responsible for any and all outstanding loans associated with said policy. 16. WiFE'S BUSINESS. Wife is the owner of Perfect Transcription Associates, LLC (hereinafter referred to as "Wife's business"). 10 · Husband does specifically waive, release, renounce and forever abandon all of his right, title, interest or claim, whatever it may be in ~fe s business and hereafter said business shall become the sole and separate property of Wife. Wife shall be responsible for any and all outstanding loans, debts or liabilities associated with, relating to or resulting from the business and hereby indemnifies Husband from any and all such liabilities. 17. MISCELLANEOUS PROPERTY All marital property not otherwise mentioned in this Agreement shall be hereafter owned by the party to whom the property is titled; and if untitled, by the party in possession. This Agreement shall constitute a sufficient Bill Of Sale to evidence the transfer of any and all fights in such property from each party to the other. 18. CUSTODY AND SUPPORT OF CHII ,DREN A. CUSTODY: The parties hereto mutually agree that they shall have shared legal custody of their minor children and Wife shall have primary physical custody of the minor children. Husband agrees to participate in the raising of the minor children and shall spend appropriate periods of time with the children based upon hit work-schedule and the schedules of the minor children, to include alternating weekends, summer vacations, etc., with the exact times of exchange to be worked out between the parties. Both parties agree to keep each other informed if they are to be away from their residence for more than 24 hours and provide a telephone number or other method of contacting the party. Both parties agree that the minor children shall have reasonable telephone access to the non- custodial parent. 11 B. CHILD SUPPORT: Husband agrees to pay the sum of $800.00 per month, to Cumberland County Domestic Relations, effective January 8, 2004. Husband agrees to authorize his current and future employer(s) to automatically withhold the funds necessary to effectuate the payment set forth in this paragraph and to forward said payments to the Cumberland County Domestic Relations Office via PA SCDU. Husband agrees to make said payments directly to Wife until Husband's employer begins withholding the funds pursuant to this paragraph and during any subsequent period of time when said funds are not withheld for any reason. The parties agree that the amount of child support set forth above is based upon the agreed upon current annual earnings and earning capacities of the parties, $ 40,000.00 for Husband and $ 30,000.00 for Wife, however, should either party's actual income change; the amount of support shall be modifiable pursuant to the Pennsylvania support guidelines. The amount of support for which Husband is obligated to pay, pursuant to the parties' agreement, reflects the parties' agreement to not include any additional support for a "mortgage add-on" calculation. C. MEDICAL/DENTAL INSURANCE; LIFE INSURANCF, In addition to the aforementioned child support obligation, Husband agrees to continue to provide medical coverage as presently provided through his employer, at no expense to Wife, for the parties' two minor children. Said coverage to include dental and eye coverage. Wife agrees to be responsible for the first $ 250.00 of non-covered medical costs, per child per year. All non-covered medical expenses for the parties' children, in excess of the aforementioned $ 250.00, shall be shared equally by the parties. 12 Additionally, until 1) all the parties children reach the age of 18 years and 2) Husband's obligations under paragraph 17 B. above have been fulfilled, Husband shall maintain at Husband's sole cost, life insurance coverage on Husband's life, in an amount not less than $100,000.00. Said policy coverage shall indicate primary beneficiaries as the parties' minor children mad Dwight Bohm (Husband's brother in-law) as Trustee for said proceeds. Documentation of the aforesaid life insurance coverage or other death benefits shall be provided to Wife annually commencing thirty (30) days after execution of this Agreement. 19. RELOCATION OF HUSBAND. The parties acknowledge that Husband is currently residing at the marital residence. Husband agrees to relocate from the marital residence within thirty (30) days of execution of this Agreement. 20. DEBTS The parties acknowledge that they have no joint debts. Each party acknowledges that they have individual credit cards in their names alone. Each party agrees to be solely responsible and liable for debts in their individual names. Specifically, Wife shall be solely responsible and liable for the following credit card debts: a) Capital One account number ..... 8439 - balance of approximately $ 300.00 as of August, 2003, b) Bank One account number ..... 3664 - balance of approximately $ 4,000.00 as of August, 2003, c) Capital One account number ..... 1931 - balance of approximately $1,600.00 as of August, 2003, and d) Citi Cards account number ..... 1346 - balance of approximately $ 6,200.00 as of September, 2003. Husband shall be solely responsible and liable for the following credit card debts: 13 a) MBNA Master Card account- balance of approximately $12,000.00 as of September 30, 2003, b) First USA Visa account- balance ofapproximately $ 5,200.00 as of September 30, 2003, and c) Bon Ton charge account- balance of approximately $ 300.00 as of September 30, 2003. The parties acknowledge that, other than the debts listed in paragraphs 11 and 14 above, they have no other joint debts. Each party acknowledges that they have individual credit cards in their names alone. Each party agrees to be solely responsible and liable for debts in their individual names. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same become(s) due, and to indemnify and hold the other party and his or her property harmless for any and all such debts, obligations and liabilities. From the date of the 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 not use any credit card or other debt instrument for which the parties have joint liability or any potential liability. The parties agree to cooperate in closing any remaining accounts which provide for joint liability. 21. BANKRLrPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of bankruptcy. The parties agree that should either party file for bankruptcy then all marital obligations cf that party and any other obligations of that party, set forth in this Agreement, shall be deemed as alimony owed to the other party. Additionally, the party filing for bankruptcy 14 shall also pay, as additional alimony, the amounts of legal fees expended by the other party to obtain said alimony payments plus a thirty (30%) pement additional alimony amount (to reflect the taxable status of the payments to be received from the party filing for bankruptcy). Said alimony shall be a non-dischargeable claim under the bankruptcy laws. Both parties warrant that he/she has not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated by others. 22. LEGAL FEES, COSTS AND EXPENSES Wife acknowledges that she has been represented in this matter by Gary L. Rothschild, Esquire and Husband acknowledges that he has been represented by Samuel L. Andes, Esquire. The parties acknowledge and agree that each shall be responsible for the payment of the fees owed to their respective attorney. Husband and Wife do hereby waive, release and give up any fights which they may have against the other for payment of counsel fees. The parties acknowledge and agree that each shall be responsible for the payment of any and all costs and expenses incurred by that party. Husband and Wife do hereby waive, release and give up any rights which they may have against the other for payment of costs and expenses. 23. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent and language of this Agreement. 24. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she had the right to obtain from the other party a complete inventory or list of all of the property that either or both parties owned at the 15 time of separation and at the time and/or owned at this time and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision conceming the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his o~ her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. D. The fight to discovery as provided by th? Pennsylvania Rules of Civil Procedure. E. The right to have the court determine which property is marital and which is non-marital, and equitably divide and distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that parties' non-marital property. 16 F. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child support, spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, counsel fees, costs and expenses. 25. FURTHER DEBT Wife agrees that she ~hall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against Husband by reason of debts or obligations incurred by Wife. 26. FURTHER DEBT Husband agrees that he shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against Wife by reason of debts or obligations incurred by Husband. 27. MUTUAL RELEASE Except as otherwise provided herein and so long as this Agreement is not modified or canceled by subsequent Agreement, the parties hereby release and discharge absolutely and forever each other from any and all rights, claims and demands, past, present and future, including, but not limited to the following: spousal support, alimony, alimony pendente lite, division of property, claims or rights of dower and right to live in the marital home, right to act as executor or administrator of the other's estate, rights as 17 devisee or legatee in the Last Will and Testament of the other, any claim or right as beneficiary in any life insurance policy of the other and any claim or right in the distributive share or intestate share of the other parties' estate. 28. TAX ON PROPERTY DIVISION. The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit reduction Act of 1984 or other similar tax acts (hereinafter the "Act"), specifically, the provisions of the said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and caused to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provision of said Act. As to transfers to which the Act may not or does not apply, Husband shall be solely responsible for any and all taxes that may be assessed or become due from Husband, and Wife shall be solely responsible for any and all taxes that may be assessed or become due from Wife as a result of or arising from this Agreement. 29. TAX RETURNS The parties have heretofore filed joint tax returns, including federal, state and local returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either party, then the party whose income or deduction information was inaccurate or incomplete shall be responsible to pay such additional tax, penalty or interest and shall indemnify and hold 18 harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. 30. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property set forth in this Agreement is equitable and both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 31. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 32. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 33. FULL DISCLOSURE Each party asserts that she or he has made a full and complete disclosure of all the real, personal and all other property or assets of whatsoever nature and wheresoever located belonging in any way to each of them, or which may be considered a marital asset, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each of them, and of every other fact relating in any way to the subject matter of this Agreement. These 19 disclosures are part of the consideration made by each party for entering into this Agreement. 34. BREACH AND COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra-judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' feesj court costs and expenses. 35. AGREEMENT ENTERED INTO VOLUNTARILY AND AGREEMENT CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: A. Has carefully read each paragraph and each provision of this Agreement; B. Has given careful and mature thought to the making of this Agreement; C. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, including the parties' assets and liabilities; D. Has reviewed this Agreement with his/her counsel and received guidance as to his/her rights and obligations under this Agreement; E. Enters into this Agreement voluntarily after receiving the advice of independent counsel; and F. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 20 36. AMENDMENT OR MODIFICATION This Agreement may only be amended or modified by a written instrument signed by both parties. 37. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full fome, effect and operation. Likewise, the failure of any party to meet his or her obligations or duties under this Agreement or any one or more of the paragraphs of this Agreement, with the exception of the satisfaction of any conditions precedent, shall in no way void or alter the remaining obligations or duties of the parties. 38. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statutes and case law of the Commonwealth of Pennsylvania. 39. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein 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. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT 21 SHALL BE AS BINDiNG UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARiNG. iN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. Wi es4 KELLY JO~PL~T~'~IEI~ ~'Wife") MARK S. PLETCHER ("Husband") 22 COMMONWEALTH OF PENNSYLVANIA · · SS COUNTY OF : On this, the . day of 2004, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared KELLY JO PLETCHER, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY . On this, the c) ft.., day of ~Yr,,v,,v,,,~-/ 2004, before me, a Notary Public in and for the State and County aforesaid, the undersigned officer, personally appeared MARK S. PLETCHER, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary~ub~ic ~'~/-~/~ (SEAL) 23 tE~Oy~ 80RO.. CUmbERLanD C~C. MATRIMONIAL SETTLEMENT AGREEMENT KELLY JO PLETCHER AND MARK S. PLETCHER ITEMS OF PERSONAL PROPERTY TO BE RETAINED BY HUSBAND: 1) Sony computer and printer. 2) Trek bicycle. 3) Regulator wall clock. 4) Red canoe on wall. 5) Pictures of deer and duck on wall. 6) The three (3) professional pictures of Mark and boys skiing. 7) The lazy boy chair in great room. 8) Deacon bench in foyer. 9) Mirror and wall sconces in foyer. 10) Bed in Mark's room. 11) Mark's skis and boots. 12) Tile birth announcements of boys. 13) All camping equipment (tents, cooler, air mattress, fishing poles, etc.). 14) All Ruby Tuesday furniture-tables, stools, tiffany lamp, china & silverware. 15) Butcher knives from A & P and Victorinox boning knives. 16) Desk from Marshall's room and chair. 17) Table lamp in Warren's old room. 18) Picture of general store and mountain lion. 19) DVD burner/player. 20) All canning supplies and blue shelving. 21) Longuberger baskets. 22) Yakima bike rack. EXHIBIT "A" 24 KELLY JO PLETCHER, Plaintiff MARK S. PLETCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03689 CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on July 31, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: lq Ioq l~e~ Jo Plltch~r, ~-~aintiff KELLY JO PLETCHER, Plaintiff MARK S. PLETCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03689 CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on July 31, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /-/7- o q ar S. Pletcher, Defendant KELLY JO PLETCHER, Plaintiff MARK S. PLETCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03689 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REq)UEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divomed until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: I I/~ ~/-q BYfKellyJ~lSlet+er,kPlaintiff _ KELLY JO PLETCHER, Plaintiff MARK S. PLETCHER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03689 CIVIL ACTION - LAW IN DWORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF THE DIVORCE CODE I consent to the entry ora final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /-/~-O~ Mark S. Pletcher, Defendant KELLY JO PLETCHER, Plaintiff MARK S. PLETCHER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03689 CIVIL ACTION - LAW 1N DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated August 18, 2003. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divome Code: By Plaintiff 1/14/04 ; By Defendant 1/19/04. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 1/29/04; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 1/29/04. Date: /~26/~ ~ Respectfully submitted, ~:y'L. Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of .~ PENNA. Kelly Jo Pletcher, Plaintiff VERSUS Mark S. Pletcher, Defendant N O. 2003-03689 DECREE IN DIVORCE ~_ ~: ~/~/~ AND NOW,_~'i~P~ ~0~I , T Is ORDERED DECREED THAT AND Kelly Jo Pletcher Mark S. Pletcher ARE DIVORCED FROM THE BONDS OF MATRIMONY, , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FI'NAL ORDER HAS NOT YET BEEN ENTERED; None. Further, the Matrimonial Settlement Agreement, executed by the parties and dated January 9, 2004, attached hereto, is incorporated herein for the purposes of enforcement but shall not be merged into said Decree. The parties are ordered to comply with the terms of said Agreement. BY THE COUF PROTHONOTARY