Loading...
HomeMy WebLinkAbout08-6827 KAILASH N. MATHUR, JR., Plaintiff Vs. NANCY D. MATHUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 68 - 6ga17 Ll vi 1 Term : 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 KAILASH N. MATHUR, JR., Plaintiff VS. NANCY D. MATHUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 i KAILASH N. MATHUR, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. ©k- G 7.2 7 NANCY D. MATHUR, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Kailash N. Mathur, Jr., by and through his counsel, Linda A. Clotfelter, Esquire, who files this Complaint in Divorce and in support thereof states the following: 1. Plaintiff is Kailash N. Mathur, Jr., (hereinafter referred to as "Plaintiff'), an adult individual who resides at 7 Old Coach Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Nancy D. Mathur, (hereinafter referred to as "Defendant"), an adult individual who resides at 7 Old Coach Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorce Complaint. 4. Plaintiff and Defendant were married on December 15, 1990, in Trevorton, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since October 13, 2008. 6. There are no pending divorce proceedings upon the filing date of this Complaint. 7. Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 11 (By: mda A. Clotfelter, Esquire 'Jkttorney ID No. 72963 5021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff . . KAILASH N. MATHUR, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. NANCY D. MATHUR, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, KAILASH N. MATHUR, JR., verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. 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: // 2/3 LJ 061 00, KAILASH N. MATHUR, J 0 0 KAILASH N. MATHUR, JR., Plaintiff VS. NANCY D. MATHUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6827 : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, ELIZABETH J. SAYLOR, Counsel for Defendant in the above-captioned matter, hereby accept service of the Complaint Under Section 3301(c) or 3301(d) of the Domestic Relations Code on behalf of Nancy D. Mathur and certify that I am authorized to do so. LAW FIRM OF PETER J. RUSSO, P.C. Date: By: Elizabeth J. Saylor, Esquire Attorney ID No. 200139 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 telephone (717) 591-1756 facsimile Attorney for Defendant r -• KAILASH N. MATHUR, JR., Plaintiff VS. NANCY D. MATHUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6827 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this &day of November, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by United States First Class Mail, postage prepaid: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire A rney ID No. 72963 4621 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff > .? ?. ? } ?,- ; 0 KAILASH N. MATIIUR, JR., : IN THE COURT OF COMMON PLEAS Of Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-6827 NANCY D. MATHUR, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed November 18, 2008. 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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. Section 4904, relating to unworn falsification to authorities. Date: ! d V-0 If -0 W ?' 7,-z '?? KAILASH N. MATHUR, JR., Plaintiff j'LE r jlap SEP 25 P;' ?? / r CIF N.1'? i rye 2009 SEP 25 p?j I r y Iy 0 KAILASH N. MATHUR, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-6827 NANCY D. MATHUR, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 18, 2008. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: FILE, OP THF P-' 20B SE 25 Fit] ! : 17 0 KAILASH N. MATHUR, JR., Plaintiff VS. NANCY D. MATHUR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6827 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by 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 false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: T ?V--6 q NANCY D. MATHUR, Defendant OF TNc ? p ;?%z??fir 25 17 ,t? iT Nil MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this J " -day of l , 2009 by and been, KAILASH N. MATHUR, JR., (hereinafter called "Husband") and NANCY D. MAT UR i i (hereinafter called "Wife") WITNESSETH: i WHEREAS, Husband and Wife were lawfully married on December 15, 1990; and i WHEREAS, the parties hereto are the natural parents of one (1) minor child, n4ely, I Sierra Mathur, born August 9, 1996 (age 13 years); and one adult child, Ryan A. Mathur; ?orn August 5, 1990 (age 19 years); and WHEREAS, the parties are now separate and apart within the meaning of the Pennsylvania Divorce Code; and l WHEREAS, the parties hereto are desirous of resolving 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 propert?, the support and maintenance of one another and, in general, the settling of any and all claim and possible claims by one against the other or against their respective estates. 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: I 1. 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 -1- indirect by the other. Each may reside at such place or places as he or she may select. Each rnay, 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 and each party shal l not interfere in any way with the other party's business and/or business contacts. Husband and ife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the oth r 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 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has ha4 the opportunity to receive independent legal advice from counsel of his or her selection. Husband has been represented in this matter by Linda A. Clotfelter, Esquire, and Wife has been represento in this matter by Elizabeth J. Saylor, Esquire. Each parry has had the opportunity to review this Agreement and each fully understands the facts and his or her legal rights and obligations. ?Iach i party also acknowledges and accepts that this Agreement is, under 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 o 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 lItights of the 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 cots 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 Plus of -2- Cumberland County, 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. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that 4e or she is aware of his or her right to seek discovery including, but not limited to, 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 o? the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or sh? has had the opportunity to hire counsel to explain the concept of marital property under law and each is aware of his or her right to have the real and/or personal property, estate and earnings and income of the other assessed or evaluated by the courts of this Commonwealth of 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 are held jointly, in the name of one party alone or in the name of one of the parties and individual or individuals. Each party agrees that any right to further disclosure, valuation, or enumeration or statement thereof in this Agreement is hereby specifically waived, and the do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan state?ents or any other documentation. Each party warrants that he or she is not aware of any marital asset i 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 s?e the -3- 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, paper and independent representation by legal counsel. 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 shal? be limited to a claim for divorce only. Husband filed a Divorce Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania to Civil Docket Number 08-6827. The parties a?ree that concurrently with the execution of this Agreement they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either arty F E may finalize the divorce action in a timely fashion. In the event, for whatever reason, either arty fails or refuses to execute such affidavit upon the other party's timely request, that parry Shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing parry to con?ent. Each party hereby agrees that a legal or equitable action may be brought to compel him or h?r to execute a consent form and that, absent some breach of this Agreement by the proceeding p?rty, there shall be no defense to such action asserted. Upon completion of the divorce action, co?nsel obtaining a divorce decree shall suPP1Y to opposing party a copy of the Decree. 5. INCOME TAX CONSIDERATIONS. The transfers of property purs*t to this Agreement are transfers between Husband and Wife incident to their divorce and as suci are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall b? the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal -4- division of marital property for full and adequate consideration and as such will not result in, any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete invento? or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (?) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be diff?rent from the provisions of this Agreement. Each parry acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is no't the result of any fraud, duress, or undue influence exercised by either party upon the other or b? any I other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the foll*ing procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate properti as defined by the Pennsylvania Divorce Code. b. Income and Envnse Statement: The right to obtain an income and expense E statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter ' required to be filed in any child support action or any other proceedings purl, ant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules ? f Civil Procedure, except discovery arising out of a breach of this Agreement, out -5- of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the urt determine which property is marital and which is non-marital, and equi bly distribute between the parties that property which the court determines t be marital. i e. Other Rights and Remedies: The right to have the court decide any other rights remedies, privileges, or obligations covered by this Agreement, including, b not limited to, possible claims for divorce, spousal support, alimony, all ony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION. The parties have attempted to distribute heir marital property in a manner which conforms to the criteria set forth in Section 3502 o? the Pennsylvania Divorce Code. The division of existing marital property is not intended b?, the parties to constitute in any way a sale or exchange of assets, and the division is being aff4cted without the introduction of outside funds or other property not constituting marital property. l The division of property under this Agreement shall be in full satisfaction of all marital rights o? the parties, and shall be as follows: A. REAL ESTATE - i. 7 Old Coach Lane, Carlisle, Pennsylvania: The parties acknowledge that the real property situate at 7 Old Coach Lane, Carlisle, Pennsylvania, served as the marital residence. The parties currently have a mortgage of approximately $267,300 with MetLife Home Loans. The parties agree that the remaWng mortgage will be paid once the marital residence is sold. Each party understands E that they have the right to have an appraisal done to value the home, which wo?ld be done at their own expense; however, each party expressly waives the right td said appraisal. The parties mutually agreed that the marital residence will be sold. The -6- parties have listed the property for sale with a realtor of their mutual selection and each party shall cooperate fully in listing, marketing, and facilitating the sale of the property with the proceeds being utilized to pay the joint debt herein. The parties also agree that as part of equitable distribution an4 in consideration of the marital debt designation described below, Husband and shall be entitled to equal shares of the equity in the home. The parties specifically agree that they will use the proceeds of the sale of the residence to pay the outstanding debt in the following priority order: a. Mortgage on 7 Old Coach Lane: Approximately $267,300.00. b. Orthodontic bill for their daughter, Sierra, with a balanc? of approximately due of approximately $632.00. i C. Loan to K.N. Mathur, SR.: $51,230.40 (Proceeds to be given to Husband, who will then be fully responsible for debt.) d. Any remaining funds to be distributed equally between Wife and Husband. i ii. 472 Waterleaf Court, Mechancisburg, Pennsylvania 17050. I The parties acknowledge that Husband purchased a residential property situate at 472 Waterleaf Court, Mechanicsburg, Pennsylvania 17050 after the date of of the parties. It is specificially agreed that this real property is non-marito and shall be retained solely by Husband with Wife waiving and all rights that she may in same, including but not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. It is agreed that -7- Husband shall be solely responsible for any and all liabilities for the property) and he shall hold Wife harmless from same. It is also acknowledged that Wifel has previously executed a Waiver of Marital Rights effectuating the terms of I this Paragraph. iii. Timeshare and funeral plots: The parties acknowledge that they o Wife's parents during the marriage a right in a timeshare property and plots. It is expressly agreed that Wife shall retain these items of property and Husband shall waive any rights that he may have in same. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The paa?rties agree that they have divided by agreement between themselves all furnishings and personalty including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Wife shall retain as her sole and sep?rate i property the personal property presently within her possession and Husband shall r?tain sole and exclusive ownership of the furnishings and personalty presently withi his possession. Each parry shall retain the furnishing and personalty as described herein as l is or her possession, free and clear of any right, title, claim and/or interest of the other arty. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to a in the possession or under the control of either party if, in the case of tangible per?onal property, it is physically in the possession or control of the party at the time of the si?ning of this Agreement or in the case of intangible personal property, if any physical or w?tten -8- evidence of ownership, such as passbook, checkbook, policy or certificate of insuranp,e or other similar writing is in the possession or control of the party. This Agreement constitute a sufficient bill of sale to evidence the transfer of any and all rights in property from one party to the other as set forth herein. C. MOTOR VEHICLES: L 2007 Nissan Altima- It is specifically agreed that Husband shall retain exch?sive use, ownership and title of the 2007 Nissan Altima purchased during the marriage. Husband shall be fully and solely responsible for any and all financial or other obligations associated with the 2007 Nissan Altima, including but not limited to the secured to of approximately $20,000.00 and he agrees to indemnify and hold harmless Wife from any and all liability for same. Husband agrees to obtain and maintain the necessary automobile insurance for vehicle with no lapse in coverage. ii. 2005 Acura MDX - It is specifically agreed that Wife shall retain exclusiv? use, ownership and title of the 2005 Acura MDX purchased during the marriage. Wife shall be fully and solely responsible for any and all financial or other obligations associated with the 2005 Acura MDX. Wife agrees to obtain and maintain the necessary auto obile insurance for vehicle with no lapse in coverage. Husband agrees to execute the tit?e for the vehicle upon request and in exchange Wife expressly agrees to waive any and all rights to alimony, alimony pendente lite and spousal support as stated in Paragraph 10 of this Agreement. . iii. 1999 Lexus ES300 - The parties acknowledge that a 1999 Lexus EsS309 was purchased by Husband with the intent of their son using the vehicle. It is acknowledged -9- by the parties that the 1999 Lexus ES300 will be the property of the parties' son, Ryan A. Mathur, and that continues to be their intent. To that end, it is specifically agreed Ithat Husband shall assist Ryan as necessary to effectuate the intent of this paragraph and both parties shall cooperate fully by waiving any rights in that vehicle and both shall execute documentation to effectuate this paragraph upon request if necessary. I D. CASH PAYMENT: a. It is agreed that Husband shall pay Wife the sum of $10,000.00 as cash pa ent as per the Antenuptial Agreement that Husband and Wife executed on December 11, 1990. It is anticipated that Husband will pay Wife in installment paym nts. The sum of $5,000.00 shall be paid within thirty (30) days of the date of execution of the Marital Settlement Agreement and the second installment paymc t of $5,000 shall be paid after the property at 7 Old Coach Lane is sold an the complete resolution of the debt as outlined in Paragraph 7(A)(i). b. It is further agreed that Husband shall pay Wife an additional $5,000.00 to be used for closing costs for the purchase of housing for Wife or as tuition to further Wife's education. This provision expires four (4) years from the parties' date of separation date of October 13, 2008 without notice. On or before October 13, 2012 Wife must produce to Husband an enforceable Sales Agreement for the purchase of a primary residence for Wife or an effective tuition bill for Wife's education at an accredited higher education institute or this term shall expir and Wife shall no longer be entitled to the sum of $5,000.00 as stated herein. Wife agrees to accept the the terms of this provision as it relates to the pot ntial payment of $5,000.00 in exchange for Wife's express waiver of any and all' fights to alimony, alimony pendente lite and spousal support as stated in Paragraph 0 of this Agreement. I C. In all respects, the parties. Antenuptial Agreement shall remain in full force: ? d it shall wholly survive the entry of a divorce decree. E. RELATED TO EMPLOYMENT: The parties acknowledge that each party has c?rtain retirement accounts. Both parties acknowledge that they had full disclosure of the values of these assets and they are satisfied with the values utilized in the negotiation bf the -10- complete distribution scheme of this Agreement. Accordingly, the parties specificAlly agree that, except as otherwise provided herein, each party shall retain the pension, profit- sharing, retirement, or other plans related to employment in his or her name and the o?ther parry shall waive any and all rights he or she may have to same. The parties' retire ent F accounts shall be distributed as follows: 1. Wife's Retirement Accounts - Wife shall retain her 401(k) titled to Wife's name and Husband shall waive any and all rights he may have to same. 2. Husband's Retirement Accounts - Husband shall retain his 401(k) in Husband's name and Wife shall waive any and all rights she may have to 3. Generally - Except as provided above, the parties' respective plans, retirement accounts, IRA accounts, and any other retirement type plans or investment accounts, whether acquired through said party's employment or otherwise, shall become the sole and separate property of the party in whose name or through v hose employment said plan or account is held or carried and each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, ih?eresl or claim, whatever it may be, in any retirement plans of the other party, whether acq? ired through said party's employment or otherwise. The parties also agree to cooperate fully in effectuating the terms of this by signing any and all documents that may be required. If either party withdraw any sums from the retirement plans distributed to him or her pursuant to the terms o? this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. -11- F. DISTRIBUTION OF UAM Abbh l J, a 1 VI-" APIU Dunliva tumu INVESTMENT ACCOUNTS: The parties agree that they have distributed to each., to their mutual satisfaction, the sums deposited in the marital bank accounts and ther similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds he d in their respective individual names. If either party remains upon an account to be retained by the other party, the parties agree that they shall take all steps that are necessary to title the account to a sole name within thirty (30) days of the date of this Agreement. G. LIFE INSURANCE: The parties agree that each shall retain any and all life insurance policies in his or her name without claim by the other party and those sets shall be that party's sole and separate property. There shall be no restrictions on either party regarding designations of beneficiaries nor shall there be any other limitations regarding the financing, continuation, or termination of any life insurance policies heed by either of the parties. H. MISCELLANEOUS PROPERTY: As of the execution date of this Agree ent, any and all property not specifically addressed herein shall be owned by the psy to whom the property is titled; and if untitled, the party in possession after the expirati n of six (6) months from the date of execution of this Agreement. 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. 1. PROPERTY TO WIFE: The parties agree that Wife shall own, posses, and I enjoy, free from any claim of husband, the property awarded to her by the terms Of this Agreement shall become Wife's property after she has Husband released from any and all -12- liability for same. 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 tra?sfer I of any and all rights in such property from Husband to Wife. I PROPERTY TO HUSBAND: The parties agree that Husband shall ?wn, possess, and enjoy, free from any claim of Wife, the property awarded to him b? the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all i 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. i 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife o? her estate might be responsible, and he shall indemnify and save Wife harmless from any ar jd all claims or demands made against her by reason of such debt or obligation incurred by him Since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate ?ight be responsible, and she shall indemnify and save Husband harmless from any and all clair s or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties also agree to the followi g: a. Marital Debt. During the course of the marriage, Husband and Wife !have -13- incurred certain bills and obligations that are marital debt. It is their spejcific desire to address a distribution of those debts herein. The parties agree that each party shall retain as his or her sole and separate obligation the marital debt as described in this section. b. General Provision: Any debt herein described shall be deemed to includ the current balance owed on the debt as of the date of execution of this Agreemen . C. Husband's debts: Husband shall be solely responsible for the following bills and debts: 1. Automobile Loan and Expenses: The secured loan for the 007 Nissan Altima and any and all other expenses related to the use and maintenance of the vehicle. Husband's obligations with respect to this vehicle are more particularly described in Paragraph 7(C)(i . 2. Payment to Kailash Mathur, Sr.: Husband will be fully respom ible for the sums unpaid on the loan that was given to him by his f ther with an approximate current balance due of $51,230.40, aftthe application of the proceeds of the sale of the marital resid nce pursuant to Paragrph 7(A)(i)(c), and he agrees to indemnify and hold harmless Wife from any and all liability for same 3. Credit Card Debt: The marital components of the parties' joint Washington Mutual card (totaling approximately $13,755.60) hall be paid by Husband and he agrees to indemnify and hold h less Wife from any and all liability for same. j 4. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole n e, and not otherwise provided for herein related to those assets be retained by. Husband including the vehicle to be retained by Ryan, the parties' son. d. Wife's Debts: Wife shall be solely responsible for the following bills and debts: Automobile Expenses: Any and all other expenses related t the use and maintenance of the 2005 Acura MDX. Wife's obliga ions with respect to this vehicle are more particularly describe in Paragraph 7(C)(ii). 2. Credit Card Debt: The marital con Chase card and Washington Mutual 14 )onents of the parties'' ?oint card (totaling approximately $10,311.88) shall be paid by Wife and she agrees to indemnify and hold harmless Husband from any and all liability for same. 3. Other Debts: Any and all other debts, liabilities, obligations, to credit card accounts, and the like incurred in Wife's sole name, not otherwise provided for herein. e. Indemnification: Each party agrees to hold the other harmless from any anall liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge hall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that paqy is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shol be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. INCOME TAX. The parties have heretofore filed joint federal and stag tax returns. Both parties agree that, in the event any deficiency in federal, state or local income t :are proposed or any assessment of any such tax is made against either of them, they shall are equally the responsibility for all taxes, penalties, interest and other resulting charges unless a party has committed fraud or intentional misrepresentation. In the event of fraud or intentional misrepresentation, Such tax, interest, penalty or expense shall be paid solely and entirely b? the individual who is finally determined to be the cause of the misrepresentations or failur?s to disclose the nature and extent of his or her separate income on the aforesaid joint returns. It is 15 also specifically agreed that each party agrees to execute immediately upon request any and all documentation necessary to effectuate the terms of this paragraph. 10. Husband and Wife hereby expressly waive, discharge and release any and all rights and which he or she may have now or hereafter by reason of the parties' marriage to alimony pendente lite, spousal support and/or maintenance or other like benefits resulting the parties' status as husband and wife. The parties further release and waive any rights they have to seek modification of the terms of this paragraph in a court of law or equity, it b0i understood that the foregoing constitutes a final determination for all time of either pa4y's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any support from the party. In the event that either of the parties shall seek a modification of the terms of I this paragraph, that parry shall indemnify and hold the other party harmless from and against any Mloss resulting therefrom, including counsel fees and costs. 11. INSURANCE AND EDUCATIONAL EXPENSES. It is expressly agreed that Husband pay Wife child support for the support of the parties' minor child as long as she share joint and physical custody under the following terms and conditions: a. Amount: The child support shall be the lesser of $1000.00 per month or W?ife's share of rent or mortgage. b. Payment Terms and commencement Date: The child support shall be payable on 16 or before the tenth (I Wh) day of the month and it shall be paid directly by Husband to Wife without an Order of court established by the Domestic Relations Section and it shall upon those terms. C. Termination and Adjustment: The child support payments shall continue until the Child reaches age eighteen (18) years of age or graduates from high school, which ever is l4ter. d. Payment Method: Husband shall pay the child support as previously directed, by direct payments to Wife by the tenth (10th) day of each month. e. Tax Dependency Exemptions: It is specifically agreed by the parties that shall be entitled to claim the parties' minor child as a dependent on Husband's incom? tax returns for 2008 and all subsequent years and Wife agrees to sign any documentation to facilitate the use of the tax dependency exemptions by Husband. If at any time Wife the court for an increase in child support, Husband shall continue to be entitled to claiftc the minor child as a dependent on his tax returns with Wife taking any and all steps necessa?y to facilitate the use of the tax dependency exemptions by Husband. f. Medical Insurance: Husband shall also provide health insurance coverage for the parties' minor child as long as she remains eligible therefor and the coverage is available to him through his employment or from an independent source at a reasonable cost. Any in the cost of medical insurance for Sierra that exceeds 25% of the premium as of the dafe of execution of this Agreement ($75.26) shall be shared equally by the parties and shall be immediately upon request. Any party having the insurance on the minor child shall be required to provide the ether party with all documentation pertaining to the insurance including, but no limited to, medical 17 insurance cards, benefit booklets, claim submission forms, and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. g. Medical Expenses: As long as the parties have shared physical custody off' the minor child, the parties agree to share equally any uncovered, unreimbursed medical incurred. If at any point one party assumes primary physical custody, then the party custody of a child shall be responsible for the first $250.00 in uncovered, unreimbursed expenses incurred in each calendar year, and any medical expenses in excess of that $25p.00 amount per year shall be paid 50% by Wife and 50% by Husband. Each party shall pay his of her share as the medical expenses are incurred and in no event any later than thirty (30) following a request for contribution. The amount to be paid by each party shall be after insurance payment is made. Any party having the insurance coverage on the minor shall be required to provide the other party with all documentation pertaining to the and it is specifically agreed that this provision shall include all normal medical expenses as as chiropractic, psychological and psychiatric expenses for the minor child. h. Educational Expenses. The parties each acknowledge that it is their inte*t to contribute to the expenses associated with the college or other post-high school education for the minor child, to the extent that they are financially able at the time. Such expenses would i without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summer and other school breaks, clothing, and miscellaneous spending money, however, the provisions here in acknowledging the parties shall not in any manner confer third party beneficiary rights unto the minor child for the of said expenses. If applicable, both parents shall be involved in and have input into the 18 of academic institution selected by the child. Further, the child will be required to apply for and use all possible grants, scholarships, and work study programs and any of their own income or assets before the parties are responsible to contribute to his or her college expenses. 12. WAIVER OF INHERITANCE RIGHTS. Unless otherwise provided in this Agreement, as of the execution date of this Agreement, Husband and Wife waives all rights of inheritance in the estate of the other, any right to elect to take against 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 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. 13. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise set forth in this Agreement, each party hereto specifically waives any and all beneficiary and any and all rights as a surviving spouse in and to any asset, benefit or like program carry?ng a beneficiary designation which belongs to the other party under the terms of this including, but not limited to, pensions and retirement plans of any sort or nature, compensation plans, life insurance policies, annuities, stock accounts, bank accounts, fino pay checks or any other post-death distribution schemes, and each party expressly states that it i his and her intention to revoke by the terms of this Agreement any beneficiary designations naining the other which are in effect as of the date of execution of this Agreement. If and in the ever t the other party continues to be named as beneficiary and no alternate beneficiary is designated, the beneficiary shall be deemed to be the estate of the deceased party. 19 i 14. WAIVER OF CLAIMS. 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 of action, claims, rights or demands whatsoever in law or in equity, which either ever had or now has against the other. 15. 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 o? tax audits. 16. BANKRUPTCY. The parties further warrant that they have not instituted any proceedings pursuant to the bankruptcy laws; there are no such pending with respect to them which have been initiated by others; and they agree not to Ole a bankruptcy action prior to the completion of their respective obligations of this Agreement, I It is stipulated and agreed by the parties that any payment made by one party to or for the benefit of the other party, including the direct payment of marital debt addressed in this Agreement, shall be deemed to be in the nature of support and maintenance and shall not be dischargeable in bankruptcy. The parties acknowledge that the payments and other terms of this Agreement are necessary for the parties to meet their financial obligations and to support and maintain standard of living. Also, if either party files for bankruptcy, this Agreement shall conclusive evidence of the parties' intent that the obligations in the nature of maintenance) and support are not dischargeable under current bankruptcy law or under any amendment thereto and the parties agree to consent to any motion filed requesting that the bankruptcy courts abstain From 20 deciding the dischargeability of the obligations in order to allow the appropriate Coutt of Common Pleas to rule upon this issue. 17. COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible for their own attorney's fees and costs incurred with respect to the negotiation and drafting of this Marital Settlement Agreement and the divorce proceedings related thereto. 18. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 19. SEVERABILITY. If any provision of this Agreement is held by a cowl of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof nevertheless survive and continue in full force and effect without being impaired or in any way. 20. BREACH. If either parry breaches any provision of this Agreement, the party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would ha*e an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms o this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach d in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms o this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. Section 3502(e), and any add'i 'onal rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. 21 d. Other Remedies: Any other remedies provided for in law or in equity e. Considerations for Reasonable Attorneys Fees: Any award of "reaso ble attorneys fees" as used in this paragraph shall be based on consideration of (1 the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibili of settlement for less than the obligation sought to be enforce by the non-breac ' g parry. i 21. 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 provisidn of this Agreement. 22. APPLICABLE LAW. All acts contemplated by this Agreement shah be construed and enforced under the substantive laws of the Commonwealth of (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the da?e of execution of this Agreement. 23. 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 40 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. 24. EFFECTIVE DATE. This Agreement shall become effective and binding both parties on the execution date. 25. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. Agreement shall remain in full force and effect and shall not be abrogated even if the effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. This I Agreement also shall continue in full force and effect in the event of the parties' divorce. 'There 22 I . 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 26. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the 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 mead construction or effect. 27. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement bind the parties hereto and their respective heirs, executors, administrators, legal assigns, and successors in any interest of the parties. 28. ENTIRE AGREEMENT. Each party acknowledges that he or she has read this Agreement; that he or she has sought sufficient legal advice from legal counsel of leis or her own choice, if any, and has executed it voluntarily and in reliance upon his or her jown i attorney, if any; and that this instrument expresses the entire agreement between the p? ies 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 i against either of the parties. 29. MUTUAL COOPERATION. Each party shall, on demand, execute and d,4li to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thin 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 23 the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 30. AGREEMENT NOT TO BE MERGED. This Agreement may be into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged pnto 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. 31. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH P ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISION OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. I IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have hereunto set their hands and seals the day and year first above written. 7NESS t,7i l? ./ '.C7/1 WITNESS KAILASH N. MATHUR, JR. NANCY D. THUR 24 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this ?- day of , 2009, before me, the undersigned officer, personally appeared KAILASH N. MATHUR, JR., known to me (or satisfactorily proven)' o be the person whose name is subscribed to the within Agreement, and acknowledged tha? she executed the same for the purposes therein contained. 110 PAM SAL NO WA MOD t1A OM WJR C AW COMO of COM1046 801M ftb is. $*1: tary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF (?j • On this A_ day of , 2009, before me, the undersigned officer, personally appeared NANCY D. MATHUR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he the same for the purposes therein contained. - Na1MMl aNl AS" SIM N*jy RJW -.mpdenT%p., Cum s*W County c;,xllfnfeei0n EM W Oct 12,20'i M,, ?, , ;3ennsylvanla Assxiatbn of Wanes 25 FII I F ,r riw,r,rw JAHWOM f1?iiANlt A MOMM NOW wow* X17 ow in0of tta,at ? now "bona** rM 0 KAILASH N. MATHUR, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-6827 NANCY D. MATHUR, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for of a divorce decree: The ground for divorce is irretrievable breakdown under Section 3301 (c) Of the Divorce Code. 2. The Complaint was filed on November 18, 2008. 3. Date and manner of Service of the Complaint: November 21, 2001, by Acceptance of Service filed on December 1, 2008. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on S 25, 2009, and filed on September 25, 2009. The Defendant's Affidavit of Consent was on September 24, 2009, and filed on September 25, 2009. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on September 25, 2009, and said waiver was filed on September 25, 2009. Defendant executed a Waiver of Notice of Intention to Request En of a Divorce Decree under 3301 (c) of the Divorce Code on September 24, 2009, and said waiver was filed on September 25, 2009. 6. There are no related claims pending. The parties have resolved all related by written Marital Settlement Agreement dated September 25, 2009, which will be incorp into the Divorce Decree as per Paragraph 30 on page 24 of the Agreement. Respectfully submitted, Date: c Lh 5 0 LAW FIRM OF LINDA A. CLOTFEL Lida A. Clotfelter, Esquire orney I.D. No. 72963 1- 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile sEp 25 r IN THE COURT OF COMMON PLEAS OF KAILASH N. MATHUR, JR CUMBERLAND COUNTY, PENNSYLVANIA . V. NANCY D. MATHUR : NO 08-6827 DIVORCE DECREE AND NOW, Se h? 2-1 , 2..00`1 , it is ordered and decreed that KAILASH N. MATHUR, JR. plaintiff, and NANCY D. MATHUR , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") AND IT IS FURTHER ORDERED that the terms of the parties' Marital Settlement Agreement dated September 25, 2009, shall be incorporated herein, but not merged, for the purposes of enforcement only, as per Paragraph 30 on page 24 of the Agreement. By the Court, -) ec-v a Atte J. Prothonotary Lr2 ?? !? < ? ? Z `?`y^Z c ??`:? ? .•. %?.: -.