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HomeMy WebLinkAbout09-3172 MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. Q - 3 1 7 1 te-I A- PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW Defendant : 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 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, 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 MARK A. MATEYA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09 . 3 7 c 1\41 A. PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Mark A. Mateya, pro se, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Mark A. Mateya, an adult individual who currently resides at 117 Race Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on Plaintiff Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Patricia Roland Mateya1512 Spruce Street, Apt 614, Philadelphia, Philadelphia County, Pennsylvania 19102. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. Y 5. The Plaintiff and Defendant were married on September 18, 1983, in Indiana, Indiana County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since January 1, 2008. 9. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 10. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 11 Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 12 Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. Respectfully submitted, i Dated S 2 6 4,- By:A A, Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Pro Se VERIFICATION I, Mark A. Mateya, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: 5 Mark A. Mateya cj? CF -M pt OTA R 2009 MA Y 19 Ali 6:42 cum, r J IItY Gi'- r&3 . /-0 ? . ? MARK A. MATEYA, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3172 CIVIL TERM PATRICIA ROLAND MATEYA, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Mark A. Mateya Date: May 20, 2009 Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on May 26, 2009, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Praecipe For Entry Of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Patricia Roland Mateya 1512 Spruce Street, Apt. 614 Philadelphia, Pennsylvania 19102 W-nnW$J Lindsa ir,r OF THE PROTHONOTARY 2009 JUN -4 PM 2= 2 7 UQUNTY PENN MANIA MARK A. MATEYA, Plaintiff VS. PATRICIA ROLAND MATEYA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3172 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE THE COMPLAINT Plaintiff respectfully requests that this Honorable Court reinstate the Complaint filed to the above term and number. Respectfully submitted, Michael A. Scherer, Esquire Attorney ID No. 61974 19 West South Street Carlisle PA 17013 Attorney for Plaintiff Date: 6,16-0 CERTIFICATE OF SERVICE I, Michael A Scherer, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Patricia Roland Mateya 117 Race Street Boiling Springs PA 17007 Michael *Cherer, quire 19 West South Street Carlisle PA 17013 Dated: 6-14,01 0 FILM, OF THE F IC'-? ?f ,rOTRY 2009 JUN 18 PH 12: 4 6 C?1td ?i `, Y .*10.0o P ID A TN C,* Qao P-T * aauo 881 MARK A. MATEYA, Plaintiff v. PATRICIA ROLAND MATEYA, Respondent IN THE COURT OF COMMON PLEAS OF CU7VIBERLAND COUNTY, PENNSYLVANIA CI~IL ACTION -LAW 09-$172 CIVIL TERM IN ~IVORCE PRAECIPE TO ENTF~R APPEARANCE To Curtis R. Long, Prothonotary: ', Please enter my appearance on behalf of file Defendant, Patricia .A. Mateya, in the above captioned case. Submitted, & McKNIGHT, P.C. Date: July 17, 2009 Douglas ~. Miller, Esquire - Supree Court I.D. No. 83776 West omfret Professional Building 60 W~st Pomfret Street Carlis e, Pennsylvania 1701.3-3222 (717) ~49-2353 CERTIFICATE iOF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on thje date set forth below: MICHAEL A. SCHECRER, ESQUIRE 19 WEST SOU H STREET CARLISLE, >?~A 17013 Date: July 17, 2009 IRWIN & McKNIGIIT, P.C. ', Dougla .Miller, Fsquire Supreme Court LD. No. 83776 ', West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 (( (' .r- 2~~~ ~~L ~ ~ ~~ ~~ ~-~ ,- , ~,;- - ;` . MARK A. MATEYA, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 09-3172 CIVIL TERM PATRICIA R. MATEYA, IN DIVORCE Defendant/Petitioner PACSES NO: 471111060 ORDER OF COURT AND NOW, this 6th day of August, 2009, upon consideration of the Petition far Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before Amy L. Ickes on August 19, 2009 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17(113, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Coiut may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Michael A. Scherer, Esq. Douglas A. Miller, Esq. Date of Order: August 6.2009 . r ~1.~ . J. dday, APL Coordinator ` YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 < ~ ,r ~;;`` C ~. i r F ~5~; ~^ I.> MARK A. MATEYA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 09-3172 CIVIL TERM PATRICIA R. MATEYA, IN DIVORCE Defendant/Petitioner PACSES Case No: 471111060 ORDER OF COURT AND NOW, this 4th day of September 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ n/a and the Respondent's monthly net income/earning capacity is $ n/a, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Fifty and 00/100 Dollars ($ 550.00) per month payable monthly as follows: $ 550.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is August 6, 2009. Arrears set at $ 1,020.14 as of September 4, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Patricia R. Mateya. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Other conditions: This Order is based upon an agreement of the parties. Consented: Petitioner Respondent Mailed copies on: September 4.2009 to: Petitioner Respondent Douglas G. Miller, Esq. Michael A. Scherer, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, Edgar B. Bayley, J. DRO: R.J. Shadday ~1E.~D-Jr~I~E OF THE PRC) ~ ~-~~'+~JTAE?Y ~Q09 SEP -~+ PM 2~ 3D P~r~' _ 1fAFNiA MARK A. MATEYA, Plaintiff vs. PATRICIA ROLAND MATEYA, Defendant P MODIFY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3172 PACSES CASE NO. 471111060 C _a ~; o ~' ~-- ?~ ~ ~ :CIVIL ACTION -LAW „- -i~ ~ ~~ IN DIVORCE v `m-~ ~ ~~, ~ ORD R OF COURT FOR APLj~;:~~~ ~ ;PT ER 4, 2009 ~ 2 ~ w c~ AND NOW comes Plaintiff; Mark A. Mateya, by and through his counsel, Michael A. Scherer, and in support avers the following: 1. Plaintiff is Mark A. Mateya, an adult individual who presently resides at207 "C" Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. All legal papers may be served upon Plaintiff by and through his counsel, Michael A. Scherer with a mailing address of O'Brien, Baric & Scherer, 19 West South Street, Carlisle, PA 17013. 3. Defendant is Patricia Roland Mateya, an adult individual who presently resides at 117 Race Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. Plaintiff filed a Complaint for Divorce to the above term and number on or about May 19, 2009. 5. Defendant filed a Petition for Alimony Pendente Lite to the above term and number on or about August 5, 2009. 6. A hearing was held before Cumberland County Domestic Relations Conference Officer Amy L. Ickes, on or about August 19, 2009. 7. An Order of Court dated September 4, 2009, was entered by the I-Ionorable Judge Bayley, awarding Defendant Alimony Pendente Lite (hereinafter referred to as "APL"), in an amount of $550.00 per month. A copy of the September 4, 2009, Order of Court is attached hereto as Exhibit "A" and is incorporated herein by reference. 8. Since the entry of the September 4, 2009, Order of Court, there has been a change in circumstances in the parties' income and expenses. WHEREFORE, Plaintiff respectfully requests that this Honorable Court schedule a hearing on the issue of Modification of the present award of APL at the earliest convenience of the Court. Respectfully submitted, Michael A. cherer, Esquire Attorney ID No. 61974 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff Date: ~ ~" Z ~ S d MARK A. MATEYA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 09-3172 CIVIL TERM PATRICIA R. MATEYA, IN DIVORCE Defendant/Petitioner PACSES Case No: 471 l l 1060 ORDER OF COURT AND NOW, this 4th day of September 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ n/a and the Respondent's monthly net income/eamit~g capacity is $ n/a, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred Fifty and 00/100 Dollazs ($ 550.00) per month payable monthly as follows: $ 550.00 per month for Alimony Pendente Lite and $ 0.00 per month on arreazs. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is August 6, 2049. Arrears set at $ 1,020. l 4 as of September 4, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited~to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be tamed over by the PA SCDU to: Patricia R. Mateya. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-91 l0 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. EXHlBlT cc360 Q Other conditions: This Order is based upon an agreement of the parties. Consented: Petitioner Respondent Mailed copies on: Se tember 4 2009 to: Petitioner Respondent Douglas G. Miller, Esq. Michael A. Scherer, F.sq. Petitioner's Attorney Respondent's Attorney BY THE COURT, Edgar B. Bayley, J. DRO: R.J. Shadday FlLED-OrFi~E OF THE PRC) ~ !-~~' ~'~IOTARY 2EU9 SEP -4 PM 2= 30 CUMB~i, ~~i•<~~ COUNTY PE,'W'~SYLVa'Vb4 CERTIFICATE OF SERVICE I, Michael A Scherer, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Douglas Miller Esquire Irwin & McKnight 60 West Pomfret Street Carlisle PA 17013 Michae A Sc erer, Esquire 19 West South Street Carlisle PA 17013 Dated: / ~ ~' ~~ ~~ MARK A. MATEYA, Plaintiff V S. PATRICIA ROLAND MATEYA, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE ~ J~ NO. 09-3172 CIVIL TERM --' `-~- IN DIVORCE ~_ . . PACSES CASE NO: 471111060 ;~ t_~ .~~ rv _O CI ~~ -~ ~. ~'~.~ tV `a'1 ORDER OF COURT r~~ ~m r~, Q t^~ _ `' j rrt --G AND NOW, this 8th day of March, 2010, a petition has been filed against you, Patricia Roland Mateya, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on March 31, 2010 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (l) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.] 1. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner BY THE COURT, Respondent Douglas Miller, Esq. Michael A. Scherer, Esq. Date of Order: _ a ~ (~ J. sl er, Jr., dge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 170]3 (717)249-3166 cc361 ~ f~l.~~}~ ~ ~;=~,:~ .... 1010 Fri ~ 17 P~fi 3: i MARK A. MATEY, ,_,__ IN THE COURT OF COMMON PLEAS OF Plaintil 1 '~~ ~ 1~t~~~Jr': CUMBERLAND COUNTY, PENNSYLVANIA ~~?P~'~'~t~;,a~,a v. CIVIL ACTION -LAW 09-3172 CIVIL TERM PATRICIA ROLAND MATEYA, . DefendantlPetitioner 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 in 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 lase 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, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~~~ ~~~ ~~ 6~ ~ y17~ ~/-lr ~~-~ Usaa ~~# ,rya asp MARK A. MATEYA, Plaintiff/Respondent v. PATRICIA ROLAND MATEYA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 09-3172 CIVIL TERM IN DIVORCE ANSWER WITH COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, this ay of May, 2010, comes the Defendant, PATRICIA ROLAND MATEYA, by and through her attorneys, IRWIN & MCKNIGHT, P.C., and makes the following Answer, and Counterclaim pursuant to Rule 1920.15, to the Divorce Complaint filed by the Plaintiff: 1. The averments contained in paragraph one (1) of the Plaintiff's Divorce Complaint are denied as stated. It is admitted that the Plaintiff is an adult resident of Cumberland County, but the remaining averments in paragraph one (1) are specifically denied and strict proof is demanded at trial. 2. The averments contained in paragraph two (2) are conclusions of law to which no response is required. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are admitted. 5. The averments of fact contained in paragraph five (5) are denied as stated. It is admitted that the parties were married on September 18, 1982, and any other date of marriage is specifically denied and strict proof is demanded at trial. 6. The averments of fact contained in paragraph six (6) are admitted. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof is demanded at trial. 8. The averments contained in paragraph eight (8) are specifically denied and strict proof is demanded at trial. By way of further of answer, Defendant was unaware that the Plaintiff wanted a divorce and that he believed the marriage was irretrievably broken until a meeting between the parties in May 2009, immediately prior to the filing and service of the Divorce Complaint upon Defendant. 9. The averments of fact contained in paragraph nine (9) are admitted. 10. The averments contained in paragraph ten (10) are conclusions of law to which no response is required. COUNT II - E UITABLE DISTRIBUTION 11. The averments of fact contained in paragraph eleven (11) are admitted. 12. The averments of fact contained in paragraph twelve (12) are admitted. WHEREFORE, the Defendant respectfully requests that this Court not enter a Decree in Divorce until after there has been a two (2) year separation of the parties and a resolution of the economic issues. 2 COUNTERCLAIM -ALIMONY. ALIMONY PENDENTE LITE AND COUNSEL FEES 13. The averments of fact contained in the Answers to the Plaintiffl s Divorce Complaint are hereby incorporated by reference and are made part of this Counterclaim. 14. Defendant is unable to provide for, or afford her counsel fees, expenses, and costs during the pendency of this divorce action, and through its resolution. 15. Defendant is without sufficient property and otherwise unable to financially support herself through appropriate, full-time employment. 16. Plaintiff is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Defendant. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an ordering requiring Plaintiff to pay for Defendant's counsel fees, expenses and costs as well as providing for payment of appropriate alimony and alimony pendente lite to Defendant. Respectfully submitted, IRWIN & McKNIGHT, P.C. Date: May 17, 2010 By: ' Douglas .Miller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for the Defendant, Patricia Roland Mateya 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. PA RICIA A. MATEYA Date: 5/17/10 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: May 17, 2010 IRWIN & McKNIGHT, P.C. 4~ a,~ ~, Douglas G. Miller, Esquire Supreme Court I.D. 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MATEYA, Plaintiff/Respondent VS. PATRICIA R MATEYA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-3172 CIVIL TERM IN DIVORCE PACSES CASE: 471111060 ORDER OF COURT ~ ~ ..J t : , ~ --' ~ " rT~-- l t.f: _ ~; ~' ` ~~ may- _3 -- G .. ~' "-'i .~ AND NOW to wit, this 11th day of June, 2010, it is hereby Ordered that the Respondent's petition for modification of the Alimony Pendente Lite is denied pursuant to the Pennsylvania State guideline calculations. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Michael A. Scherer, Esq.. Douglas G. Miller, Esq.. Fornr 0E-001 Service Type: M Worker: 21005 BY THE COURT: JUN 2 2 2010 ~ MARK A. MATEYA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009- 3172 CIVIL TERM ~ o PATRICIA ROLAND MATEYA, CIVIL ACTION-LAW -~, ~ ~ Defendant IN DIVORCE _~; 2_ ~ N MOTION FOR APPOINTMENT OF MASTER ~~ ~ ;--+~ Plaintiff, Mark A. Mateya moves the court to appoint a master with p ~' ct ~ th~~+ following claims: ~ •• ~~` as () Divorce (x) Distribu#ion of Property Annulment () Support (x) Alimony (x) Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master'is requested . (2) The Defendant, Patricia Roland Mateya has appeared in the action by her attorney, Douglas Miller, Esquire. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce and equitable distribution, alimony, counsel fees and expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: ~ ` 3 ~ ~ ~ - Mi ae A. erer, Esquire ORDER APPOINTING MASTER AND NOW, this o~r~ day of , 2010, E. Robert Elicker, III, Esgluire is appointed master with respect to the f lowing claims: divorce, equitable distribution, alimony, counsel fees and expenses. r~- ~ 4 c~, W..} -'~ L ~ c. ~aZ.~' f t; =~~ M o ~ nv T~ ~r ~~~ ~n~r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. MATEYA, . Plaintiff Vs File No. 09-3172 IN DIVORCE PA A O Defendant n c °- ~~ iT!fT' ~, ~--- ~~ ~z~ '` C I ~~" : ,r ., U . ~ .;. NOTICE TO RESUME PRIOR SURNAME '~ -n ~ ~ ` m: ~ ~ ~ gy Notice is hereby given that the Plaintiff /defendant in the above matter, ~,, ~ ~ [select one by marking "x„] i g prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of ~Lt al ~t.i-~d. ,and gives this written notice avowing his /her intention pursuant to the provisio 0 54 P.S. 704. Date: Jug 2 Zo ~ p ',, Signature Signature of name being resum d COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~mberlaud ) On the ~,~ day of , 20! D ,before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Martha L. Noel, Notary Public CarlisM Toro, Cumberland County InErire a :16i:011 @F, @flRBy Vi~111i n E~ hand and official ~~ti M~~~~~-. ~~. a-yy 37 7 ~ ~oS~3 MARK A. MATEYA, Plaintiff vs. PATRICIA ROLAND MATEYA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3172 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this Motion, tt' day of ~r ,~ jr , 2010, upon consideration of the attached A RULE IS ISSUED upon Defendant, to show cause, if any there shall be, why the relief requested in Plaintiff s Motion to Have Defendant Bring Mortgage of Marital Home Current or, in the Alternative for Forced Sale of the Marital Home should not be granted. 1Wt 11 RULE RETURNABLE Z o days from the date of~this Order. BY: ~ m~~l ,~ • .~~., Esp. ~/~~,n J ~~ r_- ~' - -- _ _s~ ~'~ ~ ~; ~_ - ~ ~,~; ~ ~. _; ,- ~ _o ,y -~ - F(1R TTY' (''(lT TR T FILED-OFFICE , tom "' - ,,-?YY ?r ; a MARK A. MATEYA, Ih(, COURT OF COMMON PLEAS OF Plaintiff,OUrJ;? --,t ; ERLAND COUNTY, PENNSYLVANIA r'Ei'd1vSY'?V V. CIVIL ACTION - LAW 09-3172 CIVIL TERM PATRICIA ROLAND MATEYA Defendant. IN DIVORCE ANSWER TO PLAINTIFF'S MOTION TO HAVE DEFENDANT BRING MORTGAGE OF MARITAL HOME CURRENT AND NOW, this 30TH day of August, 2010, comes the Defendant, PATRICIA DELAHAIE ROLAND, by and through her attorneys, IRWIN & MCKNIGHT, P.C., and makes the following .Answer to the Plaintiff's Motion identified above: 1. The averments of fact contained in paragraph one (1) of the Plaintiff s Motion are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact. contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are admitted. By way of further answer, during the pendency of the divorce proceedings, and through at least May 17, 2010, Plaintiff also continued to use the Maritial Property as the office for his legal practice. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, it is admitted that Defendant does wish to remain living in the marital residence. However, by way of further answer, the Plaintiff agreed at the initial support conference that in lieu of child support and in addition to APL of S550.00 per month, Plaintiff would continue to pay the regular and necessary household and ballet expenses of the Defendant and their minor daughter. Any remaining averments to the contrary are specifically denied and strict proof is demanded at trial. A true and correct copy of the undersigned correspondence to Cumberland County Domestic Relations dated September 1, 2009, that outlined the agreement of the parties is attached hereto and incorporated herein as Exhibit "A." 6. The averments contained in paragraph six (6) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, it was Plaintiff that requested a modification of the prior agreement of the parties in order to decrease the APL payments. and it was Plaintiff that failed to bring his necessary tax filings and income information to the scheduled conference. Defendant did not agree to pay the mortgage on the marital home, but instead desired that the prior agreement of the parties remain in place whereby Plaintiff would continue to pay the mortgage expenses. Furthermore, on page 3 of Exhibit "C," the hearing officer noted that her calculation was made without a mortgage contribution, inferring that if Defendant were to begin making the mortgage payments she would be entitled to an increase in APL under the guidelines. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, it is admitted that the parties have held certain discussions regarding equitable distribution issues in the divorce action. However, the parties have not reached any agreement with regard to those equitable distribution issues. The only agreement of the parties with regard to the mortgage payments was that Plaintiff would make pay the regular and necessary household and ballet expenses of the Defendant and their minor daughter in addition to $550 per month in APL. 2 8. The averments contained in paragraph eight (8) are conclusions of law to which no response is required. By way of further of answer, Plaintiff not only continued to maintain his business office in the marital residence until at least May 17, 2010, Plaintiff also agreed to continue to make pay the regular and necessary household and ballet expenses of the Defendant and their minor daughter in addition to $550 per month in APL. That agreement and resulting APL Order have not been modified. Furthermore, at the time of the filing of the instant Motion, Plaintiff was in arrears of his APL payments by approximately $1,377.95. 9. The averments contained in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff desired to relocate his office out of the marital residence, and Plaintiff unilaterally decided to stop paying any of the household expenses related to the marital property in violation of his previous agreement. 10. The averments contained in paragraph ten (10) are conclusions of law to which no response is required. By way of further answer, Plaintiff also has a law practice and other assets known or unknown which have not yet been valued. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. 12. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twelve (12) so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, the parties also recently received a tax refund check of $2,251.94, which Defendant offered to pay toward the outstanding mortgage obligations. 3 13. The averments contained in paragraph thirteen (13) are conclusions of law to which no response is required. By way of further answer, it is in fact Plaintiff that has broken his original agreement to pay the monthly mortgage and household expenses, as well as ballet fees, in exchange for decreased APL payments and a withdrawal of Defendant's request for child support. 14. The averments of fact contained in paragraph fourteen (14) are admitted. 15. The averments of fact contained in paragraph fifteen (15) are admitted. WHEREFORE, the Defendant respectfully requests that this Court deny the Plaintiff's Motion in this matter, and instead direct that Plaintiff make sufficient payments on the mortgage and APL payments to bring both obligations current in accordance with the prior agreement and Orders of Court entered in this matter. Respectfully submitted, IRWIN & McKNIGHT, P.C. Date: August 30, 2010 By: A 4kv Douglas Miller, Esquire Supreme ?ourt I.D. No: 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for the Defendant, Patricia Delahaie Roland 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. P TRICIA A. MATEYA Date: August 30, 2010 LAW OFFICES IRWIN & McKNIGHT, P.C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 MARCUS A. MCKNIGHT, III DOUGLAS G. MILLER (717) 249-2353 STEPHENL. BLOOM FAX (717) 249-6354 MAnHEWA. McKNIGHT WWW.IRWINMCKNIGHT.COM September 1, 2009 RICKI SHADDAY DOMESTIC RELATIONS OFFICE 13 NORTH HANOVER STREET CARLISLE, PA 17013 RE: MATEYA v. MATEYA No. 2009 - 3172, In Divorce Dear Ms. Shadday: HAROLD S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & MCKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003-2008) f?(f cpy PACSES NO.: 930111044 The parties and their respective attorneys had a conference before Ms. Amy Ickes with regard to child support, spousal support, and APL claims filed by my client, Patricia R. Mateya. At the extensive conference, the parties reached an agreement whereby Mr. Mateya would continue to pay the customary and ordinary expenses, as well as ballet expenses for the parties' minor daughter. In exchange, my client agreed to withdraw the child support claim, and allow the payment of monthly APL in the amount of $550.00. I received confirmation of that agreement from Michael A. Scherer, Esquire by letter dated August 27, 2009. At the time of the conference, it was my understanding that as APL was the sole remaining claim, this file would automatically be transferred to you for the entry of a monthly APL Order in the amount of $550.00, commencing on the date of filing, August 6, 2009. After reviewing the Order from Ms. Ickes, it is now my understanding that a further written request is necessary. Accordingly, I am sending this correspondence, along with a copy of the letter from Attorney Scherer dated August 27, 2009, wherein he confirms the monthly APL amount. Given the agreement of the parties reached after an extensive conference before Ms. Ickes, I do not believe that another meeting is warranted. I would instead request that you enter an Order in accordance with the agreement outlined above. As always, in the event you have any questions or concerns, please do not hesitate to contact me. Otherwise, please send copies to myself and Attorney Scherer, and thank you for your prompt attention to this matter. Very truly yours, DGM:tds I WIN & cKNIGHT, P.C. ougla G. Miller cc: Michael A. Scherer, Esquire Patricia R. Mateya CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: August 30, 2010 IRWIN & McKNIGHT, P.C. 1 Douglas Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 MARK A. MATEYA, Plaintiff/Respondent v. PATRICIA ROLAND MATEYA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI " Ar~ ~.' 7 rv -a-~ CIVIL ACTION -LAW r'n ~ ~ ~ -rt ~ `~ -~. rn ~~ r~ ~= r :~ 09-3172 CIVIL TERM . xs i -f, n ~ ~ ~ .W.~ !V __..! C3 } y> c-~ IN DIVORCE '~ ~ ~' ~: '~ ~'`' - =c:; v:~ ;~c_: rv _~r+t c.n c u ~., , PETITION FOR MODIFICATION OF `` ALIMONY PENDENTE LITE AND NOW, comes Petitioner, Patricia Delahaie Roland, by and through her attorneys, Irwin & McKnight, P.C., and petitions the Court as follows: 1. Petitioner is the above-named Defendant, Patricia Delahaie Roland, an adult individual currently residing at 117 Race Street, Boiling Springs, Pennsylvania 17007. 2. Respondent is the above-named Plaintiff, Mark A. Mateya, an adult individual currently residing at 207 "C" Street, Carlisle, Pennsylvania 17013. 3. Respondent initiated the current action in divorce by filing a complaint on or about May 19, 2009. 4. The Respondent is self-employed as an attorney and upon information and belief has a regular net monthly income of approximately $5,000.00, as well as dividends from his law practice of which he is the sole owner. 5. A prior support hearing was held on August 19, 2009. 6. The parties reached an agreement at the hearing that the Respondent would pay all usual and customary household expenses, the ballet expenses for Rachel and the sum of $550.00 per month as alimony pendente lite, and in exchange the Petitioner would withdraw her child and spousal support petitions. This agreement is outlined in a letter dated August 27, 2009, by Respondent's attorney, a copy of which letter is attached hereto and incorporated herein as Exhibit "A". 7. Through at least May 17, 2010, Respondent continued to use the marital residence as the office for his legal practice. 8. Since relocating his office from the marital residence, Respondent has ceased making the mortgage payments as previously agreed. 9. Respondent unilaterally decided to stop paying any of the household expenses related to the marital property in violation of his previous agreement, including not only the mortgage payments but also the utilities, car insurance, and related expenses. 10. The Petitioner is unable to support herself in the lifestyle to which she has been accustomed during the marriage of the parties. 11. The Petitioner is in need of an increase in the alimony pendente lite payments to support and maintain herself, pay for the expenses that Respondent has ceased paying, and defend the divorce action filed at the above docketed number in the Court of Common Pleas of Cumberland County. 12. Petitioner respectfully requests that the increase in the alimony pendente lite payments be made retroactive to the date that Respondent unilaterally ceased making the agreed mortgage, utility, and insurance payments. 13. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner and to pay alimony pendente lite. 2 14. Counsel for the Respondent, Michael A. Scherer, Esquire, is opposed to the request to increase the alimony pendente lite payments. 15. The Honorable Kevin A. Hess has previously been assigned to this matter. WHEREFORE, Petitioner, Patricia Delahaie Roland, respectfully requests that this Honorable Court order an increase in alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: ., Douglas G filler, squire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Petitioner, Date: November 2, 2010 Patricia Delahaie Roland 3 !l i EXHIBIT "A" ,~ 08I27I2009 11:31 7172495755 DBS rr-+~+~- ~-- Law Offices O'BRIEN, BARK & SCNERER 19 fyest South Street Carlisle, .Aennsylvania 77013 Robert J O'8rren (717) Z4.9-6J3%3 David A. Boric Fax: f717) 249-575:1 Michael A. Scherer Freail: xHSeherer(tt~obslaw.cam Tricia D. Naylor Of Counsel August 27, 2009 V1A FAC~SlMILE 0 LY TO: (717) 249-6354 Douglas Miller, Esquire Irwin & McKnight fi0 West Pomfret Street Carlisle, Pennsylvania 17013 Re: Patricia Mateyo -Mark Mateva Dear Doug: This letter is to confirm the arrangement we made at domestic relations on August 19, 2009 while attending the Mateyo support conference. Mark has agreed to pay all of the usual and customary household expenses, the ballet expenses for Rachel and additionally the sum of $550.00 per month in apl to Patricia in exchange for her withdraw of the child. and spousal support petitions. The purpose of this letter is to memorialize this understanding, although the understanding is a bit more vague than the parties would like. However, the understanding we reached was preferable to an arrangement whereby we sought to list all of the expenses Mark would pay relative to the house and ballet, since domestic relations advised us that they would not be able #o enforce such an Order, 1 will encourage Mark to be cooperative and supportive of Patricia in the event an unforseen expense arises. In exchange l would ask that you counsel Patricia not to create any unusual expenses that she would expect Marls to pay. The understanding we reached at domestic relations was conditioned upon our expectation that Patricia acknowledges that the divorce will become final and that she take appropriate steps now to plan for her life post^divorce, including seeking appropriate employment. Mark has been honorable in regards to his duties to Patricia and Rachel, and I expect he will continue to behave honorably. It is unfortunate that this relationship has effectively been over for many years. This is not a complicated case and we are hopeful to use the modest resources here to care for the parties rather than having those resources eaten up in costs and fees. 08!2712009 11:31 7172495755 Douglas Miller, Esquire 8/27/2009 letter page 2 UliS rHU~ .,~ Mark continues to ponder the best location for his law practice and I will keep you informed of his decision in that regard. Very truly yours, MAS/ar cc: Mark Mateya, Esq. via fax File mas.dirldomesticlmateyalmilier3.ltr O'BRIEN, BARK & SCHERER .~ /~~~~(,~ Michael A. Scherer CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE BARIC &SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: November 2, 2010 IRWIN & McKNIGHT, P.C. Douglas G filler, Esquire Supreme C urt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 MARK A. MATEYA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-3172 CIVIL TERM PATRICIA DELAHIE-ROLAND, : IN DIVORCE r , Defendant/Petitioner PACSES CASE: 471111060 Mm Mme? -a m ORDER OF COURT -<> JIM AND NOW, this 4th day of January 2011, a petition has been filed against you, Mark A. Maw gam,-,to i ?- -? an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relat ecVkp, fc 13 North Hanover Street, Carlisle, Pennsylvania, on February 2, 2011 at 9:00 A.M. for a conferenc~! Sl to `-" remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court m X be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Douglas G. Miller, Esq. Michael A Scherer, Esq. Date of Order: Januaa 4, 2011 BY THE COURT, YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 T MARK A. MATEYA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-3172 CIVIL TERM PATRICIA DELAHIE ROLAND, : IN DIVORCE 3 Defendant/Petitioner PACSES CASE: 471111060 MCD -n =? w r ORDER OF COURT io AND NOW, this 2nd day of February 2011, based upon the Court's determinatiow#iarThe Petitioner's monthly net income/earning capacity is $ 2,381.95 and the Respondent's monthly net income/earning capacity is $ 3,775.99, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred Fifteen and 00/100 Dollars ($ 715.00) per month payable semi-monthly as follows: $ 650.00 per month for Alimony Pendente Lite and $ 65.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is November 2, 2010. Arrears set at $ 1,492.00 as of February 2, 2011. c~n ? -r; CD-n ?C*) rr v Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Patricia Delahie Roland. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 jr The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the spouse that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other parry no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by Respondent and 100 % by Petitioner. [] Respondent [] Petitioner [X] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order is based upon an agreement of the parties. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: cZ7`&A/ Petitioner Respondent Douglas G. Miller, Esq. Michael A. Scherer, Esq. DRO: R.J. Shadday BY THE COURT <-N C') r,..) MON P S !a C? -n MARK A. MATEYA, : IN THE COURT OF COM - -r Plaintiff : CUMBERLAND COUNTY, PEN %Vk4N IA-n :.- r- -v, VS. :NO. 09-3172 co o PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW =o Defendant : IN DIVORCE x PLAINTIFF'S MOTION FOR FORCED SALE OF THE MARITAL HOME AND EQUITABLE DISTRIBUTION OF THE PROCEEDS THEREFROM AND NOW, comes the above-named Plaintiff, Mark A. Mateya, by his attorney, Michael Scherer, Esquire, and seeks to obtain a forced sale of the marital home, and avers the following: An action in Divorce was filed in this Court on May 19, 2009. A copy of said Complaint is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Plaintiff and Defendant jointly own a property located at 117 Race Street, Boiling Springs, Cumberland County, Pennsylvania (hereinafter "Marital Property") 3. The Marital Property is encumbered, as against both Plaintiff and Defendant, by a Mortgage and a Home Equity Line of Credit. 4. Defendant resides in the marital home. 5. The mortgage is currently six (6) months in arrears. 6. Defendant has made clear to Plaintiff that she does not wish to retain the marital property as her own. 7. Plaintiff has made clear to Defendant that he does not wish to retain the marital property as his own. Plaintiff was advised by his counsel that Defendant wished to list the marital property for sale. 9. The marital home has not been listed for sale with any realtor. 10. Both Plaintiff and Defendant have been contacted by private parties who are interested in purchasing the marital home. 11. Plaintiff showed the marital property to both prospective buyers on Tuesday, June 21, 2011, at which time both potential buyers made an offer to purchase the marital home. 12. The first potential buyer to offer a bid on the marital property contacted the Defendant and made an offer of $120,000.00 to purchase the marital property in an "as is" condition. 13. The second potential buyer contacted the Plaintiff and made an offer of $131,000.00 to purchase the marital property in an "as is" condition and to pay all of the closing costs of the sellers associated therewith. 14. The second potential buyer has been pre-approved for financing and is ready, willing and able to purchase the marital property. 14. Defendant refuses to sell the marital home at this price 15. Plaintiff and Defendant have spoken to a Realtor who believes the sale price of $131,000.00 to be fair. 16. Defendant now wishes to take steps which would further delay the sale of the house by having the house painted and advertise the sale of the house in the "Mid-Atlantic Fly Fishing" magazine with a firm sale price of $155,000.00. See Exhibit "B" 17. Plaintiff has advised Defendant via e-mail that he does not agree to the costs of painting the marital home nor placing an advertisement in any publications listing the marital 2 home for sale in light of the pending offer. 18. Plaintiff believes that Defendant is stalling. 19. Plaintiff wishes to move the divorce forward, including the disposal of the marital home as described above. 20. Concurrence in this matter was sought from Defendant's counsel of records, Doug Miller, Esq. Attorney Miller has not responded and it is inferred therefrom that he does not concur. 21. No judge has ruled upon other issues in this matter. WHEREFORE, Plaintiff requests This Honorable Court enter an Order appointing the plaintiff as the constructive trustee of defendant's ownership of the marital property in order to facilitate the immediate sale of the marital property to the second prospective buyer under the terms recited herein, with the proceeds to be held in escrow until the final equitable distribution of the marital estate. Respectfully submitted, Michael A Scherer, Esq. Attorney ID No. 61974 19 West South Street Carlisle PA 17013 (717) 249-6873 (717) 249-5755 Fax Attorney for Plaintiff Dated: -7) n 3 VERIFICATION I, MARK A. MATEYA, verify that the facts set forth in the foregoing Motion for the Forced Sale of the Marital Home are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: MARK A. MAT A 4 MARK A. MATEYA; : IN THE COURT i COMM04AP 0 C')) ! Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. l' 317 c,v. r;, PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW n Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS r YOU HAVE BEEN SUED IN COURT. If you wish to defend against tl clads s ? 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 1S 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 C.,? NECROM RECORD In Testimony whereof, I here unto set my hanc CUMBERLAND COUNTY LAWYER REFER Lt?r ,€fiII#Lid court at Carlisle, Pa. 32 South Bedford Street Th l1Q `..... day of...M. ........, a 9. Carlisle PA 17013 n .., .:t.!! ...»....... (717) 249-3166 ....K ...11. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuesPtashonota en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBERLAND COUNTY LAWYER ERRAL SERVICE 32 EXHIBIT A MARK A. MATEYA, Plaintiff VS. PATRICIA ROLAND MATEYA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. p 9 - 31 ? : CIVIL ACTION - LAW : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 330I(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Mark A. Mateya, pro se, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Mark A. Mateya, an adult individual who currently resides at 117 Race Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on Plaintiff Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Patricia Roland Mateya1512 Spruce Street, Apt 614, Philadelphia, Philadelphia County, Pennsylvania 19102. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on September 18, 1983, in Indiana, Indiana County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. The parties have lived separate and apart since January 1, 2008. 9. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 10. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 11 Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 12 Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated (2 b L PIA ?U By: Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Pro Se VERIFICATION I, Mark A. Mateya, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. 1 DATED: UMark A. Mateya Ann Aumiller Tue Jun 28, 2011 E-mail From: Mark Mateya Date: Fri Jun 24,11 - 5:49 PM - E-mail To: 'Patricia Roland' CC: mark.mateya@gmail.com; mam@mateyalaw.com; 'Roland, Timothy J Aumiller Subject: RE: Two offers on 117 Race Street Contact: Mark Mateya Patricia, The March's are very interested. They promised to be back in touch with me as soon as possible, early next week. In the mean time, I do not agree with painting the house or listing it for sale with any publication. We could damage our chance in selling it. Any time you list a house for "X" and then you later list it for "X minus $5,000" you create the stigma of'something must be wrong with that house.' I don't want that to happen to us. You wouldn't want me to list it for $90,000 in the local paper (not that I would) because I got it in my mind that it was the right thing to do. We have to be able to agree; the house cannot be sold without both of us signing all of the docments. I think we're real close with the March's offer. They promised to get back to me early next week. My attorney Mike will be back on Monday as will Doug, your attorney. We can wait until then. I am sure it will all work out well in the end. I have cc'd several people for our safety. Yours and mine. I don't want anyone thinking that I am being high-handed or overbearing. Or that you were taking things out of context ...I am trying to help us arrive at the best solution for all of us. Thank you, Mark A. Mateya, Esq. Mateya Law Firm www.mateyalaw.com Check out our blog, "Taking Care Of Your Parents: My Own Story" hftp://mateyalfmom.blogspot.com/ IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that the federal tax advice (if any) contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transactions or matter addressed herein. (HAR)', 'Roland, Rachel H.'; 'Ann THE INFORMATION CONTAINED IN THIS COMMUNICATION IS A TRANSMISSION FROM THE MATEYA LAW FIRM AND IS INFORMATION PROTECTED BY THE ATTORNEY/ CLIENT AND/OR ATTORNEY/WORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE, AND THE PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS HAVING BEEN SENT BY ELECTRONIC MAIL. EXHIBIT Page: 1 Ann Aumiller Tue Jun 28, 2011 -----Original Message----- From: Patricia Roland [mailto:pdroland@hacc.edu] Sent: Friday, June 24, 20118:55 AM To: mam@mateyalaw.com Subject: Re: Two offers on 117 Race Street Dear Mark, My brother Timothy came by yesterday and power-washed the house, including the roof. My brothers Matthew and Timothy have also offered to paint the house in order that it be advertised in the Mid-Atlantic Fly Fishing magazine, which will go to press in the next ten days. Asking price would be 155K firm. In lieu of that, I am willing to counter-offer to the March family at 135K, plus closing costs. If they are interested in this counter-offer, they would need to let me know as soon as possible, so that I may pull the advertisement. If they should choose to accept the counter-offer, the house could be vacated for September Thank you, Patricia Patricia Delahaie Roland English Instructor, Arts 213 Harrisburg Area Community College >>> "Mark Mateya" <mam@mateyalaw.com> 06/23/119:58 AM >>> Patricia, We have two offers to purchase the house. The first is from Bruce Dunlavy in the amount of $120,000.00. Bruce and his partner (I believe her name was Susan) really liked the house, the connection with the AT, and the possibility of putting a rental unit where the garage now stands. Bruce feels confident that he can get the financing arranged upon his return from Alaska. I believe him. They are willing to close some time later this year (fall?) in order to give us time to empty the house of our goods. The second offer is from Matt & Mary March, a young couple with a 14 month old, Miriam. They have offered $131,000 plus paying all of our closing costs. The March's are already pre-approved for the mortgage. They were buying a house in Boiling Springs earlier this year when an environmental problem was discovered with the house. Because of the problems, the deal fell through, but they continued looking for a house in Boiling Springs. They are willing to wait to close on the house -- later this summer or later this fall, as late as the end of this year, will be acceptable to them. Matt March knew Wilma Long. Both he and Mary grew up in the area. Matt works for the Cumberland County Historical Society. He has been leading the tours of South Middleton third-graders down the Race path. He always stops and points to the "point" on our property and tells them about the underground railroad. They are a very nice young couple. They were prepared to hand me a check to secure the property, but I told them that I was uncomfortable taking any funds until you were on board. Page: 2 I believe we should accept the March's offer. The McCoy's house has been on Ann Aumiller Tue Jun 28, 2011 the market and not sold for eight months ...we don't want to be in their shoes. Also, the house down the street that sold for $130,000 has no lot to speak of compared to ours, but the inside has been completely refurbished. The entire upstairs is brand new. I feel that the March's offer should be accepted right away. Please get back to me at your earliest convenience. Thank you. Mark A. Mateya, Esq. Mateya Law Firm <http://www.mateyalaw.com/> www.mateyalaw.com Check out our blog, "Taking Care Of Your Parents: My Own Story" hftp://mateyalfmom.blogspot.com/ IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that the federal tax advice (if any) contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transactions or matter addressed herein. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS A TRANSMISSION FROM THE MATEYA LAW FIRM AND IS INFORMATION PROTECTED BY THE ATTORNEY/ CLIENT AND/OR ATTORNEY/WORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE, AND THE PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS HAVING BEEN SENT BY ELECTRONIC MAIL. Information from ESET Smart Security, version of virus signature database 6236 (20110624) The message was checked by ESET Smart Security. hftp://www.eset.com Information from ESET Smart Security, version of virus signature database 6236 (20110624) The message was checked by ESET Smart Security. Page: 3 hftp://www.eset.com CERTIFICATE OF SERVICE I, Michael A Scherer, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by hand delivery of a true and correct copy of the same addressed to: Douglas Miller Esquire Irwin & McKnight 60 West Pomfret Street Carlisle PA 17013 "-Cv- Michael A Scherer, Esquire 19 West South Street Carlisle PA 17013 Dated: q - ? - 4 MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-3172 -'C1 PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW'' - -n r - Defendant -- IN DIVORCE L CD -t _ ' 7? c:) ~ :g: RULE TO SHOW CAUSE': i a AND NOW, this day of July, 2011, a Rule to Show Cause is issued upon the Defendant, Patricia Roland Mateya, to show cause why the relief requested in Plaintiff's Petition for Forced Sale of the Marital Home and Equitable Distribution of the Proceeds Therefrom should not be granted. Rule returnable 0 days from the date of issuance of this Order. BY T RT: J. L1---' ? lay w(er, &t 6ael A - &e. r, 00-4-La' 7/18/1/ J MARK A. MATEYA, Plaintiff VS. PATRICIA ROLAND MATEYA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3172 q xCIVIL ACTION - LAW n c IN DIVORCE = i MOTION OF PETITIONER MARK A. MATEYA TO COMPEL INTERROGATORY AND DOCUMENT REQUEST ANSWERS"Y- LL :::' rte t R_! Pursuant to Pa. R.C.P. 4019, Petitioner Mark A. Mateya, by and through his undersigned o, t"T'1- m attorney, moves this Court to enter an Order compelling the Defendant, Patricia Roland Mateya to fully and completely answer Interrogatory and Document Request. 1. Plaintiff's counsel, Michael A. Scherer, served Interrogatories and Request for Production of Documents upon Douglas Miller, Esquire, counsel for Defendant, Patricia Roland Mateya, on or about June 2, 2011. 2. Defendant's response to the discovery requests was due to Plaintiff s counsel on or before July 2, 2011. 3. To date, Defendant has not responded to the outstanding discovery requests nor has he requested additional time to respond to same. 4. Presently, there is a Divorce Master's hearing scheduled in this matter for Friday, August 12, 2011, in which the requested information from Defendant is necessary in order for the Divorce Master to make a reasonable evaluation of the marital estate. a It is believed and therefore averred that Douglas Miller, Esquire does not concur with the filing of the present Motion to Compel. WHEREFORE, petitioner Mark A. Mateya requests the Court to order: 1. Defendant Patricia Roland Mateya to serve a full and complete answer to discovery requests before August 12, 2011 and award reasonable expenses, including attorney's fees, Mark A. Mateya incurred as a result of making this motion. 2. Direct any other action with regard to the failure to make discovery as is just, pursuant to Pa. R.C.P. 4019(c)(5). Respectfully submitted, . X 11 Michael A?Schekbr Esq. Attorney ID No. 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 (717) 249-5755 (Fax) Attorney for Mark A. Mateya Date: 2 MARK A. MATEYA, Plaintiff VS. PATRICIA ROLAND MATEYA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09-3172 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF NON-CONCURRENCE I, Michael A. Scherer, Esquire, attorney for Plaintiff Mark A. teya telephoned Douglas Miller, Esquire, Attorney for Defendant Patricia Roland Mate , and requested his concurrence in a Motion to Compel Answers to Interrogatories and Rest for Production of Documents, in the above-referenced matter. Attorney Miller did Petition. It is therefore believed that A to Compel. / P;S 1 ?o give his concurrence or non-concurrence to the Miller does not concur with the filing of the Motion Respectfully submitted, Micha A. erer, Esq Attorney ID No. 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 (717) 249-5755 Fax Date: ? .1,1 1 CERTIFICATE OF SERVICE I, Michael A Scherer, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by First Class U.S. Mail, postage prepaid at Carlisle, Cumberland County, Pennsylvania addressed to: Douglas Miller Esquire Irwin & McKnight 60 West Pomfret Street Carlisle PA 17013 Michael A Scherer, Esquire 19 West South Street Carlisle PA 17013 Dated: ? ` MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 09-3172 PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW r Defendant : IN DIVORCE M CD r - n r r - -< > PETITION TO MAKE RULE ABSOLUTE .r t..o = T- -n == - 77 (z:7 AND NOW, comes Petitioner, Michael Scherer, Esquire, counsel for the Plaintiff, Mar' A. Mateya, and in support avers the following: 1. On July 8, 2011, Petitioner filed a Petition for Forced Sale of the Marital Home in the above-referenced matter. 2. Oil July 15, 2011, this Honorable Court issued a Rule to Show Cause returnable in twenty (20) days upon Respondent Patricia Roland Mateya by and through her counsel Douglas Miller, Esquire, to show cause why Petitioner's Petition for Forced Sale of the Marital Home should not be granted. 3. The last date for Respondent to file an answer to the Rule to Show Cause was August 5, 2011. 4. To date, no responsive pleadings have been filed by Respondent relating to the Petition for Forced Sale of the Marital Home. WHEREFORE, upon consideration of the foregoing, it is respectfully requested that this Honorable Court; 1. Issue an Order upon Respondent making the Rule Absolute; 2. Appoint Plaintiff as the constructive trustee of defendant's ownership of the marital property in order to facilitate the sale of the marital home; 3. Direct that the proceeds from the sale of the marital home be held in escrow by Plaintiff's counsel until the final equitable distribution of the marital estate. Respectfully submitted, Micha A S erer, Esq Attorn y ID No. 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 (717) 249-5755 - Fax Date:- `CA ' (?, CERTIFICATE OF SERVICE I, Michael A Scherer, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by First Class U.S. Mail, postage prepaid at Carlisle, Cumberland County, Pennsylvania addressed to: Douglas Miller Esquire Irwin & McKnight 60 West Pomfret Street Carlisle PA 17013 Michae4Acc e r, Esquire 19 West South Street Carlisle PA 17013 Dated: ?Oq // MARK A. MATEYA, Plaintiff V. PATRICIA ROLAND MATEYA, n/k/a PATRICIA DELAHAIE ROLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : 09-3172 CIVIL TERM : IN DIVORCE c rvCo i? u,r b ?b a" ...,o n? N a. CD 3 w ca v C?4 -T; a rn Ca a --rte, s-n o? DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and (d) of the Divorce Code was filed on May 19, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: August 12, 2011 PATRICIA DELAHAIE OLAND Defendant MARK A. MATEYA, Plaintiff V. PATRICIA ROLAND MATEYA, n/k/a PATRICIA DELAHAIE ROLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 09-3172 CIVIL TERM ` IN DIVORCE r cn+" ?rn 0 mo 3 a-n y`, C 4? c3c-) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 12, 2011 PATRICIA DELAHAIE R LAND Defendant M.i_. OF THE LPROTHONOTARY 2011 AUG 24 PM is 09 CUMBERLAND COUNTY MARK A. MATEYA, PENNS YLVANI A Plaintiff V. PATRICIA ROLAND MATEYA, n/k/a PATRICIA DELAHAIE ROLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 09-3172 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and (d) of the Divorce Code was filed on May 19, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. i _?l Date: August 12, 2011 PATRICIA DELAHAIE R LAND Defendant MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. 09-3172 CIVIL TERM PATRICIA ROLAND MATEYA, n/k/a PATRICIA DELAHAIE IN DIVORCE c d ? ROLAND, Defendant ?rrn c Z= G? r+n? ro r rn ? WAIVER OF NOTICE OF INTENTION TO cv =° REQUEST ENTRY OF A DIVORCE DECREE zo 3 Xii UNDER SECTION 3301(c) OF THE DIVORCE CODE v ^' C)rn 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '? Date: August 12, 2011 *AT1ICIA DELAHAIE RO AND ? Defendant Douglas G. Miller, Esquire IRWIN & McKNIGHT, P.C. 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant MARK A. MATEYA, Plaintiff V. PATRICIA ROLAND MATEYA n/k/a PATRICIA DELAHAIE ROLAND, Defendant FiLED-OFFICE OF THE PROTHONOTARY 1011 AUG 2S PM 4: 22 CUMBEERLAND COUNTY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 09-3172 CIVIL TERM IN DIVORCE DEFENDANT'S MOTION TO OPEN/STRIKE PLAINTIFF'S PETITIONS TO MAKE RULE ABSOLUTE and FORCED SALE OF MARITAL HOME AND EQUITABLE DISTRIBUTION OF PROCEEDS THEREFROM AND NOW this 25TH day of August, 2011, comes legal counsel for the Defendant, PATRICIA DELAHIE ROLAND, and respectfully files this Motion to Open/Strike the Plaintiffs Petitions to Make Rule Absolute and for Forced Sale of the Marital Home and Equitable Distribution of the Proceeds Therefrom, and in support thereof avers as follows: 1. On July 8, 2011, the Plaintiff filed a "Motion for Forced Sale of the Marital Home and Equitable Distribution of the Proceeds Therefrom" in the instant divorce action. 2. In that Motion, Plaintiff accurately stated that both parties were interested in selling the marital residence, and that potential buyers had made an offer of $131,000.00. 3. Plaintiff, however, made numerous other misrepresentations in his Motion, including but not limited to the following: a. The mortgage secured by the home being six (6) months in arrears; b. The offer to purchase the property in an "as is" condition; C. The potential buyers' willingness to pay "all of the closing costs of the sellers"; and d. The Defendant's refusal to sell the marital residence at the offered price. 4. In reality, Plaintiff had ceased making the mortgage payments on or before May 23, 2010, when he relocated his law office from the marital residence (See Defendant's Answer to Plaintiffs Motion to have Defendant Bring Mortgage of Marital Home Current, filed on August 30, 2010), thereby forcing Defendant to assume said mortgage payments. 5. At the time of filing her Answer on May 23, 2010, however, Plaintiff was in arrears of his APL payments to Defendant by approximately $1,377.95. 6. On November 2, 2010, Defendant filed a Petition for Modification of Alimony Pendente Lite seeking an increase in the payments from Plaintiff, in part to be able to continue to make the mortgage payments on the marital residence. 7. Defendant in fact has made multiple payments on the parties' mortgage, continuing through the current year, and furthermore had applied for credit counseling and for relief under the Homeowners Emergency Mortgage Assistance Program (HEMAP) in order to preserve the marital asset in spite of the Plaintiff s delinquent APL payments. 8. In addition, at the time of the filing of Plaintiffs Motion, Defendant was actively seeking other competitive offers to purchase the marital residence, and thereby secure the highest possible value for the marital asset. 9. On July 26, 2011, Defendant in fact signed the written purchase offer to sell the marital residence in the amount of $131,000.00. A true and correct copy of the signed Agreement of Sale is attached hereto and incorporated herein as Exhibit "A." 10. According to Paragraph 4(C) of Exhibit "A," in addition to the purchase price the buyers agreed to pay closing costs "not to exceed $2,000.00." 11. According to Paragraph 11 of Exhibit "A," the buyers elected to have a home inspection, wood infestation report, radon testing, water testing, on-lot sewage inspection, property insurance report, property boundary review, deed restriction and zoning investigation, and lead-based paint inspection. 12. According to Paragraphs 12 and 21 of Exhibit "A," the contract is contingent upon satisfactory resolution of all elected inspection issues. 2 13. The contract is clearly not one where the buyers are accepting the property "as is" and agreeing to pay "all of the closing costs of the sellers" as misrepresented by Plaintiff. 14. Plaintiff then further misrepresented the case in filing his Petition to Make Rule Absolute on August 9, 2011. 15. No where in Plaintiffs Petition to Make Rule Absolute does Plaintiff represent to the Court that Defendant had already signed a written contract to sell the marital residence. 16. No where in Plaintiffs Petition to Make Rule Absolute does Plaintiff represent to the Court that settlement on the sale of the marital residence is to be held on or before September 1, 2011. 17. No where in Plaintiff s Petition to Make Rule Absolute does Plaintiff disclose that the parties were scheduled for a hearing before the Divorce Master on August 12, 2011, a mere three (3) days after the filing of his Petition. 18. And no where does Plaintiffs Petition to Make Rule Absolute indicate that advance notice was provided to the undersigned legal counsel, as in fact no such notice was provided. 19. Plaintiffs form Order was subsequently signed by the Honorable Edward Guido on August 18, 2011. 20. In fact, the parties reached a verbal agreement in the divorce action in the Divorce Master's Office on August 12, 2011, including an agreement on the proceeds of the sale of the marital residence. A true and correct copy of an email confirmation of the settlement from Plaintiffs attorney dated August 12, 2011, is attached hereto and incorporated herein as Exhibit «B 21. As outlined in Exhibit "B," the parties agreed that the undersigned legal counsel was to exclusively "handle the sale of the marital residence." 22. Contrary to the agreement of the parties, however, Plaintiff and his legal counsel have continued to interfere with sale of the marital residence, including but not limited to 3 ordering work to be performed at the property, thereby reducing the amount of sale proceeds available to Defendant. 23. Plaintiff's repeated pattern of behavior in this case is arbitrary, capricious, vexatious, and without good cause, and in breach of the written and verbal agreements of the parties. 24. Plaintiff's continued interference with the sale the parties' marital residence, when he has already verbally agreed to waive any interest in the proceeds of sale, is arbitrary, capricious, vexatious, and without good cause. 25. Defendant, by reason of the Plaintiff's arbitrary, capricious, and vexatious actions, has and will continue to incur significant additional attorney fees in an amount yet to be determined. 26. Said additional attorney fees will significantly reduce the value of Defendant's share of the marital estate, without good cause or justification. 27. It is believed and therefore averred that Plaintiff's actions outlined above are primarily undertaken to bully and harass Defendant. 28. Defendant believes and therefore avers that Plaintiff should not be named as a constructive trustee by virtue of the actions and misrepresentations outlined above. 29. Furthermore, Defendant believes and therefore avers that Plaintiff has established a pattern during the course of their marriage that should prevent him from being named as constructive trustee. 30. Plaintiff has previously failed to file personal and business income tax returns, resulting in at least one (1) tax lien being filed by the Pennsylvania Department of Revenue at Cumberland County Docket No. 2008 - 3730. A true and correct copy of the recorded tax lien is attached hereto and incorporated herein as Exhibit "C." 31. Plaintiffs failure to file personal and business income tax returns has also previously resulted in the issuance of multiple letters from the Pennsylvania Department of Revenue and IRS, including attempts to levy the accounts of the parties. True and correct copies 4 of notices from the IRS dated April 20, 2009, and the Pennsylvania Department of Revenue dated December 9, 2009, are attached hereto and incorporated herein as Exhibit "D." 32. It is for all of the reasons outlined above, that Defendant requests that the Order of this Court dated August 18, 2011, be stricken immediately, and that a hearing in this matter be scheduled to determine what additional relief, including attorney fees, should be awarded to the Defendant. WHEREFORE, legal counsel for Plaintiff respectfully requests that the Order dated August 18, 2011, be stricken, that this matter be opened, and that a hearing be held to review this matter and determine what additional relief, including attorney fees, should be awarded to Defendant. Respectfully Submitted, IRWIN & McKNIGHT, P.C. Douglas G. ller, squire Supreme Cot I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: August 25, 2011 5 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. TJ ' dA 1 PATRICIA DELAHAIE OLAND Date: AUGUST 25. 2011 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE ASR This form recpmn=&d and approved for. but not restricted to nse by th. ,r....ti... i.t . n. .. t ..:. A..,...:.«..., onn e T m 100 M A o% PARTIES BUYER(S):; EW 4 -MAt-V Af- SE?R(S): 11e. AT?i VA C' A k0L.4whi - BUYER'S MAILINGADDRESS: P17T,57` Apr 19 - SELLER'S MAILINGADDRESS: 4 A vE 55 gukp ,iP7, 5,LE A I aB - Ak) )5LE A MDO - PROPERTY ADDRESS in the municipalityof V / L LAg e OF 15ol Lj V 6- IA)rr5 in the School District of '5paT14 ?M_/WDLIr TN Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date): -DEFD Boa K ooa44 ' Pkg r 04N-7 ZIP C o u n t y of C U M.6 E x LA y-b in the Commonwealth of Pennsylvania. BUYER'S RELATIONSHIP WITH PA LICENSED BROKER ? No Business Relationship (Buyer is not represented by a broker) Broker (Company) Licensee(s) (Name) Company Address Direct Phone(s) Cell Phone(s) Company Phone Fax Company Fax Email Broker is: Licensee(s) is: ? Buyer Agent (Broker represents Buyer only) ? Buyer Agent ' Designated Agency ? Dual Agent (See Dual and/or Designated Agent box below) ? Buyer ent without Designated Agency ? Agent (See Dual and/or Designated Agent box below) ? Transaction Licensee (Broker and Licensee(s) vide real estate services but do not represent Buyer) 1.11 1 SELLER'S RELA NSHIP WITH PA LICENSED BROKER ? No Business Relationship (Seller is not repr ented by a broker) Broker (Company) Licensee(s) (Name) Company Address Direct Phone(s) Cell Phone(s) Company Phone Fax Company Fax Email Broker is: Licensee(s) is: ? Seller t (Broker represents Seller only) ? Seller Agent with Designated Agency ? D gent (See Dual and/or Designated Agent box below) ? Seller Agent without Designated Agency ? Dual Agent (See Dual and/or Designated Agent box below) ? Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer an ame transaction. A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same tramacti ro er's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the s is designated for Buyer and Seller, the Licensee is a Dual Agent. By signin reement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual agency, if applicable. Buyer Initials: ASR Page 1 of 19 Seller Initials: Revised 1/10 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2010 Pennsylvania Association of REALTORS' 1/10 Pnxleou'al Homesale/Carlisle 8 Brookwood Ave. Ste. A Carlisle. PA 17013 Phone: 717-245-2100 Fax: 717-245.0683 dfdf Rob Neidlinger Produced with ZipForrrD by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zi LQUilt com 1 1. By this Agreement, dated 2 Seller hereby agrees to sell and convey to Buyer, who agrees to purchase, the identified Property. 3 2. PURCHASE PRICE AND DEPOSITS (1-10) ( 4 (A) Purchase Price $ [ 3 (fa7j . A Div 5 60 'i a 1 60u ?.' -e 5 ( s')-S, 6 U.S. Dollars), to be paid by Buyer as follows: 7 1. Deposit at signing of this Agreement: $ k, Ebb , 6-0 8 2. Deposit within 115 days of the Execution Date of this Agreement: $ 4 f cm. do 9 3. $ 10 4. Remaining balance will be paid at settlement. - 4 i VZn 11 (B) All funds paid by Buyer, including deposits, will be paid by check, cashier's check or wired funds. All funds paid by Buyer 12 within 30 DAYS of settlement, including funds paid at settlement, will be by cashier's check or wired funds, but not by per- 13 sonal check. 14 (C) Deposits, regardless of the form of payment and the person designated as payee, will be paid in U.S. Dollars to Broker for Seller 15 (unless otherwise stated here: 16 who will retain deposits in an escrow account in c ormity with all applicable laws and regulations until consummation or ter- 17 mination of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of 18 the State Real Estate Commission. Checks tendered as deposit monies may be held uncashed pending the execution of this 19 Agreement. 20 3. SELLER ASSIST (If Applicable) (1-10) 21 Seller will pay $ or % of Purchase Price (0 if not specified) toward 22 Buyer's costs, as permitted by the mortgage lender, if any. Seller is only obligated to pay up to the amount or percentage which is 23 approved by mortgage lender. 24 4. SETTLEMENT AND POSSESSION (1-10) 25 (A) Settlement Date is "f - I i Zo / 1 , or before if Buyer and Seller agree. 26 (B) Settlement will occur in-the county wh6re the operty is located or in an adjacent county, during normal business hours, unless 27 Buyer and Seller agree otherwise. 28 (C) At time of settlement, the following will be pro-rated on a daily basis between Buyer and Seller, reimbursing where applicable: 29 current taxes (see Notice Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and home- 30 owner association fees; water and/or sewer fees, together with any other lienable municipal service fees. All charges will be pro- 31 rated for the period(s) covered. Seller will pay u to and including a date of settlement and Buyer will pay Or all days follow- 32 ing settlement, unless otherwise stated here: PpitL 6 v CS Cal` 33 trall, sir 1 %ttle _tG"CeT T • 16 t6 -eJC,_-e0J ' -s V_. LQR)a An 34 (D) Conveyance from Seller will be by fee simple deed f special warranty unless otherwise stated here: 35 36 (E) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: reed. 37 nut huca?s ?eSe.US C?osF? l?SfS 38 (F) Possession s to (be deli d by deed, existing keys and physical possession to a vacant Property free of debris, with all structures 39 broom-clean, at day and time of settlement, unless Seller, before signing this Agreement, has identified in writing that the Property 40 is subject to a lease. 41 (G) If Seller has identified in writing that the Property is subject to a lease, possession is to be delivered by deed, existing keys and 42 assignment of existing leases for the Property, together with security deposits and interest, if any, at day and time of settlement. Seller 43 will not enter into any new leases, nor extend existing leases, for the Property without the written consent of Buyer. Buyer will 44 acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise stated in this Agreement. 45 ? Tenant-Occupied Property Addendum (PAR Form TOP) is attached. 46 5. DATES/TIME IS OF THE ESSENCE (1-10) 47 (A) Written acceptance of all parties will be on or before: 48 (B) The Settlement Date and all other dates and times identified for the performance of any obligations of this Agreement are of the 49 essence and are binding. 50 (C) The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign- 51 ing and/or initialing it. For purposes of this Agreement, the number of days will be counted from the Execution Date, excluding 52 the day this Agreement was executed and including the last day of the time period. All changes to this Agreement should be ini- 53 tialed and dated. 54 (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree- 55 ment of the parties. 56 (E) Certain terms and time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed terms 57 and time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terms acceptable 58 to all parties. 59 6. ZONING (1-10) 60 Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdi- 61 vidable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if 62 voided, any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 63 Zoning Classification: (L 1 64 Buyer Initis.,s:???/1. ASR Page 2 of 19 Seller Initials: YY Revised 1/10 Produced with ZipForm® by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www'W? r rm dfdf P, 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 7. FIXTURES AND PERSONAL PROPERTY (1-10) (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, and other items including plumbing; heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and transmitters; tele- vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; the rangeloven, unless otherwise stated; and, if owned, water treatment sys- tems, propane tanks, satellite dishes and security systems. Also included: (B) The following items are LEASED (not owned by Seller). Contact the provider/vendor for more information (e.g., water treatment systems, propane tanks, satellite dishes and security systems): (C) EXCLUDED fixtures and items: 8. 1bIORTGAGE CONTINGENCY (1-10) WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the par- ties may include an appraisal contingency. ELECTED.p?" (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms: First Mortgage on the Property LoanAmount $ Minimum Term years Type of mortgage Loan-To-Value (LTV) ratio: For non-FHANA loans LTV ratio not to exceed % Mortgage lender Interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. (B) The interest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied if the mortgage lender(s) gives Buyer the right to guar- antee the interest rate(s) and fee(s) at or below the maximum levels stated. If lender(s) gives Buyer the right to lock in the inter- est rate(s), Buyer will do so at least 15 days before Settlement Date. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage term(s) available to Buyer. (C) Within days (7 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mort- gage application (including payment for and ordering of appraisal and credit reports without delay, at the time required by lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A), if any, otherwise to a responsible mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage lender(s) to assist in the mortgage loan process. (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay of the appraisal), fails to lock in interest rate(s) as stated in Paragraph 8(B), or otherwise causes the lender to reject, refuse to approve or issue a mortgage loan co mitmen (E) 1. Mortgage Commitment Date: IUauf; I S ZO I I Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commr t to Seller. 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage commitment to Seller. Until Seller terminates this Agreement, Buyer is obligated to make a good-faith effort to obtain mortgage financing. 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment: a. Does not satisfy the terms of Paragraph 8(A), OR b. Contains any condition not specified in this Agreement (e.g., the Buyer must settle on another property, an appraisal must be received by the lender, or the mortgage commitment is not valid through the Settlement Date) that is not satisfied and/or removed in writing by the mortgage lender(s) within 7 DAYS after the Mortgage Commitment Date in Paragraph 8(E)(1), or any extension thereof, other than those conditions that are customarily satisfied at or near settlement (e.g., obtaining insurance, confirming employment). 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies will be returned to Buyer according to the terms of Paragraph 22 and this Agreement will be VOID. Buyer will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancel- lation; (3) ,Appraisal fees and charges paid in advance to mortgage lender(s). pp..???? I Buyer Initials: ASR Page 3 of 19 Seller Initials: `IV YI t (??,?/? Revised 1110 Second Mortgage on the Property LoanAmount $ Minimum Term years Type of mortgage Loan-To-Value (LTV) ratio: For non-FHANA loans LTV ratio not to exceed % Mortgage lender Interest rate %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of %. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not specified) of the mortgage loan. Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Finaer, Michigan 48026 www WL:gi•,= dfdf 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 (F) If the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), requires repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within 5 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense. 1. If Seller makes the required repairs to the satisfaction of the mortgage lender and/or insurer, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 2. If Seller will not make the required repairs, or If Seller fails to respond within the stated time, Buyer will, within 5 DAYS, notify Seller of Buyer's choice to: a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not be unreasonably withheld, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. If Buyer fails to respond within the time stated in Paragraph 8(F)(2) or fails to terminate this Agreement by written notice to aener wmun rnar nme, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. FHA/VA, IF APPLICABLE (G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the pur- chase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ (the Purchase Price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration Transactions, provides, "Whoever for the purpose of ... influencing in any way the action of such Department, makes, passes, utters or publishes any statement, knowing the same to be false shall be fined under this title or imprisoned not more than two years, or both." (H) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ? Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection." Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. (I) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. 9. SELLER REPRESENTATIONS (1-10) (A) Radon Testing and Remediation (See Notice Regarding Radon) Seller has no knowledge about the presence or absence of radon unless checked below: 1. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track, etc.), which produced the results indicated below: Date Type of Test Results (picoCuries/liter or working levels) Name of Testing Service o 1c- ecaviJaJ ? 2. Seller has knowledge that the Property had radon removal system(s) installed as indicated below: Date Installed Type of System Provider Copies of all available test reports will be delivered to Buyer with this Agreement Seller does not warrant the meth- ods or the results of radon tests. (B) Status of Water Seller represents that the Property is served by: J, Public Water ? Community Water ? On-site Water ? None ? (C) Status of Sewer Seller represents that the Property is served by: ![? Public Sewer ? Community Sewage Disposal System ? Ten-Acre Permit Exemption (see Sewage Notice 2) ? Individual On-lot Sewage Disposal System (see Sewage Notice 1) ? Holding Tank (see Sewage Notice 3) ? Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) ? None (see Sewage Notice 1) ? None Available/Permit Limitations in Effect (see Sewage Notice 5) (D) Historic Preservation Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: 194 Buyer Initials. ASR Page 4 of 19 Revised 1/10 Produced with Zipform® by ripLogix 18070 Fifteen Mile Road, Freser, Michigan 48026 beeper >j? Seller Initiate: VhI" dfdf 195 (E) ? Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land 196 Use Restrictions): 197 ? Farmland and Forest Land Assessment Act (Clean and Green Program; Act 319 of 1974; 72 P.S. § 5490.1 et seq.) 198 ? Open Space Act (Act 442 of 1967; 32 P.S. § 5001 et seq.) 199 ? Agricultural Area Security Law (Act 43 of 1981; 3 P.S. §901 et seq.) 200 ? Other 201 (F) Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner associa- 202 lion assessments have been made against the Property which remain unpaid, and that no notice by any government or public 203 authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, 204 building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a viola- 205 lion of any such ordinances that remain uncorrected, unless otherwise specified here: 206 207 (G) Seller knows of no other potential notices (including violations) and/or assessments except as follows: 208 209 (I) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 210 10. WAIVER OF CONTINGENCIES (9-05) 211 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental 212 conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's 213 failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and 214 Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 215 11. INSPECTIONS (1-10) (See Notices Regarding Property and Environmental Inspections) 216 (A) Rights and Responsibilities 217 1. Seller will provide access to insurers' representatives and, as may be required by this Agreement or by mortgage lender(s), to 218 surveyors, municipal officials, appraisers and inspectors. All parties and their real estate licensee(s) may attend any inspections. 219 2. Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by 220 any other provision of this Agreement. 221 3. Seller will have beating and all utilities (including fuel(s)) on for all inspecdons/appraisals. 222 4. All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer. 223 5. Seller has the right, upon request, to receive a free copy of any inspection Report from the party for whom it was prepared. 224 (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as 225 "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly 226 licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must com- 227 ply with the Home Inspection Law. (See Notice Regarding the Home Inspection Law) 228 (C) For elected Inspection(s), Buyer will, within the Contingency Period(s) stated in Paragraph 12(A), complete Inspections, obtain any 229 Inspection Reports or results (referred to as "Report" or "Reports"), and accept the Property, terminate this Agreement, or submit a 230 Written Corrective Proposal(s) to Seller, according to the terms of Paragraph 12(B). 231 Home/Property Inspections and Environmental Hazards (mold, etc.) 23 lecMoors; yer may conduct an inspection of the Property's structural components; roof; exterior windows and exterior Waived 23? / exterior siding, Exterior Insulation and Finish Systems, fascia, gutters and downspouts; swimming pools, hot / 234 tubs and spas; appliances; electrical systems; interior and exterior plumbing; public sewer systems; heating and cool- 235 ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square 236 footage; mold and other environmental hazards (e.g., fungi, indoor air quality, asbestos, underground storage tanks, 237 etc.); and any other items Buyer may select. If Buyer elects to have a home inspection of the Property, as defined in 238 the Home Inspection Law, the home inspection must be performed by a full member in good standing of a national 239 home inspection association, or a person supervised by a full member of a national home inspection association, in 240 accordance with the ethical standards and code of conduct or practice of that association, or by a properly licensed 241 or registered engineer or architect. (See Notice Regarding the Home Inspection Law) 242 Wood Infestation 243??fe/c%4 Buyer may obtain a written "Wood-Destroying Insect Infestation Inspection Report" from an inspector certified as Waived 244 a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid- 245 ed by the inspector to Seller. The Report is to be made satisfactory to and in compliance with applicable laws, mort- 246 gage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be 247 limited to all readily-visible and accessible areas of all structures on the Property, except fences. If the Inspection 248 reveals active infestation(s), Buyer, at Buyer's Expense, may obtain a Proposal from a wood-destroying pests pes- 249 ticide applicator to treat the Property. If the Inspection reveals damage from active or previous infestation(s), Buyer 250 may obtain a written Report from a professional contractor, home inspector or structural engineer that is limited to 251 structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property. 252 Radon 25ecte¢, aBuyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived 25 / gency (EPA) advises corrective action if the average annual exposure to radon is equal to or higher than 0.02 / 255 working levels or 4 picoCuries/liter (4pCi/L). 256 Water Service 257 wW uyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise Waived 25 ualified water/well testing company. If and as required by the inspection company, Seller, at Seller's expense, will / 259 locate and provide access to the on-site (or individual) water system. Seller will restore the Property to its previous 260 conditi , at Seller's expense, prior to settlement. 261 Buyer Initials: ASR Page 5 of 19 Seller Initials: `d t?' Y 1 Revised 1/10 Produced with ZipForm® by ZipLogix 18070 FlReen Mile Road, Fraser, Michigan 48026 mmod aW m dfdf 262 On-lot Sewage (If Applicable) 263? Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified, professional Waived 2i _ inspector. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to, I 265 and empty the individual on-lot sewage disposal system. Seller will restore the Property to its previous condition, 266 at Seller's expense, prior to settlement. See paragraph 12(C) for more information regarding the Individual On-lot 267 Sewage Inspection Contingency. 268 Property Insurance 26 /?j , E t q', Buyer may determine the insurability of the Property by making application for property and casualty insurance for Waived 27G v'` the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate with ! 271 the insurer to assist in the insurance process. If the Property is located in a flood plain, Buyer may be required to 272 carry flood insurance at Buyer's expense, which may need to be ordered 14 days or more prior to Settlement Date. 273 Property Boundaries 27 guyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal Waived 2 /r 1 ` description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property I 276 surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, walls and other natural 277 or constructed barriers may or may not represent the true boundary lines of the Property. Any numerical represen- 278 tations of size of property are approximations only and may be inaccurate. 279 Deeds, Restrictions and Zoning 280?j? ?lect Buyer may investigate easements, deed and use restrictions (including any historic preservation re strictions or ordi- Waived 281' I t? / nances) that apply to the Property and review local zoning ordinances. Buyer may verify that the present use of the ! 282 Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the 283 Agreement contingent upon an anticipated use. Present use: 284 Lead-Based Paint Hazards (For Properties prior to 1978 only) 285 !efore Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a Waived 286 k assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint haz- ! 287 ards unless Buyer waives that right. Regardless of whether this inspection is elected or waived, the Residential 288 Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the 289 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in 290 Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge of lead- 291 based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding 292 Residential Lead-Based Paint Hazard Reduction Act) 293 Other 294 Elected Waived 295 296 297 The Inspections elected above do not apply to the following existing conditions and/or items: 298 299 300 12. INSPECTION CONTINGENCY (1-10) 301 (A) The Contingency Period is I $' days (10 if not specified) from the Execution Date of this Agreement for each Inspection elect- 302 ed in Paragraph 11(C), except the following: 303 Inspection(s) Contingency Period 304 days 305 days 306 days 307 days 308 (B) Except as stated in Paragraph 12(C), if the result of any Inspection elected in Paragraph I I(C) is unsatisfactory to Buyer, Buyer 309 will, within the stated Contingency Period: 310 1. Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this Agreement, OR 311 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 312 Paragraph 22 of this Agreement, OR 313 3. Present the Report(s) to Seller with a Written Corrective Proposal ("Proposal") Listing corrections and/or credits desired by Buyer. 314 The Proposal may, but is not required to, include the name(s) of a properly licensed or qualified professional(s) to perform the cor- 315 rections requested in the Proposal, provisions for payment, including retests, and a projected date for completion of the correc- 316 tions. Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental 317 requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal. 318 a. No later than days (5 if not specified) from the end of the Contingency Period(s), Seller will inform Buyer in writ- 319 ing that Seller will: 320 (1) Satisfy all the terms of Buyer's Proposal(s), OR 321 (2) Not satisfy all the terms of Buyer's Proposal(s), OR 322 (3) Negotiate a mutually acceptable written agreement with Buyer, providing for any repairs or improvements to the 323 Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any. 324 b. If Seller agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter into a mutually acceptable written agree- 325 ment, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 326 Buyer Initials. ASR Page 6 of 19 Revised 1/10 Seller Initials: dfdf Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 amtatr apLaax tam 327 c. If Seller chooses not to satisfy all the terms of Buyer's Proposal and if Buyer and Seller do not enter into a mutually 328 acceptable written agreement, or if Seller fails to choose any option within the time given, Buyer will, within 16 days 329 (2 if not specified): 330 (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this 331 Agreement, OR 332 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 333 of Paragraph 22 of this Agreement. 334 If Buyer fails to respond within the time stated in Paragraph 12(8)(3)(c) or fails to terminate this Agreement by 335 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 336 24 of this Agreement. 337 (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 338 days (25 if not specified) of receiving the Report, submit a Proposal to Buyer. The Proposal will include, but not be limited to, the 339 name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected com- 340 pletion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no Proposal is provided within the 341 stated time, Buyer will notify Seller in writing of Buyer's choice to: 342 1. Agree to the terms of the Proposal, accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR 343 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 344 Paragraph 22 of this Agreement, OR 345 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement. If required by any 346 mortgage lender and/or any governmental authority, Buyer will correct the defects before settlement or within the time required 347 by the mortgage lender and/or governmental authority, at Buyer's sole expense, with permission and access to the Property given 348 by Seller, which may not be unreasonably withheld. If Seller denies Buyer permission and/or access to correct the defects, Buyer 349 may, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all deposit monies returned 350 to Buyer according to the terms of Paragraph 22 of this Agreement. 351 If Buyer fails to respond within the time stated in Paragraph 12(C) or fails to terminate this Agreement by written notice 352 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 353 13. NOTICES, ASSESSMENTS AND MUNICIPAL REQUIREMENTS (1-10) 354 (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before 355 settlement, Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- 356 ments to Buyer and will notify Buyer in writing that Seller will: 357 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the 358 notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR 359 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails 360 within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS 361 that Buyer will: 362 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in 363 Paragraph 24 of this Agreement, OR 364 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 365 Paragraph 22 of this Agreement. 366 If Buyer fails to respond within the time stated in Paragraph 13(A)(2) or fails to terminate this Agreement by written notice 367 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 368 (B) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 DAYS prior 369 to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing 370 notice of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitting occu- 371 pancy of the Property. If Buyer receives a notice of any required repairs/improvements, Buyer will promptly deliver a copy of 372 the notice to Seller. 373 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a 374 copy of the notice to Buyer and notify Buyer in writing that Seller will: 375 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required 376 repairs/improvements, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR 377 b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will 378 notify Seller in writing within 5 DAYS that Buyer will: 379 (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which 380 will not be unreasonably withheld, OR 381 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 382 of Paragraph 22 of this Agreement. 383 If Buyer falls to respond within the time stated in Paragraph 13(B)(1)(b) or fails to terminate this Agreement by 384 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 385 24 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the 386 terms of the notice provided by the municipality. 387 1. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before 388 Settlement Date to make the required repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by 389 written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. 390 2. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph, Seller 391 will perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 13(B)(3) will survive settlement. 392 Buyer Initials ASR Page 7 of 19 Revised 1/10 Seller Initials: Produced with ZipForm® by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48028 MffiMjWLQgiL= dfdf 393 14. CONDOM11vIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE (1-10) 394 Property is NOT a Condominium or part of a Planned Community unless checked below. 395 ? CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 3407 of the 396 Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to 397 furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and 398 the rules and regulations of the association. 399 ? PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the 400 Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act 401 requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations 402 of the association, and a Certificate containing the provisions set forth in section 5407(a) of the Act 403 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OFACONDOAHNIUM OR A PLANNED COMMUNITY. 404 (A) Within 15 DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a 405 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that 406 the association is required to provide these documents within 10 days of Seller's request. 407 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for 408 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso- 409 ciation in the Certificate. 410 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 411 for 5 days after receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer 412 declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of Paragraph 22 of this 413 Agreement. 414 (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reim- 415 burse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, 416 and any costs incurred by Buyer for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 417 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 418 and charges paid in advance to mortgage lender. 419 15. TITLES, SURVEYS AND COSTS (1-10) 420 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the reg- 421 ular rates, free and clear of all liens, encumbrances, and easements, excepting however the following: existing deed restrictions; 422 historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the 423 ground; easements of record; and privileges or rights of public service companies, if any. 424 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 425 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 426 and charges paid in advance to mortgage lender, (4) Buyer's customary settlement costs and accruals. 427 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 428 description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by 429 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 430 (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates, as 431 specified in Paragraph 15(A), Buyer may terminate this Agreement by written notice to Seller, with all deposit monies returned to 432 Buyer according to the terms of Paragraph 22 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs 433 incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and for those items spec- 434 ified in Paragraph 15(B) items (1), (2), (3) and in Paragraph 15(C). 435 (E) Seller is not aware of the status of oil, gas and mineral rights for Property unless otherwise stated below: 436 ? Seller does not own all subsurface rights to the property. 437 ? Oil, Gas and Mineral Rights Addendum (PAR Form OGM) is attached. 438 (F) COAL NOTICE (Where Applicable) 439 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 440 THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL 441 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 442 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of 443 July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting 444 from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a 445 private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of com- 446 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." 447 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 448 (G) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see 449 Notice Regarding Recreational Cabins): 450 16. MAINTENANCE AND RISK OF LOSS (1-10) 451 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present con- 452 dition, normal wear and tear excepted. 453 (B) If any system or appliance included in the sale of Property fails before settlement, Seller will: 454 1. Repair or replace the failed system or appliance before settlement, OR 455 2. Provide prompt written notice to Buyer of Seller's decision to: 456 a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender, 457 if any, OR 458 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the 459 A"Ped, em or appliance. 1 460 Buyer Initials. ASR Page 8 of 19 Seller Initials: Revised 1/10 Produced with ZipFornl® by ApLogix 18070 Fifteen Mile Road. Fraser, Michigan 48026 m5MLZ Lggi. = dfdf r 461 3. If Seller does not repair or replace the failed system or appliance or. agree to credit Buyer for its fair market value, or if Seller 462 fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, 463 whichever is earlier, that Buyer will: 464 a. Accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR 465 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 466 Paragraph 22 of this Agreement. 467 If Buyer fails to respond within the time stated in Paragraph 16(B)(3) or fails to terminate this Agreement by written 468 notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this 469 Agreement. 470 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not 471 replaced prior to settlement, Buyer will: 472 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 473 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 474 Paragraph 22 of this Agreement. 475 17. HOME WARRANTIES (1-10) 476 At or before settlement, either party may purchase a home warranty for the Property from a third-party vendor. Buyer and Seller under- 477 stand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 478 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifi- 479 cations that Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that a broker who recommends a home 480 warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker. 481 18. RECORDING (9-05) 482 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer 483 causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default of this Agreement. 484 19. ASSIGNMENT (1-10) 485 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assigna- 486 ble, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless 487 otherwise stated in this Agreement. Assignment of this Agreement may result in additional transfer taxes. 488 20. GOVERNING LAW, VENUE AND PERSONAL JURISDICTION (9-05) 489 (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the 490 laws of the Commonwealth of Pennsylvania. 491 (B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by 492 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of 493 Pennsylvania. 494 21. REPRESENTATIONS (1-10) 495 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their 496 licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this 497 Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, 498 covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This 499 Agreement will not be altered, amended, changed or modified except in writing executed by the parties. 500 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal prop- 501 erty specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the 502 Property IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowl- 503 edges that Brokers, their licensees, employees, officers or partners have not made an independent examination or deter- 504 mination of the structural soundness of the Property, the age or condition of the components, environmental conditions, 505 the permitted uses, nor of conditions existing in the locale where the Property is situated; nor have they made a mechan- 506 ical inspection of any of the systems contained therein. 507 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 508 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 509 22. DEFAULT, TERMINATION AND RETURN OF DEPOSITS (1-10) 510 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of 511 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 22(B), and this Agreement will be 512 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 513 monies. 514 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to 515 determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: 516 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written 517 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 518 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, direct- 519 ing Broker how to distribute some or all of the deposit monies. 520 3. According to the terms of a final order of court. 521 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 522 deposit monies if there is a dispute between the parties that is not resolved. (See Paragraph 22(C)) 523 Buyer Initials ASR Page 9 of 19 Seller Initials: 6"" " Revised 1/10 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Micdrigan 48026 dfdf 324 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after 525 the Settlement Date stated in Paragraph 5(A), or any written extensions thereof, the Broker holding the deposit monies will, with- 526 in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- 527 able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior 528 to the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a written distri- 529 button agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any por- 530 lion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 531 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that 532 the parties maintain their legal rights to pursue litigation even after a distribution is made. 533 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 22 or Pennsylvania 534 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 535 monies, the attorneys' fees and costs of the Broker(s) and licensee(s) will be paid by the party naming them in litigation. 536 (E) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 537 1. Fail to make any additional payments as specified in Paragraph 2, OR 538 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning 539 Buyer's legal or financial status, OR 540 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 541 (F) Unless otherwise checked in Paragraph 22(G), Seller may elect to retain those sums paid by Buyer, including deposit monies: 542 1. On account of purchase price, OR 543 2. As monies to be applied to Seller's damages, OR 544 3. As liquidated damages for such default. 545 (G) 19 SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED 546 DAMAGES. 547 (I) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 22(F) or (G), 548 Buyer and Seller are released from further liability or obligation and this Agreement is VOID. 549 (1) Brokers and licensees are not responsible for unpaid deposits. 550 23. MEDIATION (1-10) 551 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, 552 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute 553 Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation sys- 554 tem offered or endorsed by the local Association of REALTORS. Mediation fees, contained in the mediator's fee schedule, will be 555 divided equally among the parties and will be paid before the mediation conference. This mediation process must be concluded before 556 any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to 557 stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding (see 558 Notice Regarding Mediation). Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 559 24. RELEASE (9-05) 560 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any 561 OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or 562 through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property dam- 563 age and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood- 564 boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the 565 individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the 566 Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- 567 tion, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This 568 release will survive settlement. 569 25. REAL ESTATE RECOVERY FUND (9-05) 570 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real 571 estate licensee (or a licensee's affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been 572 unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783- 573 3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 574 26. COMMUNICATIONS WITH BUYER AND/OR SELLER (1-10) 575 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satis- 576 fied by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 577 Paragraph 14. If there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made direct- 578 ly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com- 579 munication/delivery to a Seller, that provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is 580 no Broker for Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller, unless other- 581 wise agreed to by the parties. 582 27. SPECIAL CLAUSES (1-10) 583 (A) The following are part of this Agreement if checked: 584 ? Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) 585 ? Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SSP-CM) 586 ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 587 ? Short Sale Addendum to Agreement of Sale (PAR Form SHS) 588 ? Appraisal Contingency Addendum (PAR Form ACA) 589 ? 590 ? 591 ? 592 Buyer Initials. ASR Page 10 of 19 Seller Initials: V Oq Revised 1/10 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road. Fraser, Michigan 48028 www 2ipLagir = dfdf 593 (B) Additional Terms: 594 595 596 597 U 598 t 599 D j 600 601 ? o Man 602 603 0 604 6 05 60 607 0 iGv?-` 4ri?) Uu??? S1vWQ 1 ?`?ra J?S6,1, 61?c? P (D ? 608 609 0 ? 610 611 p r I 612 0 1 5 LiLL"C L1 r4?-ed-?ii i c-e f/ d d? YZ mc(cz t S f C ?'?/S /{,/ 613 614 U Ile r- 615 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 1 616 This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which coun- 617 terparts together shall constitute one and the same Agreement of the Parties. 618 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are 619 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice. 620 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures 621 of all parties, constitutes acceptance by the parties. 622 ! Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 623 §35.336. 624 / Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 625 / Buyer has read and understands the notices and explanatory information in this Agreement. 626 / Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law 627 (see Information Regarding the Real Estate Seller Disclosure Law). 628 / Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit 629 money) before signing this Agreement. 630 / Buyer has received the Lead-Based Paint Hazards Disclosure, which is attached to this Agreement of Sale, and 631 tithe pamphlet Protect Your Family from Lead in Your Home (for properties built prior to 1978) 632 WITNESS C BUYS ( DATE 0? -D 633 WITNESS 0- CA 9/ W =:: ALA AA L/ BUYER DATE t 634 WITNESS - BUYER DATE 635 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. 636 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 637 Seller has read and understands the notices and explanatory infor ation in this Agreement. 638 WITNESS 6 SELLER 1 DATE 639 WITNESS A"??eAJLIKA SELLER r ATE LV'? 640 WITNESS V SELLER DATE ASR Page 11 of 19 Revised 1/10 Produced with ZlpForrnV by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 46026 WWW 2ipi Dox rnm dfdf NOTICE REGARDING CONVICTED SEX OFFENDERS (MEGAN'S LAW) The Pennsylvania General Assembly has passed legislation (often referred to as "Megan's Law," 42 Pa.C.S. § 9791 et seq.) providing for community notification of the presence of certain convicted sex offenders. Buyers are encouraged to costact the municipal pollee department or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property, or to check the information on the Pennsylvania State Police Web site at www,pamegandaw.state pa m. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 (FIRPTA) The disposition of a U.S. real property interest by a foreign person (the transferor) is subject to the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) income tax withholding. FIRPTA authorized the United States to tax foreign persons on dispositions of U.S. real property interests. This includes but is not limited to a sale or exchange, liquidation, redemption, gift, transfers, etc. Persons purchasing U.S. real property interests (transferee) from foreign persons, certain purchasers' agents, and scalcinent officers are required to withhold 10 percent of the amount realized (special rules for foreign corporations).. Withholding is.intended to taxation of gains realized on disposition of such interests. The transfehedBuyer is the withholding agent. If you sre the transf must find out if the transferor is a foreign person. If the transferor is a foreign person and you fail to withhold, you may NOTICE REGARDING REAL ESTA'T'E TA7(E.S (P Real Estate Tax Proration: For purposes of prorating real estate taxesy bills are as follows: Municipal Taxes: For all counties and municipalities in s are od January 1 to December 31. School Taxes: For all school. districts, other Scranton school districts, the period covered by the tax bill is July i to Jute: 30. F Scranton school districts, tax bills are for the period January I to D Real Estate Assessment: In P 1 taxing pities: 1 districts and municipalities). and property owners may appeal the assessed value of a property at e, or. a time` er. A successful appeal by a taxing authority may result in a higher assessed value for the i rty taxes. Also, periodic county-wide property reassessments may change the assessed value of the pro tax. NOTICE ]KING MORTGAGE FINANCING (Paragraph 8: Mortgage Contingency) The appraised value of the, Property is.: used by lenders to determine the. maximum amount of a mortgage loan: The appraised value is determined by an independent appraiser; subject to the mortgage lender'; underwriter. review, and may be higher or lower than the Purchase Price and/or market price of the property. The Loan-To-Value Ratio (LTV) is used by lenders as one tool to help assess the potential risk of a mortgage loan. LTV is determined by dividing the requested loan amount by either the Purchase Price or the appraised value of the property, whichever is lower. A particular LTV may be necessary to qualify for certain loans, or Buyers might be required to pay additional fees if the LTV exceeds a specific level. NOTICE REGARDING TRUTH IN LENDING (Paragraph 8: Mortgage Contingency) The Mortgage Disclosure Improvement Act requires mortgage lenders to provide Buyer with a Truth in Lending (TIT.) statement at the time of mortgage application (early disclosure) and anytime thereafter (re-disclosure) if the annual percentage rate (APR) changes by more than .125 percent. Settlement cannot occur within 7 days of the early disclosure or within 3 days of re-disclosure. If a re-disclosure of a TIL statement is made within 3 days of the Settlement Date in the Agreement, settlement for the Property would have to occur after the Settlement Date stated. Buyer and Seller are advised that the APR may change by more than .125 percent based on factors including, but not limited to, Seller credits, changes in loan amount or duration, and Settlement Date change. If the Buyer and Seller agree to modify the Settlement Date in response to the TIL statement waiting period, or for any other reason, it should be done by mutual written agreement of the parties. ASR Page 12 of 19 Revhed 1110 Produced with ZlpForm® by ZpLopbt 16070 Fifteen Mue Road. Fraser. MlcNaen 40026 mmwnptaae.mm dfdf SEWAGE NOTICES (Paragraph 9: Seller Representations) NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for construction, alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without fuss obtaining a permit. Buyer is advised by this notice that, before signing this Agreement, Buyer should coated the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage system. The local agency charged with administering the Act will be the municipality where the Property is located or that municipality working cooperatively with others. NOTICE 2: TINS PROPERTY IS SERVICED BY AN 'INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF ENNSYLVANIIA SEWAGE FACILITIES ACT. (Section 7 provides that a permit may not be required- before installing, WSW, a contract for construction. altering, repairing or connecting to an individual sewago system w subdivided from a parent tract after January. - 10, 1987). Buyer is advised that soils and site that, should the system malfunction, the owner of the Property or properties crier may be held liable for any contamination, pollution, public bealth hazard NOTICE 3: THIS PROPERTY IS SERVICED BY TANK OR TEMPORARY) TO WIECH SEWAGE IS CONVEYED' BY N M AND WHICH IS DESIGNED AND CONSTRUCTED TO 1FACILIML ZA THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvania S a f?ct, r psbv[de a history of the annual cost of maintaining the tank from the date of its ' D .14, whichever is later. NOTICE 4: AN INDIVID G)E M BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT ISTANCE SPECIFIED BY REGULATION. The aE. pertaining to minimum horizontal isolation distances provide guidance. Subsection (b) of § horizontal "isolation distance between an individual water supply or water supply system tunent tanks, shall be 50 feet. Subsection (c) of §73.13 states that the horizontal isolation distance b dual water supply or wateusupply system auction line and the perimeter of the absorption area shall be 100 NOTICE 5: THIS LOT. ISWITHINANAREADMIUCH PERMIT LIIVOTATIONSARE IN;EFFECTAKD IS SUBJECT TO THOSE LIMITATIONS. SEWAGE FACILITIPS : ARE :. NOT. AVAILABLE .FOR ' THIS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. ASR Pale 13 of 19 Revised 1/10 Produosd vAth Z1pFwm9 by iipLoaix 18070 Mean We RMW, Fraser, M ON98n 46M baenr. X= dfdf NOTICES REGARDING LAND USE RESTRICTIONS (Paragraph 9: Seller Representations) NOTICE PURSUANT TO THE PENNSYLVANIA RIGHT-TO-FARM LAW (3. P.S. § 951-957) The property you are buying may be located in an area where agricultural operations take place. Pennsylvania protects agricultural resources for the production of food and agricultural products. The law limits circumstances where normal agricultural operations may be subject to nuisance lawsuits or restrictive ordinances. FARMLAND AND FOREST LAND ASSESSMENT ACT (CLEAN AND GREEN PROGRAM) (72 P.S. § 5490.1 et seq.) Properties enrolled in the Clean and Green Program receive preferential tax assessment. Notices Required by Seiler: A Seller of Property enrolled in the Clean and Green Program must submit notice of the sale and any proposed changes in the use of Seller's remaining enrolled Property to the County Assessor 3..0 days before the title, to Buyer. Notices Required by Buyer: A Buyer of Property enrolled in the-Ciean and Green Buyer intends to make in the use of the Property being purchased to t6 County Assess a Loss of Pmferenthd Tax Asisesstnent:. The sale of.the property enrolled enrollment and the loss of preferential tax assessment for the Property, separated Removal from enrollment in the Clean and Green Pro Ck is the difference in the amount of taxes paid under the pro enrollment. The roll-back taxes are charged for each of any proposed changes dertaking any changes. Fiosnm? result in the loss of program ,?whWvfts a part and from which it is being nack taxes and interest. A roll-back tax paid in the absence of Clean and Green program, limited to the past 7 years. t win or may result from the sale of the Property Buyer and Seller have been advised of the ntha of the Property or the land from which it is being separated to Buyer or that may result {n the futar E;V by contacting the County Tax Assesam ce on of this Agreement of Sale. OP ACE ACT 32 P.S: § 5001 et seq. This Act enables counties th. owners of land designated as farm, forest, water supply, or open space land on an adopted municipal, county or the purpose of preserving the land as open space: A covenant between the owner and county is binding upon any Buyer of party during the period of time that the covenant is in effect (5 or 10 years). Covenants automatically renew at the and of the covenant od unless specific termination notice procedures are followed: Buyer acknowledges that the, purchase of Property for which there is a covenant will not. extinguish the. covenant and that a change in the use of the land to any other use other than that designated in the covenant will constitute a breach. When a breach of the covenant occurs, the then-owner is required to pay roll-back taxes and interest. A roll-back tax is the difference in the amount of taxes paid and the taxes that would have been paid in the absence of the covenant. The roll-back taxes are charged for each year that the Property was subject to the covenant, limited to the past 5 years. Buyer has been advised of the need to determine the restrictions that will apply from the sale of the Property to Buyer and the tax implications that will or may result from a change In use of the Property, or any portion of {t. Buyer Is further advised to determine the term of any covenant now In effect. ASR Page 14 of 19 Revised 1/10 Produced With ZlpFom* by rlpLrpfs 18070 Flaeen Mae Road, Fraser, Middgan 48020 AWXjipLpQM= dfdf Y i NOTICES REGARDING PROPERTY & ENVIRONMENTAL INSPECTIONS (Paragraph 11: Inspections) Exterior Insulation and Finish Systems (EIFS): Exterior Insulation and Finish Systems-- sometimes referred to as synthetic stucco-are multi-layered wall systems applied to the exterior of some homes. Poor or improper installation of EIFS may result in moisture penetrating the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs near doors and windows, gutters, the roof connection and at the lowermost edge of the exterior surface. Vulnerability to leakage depends on structure design as well as the expertise and application skills of the contractor. Damage caused by water intrusion may be both extensive and expensive to repair but may go undetected in the absence of an adequate inspection. Buyers purchasing homes with EIFS construction may seek to engage an inspector experienced in testing for EIFS-related problems who can determine the moisture content of the building's frame. Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction. The physical properties that give asbestos its resistance to heat and decay are linked with several adverse health effects. Asbestos can easily break into microscopic fibers that remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is known to cause Asbcsiosis and various forms of cancer. Inquiries or requests for more information about asbestos can be di, I .S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Ave.; N.W., Washington, D.C. 20460, and/or the of Health, Commonwealth of Pennsylvania, Division of Environmental Health, Harrisburg, PA 17120. Electromagnetic Fields: Electromagnetic Fields (EMFs) occur-around. all c Conclusive evidence that EMFs pose health risks does not exist at present, and Pennsylvania has no Environmental Hazards: The U.S. Environmental Protection restricted by law. Generally, if hazardous substances are f properly. For more information and a list of hazardous 1200 Pennsylvania Ave., N.W., Washington, D.C. 2 list of ? s, the use and disposal of which are it is owner's responsibility to dispose of them ronmental Protection Agency, Ariel Rios Building, Wetlands: Wetlands are protected by tt or may wish to hire an environmental engineer to investigate whether the Property is 1ou:attd in a w 8 area it permits. for plans to build, improve or develop the property would be affected or denied because of its I on we l Mold, Fungi and Inde temina 'on sad the inhalation of bioaerosols (bacteria, mold spores, pollen and viruses) have been associ re s es. including upper respiratory congestion, cough, mucous membrane irritation, fever, chills, muscle ache or oth tion or allergy. Claims have been asserted. that exposure to mold contamination and bioaerosols has led to serious on, m m mosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determ' presence and scope of indoor contamination. Because individuals may be affected differently, or not affected at all, by the presence. of mold or other bioaerosols Buyer may wish to engage the services of a qualified.professional to undertake an assessment and/or sampling. of the Property..Ass scents and samplings for the presence -of mold and biooerosoIs can be performed by qualified industrial hygienists, engineers, laboratories and home inspection companies that offer these services. Information about indoor air quality issues is available through the U.S. Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133,1-800-438-4318. Radon: Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space and can permeate a structure. If a house has a radon problem, it usually can be cured by increased ventilation and/or by preventing radon entry. Any person who tests, mitigates or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information about radon and about certified testing or mitigation firms is available through Department of Environmental Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594. www.epa.gov NOTICES REGARDING RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT (Paragraph 11: Inspections) Lead-Based Paint Hazards Disclosure Requirements (for properties built before 1978): The Residential Lead-Based Paint Hazard Reduction Act requires any Seller of property built before 1978 to provide the Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in Your Home and to disclose to the Buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the property being sold, along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. Any Seller of a pre-1978 structure must also provide the Buyer with any records or reports available to the Seller regarding lead-based paint and/or lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. Before a Buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the Seller to give the Buyer 10 days (unless Buyer and Seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the Buyer, in writing. Neither testing nor abatement is required of the Seller. Housing built in 1978 or later is not subject to the Act. ASR Page 15 of 19 Revised 1110 Produced with hpformeit by ripiogix 19070 Mean Mile Road. Fraser. Michigan 46026 tmem.apLQ0La fd dfdf LEAD WARNING STATEMENT (FOR PROPERTIES BUILT BEFORE 1978) Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problem, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the BaYer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. NOTICE REGARDING THE HOME INSPECTION LAW (68 Pa. C.S.A. §7501, et seq.) (Paragraph 11: Inspections) Applicability: The Home Inspection Law applies to "residential.real estate transfers," defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS N . AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. (See Notice Regarding The Real Es selosure Law (exceptions 1•8) for a list of exceptions to this general rule.) The following definitions are taken from the text of the Home Inspection Law Home Inspection: A non-invasive, visual examination of some com ' cal or plumbing systems or the structural and essential components of a residential dwelling desi ed ti 'those systems and components, and performed for a fee in connection with or preparation for a or ible r to transfer. The term also includes any consultation regarding the property that is,represented to b or th d by any confusingly similar term. The tam does not include an examination of a single system uitt ling such as, for example, its electrical or plumbing system or its roof. The term also does. not include ttion o inspection for, or of, one or more of the following: wood-destroying insects, underground tent septi pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, poll cats vino ental hazards. The scope of a home inspection, the services to be performed and the systems and 'ti o be i or.. from inspection may be defined by a contract between the home inspector and the client.... Home inspection Report. of a home inspection. A home inspection report sh ude: (1) A description of the a of the inspection, including without limitation an identification of the structural elements, systems and subsystems covered a report. (2) A description of:any material defects noted during the inspection,` along with any recommendation that certain experts be retained to determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an unreasonable risk to people on the property shall be conspicuously identified as such. A home inspector shall not express either orally or in writing an estimate of the cost to repair any defect found during a home inspection, except that such an estimate may be included in a home inspection report if: (1) the report identifies the source of the estimate; (2) the estimate is stated as a range of costs; and (3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared. Home inspector: An individual who performs a home inspection. National home inspectors association: Any national association of home inspectors that: (1) Is operated on a not-for-profit basis and is not operated as a franchise. (2) Has members in more than ten states. (3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection. (4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition of membership. A Buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector is a full member in good standing of a national home inspection association. Material defect: A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. ASR Page 16 of 19 Revised 1/10 Produced with ZlpFornA try z1PL091X 18070 Flaeen Mile Road. Fraser. Mlchinan 4885 =w.4LcgbL m dfdf NOTICES REGARDING CONDOIYIII MJMS AND PLANNED COMMUNITIES (Paragraph 14: Condombdum/Planned Community (Homeowner Association) Resale Notice) Definition of a Condominium The Uniform Condominium Act defines a "condorinium" as real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Definition of a Planned Community The Uniform Planned Community Act defines a "planned community" as real estate with respect to which a person, by virtue of ownership of ae interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any ammt for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any pant of the real estate other than the portion or interest owned solely by the person. The temp excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "owneship" includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes non-residential campground communities. Exemptions from the Uniform Planned Community Act and the Uniform um Act: When a Certificate of Resale Is Not Requir The owner of a property located within a planned community is not required to famish r of resale under the following circumstances: (1) The Planned Community contains no more than 12 units, provided there is ng subdividing units to increase the size of the Planned Community. (2) The Planned Community/Condominium is one in which all of the 1 non-residential use, unless the declaration provides that the resale provisions are nevertheless to be foilo (3) The Planned Community/Condominium or units are to n o tvania. (4) The transfer of the unit is a gratuitous transfer. (5) The transfer of the unit is required by court order. (6) The transfer of the unit is by the gove v (7) The transfer of the unit is the result of `lieu cl ding State to and Right to Rescission If Seller is a Declarant of the co ni con , Seller is required to furnish Buyer with a copy of the Public Offering Statement and its amendments. For condominiums, Bring Statement must be, made no later than the date the Buyer executes this Agreement. Buyer may cancel this Agieement a wing the Public Offering Statement and any amendments that materially and adversely affect Buyer. For planned communities, th t provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this A or cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially and adversely affect Bu NOTICES REGARDING RECREATIONAL CABINS (Paragraph IS: Tide, Surveys & Costs) The following definitions and requirements are taken from the Pennsylvania Constructions Code Act (35 P.S. §7210.101 et.seq.) A Recreational Cabin is a structure which is: (1) Utilized principally for recreational activity; (2) Not utilized as a domicile or residence for any individual for any time period; (3) Not utilized for commercial purposes; (4) Not greater than two stories in height, excluding basement; (5) Not utilized by the owner or any other person as a place of employment; (6) Not a mailing address for bills and correspondence; and (7) Not listed as an individual's place of residence on a tax return, driver's license, car registration or voter registration. A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act if: (1) The cabin is equipped with at least one smoke detector, one fine extinguisher and one carbon monoxide detector in both the kitchen and sleeping quarters; and (2) The owner of the cabin files with the municipality either: (a) An affidavit on a form prescribed by the Pennsylvania Department of Labor and Industry attesting to the fact that the cabin meets the definition of a "recreational cabin" in Section 103 of the Act; or (b) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth, stating that the structure meets the definition of a "recreational cabin" as defined in Section 103 of the Act. If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act, upon transfer of ownership of the recreational cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin: (1) Is exempt from this Act; (2) May not be in conformance with the uniform construction code; and (3) Is not subject to municipal regulation. Failure to comply with this notice requirement shall render the sale void at the option of the purchaser. ASR Page 17 of 19 Revised 1110 Produced with Z1pForm® by zlpLoofx 18070 FNNen MIN Road, Fraser, Whigan 49028 asm MM dfdf NOTICES REGARDING MEDIATION (Paragraph 23: Mediation) HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES 1. Agreement of Parties: The Rules and Procedures of the Dispute Resolution System (DRS) apply when the patties have agreed in writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement of sale, or through a separate written agreement. 2. Initiation of Mediation: If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS Transmittal Form (Transmittal Form) to the local Association of REALTORSO (hereafter "Administrator"). Tho Transmittal Form should be available through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal Form to the Administrator: a. A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other parties to the dispute to invite them to join the mediation proms. b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company Imown to have received notice of the dispute or claim and the corresponding file or claim number. c. A brief statement of the facts of the dispute and the damages or relief sought. ?OWL 3. Selection of Mediator: Within five. days of receiving the completed Transmittal Fonn, the Adm' ' each party to the dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedules.1,,Rch party list of mediators, cross ofd' the time. of any mediator to whom the party objects, and return, the list to the Administrator. t the first available mediator who is acceptable to all parties involved. A mediator who has any financial or personal interest in the dispute or the e n serve as mediator to that dispute, unless all parties are informed and give their written consent. 4. Mediation Fees: Mediation fees will be divided equaldyam be o the mediation conference. The parties will follow the payment terms contained in the medistor.'s fee schedule: 5. Time and Place of Mediation Conference: W' ys of too. the dispute, the mediator will contact the parties and set the date, time and place of the mediation conference..The Ipc a twee days' advance notice to all parties. The mediation conference should not be more than sixty days from the medi 's inti>?en a dis 6. Conduct of Mediation Co tenth . mediation conference will be expected to: a. Have the authority lenient to the4ispute.. b. Produce all info for to understand the issues of the dispute. The information may include relevant written materials, descriptions the content of their testimony. The mediator can require the parties to deliver written materials and information before the the ation conference. The mediator presiding over the co cc: a. Will impartially conduct. an orderly settlement negotiation. b. Will help the parties;define the matters in dispute and reach a mutually agreeable solution, c. Will have no authority to render an opinion, to bindthe parties to his or her decision, or to force the parties to reach a settlement. Formal rules of evidence will not apply to the mediation conference. 7. Representation by Counsel: Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the other parties of the intent at least ten days before the conference. 8. Confidentiality: No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions, or proposals. No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties. Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in the course of the mediation or in any confidential communication. 9. Mediated Settlement: When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement at the end of the conference. 10. Judicial Proceedings and Immunity: NEITHER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORSO, PENNSYLVANIA ASSOCIATION OF REALTORS®, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERstHOME BUYERS DISPUTE RESOLUTION SYSTEM. ASR Page 18 of 19 Revised 1110 Produced with ZIPForm@ by iiPLOUIX 18070 Flaseh Mile Road, Freser. Michigan 45029 >aWW tpl.o®s.mm dfdf A NOTICES REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW (Page 11: Signature Page) The Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the Seller in a residential real estate transfer must make certain disclosures regarding the property to potential Buyers in a form defined by the law. A residential real estate transfer is defined as a sale, exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved. The Law defines a number of exceptions where the disclosures do not have to be made: 1. Transfers that are the result of a court order. 2. Transfers to a mortgage leader that result from a Buyer's default and subsequent foreclosure sales that result from default. 3. Transfers from a co-owner to one or more other co-owners. 4. Transfers made to a spouse or direct descendant. 5. Transfers between spouses that result from divorce, legal separation or property settlement. 6. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non-residential use. b. The building has been inspected for compliance with the appliceble, y recognized model building code; and A certificate of occupancy or s certificate of code In addition to these exceptions, disclosures for condom areas or facilities are not required, as those elements are 8. Transfer of y unimproved real Y property. guardip, 9. Transfers by a fiduciary. during the warranty administration of a ?8 the decedent estate, never been occupied when:. ; 10. Transfers of new construction , that has n, constructi anshi a. The Bu er has received none- ear w covering o e SjWes particular unit(s). Disclosures regarding common the resale of condominium and cooperative interests. ASR Page 19 of 19 Revised 1/10 Produced with ZlpFoor* by 10Lagix 18070 FBt m Mlle Road, Fraser, Michigan 48026 MW rlpi goo cam dfdf RESIDENTIAL LEAD-BASED PAINT HAZARDS DISCLOSURE FORM LPD This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). THIS FORM MUST BE COMPLETED FOR ANV PRnPTi?TV urrrr'r nDrnu mn 1070 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 PROPERTY SELLER < y4 LEAD WARNING STATEMENT Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poi- soning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead-based paint haz- ards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. SELLER'S / hss no knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. / eller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for determining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available information concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) SELLER' ORDS/REPORTS / Seller has no records or reports pertaining to lead-based paint and/or lead-based paint hazards in or about the Property / Seller has provided Buyer with all available records and reports regarding lead-based paint and/or lead-based paint hazards in or about the Property. (List documents): Seller ce s at to b o ler a knowledge the above statements are true a d a ,cnra WITNESS SELLER DATE 6 a ll WITNESS r q- SELLE • 4J& U"TE WITNESS SELLER DATE AGENT ACKNOWLEDGEMENT AND CERTIFICATION Agent/Licensee represents that Agent has informed Seller of Seller's obligations under the Residential Lead-Based-Paint Hazard Reduction Act, 42 U.S.C. §4852(d), and is aware of Agent's responsibility to ensure compliance. The following have reviewed the information above and certify that the Agent statements are true to the best of their knowledge and belief. Seller Agent and Buyer Agent must both sign this form. BROKER FOR SELLER (Company Name) LICENSEE DATE BROKER FOR BUYER (Company Name) LICENSEE DATE BUYER DATE OF AGREEMENT BUYER'S ACKNOWLEDGMENT / Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read the Lead Warning Statement. / Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards and has received the records and reports regarding lead-based paint and/or lead-based paint hazards identified above. Buyer ce ' o wledge the above statements true d acc WITNESBUYER Ad? DATE 66130/ 61a WITNES BUYER DATE J D-7 l WITNESS BUYER DATE 'T -%W 1 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2010 Pennsylvania Association of REALTORS' 1/10 Prudential Honm ale/Carlisle 8 Bmokwood Ave, Ste. A Carlisle, PA 17013 Phoae:717-245-2100 Fax: 717-245-0683 dfdf Rob Neidlinger Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 mm8LZ pj,ngk= u 8 RESIDENTIAL LEAD-BASED PAINT HAZARDS DISCLOSURE AND INSPECTION CONTINGENCY LPA ADDENDUM TO AGREEMENT OF SALE Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. LEAD-BASED PAINT HAZARDS DISCLOSURE AND INSPECTION CONTINGENCY ON PAGE TWO Buyer Initials: LPA Page 1 of 2 Seller Initials: l Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATION OF'!TORSO 2 REALTORS® 9/05 711eveke ror Reel EetetN M ?enmylrenle Prudential Homesale/Carlisle 8 Brookwood Ave, Ste. A Carlisle, PA 17013 Phone: 717-245-2100 Fax: 717-245-0683 Rob Neidlinger dfdf Produced with ZipFonnO by zipl_ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zWLogiL= EXHIBIT "B" ,..age , o' Douglas Miller From: Mike Scherer [mscherer@baricscherer.com] Sent: Friday, August 12, 2011 11:55 AM To: Douglas Miller Subject: Mateya Doug- This confirms the essential terms upon which we just settled the Mateya case. Mark will pay alimony of $1,000 per month terminable upon all the usual circumstances but initially for an indefinite period of time. Patricia will keep the proceeds from the sale of the house. The costs of settlement and of bringing the home into compliance for sale (furnace, termites, etc) will be paid by Patricia. Mark will keep his retirement accounts and will pay his law school loan. Mark will return to the marital residence and retrieve what he and Patricia know to be Mark's personal property. You will handle the sale of the marital residence for Patricia. Let me know if you disagree in any way. mike Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013-3432 Phone: (717) 249-6873 Fax: (717) 249-5755 * "*"`'"***************************ConfidentialElectronic Mail Notice: The information contained in this message is intended only for the persons to whom it is addressed and may contain confidential or privileged material. Copying, distributing, dissemination, reliance on, or other use of the information by persons other than the intended recipient(s) is prohibited. If you received this message in error, please notify the sender and delete the entire message from any computer. 8/12/2011 PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE LIEN SECTION PO BOX 280948 HARRISBURG PA 17128-0948 CJz. 3 F F qD D 1 ?o c, 36 1C,w JUN 04 2008 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE COURT OF COMMON PLEAS OF n O <y -tae AFP (94-00) -? .71 J ? 1 -J N m -< CJ v: -c 3130 CA?la 71--.- CUMBERLAND COUNTY, PENNSYLVANIA MARK A MATEYA PARICIA A MATEYA NAME AND ADDRESS: 117 RACE STREET BOILING SPRGS TO THE PROTHONOTARY OF SAID COURT, CERTIFIED COPY OF LIEN Pureu st to the lass of the Commonwealth of Panneylvenla. there 1. herewith tr.,..ittea a c.nift.d cOPV of a lien 185-52-5875 to be .nt.nd of record 1. Par County. PA 17007 DATE OF CLASS OF TAX PERIOD ASSESSMENT IDENTIFYING TAX (ON DUE DATE) DETERMINATION NUMBER TAX TOTAL OR SETTLEMENT 1 2 3 4 5 6 P.I.T. 01-01-05 TO DEC 21 2007 S57427 31100.00 4,528.71 12-31-05 TOTALS INTEREST COMPUTATION DATE SEP 02 2008 $3,100.00 04,528.71 FILING FEE(S) $19.00 The undersigned, the Secretary of Revenue (or h1a authorized delegate) of the Commonwealth ADDITIONAL INTEREST of Pennaylvanis certifies this to be a true d t f i li t th b . correc an copy o a ns on aga e a ove- napad taxpayer for unpaid tai, Interest, addltlons or penaltlea thereon due froa such tax- SETTLEMENT TOTAL payer and which, after depend for PaYpent thereof, remains unpaid. The apount of such un- upon the taxpayer's Property, real, personal or both, a the case may be. JUN 161008 SECRETARY OF REVENUE DATE (OR AUTHORIZED DELEGATE) PART 1 - TO BE RETAINED BY RECORDING OFFICE 7• 7 0 ' d V• • T r W •, Y 9 n r r p 0 r F P a P, K N- O. r r Y M w N ? w O n w P T O ? r C r Y r O r m I O . 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M H N • 0 ° O M l l T r G A¦ l l f 0 9• J ¦ y e ] 7¦ , w • n 0 1 7 t w C • x 00 i° » n w ?( p p 6- , 0nJ 7 00 • Y• • r i K J n 0 >] c ? : i O i ; J w = e J s J- $ n Y . ] C i ew a O i i» e Y C i i N ~ e w N 6 • _ v. ......... » a i It ° IC ] 7 ] 0 0 n 0 ¦ s w s¦ s T J r~ N i e i i m e e= e: 0 0• e 7 r 7 M i •: F Y 03 1 , 6 N V n N w C • V b be % Y r 3 O 0 . a r^ V V N e* r M 0 N N e V A V A N • » • V 0 S y n 6 OW 0 y ] Y• V S A N ] Z O S , ?V N V 14 .. ^ ,.e ; 01 F w w ± C 0 v i s A • c s ' 3 a Y °3 ' ?° . i 1+ • O f 1 7 03 " • ^ J O »»» w ti n 7 7 y » C w, • r 6 ? n p p ? w s S t V ' o ' r s s 7 ,. s . n 9 . - O M w .•• H w C Y n Department of the Treasury ra, Internal Revenue Service Philadelphia, PA 19154 17007 IRS USE ONLY SB W 0 S 7 For assistance, call: 1-800-829-8374 Notice Number: CP22A Date: April 20, 2009 019002.598525.0089.002 1 AB 0.351 920 PARICIA A MATEYA 117 RACE ST BOILING SPRGS PA 17007-9794178 019002 For account of: MARK A & PARICIA A MATEYA We Changed Your Account Taxpayer Identification Number: 185-52-5875 Tax Form: 1040 Tax Year: December 31, 2006 Amount You Owe as of May 11, 2009 $3,871.09 We will explain why you received this notice, how we changed your account, how this change affects you, and actions you may wish to take. Why You Received This Notice We contacted you twice but have no record of receiving your response. Your 2006 tax return does not report the same income or deductions reported to us by your payer or trustees, so we changed your tax return to correct your • income from wages, salaries, tips, etc. • other income • interest and/or dividend income The law requires us to send a copy of this notice to both you and your spouse. Each copy contains the same information about your joint account. Please pay the amount you owe only once. How We Changed Your Account We changed your account as follows: Account balance before this change None Increase in tax because of this change $3,554.00 Credit added tax withheld $155.00 CR Interest charged $472.09 Amount you now owe $3,871.09 Page 1 How This Affects You Please pay the full amount by May 11, 2009 to avoid additional penalty and interest. When making your payment: Make your check or money order payable to the United States Treasury Write the Social Security number and tax year shown at the top of this notice on the check or money order • Use the payment coupon included with this notice If you cannot pay the balance in full, contact an IRS representative at 1-800-829-8374 to discuss payment options. If you've recently contacted ta.s to include this amount in an installment agreement or have already paid it in full, disregard this payment request. Other Actions You May Wish To Take You may qualify for innocent spouse relief You can check to see if you qualify by either: • Answering the interactive questions on our website at Vww.irs.gov or • Reviewing Publication 971, Innocent Spouse Relief You can get this publication at the IRS website, your local IRS office, or by calling., 1-800-TAX-FORM. Retain a copy of this notice with your federal tax records. For tax forms, instructions and infoni;ation visit www.irs.gov. Access to this site will not provide you with any taxpayer account information. Penalty and Interest About Your Notice - The penalty and/or interest charges on your account are explained on the following pages. If you want a more detailed explanation of your penalties and interest, please call the telephone number listed on the top of this notice. You may call your local IRS telephone number if the number shown on your notice is a long-distance call for you. All days mentioned in the paragraphs below are calendar days, unless specifically stated otherwise. Interest: 09 Interest We charged interest because you did not pay your tax on time. Generally, we calculate interest from the due date of your return (regardless of extensions) until you pay your tax in full. The interest rate is variable and may change quarterly. We charge interest on all penalties except estimated tax penalties. (Internal Revenue Code section 6604) Page 2 Philadelphia Service Center 185-52-5875 Tax Period: December 31, 2006 The table below shows how we figured your interest. It may include amounts charged before the adjustment. We multiplied the factor times the principal. From Date To Date Days Rate Factor Principal Interest 04/15/2007 06/30/2007 76 8.0% 0.016795189 3288.98 55.24 06/30/2007 11/05/2007 128 8.0% 0.028448875 3344.22 95.14 11/05/2007 12/31/2007 56 8.0% 0.012348245 3549.38 43.83 ,. 12/31/2007 03/31/2008 91 7.0% 0.017555017 3593.21 63.08 r 03/31/2008 06/30/2008 91 6.0% 0.015028621 3656.29 54.95 06/30/2008 09/30/2008 92 5.0% 0.012646750 3711.24 46.94 09/30/2008 12/31/2008 92 6.0% 0.015195019 3758.18 57.11 019002 12/31/2008 03/31/2009 90 5.0% 0.012404225 3815.29 47.33 03/31/2009 04/20/2009 20 4.0% 0.002194064 3862.62 8.47 Total Interest: 472.09 * Additional Interest Charges If the amount you owe is $100,000 or more, please make sure that we receive your payment within 10 work days from the date of your notice. If the amount you owe is less than $100,000, please make sure that we receive your payment within 21 calendar days from the date of your notice. If we don't receive frill payment within these time frames, the law requires us to charge interest until you pay the full amount you owe. Page 3 10 IRS Department of the Treasury Internal Revenue Service ACS SUPPORT PO BOX 57 BENSALEM, PA 19020-0057 71617618363092565743 PARICIA A MATEYA 117 RACE ST BOILING SPRGS PA 17007-9794178 004657 Date: AUG. 24, 2009 Taxpayer Identification Number: XXX-XX-5875 G 03 XXX-XX-1129 Case Reference Number: 5382915969 Caller to: 876640 Contact Telephone Number: TOLL FREE: 1-800-829-3903 BEST TIME TO CALL: MON - FRI 8:00 AM TO 8:00 PM ASISTENCIA EN ESPANOL 1-800-829-3903 CALL IMMEDIATELY TO PREVENT PROPERTY LOSS FINAL NOTICE OF INTENT TO LEVY AND NOTICE OF YOUR RIGHT TO A HEARING WHY WE ARE SENDING YOU THIS LETTER We've written to you before asking you to contact us about your overdue taxes. You haven't responded or paid the amounts you owe. We encourage you to call us immediately at the telephone number listed above to discuss your options for paying these amounts. If you act promptly, we can resolve this matter without taking and selling your property to collect what you owe. We are authorized to collect overdue taxes by taking, which is called levying, property or rights to property and selling them if necessary. Property includes bank accounts, wages, real estate commissions, business assets, cars and other income and assets. WHAT YOU SHOULD DO This is your notice, as required under Internal Revenue Code sections 6330 and 6331, that we intend to levy on your property or your rights to property 30 days after the date of this letter unless you take one of these actions: Pay the full amount you owe, shown on the back of this letter. When doing so, Please make your check or money order payable to the United States Treasury; Write your social security number and the tax year or employer identification number and the tax period on your payment; and enclose a copy of this letter with your payment. Make payment arrangements, such as an installment agreement that allows you to pay off your debt over time. Appeal the intended levy on your property by requesting a Collection Due Process hearing within 30 days from the date of this letter. WHAT TO DO IF YOU DISAGREE If you've paid already or think we haven't credited a payment to your account, please send us proof of that payment. You may also appeal our intended actions as described above. Even if you request a hearing, please note that we can still file a Notice of Federal Tax Lien at any time to protect the governigent's interest. A lien is a public notice that tells your creditors that the government has a right to your current assets and any assets you acquire after we file the lien. We've enclosed two publications that explain how we collect past due taxes and your collection appeal rights, as required under Internal Revenue Code sections 6330 and 6331. In addition, we've enclosed a form that you can use to request a Collection Due Process hearing. We look forward to hearing from you immediately, and hope to assist you in fulfilling your responsibility as a taxpayer. Enclosures: Copy of letter, Form 12153, Publication 594, Publication 1660, Envelope 118?IAallIB?BA®@BwBIIMB1Af1111I11? Automated Collection System *185525875103* Letter 1058 (Rev. 05-2002)(LT-11) W N\ anted to Crhurc that you ;ul(l your spouse receI\ ccl this IIOtIcc. ,o N\C'\ C SC III a Copy to 0;ICII l)t yoll loch Copy Co11I;1111" (11 sallle 1111ol-111JIlull rehti:d to )'ollr Iolllt accotwt. Any aluuullt yOtl iIWC ur h,11;1110: (lug: Shown JIlolild he hail mily olic.' 11' tho :1cco it Iti ovorl)alll, we will I5tillc Ally retllllcl shown only olive Pay By Date: 09-24-2009 Account Summary MARK A & PARICIA A MATEYA XXX-XX-5875 Type Period Late Payment - --- ---- of Tax Ending Assessed Balance Accrued Interest Penalty Total 1040 [12 -31-2006 $ 3,871.09 $ 67.18 $ 152.95 $ 4,091.22 Type of Tax ( Period Ending Total Amount Due $ 4, 091. 22 Name of Return------ - - [),paltIIIHI11 ut ti v- Ilt-",-C.III' - 1111..-111;11 Ih':r1111,-.i,.11'ICt? BUREAU OF INDIVIDUAL TAXES PO BOX 280600 HARRISBURG PA 17128-0600 MARK A & PARICIA 117 RACE STREET BOILING SPRGS Dear Taxpayer: pennsyLvania 10 DEPARTMENT OF REVENUE REV-1750 EX AFP C10.09) SSN: 185-52-5875 DATE: DECEMBER 09, 2009 TAX YEAR: 2006 A MATEYA DLN: 065400709683 (CP-2000 / UNDER REPORTER) PA 17007 Under authorization of Federal law (Section 6103(d) of the Internal Revenue Code), the PA Department of Revenue has obtained information from the Internal Revenue Service which indicates you may not have reported $14,003.00 in income when you filed your 2006 Pennsylvania Individual Income Tax return. The source(s) and amount(s) of the income which may be taxable for Pennsylvania Income Tax purposes are listed on the reverse side of this letter. If you do not believe that the income is subject to Pennsylvania Personal Income Tax, or if you believe it was reported properly, Please submit a written explanation stating the reasons for your belief. Return this letter with your written explanation to the PA Department of Revenue in the enclosed envelope. If you agree that the income was omitted and that it is subject to Pennsylvania Personal Income Tax, please sign and date this letter in the space provided and return it to the PA Department of Revenue in the enclosed envelope. The Department then will send you a notice showing the amount of tax, penalty, and interest due on this additional income. If the 2006 tax return was a joint return, both taxpayers must sign this letter. If a reply is not received within thirty (30) days from the date of this letter, your 2006 return will be adjusted and a billing notice will be issued. If you have any questions about this letter, please contact this bureau at the above address or you may call us at (717) 787-8201 or 1-800-447-3020 (TT only)(Services for taxpayers with special hearing and/or speaking needs). Enclosures Sincerely, Resolution Division I agree that the additional income listed above is subject to Pennsylvania Personal Income Tax. ------------------------------------------------------------------------- Your Signature Social Security Number Date Spouse's Signature Social Security Number Date .1 M OTHER INCOME SOURCES AND AMOUNTS: 01. TAXABLE WAGES - MARK A MATEYA P C - $67,594.00 02. TAXABLE WAGES - MARK A MATEYA P C - $2,080.00 03. TAXABLE WAGES - HARRISBURG AREA COMM. COLLEG - $10,206.00 04. TAXABLE WAGES - OTTERBEIN UNITED METHODIST C - $1,277.00 05. INTEREST - PA STATE EMPLOYEES CREDIT UN - $440.00 rl. o CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: August 25, 2011 IRWIN & McKNIGHT, P.C. Douglas G Mill r, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-3172 PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW Defendant : IN DIVORCE MW M_ =;u c7 -3rn PLAINTIFF'S RESPONSE TO <a Q° DEFENDANT'S MOTION TO OPEN/STRIKE =-n ORDER OF AUGUST 18, 2011 ::E ? n 5„c ?;? rn AND NOW comes Plaintiff, Mark A. Mateya, by and through his counsel, Michl Ate, Scherer, Esquire and responds to Defendant's Motion to Open/Strike Plaintiff's Petition to Make rule Absolute and Forced Sale of Marital Home and Equitable Distribution of Proceeds Therefrom as follows: 1. On or about July 8, 2011, Plaintiff filed a petition to force sale of the home. See Exhibit 1 attached hereto and incorporated herein by reference. 2. Plaintiff's response to Defendant's Motion to Open/Strike herein is not a response to the motion to strike-by-paragraph, as no such response is required for a pleading nunc pro- tunc. 3. On July 15, 2011, this Court issued a rule to show cause, granting defendant twenty (20) days to respond to the aforementioned Rule to Show Cause. See Exhibit 2 attached hereto and incorporated herein by reference. 4. As of August 9, 2011, no responsive pleading was filed by Defendant. 5. On or about August 9, 2011, Plaintiff filed a Motion to Make the Rule Absolute. See Exhibit 3 attached hereto and incorporated herein by reference. 6. Defendant filed no response prior to August 9, 2011. 7. On or about August 18, 2011, this Honorable Court issued an Order making the Rule Absolute on Plaintiff's Petition for Forced Sale of the marital Home and Equitable Distribution of the Proceeds Therefrom. See Exhibit 4 attached hereto and incorporated herein. 8. On or about August 25, 2011, Defendant filed a motion to strike. See Exhibit 4 without exhibits attached hereto and incorporated herein by reference. 9. Cumberland County Local Rule 206.4c adopts Pa. Rule of Civil Procedure 206.5 as the procedure governing the rule to show cause. 10. Pennsylvania Rule of Civil Procedure, Rule 206.7, following and part of rule 206.5, clearly states that if an answer is not filed, all averments of fact in the petition may be deemed admitted for the purposes of this subdivision and the court shall enter an appropriate order. Emphasis added. 11. The explanatory comments to Rule 206.7 explains that there is some flexibility with the Court, giving it discretion within the application of this Rule. Those comments also state that "In the case of the failure to file or to timely file an answer, an appropriate order may not necessarily be one which is adverse to the defaulting parry" giving the Court full leeway to do equity. See also Plank et al. v. Monroe County Tax Claim Bureau, 735 A2d 178 (Pa Commw 1999) (Order entered on the basis of facts deemed admitted in the Rule to Show Cause). 12. None of the matters averred by Defendant's counsel in his motion to Open/Strike were unavailable to Defendant prior to the expiration of the days within which to file a response. See Coletti v. PFN Assocs, LLC. 2010 Pa. Commw Lexis 208 (2010). 13. This court is free to accept all the averments of fact as admitted as stated in the plaintiff's Rule to Show Cause, as explained by 206.7 (a). 14. As a practical matter, Plaintiff believes and therefore avers that Defendant does not plan to attend the closing of the real estate, that the real estate sale has been negotiated and completed, and that the two matters which require attention by buyers and sellers have been attended to and that the only item holding up the sale of the marital home is the Motion to Open/Strike before this Court. Because the real estate closing is close at hand, time is of the essence, as stated in the sales agreement executed, as sellers, by both Plaintiff and Defendant. 15. The Honorable Judge Guido has previously presided over these matters. WHEREFORE, Plaintiff requests this court dismiss Defendant's motion to strike/open with prejudice and grant such other relief as it deems appropriate. Respectfully submitted, 4 < W, s Mich ,41 A. Scherer, Esq Attorney ID No. 61974 19 West South Street Carlisle PA 17013 (717) 249-6873 (717) 249-5755 - Fax Counsel for Plaintiff Date: O ?? VERIFICATION I, Mark A. Mateya, verify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: 2 ` 1 Mark A. Mateya C7 N ir I& S ° F COMMON P C? - MARK A. MATEYA, : IN THE COURT O - - -e Plaintiff : CUMBERLAND COUNTY, PE V&N LAM z? r- r- a -Vrrn vs. :NO. 09-3172 2 c C2 PATRICIA ROLAND MATEYA, <° : CIVIL ACTION - LAW xc -° a-n o Defendant : IN DIVORCE a .. V r PLAINTIFF'S MOTION FOR FORCED SALE OF THE MARITAL HOME- AND EQUITABLE DISTRIBUTION OF THE PROCEEDS THEREFROM AND NOW, comes the above-named Plaintiff, Mark A. Mateya, by his attorney, Michael Scherer, Esquire, and seeks to obtain a forced sale of the marital home, and avers the following: An action in Divorce was filed in this Court on May 19, 2009. A copy of said Complaint is attached hereto as Exhibit "A" and is incorporated herein by reference. 2. Plaintiff and Defendant jointly own a property located at 117 Race Street, Boiling Springs, Cumberland County, Pennsylvania (hereinafter "Marital Property"). 3. The Marital Property is encumbered, as against both Plaintiff and Defendant, by a Mortgage and a Home Equity Line of Credit. 4. Defendant resides in the marital home. 5. The mortgage is currently six (6) months in arrears. 6. Defendant has made clear to Plaintiff that she does not wish to retain the marital property as her own. 7. Plaintiff has made clear to Defendant that he does not wish to retain the marital property as his own. Plaintiff was advised by his counsel that Defendant wished to list the marital property for sale. 9. The marital home has not been listed for sale with any realtor. 10. Both Plaintiff and Defendant have been contacted by private parties who are interested in purchasing the marital home. 11. Plaintiff showed the marital property to both prospective buyers on Tuesday, June 21, 2011, at which time both potential buyers made an offer to purchase the marital home. 12. The first potential buyer to offer a bid on the marital property contacted the Defendant and made an offer of $120,000.00 to purchase the marital property in an "as is" condition. 13. The second potential buyer contacted the Plaintiff and made an offer of $131,000.00 to purchase the marital property in an "as is" condition and to pay all of the closing costs of the sellers associated therewith. 14. The second potential buyer has been pre-approved for financing and is ready, willing and able to purchase the marital property. 14. Defendant refuses to sell the marital home at this price 15. Plaintiff and Defendant have spoken to a Realtor who believes the sale price of $131,000.00 to be fair. 16. Defendant now wishes to take steps which would further delay the sale of the house by having the house painted and advertise the sale of the house in the "Mid-Atlantic Fly Fishing" magazine with a firm sale price of $155,000.00. See Exhibit "B" 17. Plaintiff has advised Defendant via e-mail that he does not agree to the costs of painting the marital home nor placing an advertisement in any publications listing the marital 2 home for sale in light of the pending offer. 18. Plaintiff believes that Defendant is stalling. 19. Plaintiff wishes to move the divorce forward, including the disposal of the marital home as described above. 20. Concurrence in this matter was sought from Defendant's counsel of records, Doug Miller, Esq. Attorney Miller has not responded and it is inferred therefrom that he does not concur. 21. No judge has ruled upon other issues in this matter. WHEREFORE, Plaintiff requests This Honorable Court enter an Order appointing the plaintiff as the constructive trustee of defendant's ownership of the marital property in order to facilitate the immediate sale of the marital property to the second prospective buyer under the terms recited herein, with the proceeds to be held in escrow until the final equitable distribution of the marital estate. Respectfully submitted, Michael A Scherer, Esq. Attorney ID No. 61974 19 West South Street Carlisle PA 17013 (717) 249-6873 (717) 249-5755 Fax Attorney for Plaintiff Dated: -7' (o 3 MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. . : NO. 09-3172 r?_- w c? PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW -? Defendant : IN DIVORCE Cn o x r ? -n •c' O "d O'*'1 RULE TO SHOW CAUSEc'_ AND NOW, this day of July, 2011, a Rule to Show Cause is issued upon the Defendant, Patricia Roland Mateya, to show cause why the relief requested in Plaintiff's Petition for Forced Sale of the Marital Home and Equitable Distribution of the Proceeds Therefrom should not be granted. Rule returnable X days from the date of issuance of this Order. BY T RT: J. `? low lailier, iehael A - &41emr, bt OP 7/10 EXHIBIT 3 MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-3172 - _? PATRICIA ROLAND MATEYA, : CIVIL ACTION - LAW -ncv lip -? ? Defendant :IN DIVORCE cC? vr M ..<D w r_5 PETITION TO MAKE RULE ABSOLUTE = =i c D C_ f" -L r`• .? AND NOW, comes Petitioner, Michael Scherer, Esquire, counsel for the Plaintiff, mark-, A. Mateya, and in support avers the following: 1. On July 8, 2011, Petitioner filed a Petition for Forced Sale of the Marital Home in the above-referenced matter. 2. On July 15, 2011, this Honorable Court issued a Rule to Show Cause returnable in twenty (20) days upon Respondent Patricia Roland Mateya by and through her counsel Douglas Miller, Esquire, to show cause why Petitioner's Petition for Forced Sale of the Marital Home should not be granted. 3. The last date for Respondent to file an answer to the Rule to Show Cause was August 5, 2011. 4. To date, no responsive pleadings have been filed by Respondent relating to the Petition for Forced Sale of the Marital Home. WHEREFORE, upon consideration of the foregoing, it is respectfully requested that this Honorable Court; Issue an Order upon Respondent making the Rule Absolute; EXHIBIT 2. Appoint Plaintiff as the constructive trustee of defendant's ownership of the marital property in order to facilitate the sale of the marital home; 3. Direct that the proceeds from the sale of the marital home be held in escrow by Plaintiff's counsel until the final equitable distribution of the marital estate. Respectfully submitted, - AIA(INZ Mic A S erer, Esq- Attornify ID No. 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 (717) 249-5755 - Fax Date: ' (? _ CERTIFICATE OF SERVICE I, Michael A Scherer, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by First Class U.S. Mail, postage prepaid at Carlisle, Cumberland County, Pennsylvania addressed to: Douglas Miller Esquire Irwin & McKnight 60 West Pomfret Street Carlisle PA 17013 Michael A c erer, Esquire 19 West South Street Carlisle PA 17013 Dated: ?Oq MARK A. MATEYA, Plaintiff Vs. PATRICIA ROLAND MATEYA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA A C 3 NO. 09-3172 .0 3 CIVIL ACTION - LAW IN DIVORCE An Z rp ORDER -i fi -c AND NOW,,upon consideration of the foregoing Petition to Make Rule Absolute on Plaintiff's Petition for Forced Sale of the Marital Home and Equitable Distribution of the Proceeds Therefrom, it is hereby Ordered and Decreed +l-'- 1. The Rule is Absolute ft Sale of the Marital Home; A 2. Plaintiff is hereby appoft f defendant's ownership of the marital property in order to facilift __.. , The proceeds from the sale of the marital home shall be held in escrow by Plaintiff's counsel until the final equitable distribution of the marital estate. M ichael A - Sehemr, bo laz miller,Fal CofiaI4N BY THE COURT: Q --r ?m oa -to 0-n rn O?m a ?' 85. Douglas G. Miller, Esquire xs T-. Z IRWIN & McXMGHT, P.C. a: 60 West Pomfret Street Carlisle, PA 17013 ' (717) 249-2353 Attorney for Defendant MARK A. MATEYA, Plaintiff V. PATRICIA ROLAND MATEYA n/k/a PATRICIA DELAAAIF. ROLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 09-3172 CIVIL TERM IN DIVORCE DEFENDANT'S MOTION TO OPEN/STRIIKE PLAINTIFF'S PETITIONS TO MAKE RULE ABSOLUTE and FORCED SALE OF MARITAL HOME AND EOUPTABLE DISTRIBUTION OF AND NOW this 25TH day of August, 2011, comes legal counsel for the Defendant, PATRICIA DELAHIE ROLAND, and respectfully files this Motion to Open/Strike the Plaintiffs Petitions to Make Rule Absolute and for Forced Sale of the Marital Home and Equitable Distribution of the Proceeds Therefrom, and in support thereof avers as follows: 1. On July 8, 2011, the Plaintiff filed a "Motion for Forced Sale of the Marital Home and Equitable Distribution of the Proceeds Therefrom" in the instant divorce action. 2. In that Motion, Plaintiff accurately stated that both parties were interested in selling the marital residence, and that potential buyers had made an offer of $131,000.00. 3. Plaintiff, however, made numerous other misrepresentations in his Motion, including but not limited to the following: a. The mortgage secured by the home being six (6) months in arrears; b. The offer to purchase the property in an "as is" condition; C. The potential buyers' willingness to pay "all of the closing costs of the sellers"; and d. The Defendant's refusal to sell the marital residence at the offered price. EXHIBIT E5 9 4. In reality, Plaintiff had ceased making the mortgage payments on or before May 23, 2010, when he relocated his law office from the marital residence See Defendant's Answer T to Plaintiffs Motion to have Defendant Bring Mortgage of Marital Home Current, filed on August 30, 2010), thereby forcing Defendant to assume said mortgage payments. 5. At the time of filing her Answer on May 23, 2010, however, Plaintiff was in arrears of his APL payments to Defendant by approximately $1,377.95. 6. On November 2, 2010, Defendant filed a Petition for Modification of Alimony Pendente Lite seeking an increase in the payments from Plaintiff, in part to be able to continue to make the mortgage payments on the marital residence. 7. Defendant in fact has made multiple payments on the parties' mortgage, continuing through the current year, and furthermore had applied for credit counseling and for relief under the Homeowners Emergency Mortgage Assistance Program (HEMAP) in order to preserve the marital asset, in spite of the Plaintiff s delinquent APL payments. 8. In addition, at the time of the filing of Plaintiffs Motion, Defendant was actively seeking other competitive offers to purchase the marital residence, and thereby secure the highest possible value for the marital asset. 9. On July 26, 2011, Defendant in fact signed the written purchase offer to sell the marital residence in the amount of $131,000.00. A true and correct copy of the signed Agreement of Sale is attached hereto and incorporated herein as Exhibit "A." 10. According to Paragraph 4(C) of Exhibit "A," in addition to the purchase price the buyers agreed to pay closing costs "not to exceed $2,000.00." 11. According to Paragraph 11 of Exhibit "A," the buyers elected to have a home inspection, wood infestation report, radon testing, water testing, on-lot sewage inspection, property insurance report, property boundary review, deed restriction and zoning investigation, and lead-based paint inspection. 12. According to Paragraphs 12 and 21 of Exhibit "A," the contract is contingent upon satisfactory resolution of all elected inspection issues. 2 %I I 13. The contract is clearly not one where the buyers are accepting the property "as is" and agreeing to pay "all of the closing costs of the sellers" as misrepresented by Plaintiff. 14. Plaintiff then further misrepresented the case in filing his Petition to Make Rule Absolute on August 9, 2011. 15. No where in Plaintiffs Petition to Make Rule Absolute does Plaintiff represent to the Court that Defendant had already signed a written contract to sell the marital residence. 16. No where in Plaintiffs Petition to Make Rule Absolute does Plaintiff represent to the Court that settlement on the sale of the marital residence is to be held on or before September 1, 2011. 17. No where in Plaintiffs Petition to Make Rule Absolute does Plaintiff disclose that the parties were scheduled for a hearing before the Divorce Master on August 12, 2011, a mere three (3) days after the filing of his Petition. 18. And no where does Plaintiffs Petition to Make Rule Absolute indicate that advance notice was provided to the undersigned legal counsel, as in fact no such notice was provided. 19. Plaintiffs form Order was subsequently signed by the Honorable Edward Guido on August 18, 2011. 20. In fact, the parties reached a verbal agreement in the divorce action in the Divorce Master's Office on August 12, 2011, including an agreement on the proceeds of the sale of the marital residence. A true and correct copy of an email confirmation of the settlement from Plaintiffs attorney dated August 12, 2011, is attached hereto and incorporated herein as Exhibit «B » 21. As outlined in Exhibit "B," the parties agreed that the undersigned legal counsel was to exclusively "handle the sale of the marital residence." , 22. Contrary to the agreement of the parties, however, Plaintiff and his legal counsel have continued to interfere with sale of the marital residence, including but not limited to 3 l ordering work to be performed at the property, thereby reducing the amount of sale proceeds available to Defendant. 23. Plaintiffs repeated pattern of behavior in this case is arbitrary, capricious, vexatious, and without good cause, and in breach of the written and verbal agreements of the parties. 24. Plaintiff's continued interference with the sale the parties' marital residence, when he has already verbally agreed to waive any interest in the proceeds of sale, is arbitrary, capricious, vexatious, and without good cause. 25. Defendant, by reason of the Plaintiffs arbitrary, capricious, and vexatious actions, has and will continue to incur significant additional attorney fees in an amount yet to be determined. 26. Said additional attorney fees will significantly reduce the value of Defendant's share of the marital estate, without good cause or justification. 27. It is believed and therefore averred that Plaintiffs actions outlined above are primarily undertaken to bully and harass Defendant. 28. Defendant believes and therefore avers that Plaintiff should not be named as a constructive trustee by virtue of the actions and misrepresentations outlined above. 29. Furthermore, Defendant believes and therefore avers that Plaintiff has established a pattern during the course of their marriage that should prevent him from being named as constructive trustee. 30. Plaintiff has previously failed to file personal and business income tax returns, resulting in at least one (1) tax lien being filed by the Pennsylvania Department of Revenue at Cumberland County Docket No. 2008 - 3730. A true and correct copy of the recorded tax lien is attached hereto and incorporated herein as Exhibit "C." 31. Plaintiffs failure to file personal and business income tax returns has also previously resulted in the issuance of multiple letters from the Pennsylvania Department of Revenue and IRS, including attempts to levy the accounts of the parties. True and convect copies 4 %. f of notices from the IRS dated April 20, 2009, and the Pennsylvania Department of Revenue dated December 9, 2009, are attached hereto and incorporated herein as Exhibit "D." T 32. It is for all of the reasons outlined above, that Defendant requests that the Order of this Court dated August 18, 2011, be stricken immediately, and that a hearing in this matter be scheduled to determine what additional relief, including attorney fees, should be awarded to the Defendant. WHEREFORE, legal counsel for Plaintiff respectfully requests that the Order dated August 18, 2011, be stricken, that this matter be opened, and that a hearing be held to review this matter and determine what additional relief, including attorney fees, should be awarded to Defendant. Respectfully Submitted, IRWIN & McEMGHT, P.C. Douglas G. ' er, squire Supreme CCOVit I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: August 25, 2011 5 a • VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 P&C.S.A. Section 4904, relating to unsworn falsification to authorities. 1 PATRit DELAAAIE GLAND Date: ARMSE-25. 2011 CERTIFICATE OF SERVICE I, Michael A Scherer, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by First Class U.S. Mail, postage prepaid at Carlisle, Cumberland County, Pennsylvania addressed to: Douglas Miller Esquire Irwin & McKnight 60 West Pomfret Street Carlisle PA 17013 44AL Michae A S erer, Esquire 19 West South Street Carlisle PA 17013 Dated: 0 39 ' MARK A. MATEYA, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No. 2009 - 3172 CIVIL TERM PATRICIA ROLAND MATEYA n/k/a PATRICIA DELAHAIE ROLAND, Defendant IN DIVORCE ORDER OF COURT AND NOW, this A??day of , 2011, upon consideration of the Defendant's Motion to Open/Strike, t ' y stricileen-a"+a hearing is scheduled for 11, in Courtroom No. 3, at ourthous , ne Courthouse Square, Carlisle, it ODD o'clock A.m., Cumberland Co ftO' Pennsylvania 17013. BY THE COURT Edward E. Guido, Judge cc: /Michael Scherer, Esquire ?/ Douglas G. Miller, Esquire C'ep;rs A?y `. VjN,4AjxsNN3d xiNnno ONV10awno I :g w? I - d3S 110Z 30I?dv-03??3 3 MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : No. 2009 - 3172 CIVIL TERM 5 --i PATRICIA ROLAND MATEYA n/k/a rnm PATRICIA DELAHAIE ROLAND,o -.o rn Defendant IN DIVORCES C-) EMERGENCY PETITION FOR SPECIAL RELIEF F- c w c3m AND NOW, this 8TH day of September, 2011, comes the Petitioner, PATRICIA DELAHAIE ROLAND, by and through her attorneys, Irwin & McKnight, P.C., and pursuant to Rule 1920.43 makes the following Emergency Petition for Special Relief against the Respondent, MARK A. MATEYA, averring as follows: 1. Petitioner is Patricia Delahaie Roland, an adult individual whose current mailing address is 117 Race Street, Boiling Springs, Cumberland County, Pennsylvania, the marital residence of the parties. 2. Respondent is Mark A. Mateya, an adult individual who uses as his mailing address, 55 West Church Avenue, Carlisle, Cumberland County, Pennsylvania, the address of his law practice. 3. Petitioner and Respondent are husband and wife, having been married on September 18, 1982. 4. On or about May 19, 2009, Respondent instituted the above-captioned divorce action. 5. On or about May 23, 2010, Respondent chose to permanently move himself and his law practice from the marital residence. 6. Petitioner filed for Alimony Pendente Lite on August 5, 2009, as Respondent had fallen behind on the payment of household bills and expenses, Petitioner had undergone cancer treatment, and Petitioner was unable to sufficiently support herself. 7. On September 4, 2009, and Order of Court was entered by agreement of the parties for Respondent to pay Petitioner monthly APL in the amount of $550.00. 8. By agreement of the parties, Respondent was also to continue to pay all of the usual and customary household expenses, the ballet expenses for the parties' minor child, and maintain health insurance coverage for both Petitioner and their minor child. 9. Respondent sought a decrease in his monthly APL payments by Petition filed March 4, 2010, which Petition was denied by Order dated June 11, 2010. 10. On November 2, 2010, Petitioner filed to modify the APL payments on the basis that Respondent had unilaterally ceased paying the household expenses, including the mortgage payments, utilities, car insurance, and related expenses. 11. The parties again reached an agreement with regard to the monthly APL payments, with Respondent's payments increasing to $650.00 per month pursuant to an Order of Court dated February 2, 2011. 12. Throughout the parties' marriage and specifically since 2009, Respondent has provided health insurance coverage for himself, Petitioner, and the parties' minor child. 13. Respondent has recently unilaterally removed Petitioner, or by his actions has caused the cancellation of the health insurance coverage effective on September 27, 2011. 14. Petitioner has recently learned of a recurrence of her cancer, has been undergoing radiation treatment, and expects to also require chemotherapy and various other serious and expensive cancer treatments. 15. Petitioner does not have other health insurance or prescription drug coverage available except at considerable expense. 16. Immediate and irreparable harm will be caused by Respondent's removal of Petitioner from the health insurance coverage, and Petitioner does not otherwise have an adequate remedy at law. 17. The removal of Petitioner's health insurance coverage will be particularly egregious in this matter as Petitioner has serious medical conditions that require regular 2 medications, treatment, and prescriptions, and Petitioner does not otherwise have insurance coverage available except at considerable expense. 18. Furthermore, with the imminent sale of the parties' marital residence and Order issued on this date with regard to the sale of the marital residence, the Petitioner is likely to incur significantly more attorney fees and expenses to defend her interests in this matter and is unable to support herself in the lifestyle to which she has been accustomed during the marriage of the parties. 19. As a direct result of the Respondent's actions in this matter, the Petitioner is in need of an increase in the alimony pendente lite payments to support and maintain herself, pay her legal and other expenses, and defend the divorce action filed at the above docketed number in the Court of Common Pleas of Cumberland County. 20. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner, maintain her health insurance coverage, and to pay alimony pendente lite. 21. The Respondent is self-employed as an attorney and upon information and belief has a regular net monthly income of approximately $5,000.00, as well as dividends and other financial benefits from his law practice of which he is the sole owner. 22. Counsel for the Respondent, Michael A. Scherer, Esquire, was given advance notice of the filing of the instant Petition, and without a formal response it is presumed that he is opposed to the requests contained herein. 23. The Honorable Edward E. Guido has most recently been assigned to proceedings held in this matter. WHEREFORE, the Petitioner, Patricia Delahaie Roland, respectfully requests this Honorable Court to enter an Order directing Respondent to maintain Petitioner's health insurance coverage during the pendency of the divorce, as well as award her an increase in alimony 3 pendente lite payments, and direct Respondent to pay any costs, including reasonable attorney fees, incurred by Petitioner as a result of any absence of health insurance coverage. Respectfully submitted, IRWIN & McKNIGHT, P.C. I 'A.6, By: Douglas G. er, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 September 8, 2011 Attorney for Defendant/Petitioner 4 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. PA CIA A. MATEYA Date: spy emh r S. 2Q1 t f MARK A. MATEYA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW : No. 2009 - 3172 CIVIL TERM PATRICIA ROLAND MATEYA n/k/a PATRICIA DELAHAIE ROLAND, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Emergency Petition for Special Relief was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: MICHAEL, A. SCHERER, ESQUIRE BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 IRWIN & McKNIGHT, P.C. Douglas G iIler, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendant/Petitioner Date: September 8, 2011 MARK A. MATEYA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-3172 CIVIL TERM PATRICIA ROLAND MATEYA, n/k/a PATRICIA DELAHIE ROLAND, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 8th day of September 2011, the Petition to Strike Our Order of August 18, 2011, is DENIED. Provided, however, that our Order is amended to provide that all proceeds from the sale of the home to Mr. and Mrs. March shall be held in escrow by Douglas Miller, Esquire. By the Court, Edward E. Guido, J. Michael Scherer, Esquire For the Plaintiff Oopies ? Mwjd Douglas G. Miller, Esquire ollf For the Defendant 096 srs At Cam, W C z -urn 'U ko - 6 =C 0-n --A cn ?? CD ?.? I .1% 11 MARK A. MATEYA, Plaintiff V. PATRICIA ROLAND MATEYA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA NO. 2009-3172 CIVIL TERM zM -V CIVIL ACTION-LAWS ,, IN DIVORCE , , c-s :x ORDER OF COURT {tea AND NOW, this edy of September, 2011, at X01 *."/p.m. upon consideration of the attached Motion, Douglas Miller, Esquire, is directed to: Furnish Michael A. Scherer, Esquire the deed in his possession which has been signed by Defendant relative to the property at 117 Race Street, Boiling Springs; and Furnish Michael A. Scherer, Esquire a check for $4,000.00 payable to "Duncan and Hartman" representing the down money paid by the Marches to Douglas Miller, Esquire, for the purchase of 117 Race Street. C:' Delivery of said items to be made within twenty four hours of the date and time of this Order. THE COUR , Edward E. Guido, J. ? Michael A. Scherer, Esquire 69 0m)- 19 Baric Scherer LLC West South Street (f a I Carlisle Pennsylvania 17013 I Douglas G. Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013 3 MARK A. MATEYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : No. 2009 - 3172 CIVIL TERM IN DIVORCE 3 V. PATRICIA ROLAND MATEYA n/k/a PATRICIA DELAHAIE ROLAND, Defendant ORDER OF COURT AND NOW, this day of 2011, upon consideration of the attached Petition/ for Special RPlief_ a hearing is hereby scheduled for ?b 2011, in Courtroom No. 3, at /t• 36) o'clock A m., Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Pending the outcome of the hearing scheduled above, Plaintiff is directed to continue to pay for and maintain the existing health care insurance and prescription drug coverage for the Defendant. BY THE C EDWARD E. GUIDO, JUDGE . n ? <`> -,, cc: / Michael A. Scherer, Esquire p,5 ,Douglas G. Miller, Esquire C'oP` a -o _V M 1 T' cn -r --? -? (D-n C ;?-_ ? w -G MARK A. MATEYA, Plaintiff/Respondent VS. PATRICIA DELAHIE ROLAND, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA CIVIL ACTION - DIVORCE NO. 09-3172 CIVIL TERM _ IN DIVORCE --' _ PACSES CASE: 471111060 z=' r`? n { 7 f C:) G ORDER OF COURT L c co AND NOW, this 18th day of October, 2011, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2347.50 and the Respondent's monthly net income/earning capacity is $ 4762.12, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred Seventy-six and 00/100 Dollars ($ 776.00) per month payable monthly as follows: $ 706.00 per month for Alimony Pendente Lite and $ 70.00 per month on arrears. First payment due in accordance with the Respondent's pay schedule. The effective date of the order is September 8, 2011. Arrears set at $ 371.44 as of October 18, 2011. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Patricia Delahie Roland. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the spouse that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by Respondent and 100 % by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. It is further Ordered that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by 0% a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Other conditions: This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. Mailed copies on: OCT 18 2011 Petitioner Respondent Douglas G. Miller, Esq. Michael A. Scherer, Esq. DRO: R.J. Shadday BY THE COURT 'FILED-OFFICE a T,?E 11ROTH0,NOTAiRY MARRIAGE SETTLEMENT AGREEMENT20I I DEC 28 AM 8: 21 CUMBERLAND COUNTY PENNSYLVANIA THIS AGREEMENT made this day of December, 2011, by and between PATRICIA DELAHAIE ROLAND, (hereinafter referred to as "WIFE") and MARK A. MATEYA, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 18, 1983, and a Complaint in Divorce was filed by HUSBAND on or about May 17, 2009; and WHEREAS, diverse, 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, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: WIFE is represented by Douglas G. Miller, Esquire of Irwin & McKnight, P.C.; HUSBAND is represented by Michael Scherer, Esquire of Baric & Scherer. 2 (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or an exchange of assets. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony, except as otherwise set forth in this Agreement. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and 3 obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The marital property located at 117 Race Street, Boiling Springs, Cumberland County, Pennsylvania, 17007 was sold on or about September 28. 2011. HUSBAND and WIFE hereby certify that they do not own any other real estate in their joint names. WIFE hereby waives all right, title and interest which she may have in any real property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the real property of WIFE. The proceeds from the sale of the marital residence, being in the amount of $26,659.14, were placed in an escrow account by WIFE'S legal attorney pursuant to a prior Order of Court. HUSBAND waives all right, title, and interest to the proceeds from said account, and WIFE shall retain said escrow funds, and any and all interest accrued thereon. In addition to the escrowed proceeds identified above, and in consideration of other waivers and concessions by WIFE specified herein, HUSBAND agrees to pay to WIFE the sum of Seven Thousand and no/100 Dollars ($7,000.00), which amount shall be paid in full within fifteen (15) days of the date of this Agreement. Furthermore, as HUSBAND did not make any mortgage payments in the year 2011 toward the primary mortgage obligation in favor of PSECU and secured by the marital residence, WIFE shall be entitled to claim for tax purposes all interest payments credited by PSECU for 2011. As WIFE did not make any mortgage payments toward the secondary mortgage obligation in favor of PNC Bank, HUSBAND shall be entitled to claim for tax purposes all interest payments credited by PNC Bank in 2011. 4 8. SUPPORT: In recognition of the criteria set forth in 23 Pa.C.S.A. § 3701, et. seq., commencing upon the divorce of the parties, HUSBAND shall pay to WIFE alimony in the amount of One Thousand and no/100 Dollars ($1,000.00), commencing on January 1, 2012. Said monthly amount shall be modifiable in the event of changed circumstances of either party and shall terminate in the event of either party's death, WIFE'S cohabitation as defined by the Divorce Code, or WIFE'S remarriage. The alimony paid by HUSBAND is deductible by him for income tax reporting purposes, and is includable as income to WIFE for tax reporting purposes. 9. PERSONAL PROPERTY: The parties agree either that the personal property has been divided to the parties' mutual satisfaction, or that they are waiving any rights that they may have with regard to the personal property in the possession of the other party. WIFE hereby waives all right, title, and interest that she may have in any personal property in the possession of the HUSBAND. HUSBAND likewise waives any right, title, and interest that he has in the personal property in the possession of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: The parties agree that the automobiles have been divided to the parties' mutual satisfaction, with each party keeping any vehicles currently in their possession. 5 The parties agree to execute any and all vehicle titles and documentation necessary to effectuate the terms of this paragraph. WIFE hereby waives all right, title, and interest in any vehicle that HUSBAND currently owns or any vehicle he may own in the future. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or any vehicle that she may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of filing of the Divorce Complaint. WIFE represents and warrants to HUSBAND that since that time she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of filing of the Divorce Complaint. HUSBAND represents and warrants to WIFE that since that time he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the 6 execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. HUSBAND shall also assume all liability for and indemnify WIFE against any responsibility for any and all student loan debt incurred or guaranteed by HUSBAND, including but not limited to his law school student loan debt having a recent balance due in the amount of $48,572.00. Each party shall be responsible for the payment of their own credit card or cards and indemnify and hold harmless the other party from said balances, if any. 12. BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. The parties further agree that WIFE shall waive all right, title and interest in the banking accounts in HUSBAND'S name. The parties further acknowledge that they have already divided various bank accounts to their mutual satisfaction. 13. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title, and claim to HUSBAND'S insurance and employee benefits, specifically including HUSBAND'S retirement account with Reed Elsevier having a recent value of $29,286.53 and an IRA with State Farm Insurance with an approximate value of $3,000.00, and HUSBAND waives all right, title, and claim to any of WIFE'S insurance and employee benefits. HUSBAND represents that he has continued to pay health insurance premiums for WIFE in accordance with the Order of Court issued in this matter dated on or about September 26, 2011, and shall ensure continued health insurance coverage for WIFE until the entry of a final divorce decree in this matter. 14. BUSINESS PROPERTY: The parties acknowledge that HUSBAND is the sole owner of that business entity known as Mateya Law Firm, P.C., and WIFE waives all right, title, and interest in said business. 15. BANKRUPTCY: The parties represent that, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. The parties also specifically agree that the payments called for in this Agreement are not intended to be a debt which are affected by a discharge in bankruptcy. Therefore, those debts shall not be discharged in bankruptcy. In the event that, at any time prior to HUSBAND'S fulfillment of all of the financial obligations set forth in this Agreement, he declares personal bankruptcy, as a result of which, WIFE does not receive all of the payments provided for in this Agreement, she shall have the option of moving for the termination of any automatic stay and enforcing the terms of this Agreement. HUSBAND agrees to consent to any motion filed by WIFE with the bankruptcy courts, wherein she may also request that the bankruptcy courts abstain from deciding the dischargeability of this obligation and any other obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 16. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary 8 to obtain the divorce. Any party who fails to cooperate with obtaining the divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 17. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 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 or any other remedies 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 pendente lite, counsel 9 fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 24. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, 10 acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: foy"- Uda?k (SEAL) P TRICIA DELAHAIE ROLAND ?v"l ? . L'c SEAL MARK A. MATEY COMMONWEALTH OF PENNSYLVANIA . I ( SS: COUNTY OF C 11 PERSONALLY APPEARED BEFORE ME, this c) 3 day of 2011, a Notary Public, PATRICIA DELAHAIE ROLAND (or satisfactori r_oy?n) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand an 'o ia1?eal. COMMON M&„H OF POPP& IA Notarial Seal Moot L. NOW. notary PtA* No P blic cwwe am, Cumber wd Gwaty My co m *lw Sept 18, 2015 NCiIBER, p9ffiMVAW 1lSSOC[ TM OF NOTARMS 11 COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF [I ,m $tp-tAA 1b )ek PERSONALLY APPEARED BEFORE ME, this day of A?a-?Jt1 2011, a Notary Public, MARK A. MATEYA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Frances A. Aumilier, Notary Public South Middleton Up., Cumberland County My Commission Expires Mardi 16, 2014 Member, Pennsylvania Association of Notaries 12 MARK A. MATEYA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW PATRICIA ROLAND MATEYA, a/k/a n PATRICIA DELAHAIE ROLAND NO. 09-3172 rf.tcu Defendant =rn IN DIVORCE ac6 C3 PRAECIPE TO TRANSMIT RECORD r? --f a° TO THE PROTHONOTARY: -mot C D Transmit the record, together with the following information, to the Co%rt f6r entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was served by the constable on June 22, 2009. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on September 20, 2011; and Defendant on August 12, 2011. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: Parties Marital Settlement Agreement dated December 23, 2011 is incorporated but not merged herein as a final order of court. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. Defendant on August 12, 2011 and Plaintiff on September 20, 2011. Respectfully submitted, 10?w? Micha I A. Scherer, Esquire aR -3. a CF THE FIL P OTHONOTARY 2611 DEC 28 AK 8, 2 ! MARRIAGE SETTLEMENT AGREEMENT CUMBERLAND COUNTY PENNSYLVANIA THIS AGREEMENT made this ? day of December, 2011, by and between PATRICIA DELAHAIE ROLAND, (hereinafter referred to as "WIFE") and MARK A. MATEYA, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 18, 1983, and a Complaint in Divorce was filed by HUSBAND on or about May 17, 2009; and WHEREAS, diverse, 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, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or an exchange of assets. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony, except as otherwise set forth in this Agreement. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and 3 obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The marital property located at 117 Race Street, Boiling Springs, Cumberland County, Pennsylvania, 17007 was sold on or about September 28. 2011. HUSBAND and WIFE hereby certify that they do not own any other real estate in their joint names. WIFE hereby waives all right, title and interest which she may have in any real property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the real property of WIFE. The proceeds from the sale of the marital residence, being in the amount of $26,659.14, were placed in an escrow account by WIFE'S legal attorney pursuant to a prior Order of Court. HUSBAND waives all right, title, and interest to the proceeds from said account, and WIFE shall retain said escrow funds, and any and all interest accrued thereon. In addition to the escrowed proceeds identified above, and in consideration of other waivers and concessions by WIFE specified herein, HUSBAND agrees to pay to WIFE the sum of Seven Thousand and no/100 Dollars ($7,000.00), which amount shall be paid in full within fifteen (15) days of the date of this Agreement. Furthermore, as HUSBAND did not make any mortgage payments in the year 2011 toward the primary mortgage obligation in favor of PSECU and secured by the marital residence, WIFE shall be entitled to claim for tax purposes all interest payments credited by PSECU for 2011. As WIFE did not make any mortgage payments toward the secondary mortgage obligation in favor of PNC Bank, HUSBAND shall be entitled to claim for tax purposes all interest payments credited by PNC Bank in 2011. 4 8. SUPPORT: In recognition of the criteria set forth in 23 Pa.C.S.A. § 3701, et. seq., commencing upon the divorce of the parties, HUSBAND shall pay to WIFE alimony in the amount of One Thousand and no/100 Dollars ($1,000.00), commencing on January 1, 2012. Said monthly amount shall be modifiable in the event of changed circumstances of either party and shall terminate in the event of either party's death, WIFE'S cohabitation as defined by the Divorce Code, or WIFE'S remarriage. The alimony paid by HUSBAND is deductible by him for income tax reporting purposes, and is includable as income to WIFE for tax reporting purposes. 9. PERSONAL PROPERTY: The parties agree either that the personal property has been divided to the parties' mutual satisfaction, or that they are waiving any rights that they may have with regard to the personal property in the possession of the other party. WIFE hereby waives all right, title, and interest that she may have in any personal property in the possession of the HUSBAND. HUSBAND likewise waives any right, title, and interest that he has in the personal property in the possession of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: The parties agree that the automobiles have been divided to the parties' mutual satisfaction, with each party keeping any vehicles currently in their possession. 5 The parties agree to execute any and all vehicle titles and documentation necessary to effectuate the terms of this paragraph. WIFE hereby waives all right, title, and interest in any vehicle that HUSBAND currently owns or any vehicle he may own in the future. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own., and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or any vehicle that she may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. 11. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of filing of the Divorce Complaint. WIFE represents and warrants to HUSBAND that since that time she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of filing of the Divorce Complaint. HUSBAND represents and warrants to WIFE that since that time he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the 6 execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. HUSBAND shall also assume all liability for and indemnify WIFE against any responsibility for any and all student loan debt incurred or guaranteed by HUSBAND, including but not limited to his law school student loan debt having a recent balance due in the amount of $48,572.00. Each party shall be responsible for the payment of their own credit card or cards and indemnify and hold harmless the other party from said balances, if any. 12. BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. The parties further agree that WIFE shall waive all right, title and interest in the banking accounts in HUSBAND'S name. The parties further acknowledge that they have already divided various bank accounts to their mutual satisfaction. 13. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title, and claim to HUSBAND'S insurance and employee benefits, specifically including HUSBAND'S retirement account with Reed Elsevier having a recent value of $29,286.53 and an IRA with State Farm Insurance with an approximate value of $3,000.00, and HUSBAND waives all right, title, and claim to any of WIFE'S insurance and employee benefits. 7 HUSBAND represents that he has continued to pay health insurance premiums for WIFE in accordance with the Order of Court issued in this matter dated on or about September 26, 2011, and shall ensure continued health insurance coverage for WIFE until the entry of a final divorce decree in this matter. 14. BUSINESS PROPERTY: The parties acknowledge that HUSBAND is the sole owner of that business entity known as Mateya Law Firm, P.C., and WIFE waives all right, title, and interest in said business. 15. BANKRUPTCY: The parties represent that, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. The parties also specifically agree that the payments called for in this Agreement are not intended to be a debt which are affected by a discharge in bankruptcy. Therefore, those debts shall not be discharged in bankruptcy. In the event that, at any time prior to HUSBAND'S fulfillment of all of the financial obligations set forth in this Agreement, he declares personal bankruptcy, as a result of which, WIFE does not receive all of the payments provided for in this Agreement, she shall have the option of moving for the termination of any automatic stay and enforcing the terms of this Agreement. HUSBAND agrees to consent to any motion filed by WIFE with the bankruptcy courts, wherein she may also request that the bankruptcy courts abstain from deciding the dischargeability of this obligation and any other obligations to her hereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 16. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary 8 to obtain the divorce. Any party who fails to cooperate with obtaining the divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 17. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 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 or any other remedies 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 pendente lite, counsel 9 fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 24. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, 10 acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: f (SEAL) P TRICIA D LAHAIE R LAND (SEAL) MARK A. MATEY COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF e3 PERSONALLY APPEARED BEFORE ME, this CDs day of O'? 2011, a Notary Public, PATRICIA DELAHAIE ROLAND (or satisfactorily p`toven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand a9d off cial seal. ?TM YAW see Notary P b is PNOW i t4w tjotvy c?,ounri cww Boas' . 18 2015 WOWS, ve ?? ??oro OF ?? 11 I . COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF e u rn 8r f-LA Wb PERSONALLY APPEARED BEFORE ME, this gZAay of Apzt ? , 2011, a Notary Public, MARK A. MATEYA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .t?,fc?,? o J ?. hJ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial .deal Frances A. Aumlller, Notary Public South Middieton Twp., Cumbertand County My Commission Expires March 16, 2014 Member, Pennsylvania Association of Notaries 12 MARK A. MATEYA, Plaintiff V. PATRICIA ROLAND MATEYA n/k/a PATRICIA DELAHAIE ROLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA n : CIVIL ACTION -LAW CIE 2009 - 3172 CIVIL TERM : No . ' rn- z= r ro o*t xTc:; IN DIVORCE Dt"> O-n ORDER OF COURT on D cn C3 AND NOW, this .2 V day of A-.u,,Gtr , 2011, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated December 23, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Michael Scherer, Esquire Attorney for Plaintiff Douglas Miller, Esquire Attorney for Defendant OOP ie'5 la. 4b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. MATEYA V. PATRICIA DELAHAIE ROLAND DIVORCE DECREE AND NOW, 2JeAa A,-- ZS • , Zo it , it is ordered and decreed that MARK A. MATEYA , plaintiff, and PATRICIA DELAHAIE ROLAND , 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.") Parties Marital Settlement Agreement dated December 23, 2011 is incorporated but not merged herein as a final order of court. No. 2009-3172 By the Court, Oer f 4v rradai a Scherer ocpc + IUoiiee mailed -6 a#q Millet- MARK A. MATEYA, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE 7 °..: NO. 09-3172 CIVIL TERM rncv ? PATRICIA DELAHIE ROLAND, IN DIVORCE iR= ca Defendant/Petitioner PACSES Case No: 471111060 ?z 3 ORDER OF COURT y, N AND NOW to wit, this 13th day of February, 2012, it is hereby Ordered that pursuant to the parties' divorce decree of December 29, 2011, the alimony pendente lite order is terminated, effective January 1, 2012. The alimony pendente lite account is closed with a credit of $2,262.56. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: , * X4 Ke.sK A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Douglas G. Miller, Esq. Michael A. Scherer, Esq. Form OE-001 Service Type: M Worker: 21005