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HomeMy WebLinkAbout04-6329 JULIE E. MATHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 64- ~ 3,)9 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE DAVIS MATHEWS, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 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 Countv Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 Telephone: (717) 249-3166 -II fl\div\mathewsJ~ldavcomp.wpd JULIE E. MATHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 Ii . (;3:l/i DAVIS MATHEWS, Defendant CIVIL ACTION LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301 (c)OR 3301 (d) 1. The Plaintiff in this action is JULIE E. MATHEWS, an adult individual, who currently resides at 1618 Lowell Lane, Lower Allen Township, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant in this action is DAVIS MATHEWS, an adult individual, who currently resides at 310 Greenleaf Road, York, Penn- sylvania, 17402. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 17, 1996, in London, Ontario. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is -1- 'II irretrievably broken. 7. The Plaintiff avers that no children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. ~4904, relating to unsworn falsification to authorities. jM~>to/1~ JULIE E. MATHEWS Date: ICJ.../U.Jl!Ol{. .~ / .- SHEKLETSKI " E for Plaintiff -2- (') ,......" () (7~-:::' ';.:-. ~2 --n ~ c:! .~, ~~,~, ' ; , ~ "'i' '/ c::; p () j CJ~~ ; \~-? e ~ \. ,'1: -,", , . ....<.. lI< '. ~ ~" ; (,) i.0 - ~ 'J'-J ~ _c- ool; C- s> c: " ..r.. "" V7 0 ~ . t 1 \di v\ lmailsrv. arE JULIE E. MATHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6329 CIVIL TERM DAVIS MATHEWS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone La Faver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, DAVIS MATHEWS, at 310 Greenleaf Road, York, PA 17402, by United States Certified Mail, postage prepaid, restricted delivery, on December 21, 2004, as evidenced by the attached Certified Mail receipt and verification by the U.S. Postal Service indicating receipt by Defendant on December 21, 2004. ? /' ./ B. STONE at Law / ") // i , SWORN TO AND SUBSCRIBED before me this ~("i'\-day,/ of 1\ ,2005. OOMMONWEAllH Of PENNSYLVANIA NOTARIAL SEAl ICATtlLEEN KEIM, Notary Public Nnt ClImberland Boro. Cumberland Co. My CommissIon Expires Oel:, 5, 2006 US Postal Service 4/21/2005 14:46 PAGE 001/001 Fax Server I ~ UNITED STIlTES I!.a POSTIJL SERVICE~ Date: 04/21/2005 Fax Transmission To: TOM BROWN Fax Number: 717-774-5812 Dear: TOM BROWN: The following IS in response to your 04/21/2005 request for delivery information on your Certified item number 7099 3220 0007 0901 8548, The delivery record shows that this item was delivered on 12/21/2004 at 04:39 PM in YORK. PA 17404, The scanned image of the recipient information is provided below. . . UBllvery "'Bcoon 5\9"''"'' of R"'","I. ~7 / I' ''''1' .::1-/'" ~ --------------.--.- , j) J-vl > A1A.:f1-1 t/+ ... ~M;t~ ~~y ~)'{:)\ ~ '7 ~)\ C;\ 200~ J", J>) ....\'-.. J./, ,'" ';/' '__c"; . - .y.'. .~;/ Address of Recipient: -------------__0___- 310 C..../'ZercN'vL.;...,+rc Thank you for selecting the Postal Service tor your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely United States Postal Service U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall DUlY.: ~o Insurance Coverage ProvIded) <0 ;:r- L1') YORK PA 17402 <0 ,.., o C- D Postage $ $0.60 Certified Fee Return Receipt Fee (Endorsement Required) .......---~ -t:''(: D~n~ '-"; (j~:,l ~~~ ~~'~~ :'3 ("') ~:.;, ".~". ,..., ~ c;;;> c..... "'l'O' :::() ~ ", 0' -0 =r: o -n :::;J,-n fnr::::. -nP:: "'DY ()i') ~~~1.~ ;:-'"'~rrl ::-~:'l ,- ,C'J ::<: <2 N U1 fl \div\MATHEWS, JULIE-affofconsent JULIE E. MATHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6329 Defendant CIVIL ACTION - LAW IN DIVORCE DAVIS MATHEWS, AFFIDAVIT OF CONSENT 1. A complaint in divorce under 5 3301(c) of the Divorce Code was filed on December 16, 2004, and served on December 21, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in Litis affidavit are true ~ , dUu correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsi fica- tion to authorities. Date A~\ ~ . )ocs ~,~/?<I"}i~_ /"-7 6-' JULIE E. MATHEWS, Plaintiff 'C?J {~~1 c::-~ (..1\ ..-'-: -,..- :;:0:. ",I .-- - 0.9 ~. - -- v: - fl\div\MATHEWS, JULIE-affofconsent JULIE E. MATHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6329 Defendant CIVIL ACTION - LAW IN DIVORCE DAVIS MATHEWS, AFFIDAVIT OF CONSENT 1. A complaint in divorce under g 330l(c) of the Divorce Code was filed on December 16, 2004, and served on December 21, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees 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 are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsifica- tion to authorities. A:rl \ -;).~ J.oo~; Date -) Ii [t- " DA Defendant r" C) t::::-'> ''1, c:~) cP _'f" S-;', _\~. -- .....0 -- -- 0--, ~ - fl\div\MATHEWS, JULIE-waiverafnotice JULIE E. MATHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6329 Defendant CIVIL ACTION LAW IN DIVORCE DAVIS MATHEWS, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 5 4904 relating to unsworn falsi fica- tion to authorities. oke~i, \J~ . doD'5" Date ,-, S:; :.'h 'of, -,.". ~~ """. '-C (J. fl\div\MATHEWS, JULIE-waiverofnotice JULIE E. MATHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6329 Defendant CIVIL ACTION LAW IN DIVORCE DAVIS MATHEWS, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER f; 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 understalld that. f?lse stat.ement,s her,,;i n ar'> made sl1l:'ject to the penalties of 18 Fa. C.S. 5 4904 relating to unsworn falsifica- tion to authorities. j)~I~ v DAVIS MATHEWS, Defendant 11 n {J ;;! G, . J. ttlS" ~ ...., C? ,:::;:) c..n C) -=j'l .-, 'T' I'll -- . -c \.0 cJ; fl \agm\MATHEWS JULIE. 4-01-04 AGREEMENT THIS AGREEMENT, made this ~ day of JJfJr / ( , , 2004, by and between JULIE E. MATHEWS, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and DAVIS MATHEWS, of Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"); WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on August 17, 1996, in London, Ontario, Canada; and WHEREAS, no children has been born of this marriage; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of therr natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable drstribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and -1- possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering into this agreement. 2. Advice of Counsel. The Wife has been represented by Elizabeth B. Stone, Esquire who has drafted this legal document. The Husband has been advised that he should seek counsel; however, he has chosen to have no legal representation at this time. This agreement has been fully explained to the Wife by her attorney. Each party acknowledges by their signature of this document that each has -2- carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4 . Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. Wife and Husband each do hereby mutually remrse, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or - 3- he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respecr to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or WhlCh may arise under this agreement or for the breach of any thereof, -4- subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obliaations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7 . Personal Property. wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property In the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. Husband and Wife have agreed that Husband shall remove from the marital home those items agreed upon per their list. Husband and Wife -5- have also agreed that Husband shall remove from the marital home the large HDTV that was recently purchased. In exchange for this, Husband agrees to buy for Wife a new HDTV of similar quality with a minimum 46" screen with five (5) speakers and amplifier within six (6) months of the date of this agreement. 8. Automobile to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 2003 Audi. 9. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 1998 Toyota Corolla. Husband shall deliver executed certificate of title, sales and use tax form and any other documents necessary to convey title within ten days of the execution of this agreement. 10. Propertv Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. -6- 11. Real Estate. Husband and Wife hereby agree that Wife may remain in the marital home located at 1618 Lowell Lane, Lower Allen Township, Cumberland County, Pennsylvania, until one of the following conditions precedent occurs: (1) the wife co-habitates; (2) the wife re-marries, (3) no more than four years have passed since the signing of this agreement, or (4) death of one of the parties. The Parties understand that Wife may move out prior to the four (4) years. Upon Wife's decision to move out of the marital residence, be it before or at the condition precedent, the parties agree to have the house listed for sale, and split the net proceeds equally after all debts, liens and customary closing costs are paid against the house, including but not limited to the first mortgage and line of credit. In the event that Wife chooses to remain in the home after four years, Wife agrees to attempt to refinance the home into her name alone. Upon refinancing, the parties agree that Wife shall payoff the first and second mortgages, and then shall pay to husband one-half of the equity In the home. DEED TO BE HELD IN ESCROW. The parties agree to sign a deed transferring the property as Husband and Wife, with Tenants by Entirety, to Husband and Wife, as Tenants in Common, with Rights of Survivorship. The parties agree that this deed will be held in escrow by the Wife's attorney. In the event that one of the parties dies, this signed deed will be recorded in the Recorder of Deeds -7 - Office in York County. The parties understand that the purpose of this deed is that should one of the parties die, the surviving spouse shall record the new deed and permit the estate of the deceased spouse to share in one-half of the proceeds of the sale of the house. In the event that the parties reconcile and no divorce is ever filed or finalized, then the parties agree to destroy the deed held In escrow. If and when one of these conditions precedent occurs, the parties hereby agree that the house shall be listed for sale, and the net proceeds of the sale of the real estate shall be divided equally between the Wife and the Husband. Until settlement on the sale of the house, Wife shall be solely responsible for all of the maintenance, repair and other costs associated with the residence, including, but not limited to the mortgage, taxes, insurance, and utilities. From the date of this agreement, Wife agrees to assume as her sole obliga- tion any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Husband agrees and covenants to hold Husband harmless from any such liability or obligation. This agreement or a memorandum thereof may be recorded In the Office of the Recorder of Deeds of Cumberland County, pennsylva- nJa. The Parties agree that the Wife shall pay the mortgage, taxes and insurance while she remains in the marital home. Thus, the parties herein agree that Wife shall be entitled to claim the mortgage -8- payments, interest, taxes and any other payments associated with the real estate as income tax deductions or for other valid purposes not named herein. 12. Spousal Support/Alimony Pendente Lite/Alimony. Husband agrees to pay to Wife monthly spousal support in the amount of Two Thousand Five Hundred Dollars ($2500.00) for a period of four years beginning with the first full month after the parties separate and the Husband has moved out of the marital home. It is anticipated by the parties that should happen no later than ninety (90) days after the signing of this agreement. Husband anticipates that he will purchase a separate home and the Wife agrees to sign any spousal release necessary to effectuate the Husband's purchase of this home. The Parties herein agree that the Wife shall have no legal title or interest in the Husband's new home. The parties herein agree if a divorce is ever filed, this spousal support shall be continued to be paid by Husband to Wife, and shall convert to Alimony Pendente Lite during the divorce proceedings and then into Alimony at the entry of the Decree in Divorce. The parties agree that this support amount shall be considered Alimony for tax purposes once the divorce lS finallzed and a divorce decree has been issued. The parties agree that this alimony is non-modifiable by the Courts and the parties unless otherwise agreed to by the parties. -9- 13. Husband's Bonus, The parties agree that Husband shall give to Wife 20% of his year end performance bonus each year for four (4) years, beginning with the bonus given for 2004, and including bonuses for 2005, 2006, and ending with 2007. Husband agrees to give this 20% portion to Wife within 30 days of receiving same. It is also anticipated that Husband shall receive a Christmas bonus each year. Husband agrees to give to Wife 20% of the Christmas bonus for the last year and the next four (4) years, beginning with the year 2004, and including 2005, 2006, and ending with 2007. Husband agrees to give Wife this payment with written proof of the bonuses amounts within one week of receiving same. 14. Pensions and Retirement. The parties currently have less than Ten Thousand ($10,000) Dollars in a mutual fund account. The parties agree that this amount shall be split with 80% to the Wife and 20% to the Husband. This amount shall be transferred into Wife's account of similar tax status within ninety (90) days of the date of thlS agreement. The parties also agree that Husband shall transfer to Wife one- half of the balance, less the difference between Husband and Wife's 401K retirement accounts, from his employer 401K plan into Wife's 401K plan. The purpose of these transfers is to equalize the parties mutual fund investments and 401K retirement accounts so that both Husband and Wife have equal amounts. As of the date of this -10- agreement, the parties estimate that wife shall receive roughly $11,500 into her 401K retirement account and $8,000 into her mutual fund account. The parties agree to sign any and all paperwork and tax documents necessary and required to facilitate said transfer so as neither party suffers financial tax consequences. This is a transfer from Husband and Wife to Wife or from Husband to Wife, thus neither party should suffer any income tax consequences. Upon the signing of this agreement and after the transfer of this money, the parties understand that as of date of separation, Husband and Wife hereby waive any and all claim, right, or interest which he may have in any pension of Wife or Husband. Should the parties reconcile during the length and terms of this agreement, this paragraph shall be nullified with regard to marital portions and accrual periods. 15. Tax Filing. The parties understand and agree that it might be more beneficial financially for them to file their income tax returns "married filing Jointly" each year rather than "married filing separate". In the event that the parties file married filing jointly, and a tax refund is expected, the parties agree to split any refund equally. The parties agree to discuss this each year during the next four year separation and discuss the best method for both of them. Husband agrees that in the event that they do not file Jointly, Wife is permitted to claim the mortgage and interest deduction for the first and second mortgage on the marital home. -11- 16. Medical Insurance. Each party to be responsible for their own medical lnSUrance. Husband is currently on Wife's PPO Highmark Blue Shield which is paid by Wife's company. The parties acknowledge that the reason the Husband is on Wife's policy is because his employer offered a opt-out cash incentive payable to him. The parties therefore agree that for every year Husband remains on Wife's policy with this opt-out cash incentive option and is paid, he shall share the cash reimbursement with Wife 50-50. In the event that this becomes a cost to Wife, Husband agrees to either pay to Wife directly the cost of keeping himself on Wife's insurance, or enroll on his own employer's health insurance that is provided for him. 17. Debts of the parties. The parties agree that the Husband assume both credit cards debts that were created during the marrlage. Those credits cards being the American Express Card and the Discover. By date of this agreement, the parties agree that any debt incurred post-separation shall be their own individual debt and agree to indemnify the other should any action to recover be instituted against the other for non-payment. 18. Life Insurance Policy. Husband currently has a life lnsurance policy in excess of $300,000 with. Husband agrees that Wife shall be the sole primary beneficiary of this life insurance policy during the duration of this agreement and until the parties are divorced, providing Wife with written confirmation of continuation of -12- such policy no less than annually and shall be non-cancellable without thirty (30) days prior notice to the other party. 19. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. 20. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. C. Has given careful and mature thought to the making of this agreement. -13- D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 21. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 22. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue In full force and effect without being impaired in invalidated in any way. 23. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or abrogated by another written instrument to that effect signed by each of the parties hereto. 24. Future Earninqs. All income, earnings or other property recelved or acquired by either party to this agreement on or after the date of execution of this agreement shall be the soJe and separate property of the receiving or acquiring party. However, each party -14- agrees that for purposes of calculation of alimony, alimony pendente lite, or spousal support, to provide each other with current statements of income which shall be used to keep the support current according to the rules as provided by the Pennsylvania Support Guidelines. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other, other than to agreed to by this document. The parties agree that if a divorce complaint is ever filed, this agreement may be modified to reflect new income amounts and thus new support amounts for purposes of calculating alimony, alimony pendente lite, or spousal support. 25. Waiver of Riqhts. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. 26. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered -15- a waiver of any other term, condition, clause or provision of this agreement. 27. Survival of Aqreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provislon or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 28. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 29. Aqreement Bindinq on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. -16- 31. Headinqs. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. - WITNES ~J /"k' ~ /)7Irr,/~.~ v JULIE E. MATHEWS (SEAL) wnw~ , fj-4;t"" ' ,/' / ,6~,' ,. / D!<;VIS MATHEWS (SEAL) -17 - COMMONWEALTH OF PENNSYLVANIA: COUNTY OF l11~1) ss. On this, the ~ day of A1r0- , 2004, before me, a Notary Public, the undersigned officer, personally appeared JULIE E. MATHEWS, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. JH Cafhy l )I NOTARIAl SEAl. lemo\'l1~ ;::ngblood. Notary Public My CommISsi~~ EXCpU" mbejrland Counly res une 22 200(, M'!m~Qf PetJf!syl 'A .} , Vill'la s;,cdalion I)f NG!i:lri~:; COMMONWEALTH OF PENNSYLVANIA: COUNTY OF (1W~~.o ss. On this, the iU day of /t{JPJ-L 2004, before me, a Notary Public, the undersigned officer, personally appeared DAVIS MATHEWS, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. - i , No ry Public Cath NOTARIAl SEAL l Y l. Youngblood. Notary Pub"r emoyne B~ro. Cumberland Co' ,,- My CommisSIon EKpires June 22.!~~ M,....J..~r p~. - - -. ".'", t.'~ns\'h;m;;::IA~::;DC!'ll'::--"'Or'" -" ' '. :\ I I lvO..;lf,~~S -18- II [1\ag~\~ATHEWS.JULIE.4-01-04 AOOeHOgN m A~~eeNeHr THIS ADDENDUM, made this I riA day of "(1 f'IICLej , 2005, to the AGREEMENT made on the 14th day of April, 2004, between JULIE E. MATHEWS, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"), and DAVIS MATHEWS, of Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"); WIT N E SSE T H: WHEREAS, WHEREAS, Husband and Wife executed a marital settlement agreement as of April 14, 2004; and WHEREAS, Husband and Wife desire to modify the agreement as set forth therein. NOW, THEREFORE, in consideration of the promises and covenants herein contained, Husband and Wife, intending to be legally bound, agree as follows: 1. Paragraph 11 of the agreement regarding the Real Estate located at 1618 Lowell Lane, Lower Allen Township, Cumberland County, Pennsylvania property, shall be modified as follows. The parties hereinafter agree that if it becomes financially feasible for the Wife, the Husband agrees to sell to and the Wife agrees to refinance -1- 4 Husband's equity value in the real estate no later than September, 2008. Wife agrees to notify Husband of her intent to refinance the home within 90 days of the expiration of this agreement. This time frame allows for the re-financing process to take place. Wife further agrees that she will provide to Husband proof of refinancing in the event that any unforseen delays cause the settlement to occur beyond 90 days from the expiration of the agreement. Husband agrees to cooperate with Wife in this refinancing in any way that is necessary to facilitate this process. 2. Paragraph 14 shall be modified as follows. The parties hereinafter agree that the Wife will accept her share of Husband's 401K plan at time of settlement on the marital home, whether it be when the marital home is sold to a third party or through the Wife's re-financing of the home. Since this offset will occur in the future and the percentage will be the same as in the original agreement, this amount shall be an exact dollar amount added to the equity side of Wife's portion of the division of the equity in the home. This equity will be added to the Wife's side also in the event of are-financing by Wife. 3. Paragraph 18 of the agreement regarding Life Insurance shall be changed to indicate that the Husband shall maintain a life policy of no less than $100,000. Husband agrees that Wife shall be the sole primary beneficiary of this life insurance policy during the duration -2- [I of this agreement and until this contract term ends, providing Wife with written confirmation of continuation of such policy no less than annually and shall be non-cancellable without thirty (30) days prior notice to the other party. 4. Except as modified herein, the agreement of April 14, 2004, shall remain in full force and effect and the terms set forth in said agreement are hereby ratified, confirmed and affirmed by the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above first written. w 1 1 ,./tt; f 1~?;e{'~ / ~/ JULIE E. MATHEWS (SEAL) /VA \ .;) ~ ~., ,t- (SEAL) DAVIS MATHEWS -3- .1 COMMONWEALf\ OF PENNSYLVANIA: COUNTY OF l;\.\IvI.-\.:t-.LC-.....L, ; On this, the \ ~ day of 4 ss. 2005, before me, a Notary Public, the undersigned officer, personally appeared JULIE E. MATHEWS, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH Of PENNSYlVANIA NOTARIAL SEAL KATHLEEN KEIM, Notary PubUc New Cumberland Bora. Cumberland Co My Commission Expires Dec. 5. 2006 . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ClA..~k-...-.t ~~J.-.- ~ On this, the \'\~"'- \ day of Notary Public, the undersigned Nocae;~ ss. (nF 2005, beLeee me, a officer, personally appeared DAVIS MATHEWS, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH Of PENNSYlVANIA NOTARIAL SEAL KATHLEEN KEIM. Notary Public New Cumberland Bora. Cumberland Co. My Commission Expires Dec. 5. 2006 Necaey ,~ -4- t-._7'> , '~.;> ~-;~;:;. C.t1 ::; --'Yl :? ,~.-~,-~ -..--; ~""" ...sJ ~. ~i- fl\div\MATHEWS,JU~IE-MOTINCCRPAGREE JULIE E. MATHEWS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-6329 Defendant CIVIL ACTION - LAW IN DIVORCE DAVIS MATHEWS, MOTION TO INCORPORATE AGREEMENT INTO DECREE IN DIVORCE JULIE E. MATHEWS, plaintiff in the above action, by her attor- neys, STONE LaFAVER & SHEKLETSKI, moves that your Honorable Court incorporate the attached agreement dated April 14, 2004, and Addendum to Agreement dated May 11, 2005, into the Decree in Divorce. STONE LaFAVER & SHEKLETSKI / B STONE, or Plaintiff / " r_:1 '.:_:":) r;-;:) C..Fl C) -n o...{) -1='" : : IN THE COURT OF COMMON PLEAS JULIE E. MATHEWS, Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA : VS. : CIVIL DIVISION : DAVIS MATHEWS, : NO. 04-6329 CIVIL TERM Defendant : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Served on ~ll.l2004 - U.S. Postal Service, Certified, Return Receipt Requested, Restricted Delivery 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by plaintiff April 26, 2005 by defendant April 26. 2005 (bl(l) Date of execution of the affidavit required by S3301(c) of the Divorce Code: ; (7. I Date of filing and service of the plaintiff's affidavit upon the r~spondent: 4. Related claims pending: Nonp-. 5. Complete either (a) or (bl. (a) Date and manner of service of the notice of intentien to file praecipe to transmit record. a copy of which is attached: (bl Date plaintiff's filed with the Prothonctary: Date defendant's filed with the Prothonotary: Waiver of Notice in S3301(cl Diverce was 5~{C; - oJ Waiver of Notice in S3301(c) Divorce was --- ~. C; - OJ intiffl~~B~ ~; <;"::::'1 c..n -, -- <.D C) -n .-1 rH;P i-'C: :-,1 "i,'.., () j(" r:.j'. ","'''' . :+.'f:+.:f. :+'~:f.:f.:+':+' :+.:f.:f. :f.:+. :+.:+.:+. :f.:+':+':+':+':+'~:+'+, +.+~+. +':+'+':f.:f.~+++. ++++:+. +~+++++.++~++~ . IN THE COURT OF COMMON PLEAS : '" . . '" . '" . '" '" . . . . . . . . . . OFCUMBERLANDCOUNTY JULIE E. MATHEWS, PENNA. STATE OF Plaintiff No. 04-6329 . . . . . . . . . . . . . . . . . . . . . .';t>' 'Ii' '. . . > , . . , . . . . . . . . , . , . . . . . . . . . . . . . , . . VERSUS DAVIS MATHEWS. Defendant DECREE IN DIVORCE ~I , 2..<sa.S", IT IS ORDERED AND AND NOW, JULIE E. MATHEWS DECREED THAT , PLAINTIFF, DAVIS MATHEWS AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATR'MONY, THE COURT RETAINS JUR,SDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Agreement dated April 14, 2004, and the subsequent Addendum dated May 11, 2005, is hereby incorporated, but not merged into . . . . . . . . . . . . . . . . . . . . . . +",,:+. +. '+' the Decree in Divorce. J, . . . . +'+++'f'+ ++++++'f.++++++++++++ ~ ++ ++.+++++ ++++~++++++++++ . . . , , . . , . , , . , . . . , , . , , . . . . . . . . . . , . . , . . . . , . . , . . . , . . , . . . . . . . . . . . , . , . . . . . '" . . . '" '" . , . . . . . . . . . . ,jJr $- IV': ~yU .~ ~p J-' ~ 4hJ 'pi!) '. .. ..,.. ' 701(. <;; ~- - ./ 50a,(C']