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HomeMy WebLinkAbout08-0521IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY PLAINTIFF No. 0$ - Sal e Vi l Terra VS. ELIZABETH A. LUTZ-CONWAY DEFENDANT Civil Action - Law In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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 York County Judicial Center, 45 North George Street, York, Pennsylvania 17401. 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 Telephone 1-800-990-9108 (717)249-3166 AVISO PARR DEFENDER Y RECLAMAR DERECHOS USFED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las piginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede preceder sin usted y decreto de divorcio o anulamiento puede ser • emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esti disponible en la oficina del Prothonotary, en la York County Judicial Center, 45 North George Street, York, Pennsylvania 17401. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone 1-800-990-9108 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY No. PLAINTIFF VS. Civil Action - Law ELIZABETH A. LUTZ-CONWAY DEFENDANT In Divorce COMPLAINT IN DIVORCE AND NOW comes the PLAINTIFF, Shawn M. Conway, by PLAINTIFF'S attorney, Marc Roberts, Esquire, and files this Complaint in Divorce upon a cause of action, of which the following is a statement: 1. PLAINTIFF is Shawn M. Conway, who is an American citizen, an adult individual, and who currently resides at 1134 Columbia Avenue, Lemoyne, Pennsylvania 17043. 2. DEFENDANT, Elizabeth A. Lutz-Conway, is an American citizen, and an adult individual who currently resides at 501 Fifth Street, New Cumberland, Pennsylvania 17070. 3. PLAINTIFF and DEFENDANT have been bona fide residents in this Commonwealth for at least six (6) months previous to the filing of this Complaint in Divorce. 4. PLAINTIFF and DEFENDANT were married on April 23, 2004, in Key West, Florida. 5. There have been no prior actions in divorce or annulment commenced by either party. 6. The marriage of the parties is irretrievably broken. 7. The parties hereto separated on or about May 2007. 8. The PLAINTIFF has been advised of the availability of counseling and that the PLAINTIFF may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, PLAINTIFF respectfully requests this Honorable Court to issue a Decree of Divorce from the bonds of matrimony. Respectfully submitted, Ma oberts, Esquire Attorney for PLAINTIFF 149 East Market Street York, PA 17401 (717) 843-1639 I.D. No. 34355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY PLAINTIFF VS. ELIZABETH A. LUTZ-CONWAY DEFENDANT No. Civil Action - Law In Divorce VERIFICATION I, SHAWN M. CONWAY, PLAINTIFF, do hereby verify that the facts set forth in the above Complaint in Divorce are true and correct to the best of my personal knowledge or information and belief, and that any false statements herein are made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. Sec. 4904) relating to unsworn falsification to authorities. Date: SHA CON" AINT If D W OO O D T pQ 00 0 D 7s J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY VS. PLAINTIFF ELIZABETH A. LUTZ-CONWAY DEFENDANT No. 08-521 Civil Term Civil Action - Law In Divorce PRAECIPE To the Prothonotary: Please affix the attached Amended Notice to Defend and Claim Rights to the Complaint filed in the above captioned matter. Dated: February 5, 2008 Ma c o Attorney 149 East York, PA (717) 84; I.D. No. I _rt , Esquire for Plaintiff Market Street 17401 3-1639 34355 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY PLAINTIFF No. 08-521 Civil Term Civil Action - Law In Divorce VS. ELIZABETH A. LUTZ-CONWAY DEFENDANT AMENDED 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 at the Cumberland County Court House, One Court House Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone 1-800-990-9108 (717)249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USFED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las piginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede preceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esti disponible en la oficina del Prothonotary, en la York County Judicial Center, 45 North George Street, York, Pennsylvania 17401. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone 1-800-990-9108 (717) 249-3166 r CERTIFICATE OF SERVICE I, Marc Roberts, Esquire, attorney for the Plaintiff, hereby certify that I have on the 5th day of February, 2008, served the attached Amended Notice to Defend and Claim Rights by first class mail, postage prepaid, upon the persons and to the addresses indicated below: Elizabeth A. Lutz-Conway 501 Fifth Street New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY PLAINTIFF No. 08-521 Civil Term Civil Action - Law In Divorce VS. ELIZABETH A. LUTZ-CONWAY DEFENDANT MARL ERTS, ESQUIRE C7 C-7 ev C 77 L-- -,? < cn J i=? SHAWN M. CONWAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-521 CIVIL TERM ELIZABETH A. LUTZ-CONWAY, CIVIL ACTION - LAW Defendant IN DIVORCE ANSWER & COUNTERCLAIM OF DEFENDANT TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW comes the Defendant, Elizabeth A. Lutz-Conway, by and through her attorney, Charles Rector, Esquire, and respectfully represents the following in support of her Answer and Counterclaim to Plaintiffs Complaint in Divorce: Answer 1.- 5. Admitted. 6. Denied. Paragraph 6 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, it is denied that the marriage is irretrievably broken and proof thereof is demanded. 7. Denied. It is denied that the parties separated in May of 2007 and proof thereof is demanded. By way of further answer, the parties separated on Friday, April 13, 2007. 8. Admitted. WHEREFORE, Defendant respectfully requests that your Honorable Court deny Plaintiff's request for a divorce based upon Section 3301(c)-(d) of the Pennsylvania Divorce Code. Counterclaim Count I - Divorce 9. Paragraphs 1 through 8 above are incorporated herein by reference as if set forth at length. 10. Plaintiff has offered such indignities to Defendant (who is the innocent and injured spouse) so as to render her condition intolerable and life burdensome. 11. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter a decree in divorce pursuant to Section 3301)a)(6) of the Divorce Code. Count II - Equitable Distribution 12. Paragraphs 1 through 11 above are incorporated herein by reference as if set forth at length. 13. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Count III - Spousal Support and/or Alimony Pendent Lite and Permanent Alimony 14. Paragraphs 1 through 13 above are incorporated herein by reference as if set forth at length. 15. Defendant is unable to sustain herself during the course of this litigation. 16. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 17. Defendant requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite and/or alimony in her favor pursuant to Section 3701 of the Divorce Code. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an award of spousal support and/or alimony Qendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. Count IV- Counsel Fees. Expenses and Costs of Suit 18. Paragraphs 1 through 17 above are incorporated herein by reference as if set forth at length. 19. Defendant has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 20. Defendant has incurred and will incur costs and expenses in prosecuting this action. 21. Defendant is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 22. Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon such additional counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. Count V - Custody 23. Paragraphs 1 through 22 above are incorporated herein by reference as if set forth at length. 24. Defendant is seeking primary physical custody of the minor child: Kaden J. Conway, who was born on October 22, 2005. The child was not born out of wedlock. The child is presently in the custody of Defendant/Mother, Elizabeth A. Lutz- Conway, who resides at 501 5th Street, New Cumberland, Cumberland County, Pennsylvania. During the past five years (since his birth), the child has resided with the parties at 501 5t" Street, New Cumberland, Cumberland County, Pennsylvania. 25. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the minor child. 26. The relationship of the Plaintiff to the child is that of Father. 27. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 28. The best interest and permanent welfare of the child will be served by granting the Defendant primary physical custody. WHEREFORE, Defendant requests the Court to grant her primary physical custody of the minor child. RESPECTFULLY SUBMITTED, ?r t-harl s Rector, uire 1104 Fernwood venue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 Attorney for Defendant Date: .21 `e/d e I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: 0 Q 9 Dg CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 12th day of February 2008, 1 caused a true and correct copy of the within Defendant's Answer & Counterclaim to Divorce Complaint to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Marc Roberts, Esquire 149 E. Market Street York, PA 17401 By: dharles Rector squire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: c2 " 0 8 CJ1 C'Q C> a w s. IiJ, Q5 J c; } C=l r n C - a ?a c -1 SHAWN M. CONWAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-521 CIVIL ACTION LAW ELIZABETH A. LUTZ-CONWAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 15, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 24, 2008 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: JsJ Lohn,L Mangan, 1 Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 x P4 ltw /* €1 Z 0 Wd S 1933 BBBZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY No. 08-521 Civil Term PLAINTIFF vs. Civil Action - Law ELIZABETH A. LUTZ-CONWAY . DEFENDANT In Divorce AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF YORK MARC ROBERTS, ESQUIRE, being duly sworn according to law, deposes and says that: 1. I am an attorney-at-law duly licensed to practice my profession in the Commonwealth of Pennsylvania and County of York. 2. I have an office for such practice situate at 149 East Market Street, York, York County, Pennsylvania. 3. On the 29th day of January, 2008, I served a certified copy of the Complaint in Divorce upon the Defendant, Elizabeth A. Lutz-Conway, at 501 Fifth Street, New Cumberland, PA 17070, by mailing same to the Defendant, certified mail, restricted delivery, return receipt requested. 4. Attached hereto and made a part hereof is the executed mailing receipt card acknowledging service. MAR BERTS, ESQUIRE Sworn and subscribed to before me his 1st day of Febr/J 200,. ??- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah Ann Lau, Notary Public City of York, York County My Commission Expires Dec. 22, 2009 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature Agent 1. Article Addressed to: ELIZABETH A. LUTZ-CONWAY 501 FIFTH ST. NEW CUMBERLAND, PA 17070 by( D. Iskielivery address different from itsm"I? 'L3 Yes if YES, enter delivery address below. 0 No 3. Service Type X] Certified Mail 0 Express Mail 0 Registered O Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delnrery? (Exba Fee) X1 Yes 2. Article Number 7003 0500 0003 8638 7451 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 2ACP111-03R1091 -:z ` rr , rr A EV --;,F IN THE COURT OF COLON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY VS. PLAINTIFF ELIZABETH A. LUTZ-CONWAY DEFENDANT No. 08-521 Civil Term Civil Action - Law In Divorce CONCILIATION CONFERENCE MEMORANDUM Submitted by Julia M. Parrish 1. Plaintiff is the father of .... 2. The following: Child's name Kaden J. Conway Counsel for Plaintiff Date of Birth October 22, 2005 3. Plaintiff is requesting: The parties share legal custody of the minor child; Defendant to be awarded majority physical custody with Plaintiff having rights of partial physical custody as follows: Every Sunday from 12:00 p.m. until Monday at 5:00 p.m. Two one-week periods of uninterrupted custody The Court holiday schedule Regular telephone contact with the minor child Morning period of custody during the week for three hours, one time per week 4. The present custody situation is as follows: Since the parties' separation, Defendant Mother has majority physical custody as she has remained in the marital residence. Plaintiff Father has been permitted to see the child solely at the discretion and preference of Defendant Mother. There is no prior court order or written agreement of the parties regarding the custody of the minor child. 5. The present custody situation has existed since March 2007. Prior to that time the custody situation was as follows: The parties cohabited as married persons in the marital residence with the minor child. 6. Has either party prevented the other party from having any contact with the children? Yes The circumstances are as follows: Defendant Mother has not provided custody to Plaintiff Father on numerous occasions. Defendant Mother has been restrictive with allowing Plaintiff Father access to the child. r , 7. Do you allege unfitness of the other party? Yes 8. Do you allege improper home environment? Yes 9. What other issues will be presented to the court? Reserved 10. Do you plan to raise emotional or psychological problems of the children or others involved? No 11. Do you request psychological evaluations? Reserved 12. Will you agree to the appointment of one neutral psychologist to be used by both parties to perform psychological evaluations? Yes 13. How much time will the presentation of your case, including cross-examination, take? One day 14. Factual witnesses: Unknown at this time 15. Expert witnesses: Unknown at this time 16. Are home studies requested? No 17. Other relevant information: None Respectfully submitted, Ju a M. Parrish, Esquire At orney for Plaintiff Father I.D. No. 200072 LAW OFFICE OF MARC ROBERTS 149 East Market Street York, Pennsylvania 17401 (717) 843-1639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY PLAINTIFF No. 08-521 Civil Term Civil Action - Law In Divorce VS. ELIZABETH A. LUTZ-CONWAY DEFENDANT CERTIFICATE OF SERVICE I, Julia M. Parrish, Esquire, attorney for the Plaintiff, hereby certify that I have on the 5th day of March, 2008, served the attached Conciliation Conference Memorandum by first class mail, postage prepaid, upon the persons and to the addresses indicated below: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 r ?f JU IA M. PAR ISH, ESQUIRE r-o rrp`.a; r? SHAWN M. CONWAY, Plaintiff V. ELIZABETH A. LUTZ-CONWAY, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-521 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CONCILIATION CONFERENCE MEMORANDUM OF DEFENDANT AND NOW, comes the Defendant, Elizabeth A. Lutz-Conway, by and through her attorney, Charles Rector, Esquire, and submits the following Conciliation Conference Memorandum: Background The parties were married on April 23, 2004. Elizabeth A. Lutz-Conway (hereinafter "Mother") is the primary physical custodian of the minor child Kaden J. Conway (hereinafter "Child") who was born on October 22, 2005. She has been a full time mother and homemaker since the child's birth. The parties separated on Friday, April 13, 2007. Shawn M. Conway (hereinafter "Father") agreed to remove himself from the home at Mother's request as a result of his failure and refusal to come home at night. In addition, Father has previously engaged in a significant pattern of aberrant behavior which has included but has not been limited to, punching holes in walls and doors in the home, denting the steel refrigerator with his fist, shoving and pushing around Mother, using vulgar language in the presence of the child on a consistent basis and stating to the minor child "I hate your mother." In addition, Mother believes and therefore avers that Father is starting a new family with a third party. In recent months, Father has seen w the child on average of once per week for approximately 1-1 Y2 hours. Father's fitness as a parent is in question. 11. Proposed Custody Arrangement Mother requests confirmation of her as primary physical custodian of the minor child. Inasmuch as Mother believes that Father is starting a new family with his paramour, Mother believes that that, combined with his work schedule, will leave little time available for him to be with their son. Mother is however, agreeable to periods of temporary physical custody as follows: 1. Every weekend, which time shall be phased in as follows: a. For a three week period, every Sunday from Noon until 7:00 p.m.; b. For the next three week period, every Sunday from Noon until Monday at Noon; then c. Every Sunday from Noon until Monday at 5:00 p.m. 2. Three evening hours per week. Mother will be flexible with Father's schedule, with sufficient notice. 3. Two periods of seven consecutive days every summer with at least thirty days notice. 4. Holidays (Memorial Day, July 4th, Labor day, Thanksgiving & Easter) from 9:00 a.m. through 7:00 p.m.. Father's first scheduled holiday will be Memorial Day 2008. 5. Christmas on an alternating schedule with Father having custody in 2008 on Christmas Eve after work through Christmas Day at 2:00 p.m. Mother is agreeable to liberal telephone contact and additional periods of temporary physical custody time subject to Father's availability and the minor child's schedule. By: - ='-- Stharles Recto(, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Elizabeth . Lu6--COP#F Date: I? CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the /d day of March 2008, 1 caused a true and correct copy of the within Conciliation Conference Memorandum of Defendant to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Julia M. Parrish, Esquire Law Office of Marc Roberts 149 E. Market Street York, PA 17401 By: ?,' ?L- l Charles Rectcw? Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date:3 dg -=7 fa 4oo SHAWN M. CONWAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-0521 CIVIL ACTION LAW ELIZABETH A. LUTZ-CONWAY, IN CUSTODY Defendant ORDER OF COURT AND NOW this IyT?day of April 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Shawn Conway, and the Mother, Elizabeth Lutz-Conway, shall have shared legal custody of Kaden J. Conway, born 10/22/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing April 6, 2008, for a three week period, the Father shall have partial physical custody of the Child every Sunday from 12:00 pm until 7:00 pm. The non-custodial parent shall pick up the Child absent mutual agreement. b. Commencing April 27, 2008, for a three week period, Father shall partial physical custody of the Child from Sunday 12:00 pm until Monday at 12:00 pm. The non-custodial parent shall pick up the Child absent mutual agreement. C. Commencing May 18, 2008, Father shall have every Sunday from 12:00 pm until Monday 5:00 pm. The non-custodial parent shall pick up the Child absent mutual agreement. This shall continue absent mutual agreement or further Order of Court. d. Commencing March 24, 2008, Father shall have three (3) hours per week (either in the morning or in the evening) with the Child. The non-custodial parent shall pick up the Child absent mutual agreement. Mother shall be flexible with Father's schedule with Father giving Mother one day's notice of his desired time. e. Father shall have addition periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 3. Holidays: The parties agree to arrange Holidays as attached, absent mutual agreement otherwise. ?r? 1, 4 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 6. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 7. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 8. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent at least 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand/alter this vacation time by mutual agreement. 9. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, istribution: ",-Pr harles Rector, Esq. ? Julia Parrish, Esq., 149 East Market Street, York, PA 17401 ?John J. Mangan, Esq. Cop Fs Mat(V-CL ?r? HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Da From 9 am until ? m Mother Mother Memorial Day From 9 am until ? m Father Father Independence Day From 9 am until 7 pm Father Father Labor Da From 9 am until ? m Father Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving Da From 9 am until 7:00 m Father Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2" Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 12:00 pm 12/31 until noon January 1 St Father Father Mother's Da From 9 am until ? m Mother Mother Father's Da From 9 am until 7 pm Father Father SHAWN M. CONWAY, Plaintiff V. ELIZABETH A. LUTZ-CONWAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-0521 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following, report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kaden J. Conway 10/22/2005 Mother 2. A Conciliation Conference was held with regard to this matter on March 24, 2008 with the following individuals in attendance: The Mother, Elizabeth Lutz-Conway, with her counsel, Charles Rector, Esq. The Father, Shawn Conway, with his counsel, Julia Parrish, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Az? . ang squire Date John J Custo Conciliator SHAWN M. CONWAY Plaintiff Vs. FT T7ARTaTU e r 1-I Z-CONWAY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 08-521 Defendant MOTION FOR APPOINTMENT OF MASTER Shawn M. Conway (Plaintiff) (Dd=d=0, moves the court to appoint a master with respect to the following claims: Divorce) Distribution of Property () Annulment ( Support Alimony) Counsel Fees iK) Alimony Pendente Lite) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. her (2) The defendant (has) (haa nt) appeared in the action (pta wm9y) (byArscattomey, Charles Rector ,Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. ?=aex*xkix zQt=ztWx& x b. A ttx #c ?? 1x xtk? x? x?tSx#: c. The action is contested with respect to the following claims: ?anrii,itahIP di ctrihiitinn aI,iman- ?-A 121 Gouns-al -fees, (5) The action @kW)k(does not involve) complex issues of law or fact etc. (6) The hearing is expected to take three (hours) (),, (7) Additional information, if any, relevant to the motion: Date: October 7, 2009 Attona6y for (Plaintiff) (De =)c Print Attorney Name ......... Marc Roberts, Esquire ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: FILED ,i, S-CE OF THE PROr:-ONIOTARY 2009 OC ; -8 Fiji 2: 2 6 J. OCT 0 9 2009 SHAWN M. CONWAY Plaintiff Vs. FT.T7ARETIi A LUTZ-CDNWAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 0 8 - 5 21 Defendant MOTION FOR APPOINTMENT OF MASTER Shawn M. Conway (Plaintiff) (Dxfmda*, moves the court to appoint a master with respect to the following claims: Divorce) Distribution of Property () Annulment ( Support Alimony) Counsel Fees kX) Alimony Pendente Lite } Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (I mRot) appeared in the action (ptx? (bye ttorney, Charles Rector ,Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. Vbom itQ kJx zRt=*tWjt& x b. Aix matx #p*:btwx x *ftx WjgMk Aft xtbltx ;tWi gx §a: c. The action is contested with respect to the following claims: _Pnrii,i tahI P d i i n n nnTaI imQpy 4121 GoupsQ] -fees, (5) The action ?? (does not involve) complex issues -o law or fact e t c . (6) The hearing is expected to take three (hours) (? (7) Additional information, if any, relevant to the motion: Date: October 7, 2009 Attorn6y for (Plaintiff) (IDeftdzxx Print Attorney Name ......... Marc Roberts, Esquire ORDER APPOINTING MASTER AND NOW, (il?eR 1,2 , 20 69 Esquire ? L4' Me 66d-- is appointed master with respect to the following claims: 4 By the I,-( 5 G?1_ J. ,r t"tLGi.J'"Gl i FC,E OF THEE P,,",0t rlr'9TANY C )T 2009 OCT -8 PM 2: 2 6 mva /OF - 0 t - m. , Lr? I es SHAWN M. CONWAY, Plaintiff VS. . THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 521 CIVIL ELIZABETH A. LUTZ-CONWAY, r.f k`a Defendant IN DIVORCE .? C:ri ORDER OF COURT 7 AND NOW, this day of a 2011, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated January 5, 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, Kevi A. Hess, P.J. cc: ?Marc Roberts Attorney for Plaintiff Charles Rector Attorney for Defendant 0 1 -1,1111 Df" MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of 'nW,,y 2011, by and between ELIZABETH A. LUTZ-CONWAY, hereinafter referred to as "WIFE," and SHAWN M. CONWAY, hereinafter referred to as "HUSBAND," WIZEREAS, the parties hereto are husband and wife, having been married on April 23, 2004, at Key West, Florida; and WHEREAS, there was one child born of this marriage, Kaden John Conway; and WHEREAS, unhappy differences have arisen between the parties and it is their intention to live separate and apart, as they have been doing so since May 2007; and WHEREAS, the parties now desire to make a final settlement of their financial, property and other rights and obligations as between each other, including without limitation: a. all matters relating to the ownership of real estate and personal property; b. all matters relating to the past, present and future support and or maintenance of either party; c. any and all claims and possible claims by one against the other; and d. the implementation of custody arrangements for the minor child of the parties for the immediate future. NOW, THEREFORE, IN CONSIDERATION of the mutual promises, covenants and undertakings hereinafter set forth and for the other good and valuable consideration, receipt of which is acknowledged by each of the parties, HUSBAND and WIFE, each intending to be legally bound, covenant and agree as follows: AGREEMENT PREDICATED UPON DIVORCE: It is understood and agreed by the parties and each warrants and represents to the other that the execution and delivery of this agreement is predicated upon and made subject to their further agreement to institute and conclude by their mutual consent a no fault divorce. Both parties warrant that they will execute affidavits of consent to a Section 3301(c) divorce promptly within 90 days of the filing and service of such a divorce by HUSBAND. This agreement shall be subject to rescission, with any transfers hereunder being voidable, and with attorney's fees being recoverable as part of the damages sustained, in the event of any failure of either party to proceed with the divorce as contemplated in this paragraph. ADVICE OF COUNSEL: Each party acknowledges receiving, or having had the opportunity to receive, independent legal advice from counsel of his or her selection with regard to the provisions of this agreement and their legal effect. With full understanding of the facts, legal rights and obligations relevant: to this agreement, and each acknowledges that this agreement is, in the circumstances, fair and equitable, freely and voluntarily made, and is not the result of any duress or undue: influence. To the extent that either party may be proceeding without having discussed this agreement or any of its provisions with counsel, that party is nevertheless aware of the right to legal representation, and declares that it is her/his express, voluntary and knowing intention to proceed without counsel, choosing instead self-representation. FULL DISCLOSURE: Each party has been fully informed of the rights granted to parties under the Divorce Code of 1980 of Pennsylvania, as amended, especially with respect to alimony, alimony pendente lite, counsel fees, court costs, and equitable distribution of marital property. Each party has given full disclosure to the other as to all assets, liabilities, and similar financial information, and each party is fully satisfied with such disclosures received. PERSONAL RIGHTS: WIFE and HUSBAND may and shall hereafter live separate and apart at such places as each may select. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other as fully as if she or he were unmarried. Neither shall harass or malign the other or his or her family in any manner. Each may engage in any business or employment of choice for his or her separate use or benefit. This provision shall not be taken to be an admission on the part of either party of the lawfulness of the causes which led to their living apart. PERSONAL PROPERTY: WIFE and HUSBAND hereby acknowledge that they have previously set aside to one another their tangible marital personal property, exclusive of motor vehicles, and including but without limitation all jewelry, clothing, furniture and other personalty. Each agrees that all of the property presently in possession of the other party shall be the sole and separate property of the other. Each of the parties hereby waives any claims he or she may have with respect to any of the above items which are in the possession of the other. AUTOMOBILES: During the course of the marriage, HUSBAND acquired a 2002 Lexus IS 300 automobile. Both parties are obligated on the purchase money loan that was taken out for the purchase of the vehicle. HUSBAND shall continue to pay the loan obligation on this vehicle in a timely manner, as required by its terms, so that WIFE's credit cannot be adversely affected. At such time as 2 HUSBAND has secured the financial means to do so, he shall seek to refinance this vehicle so as to remove WIFE's name. HUSBAND shall remove WIFE's name from the obligation of this vehicle by its sale, trade-in, refinance or payoff within one year of the date of this agreement. To enable HUSBAND to transfer title to the vehicle at that time, WIFE shall execute a limited power of attorney in favor of HUSBAND authorizing him on a one-time basis to convey title to this vehicle to himself or to a third party. FULTON BANK STOCK: HUSBAND waives all right, title and interest he may have in and to WIFE's Fulton Bank stock. REAL PROPERTY: HUSBAND hereby agrees to transfer to WIFE, at such time as WIFE is able to refinance the property, all of his right, title and interest in the real estate located at 501 Fifth Street, New Cumberland, Pennsylvania 17070. From the date of this agreement, WIFE agrees to assume as her sole obligation all mortgage payments, taxes (including liabilities for gain or loss), claims, damages or other expenses incurred in connection with said premises, and agrees to indemnify and hold harmless the other party from any such liability or obligation. WIFE agrees to accomplish the refinance of the real estate within one year of obtaining employment, but in no event later that 18 months after the date of this agreement. WIFE shall have! the right to sole occupancy of the real estate, pending the transfer of the property. CONTINUING JOINT FINANCIAL OBLIGATIONS: The parties acknowledge that the agreement they have reached herein involves each continuing to pay upon a joint obligation, and each remaining liable on an obligation being paid by the other until such time as that obligation is paid off or otherwise released. HUSBAND's obligation is referenced in the previous paragraph relating to his automobile; WIFE's obligation is in the previous paragraph relating to the marital real estate. In the event that either party reaches the point when they are obliged to secure the release of the other party on their respective obligation, and despite good faith efforts to refinance or otherwise dispose of the obligation, a release cannot be obtained, that party agrees to renew his or her efforts to obtain the release of the other party at six-month intervals, and, in the meantime, to assume the duty to hold the other party harmless and indemnify him or her in all respects from any liability which may ensue, using his or her best efforts to assure that the good name and credit of the other party are not adversely affected by any default in required payments. RELEASE OF SUPPORT/ALIMONY: The parties herein acknowledge that they have each secured and maintained adequate funds to provide for their comfort, 3 maintenance, and support in the station of life in which they are accustomed. WIFE and HUSBAND, though recognizing that a claim for alimony or support might be advanced, hereby release any rights each may have against the other for alimony, support or maintenance. It shall hereafter be the sole responsibility of the parties to sustain themselves without seeking any support from the other. SUPPORT OP CHILD: WIFE is the plaintiff and HUSBAND is the defendant in a child support matter in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, docketed as 2009-S- 2008. The parties agree to amend from time to time the current Order for Child Support consistent with the Pennsylvania Support Guidelines. CUSTODY AND VISITATION: WIFE shall have primary custody of the minor child, Kaden, and HUSBAND shall be permitted to have partial custody of the child, away from the residence of WIFE, as often as may be practicable under the circumstances and deemed to be in the child's best interests. JOINT CONSULTATION: The parties shall share legal custody and agree to confer on all matters of importance relating to the child's health, maintenance, and education, with a view toward obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. If the parties have internet access, they shall keep one another informed of their respective e-mail addresses. Each party shall allow the other reasonable telephone contact to and from the child and reasonable e-mail contact to and from the child during his or her periods of partial custody. The parties further agree to cooperate in the sharing of information and the execution of any documents, where both parents' signatures are required, to permit their child to participate in extracurricular activities and travel opportunities. Finally, the parties agree that harmonious communications between them are an essential feature to their good cooperation and in their ability to present the appropriate image of cooperating parents to their child. To this end, it is agreed that any and all derogatory or otherwise harassing telephone messages, text messages, or emails shall cease. Each party shall endeavor to keep their communications with respect to the welfare of the child and their custody arrangements civil and amicable. 4 f LIABILITIES OF THE PARTIES SINCE SEPARATION: Each party represents that he and she have not, since the date the parties separated, contracted any debt or incurred any liability for which 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 for which the other party will be liable. Each party agrees to indemnify and hold the other party harmless from all future obligations of every kind which he or she may incur, including those for necessities. LIABILITIES OF THE PARTIES: During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that HUSBAND shall be responsible for all bills, obligations and debts arising from the marriage which were incurred in his name and which have not been paid off as of the date of this agreement, and that WIFE shall be responsible for all bills, obligations and debts arising from the marriage which were incurred in her name and which have not, been paid off as of the date of this agreement. LEGAL FEES AND EXPENSES: HUSBAND and WIFE hereby agree to waive any right to alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. M=AL RELEASE OF ESTATE: WIFE and HUSBAND each does hereby mutually release, quitclaim, and forever discharge the other and the estate of the other, for all time to come, of and from any and all rights, titles and interests, or claims in or against the property of the other(including income and gain or loss from property) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the 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 or 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 law or by agreement, except as modified by this agreement, or any rights which either party may have or at any time hereafter may 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 relationship or otherwise, excepting only those rights and 5 obligations arising from this agreement. It: is the intention of WIFE and HUSBAND to give to each other by the execution of the agreement a full, complete and general release with respect to any and all property of any kind or nature, real personal or mixed, which the other now owns or may hereafter acquire, excepting only those rights obligations arising from this agreement. BANKRUPTCY: In the event of a bankruptcy of either party to this agreement at any time when obligations recited herein remain to be fulfilled, in that the acceptance of such promises of one party by the other have been in consideration of a waiver of support, alimony or other nondischargeable debt, such promises shall survive bankruptcy as if in conformity with the provisions for nondischargeability contained in the Bankruptcy Code, even if not in literal or actual conformity. OTIM DOCUMENTATION: WIFE and HUSBAND agree that they will forthwith execute any and all written instruments, documents of title, or other writings which may be necessary or desirable for the proper effectuation of this agreement. SUCCESSORS' RIGHTS AND LIABILITIES: This agreement, unless otherwise provided, shall be binding upon and inure to the benefit of the parties, their heirs, executors, administrators, successors and assigns. ENTIRE AGREEMENT: This agreement contains all of the representations and promises made by either of the parties to the other for the purposes contained herein. There are no claims, promises or representations not herein contained, either oral or written. Nothing concerning this agreement may be changed unless reduced to writing and signed by both of the parties hereto; and the temporary waiver or nonenforcement of any provision of this agreement shall not be deemed to be a waiver of any provision of this agreement. This agreement shall survive as a contract binding the parties hereto notwithstanding its incorporation into any Decree of Divorce or other court order. The parties agree that this agreement may be incorporated into any order or decree of court, but such incorporation, if any, shall not deprive this agreement of its status as a contractual obligation of the parties. ENFORCEMENT OF AGREE' - ATTORNEY'S FEES: In the event of a need to seek enforcement of this agreement by either party, the prevailing party in any enforcement action shall be entitled to recover reasonable attorney's fees and any other reasonable out of pocket costs incurred in the enforcement effort in addition to any other relief awarded by the Court. 6 w n SEVERABILITY: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this agreement and in all other respects, this agreement shall be valid and continue in full force and effect. Likewise, the failure of any part to meet her or his obligations under any one or more of the paragraphs herein shall in no way void or alter the remaining obligations of the parties. This agreement shall be construed in accordance with the statutory and case law of the Commonwealth of Pennsylvania existing as of the date of this agreement. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. This agreement is executed in duplicate and in counterparts and each party acknowledges the receipt of a duly executed copy hereof. WITNESSES: (SEAL) (SEAL) 7 e?ROT?IONOTA 23t t ??,R -7 Aid It ? 45 ,UMBER Y??AN Q ?u ?E4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SHAWN M. CONWAY Plaintiff VS. ELIZABETH A. LUTZ-CONWAY Defendant . No. 08-521 Civil Term Civil Action - Law In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 23, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Sec. 4904 relating to unsworn falsification to authorities. DATE: March 3, 2011 SHA CO Y, P1 ntiff 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 are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: March 3, 2011 SHA . CONq? P tiff 1 11 MARRIAGE SETTLEMENT AGREEMENT -? 1W fir= THIS AGREEMENT made this day of 201 by c?ad between ELIZABETH A. LUTZ-CONWAY, hereinafter referred t. -'° "WIFE," and SHAWN M. CONWAY, hereinafter referred to as ° p" CD "HUSBAND," t-? WHEREAS, the parties hereto"are husband and wife, having b, married on April 23, 2004, at Key West, Florida; and WHEREAS, there was one child born of this marriage, Kaden John Conway; and WHEREAS, unhappy differences have arisen between the parties and it is their intention to live separate and apart, as they have been doing so since May 2007; and WHEREAS, the parties now desire to make a final settlement of their financial, property and other rights and obligations as between each other, including without limitation: a. all matters relating to the ownership of real estate and personal property; b. all matters relating to the past, present and future support and or maintenance of either party; c. any and all claims and possible claims by one against the other; and d. the implementation of custody arrangements for the minor child of the parties for the immediate future. NOW, THEREFORE, IN CONSIDERATION of the mutual promises, covenants and undertakings hereinafter set forth and for the other good and valuable consideration, receipt of which is acknowledged by each of the parties, HUSBAND and WIFE, each intending to be legally bound, covenant and agree as follows: AGREEMENT' PREDICATED UPON DIVORCE: It is understood and agreed by the parties and each warrants and represents to the other that the execution and delivery of this agreement is predicated upon and made subject to their further agreement to institute and conclude by their mutual consent a no fault divorce. Both parties warrant that they will execute affidavits of consent to a Section 3301(c) divorce promptly within 90 days of the filing and service of such a divorce by HUSBAND. This agreement shall be subject to rescission, with any transfers hereunder being voidable, and with attorney's fees being recoverable as part of the damages sustained, in the event of any failure of either party to proceed with the divorce as contemplated in this paragraph. ADVICE OF COUNSEL: Each party acknowledges receiving, or having had the opportunity to receive, independent legal advice from counsel of his or her selection with regard to the provisions of this agreement and their legal effect. With full understanding of the facts, legal rights and obligations relevant to this agreement, and each acknowledges that this agreement is, in the circumstances, fair and equitable, freely and voluntarily made, and is not the result of any duress or undue influence. To the extent that either party may be proceeding without having discussed this agreement or any of its provisions with counsel, that party is nevertheless aware of the right to legal representation, and declares that it is her/his express, voluntary and knowing intention to proceed without counsel, choosing instead self-representation. FULL DISCLOSURE: Each party has been fully informed of the rights granted to parties under the Divorce Code of 1980 of Pennsylvania, as amended, especially with respect to alimony, alimony pendente lite, counsel fees, court costs, and equitable distribution of marital property. Each party has given full disclosure to the other as to all assets, liabilities, and similar financial information, and each party is fully satisfied with such disclosures received. PERSONAL RIGHTS: WIFE and HUSBAND may and shall hereafter live separate and apart at such places as each may select. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other as fully as if she or he were unmarried. Neither shall harass or malign the other or his or her family in any manner. Each may engage in any business or employment of choice for his or her separate use or benefit. This provision shall not be taken to be an admission on the part of either party of the lawfulness of the causes which led to their living apart. PERSONAL. PROPERTY: WIFE and HUSBAND hereby acknowledge that they have previously set aside to one another their tangible marital personal property, exclusive of motor vehicles, and including but without limitation all jewelry, clothing, furniture and other personalty. Each agrees that all of the property presently in possession of the other party shall be the sole and separate property of the other. Each of the parties hereby waives any claims he or she may have with respect to any of the above items which are in the possession of the other. AUTOMOBILES: During the course of the marriage, HUSBAND acquired a 2002 Lexus IS 300 automobile. Both parties are obligated on the purchase money loan that was taken out for the purchase of the vehicle. HUSBAND shall continue to pay the loan obligation on this vehicle in a timely manner, as required by its terms, so that WIFE's credit cannot be adversely affected. At such time as 2 HUSBAND has secured the financial means to do so, he shall seek to refinance this vehicle so as to remove WIFE's name. HUSBAND shall remove WIFE's name from the obligation of this vehicle by its sale; trade-in, refinance or payoff within one year of the date of this agreement. To enable HUSBAND to transfer title to the vehicle at that time, WIFE shall execute a limited power of attorney in favor of HUSBAND authorizing him on a one-time basis to convey title to this vehicle to himself or to a third party. FULTON BANK STOCK: HUSBAND waives all right, title and interest he may have in and to WIFE's Fulton Bank stock. REAL PROPERTY: HUSBAND hereby agrees to transfer to WIFE, at such time as WIFE is able to refinance the property, all of his right, title and interest in the real estate located at 501 Fifth Street, New Cumberland, Pennsylvania 17070. From the date of this agreement, WIFE agrees to assume as her sole obligation all mortgage payments, taxes (including liabilities for gain or loss), claims, damages or other expenses incurred in connection with said premises, and agrees to indemnify and hold harmless the other party from any such liability or obligation. WIFE agrees to accomplish the refinance of the real estate within one year of obtaining employment, but in no event later that 18 months after the date of this agreement. WIFE shall have the right to sole occupancy of the real estate, pending the transfer of the property. CONTINUING JOINT FINANCIAL OBLIGATIONS: The parties acknowledge that the agreement they have reached herein involves each continuing to pay upon a joint obligation, and each remaining liable on an obligation being paid by the other until such time as that obligation is paid off or otherwise released. HUSBAND's obligation is referenced in the previous paragraph relating to his automobile; WIFE's obligation is in the previous paragraph relating to the marital real estate. In the event that either party reaches the point when they are obliged to secure the release of the other party on their respective obligation, and despite good faith efforts to refinance or otherwise dispose of the obligation, a release cannot be obtained, that party agrees to renew his or her efforts to obtain the release of the other party at six-month intervals, and, in the meantime, to assume the duty to hold the other party harmless and indemnify him or her in all respects from any liability which may ensue, using his or her best efforts to assure that the good name and credit of the other party are not adversely affected by any default in required payments. RELEASE OF SUPPORT/ALIMONY: The parties herein acknowledge that they have each secured and maintained adequate funds to provide for their comfort, 3 maintenance, and support in the station of life in which they are accustomed. WIFE and HUSBAND, though recognizing that a claim for alimony or support might be advanced, hereby release any rights each may have against the other for alimony, support or maintenance. It shall hereafter be the sole responsibility of the parties to sustain themselves without seeking any support from the other. SUPPORT OF CHILD: WIFE is the plaintiff and HUSBAND is the defendant in a child support matter in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, docketed as 2009-S- 2008. The parties agree to amend from time to time the current Order for Child Support consistent with the Pennsylvania Support Guidelines. CUSTODY AND VISITATION: WIFE shall have primary custody of the minor child, Kaden, and HUSBAND shall be permitted to have partial custody of the child, away from the residence of WIFE, as often as may be practicable under the circumstances and deemed to be in the child's best interests. JOINT CONSULTATION: The parties shall share legal custody and agree to confer on all matters of importance relating to the child's health, maintenance, and education, with a view toward obtaining and following a harmonious policy in the child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation. If the parties have internet access, they shall keep one another informed of their respective e-mail addresses. Each party shall allow the other reasonable telephone contact to and from the child and reasonable e-mail contact to and from the child during his or her periods of partial custody. The parties further agree to cooperate in the sharing of information and the execution of any documents, where both parents' signatures are required, to permit their child to participate in extracurricular activities and travel opportunities. Finally, the parties agree that harmonious communications between them are an essential feature to their good cooperation and in their ability to present the appropriate image of cooperating parents to their child. To this end, it is agreed that any and all derogatory or otherwise harassing telephone messages, text messages, or emails shall cease. Each party shall endeavor to keep their communications with respect to the welfare of the child and their custody arrangements civil and amicable. 4 LIABILITIES OF THE PARTIES SINCE SEPARATION: Each party represents that he and she have not, since the date the parties separated, contracted any debt or incurred any liability for which 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 for which the other party will be liable. Each party agrees to indemnify and hold the other party harmless from all future obligations of every kind which he or she may incur, including those for necessities. LIABILITIES OF THE PARTIES: During the course of the marriage, HUSBAND and WIFE have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that HUSBAND shall be responsible for all bills, obligations and debts arising from the marriage which were incurred in his name and which have not been paid off as of the date of this agreement, and that WIFE shall be responsible for all bills, obligations and debts arising from the marriage which were incurred in her name and which have not been paid off as of the date of this agreement. LEGAL FEES AND EXPENSES: HUSBAND and WIFE hereby agree to waive any right to alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. MUTUAL RELEASE OF ESTATE: WIFE and HUSBAND each does hereby mutually release, quitclaim, and forever discharge the other and the estate of the other, for all time to come, of and from any and all rights, titles and interests, or claims in or against the property of the other(including income and gain or loss from property) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against the 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 or 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 law or by agreement, except as modified by this agreement, or any rights which either party may have or at any time hereafter may 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 relationship or otherwise, excepting only those rights and 5 obligations arising from this agreement. It is the :intention of WIFE and HUSBAND to give to each other by the execution of the agreement a full, complete and general release with respect to any and all property of any kind or nature, real personal or mixed, which the other now owns or may hereafter acquire, excepting only those rights obligations arising from this agreement. BANKRUPTCY: In the event of a bankruptcy of either party to this agreement at any time when obligations recited herein remain to be fulfilled, in that the acceptance of such promises of one party by the other have been in consideration of a waiver of support, alimony or other nondischargeable debt, such promises shall survive bankruptcy as if in conformity with the provisions for nondischargeability contained in the Bankruptcy Code, even if not in literal or actual conformity. OTHER DOCUMENTATION: WIFE and HUSBAND agree that they will forthwith execute any and all written instruments, documents of title, or other writings which may be necessary or desirable for the proper effectuation of this agreement. SUCCESSORS' RIGHTS AND LIABILITIES: This agreement, unless otherwise provided, shall be binding upon and inure to the benefit of the parties, their heirs, executors, administrators, successors and assigns. ENTIRE AGREEMENT: This agreement contains all of the representations and promises made by either of the parties to the other for the purposes contained herein. There are no claims, promises or representations not herein contained, either oral or written. Nothing concerning this agreement may be changed unless reduced to writing and signed by both of the parties hereto; and the temporary waiver or nonenforcement of any provision of this agreement shall not be deemed to be a waiver of any provision of this agreement. This agreement shall survive as a contract binding the parties hereto notwithstanding its incorporation into any Decree of Divorce or other court order. The parties agree that this agreement may be incorporated into any order or decree of court, but such incorporation, if any, shall not deprive this agreement of its status as a contractual obligation of the parties. ENFORCEMENT OF AGREEMENT - ATTORNEY'S FEES: In the event of a need to seek enforcement of this agreement by either party, the prevailing party in any enforcement action shall be entitled to recover reasonable attorney's fees and any other reasonable out of pocket costs incurred in the enforcement effort in addition to any other relief awarded by the Court. 6 SEVERABXLX77: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this agreement and in all other respects, this agreement shall be valid and continue in full force and effect. Likewise, the failure of any part to meet her or his obligations under any one or more of the paragraphs herein shall in no way void or alter the remaining obligations of the parties. This agreement shall be construed in accordance with the statutory and case law of the Commonwealth of Pennsylvania existing as of the date of this agreement. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. This agreement is executed in duplicate and in counterparts and each party acknowledges the receipt of a duly executed copy hereof. WITNESSES: (SEAL) (SEAL) 7 SHAWN M. CONWAY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAW VS. • CIVIL DIVISION °o ..- frt t rn -0 ELIZABETH A. LUTZ-CONWAY ? NO. 08-521 CIVIL' =°c 37n C1;. PRAECIPE TO TRANSMIT RECORD To the Prothonotary:? Transmit the record, together with the following information, to the court for entry of a divorce decree: I . Ground for divorce: Irretrievable breakdown under § (3301(c))Mil ?tQXCj? of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: 1 / 2 9 / 2 0 0 8 ; certified mail,,return receipt requested, restricted delivery 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 3 / 3 / 2 011 ; by defendant _ 1/5/2011 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: All economic issues settled by MSA dated 1/5/2011 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: 3/7/2011 Date defendant's Waiver of Notice was filed with the Prothonotary: 1/13/2011 Marc Roberts , Attom y Lfor kPI*Xft SHAWN M. CONWAY V. ELIZABETH A. LUTZ-CONWAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-521 Civil Term DIVORCE DECREE AND NOW, MWQCH 17 2011 , it is ordered and decreed that Shawn M. Conway Elizabeth M. Lutz-Conway bonds of matrimony. plaintiff, and defendant, are divorced from the 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.") It is further ordered and decreed, pursuant to Pennsylvania Divorce Code, 23 Pa. C.S.A. Sec. 3101 et seq. and Pa.R.Civ.P. 1920.1 et seq., that the terms and conditions of a certain Marriage Settlement Agreement made between the parties dated 1/5/2011, attached hereto and made a part hereof, and in accordance with the paragraph entitled ENTIRE AGREEMENT, p.6, , -ewe-a-ed-in a any order or decree of court, but such incorporation, if any, shall not deprive this agreement of its status By the Court, as a contractual obligation of the parties." j _N?L ?? ? Attest: J. "? ??w rothonotary Oxrt `-'x'1'7 rno io aUtf rR76,o f NAce. + Copy wed 4* di"