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HomeMy WebLinkAbout04-0077KATHY L. LEWIS, VS. JAMES L. LEWIS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .o. CIVIL ACTION - LAW IN DIVORCE & CUSTODY 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 dghts 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 OUTWHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 KATHY L. LEWIS, Plaintiff * PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ve. * NO. ?? JAMES L. LEWIS, * CIVIL ACTION - LAW Defendant * IN DIVORCE & CUSTODY COMPLAINT UNDER §330t OF THE DIVORCE CODE 1. Plaintiff is KATHY L. LEWIS who currently resides at 71 Johns Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant is JAMES L. LEWIS who currently resides at 71 Johns Ddve, Enola, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on April 25, 1987 in Enola, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divome or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are three children of the parties under the age of eighteen: Brandon (7/17/89), Josiah (9/1/93)and Frederick (9/29/94). COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. The pdor paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. The pdor paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 17. The pdor paragraphs of this Complaint are incorporated herein by reference thereto. 18. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement oftheir differences. 19, While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 20. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. 26. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation dghts with respect to the children. 27. The best interests of the children will be served if shared legal and primary physical custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pumuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the children in Plaintiff, Date: BY: Respectfully submitted: Jenr'~ifer L. Frechette, Esquire 130 West Church Street, Suite 130 Dillsburg, PA 17109 (717) 432-9666 ID #87445 ATTORNEY FOR PLAINTIFF KATHY L. LEWIS, VS. JAMES L. LEWIS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-77 Civil Term CIVIL ACTION - LAW IN DIVORCE & CUSTODY AFFIDAVIT OF SERVICE I, Lindsay M. Strathmeyer, being duly sworn, deposes and says that she is an adult and that she served a Complaint in Divorce on the Defendant, with regard to the above captioned matter atthe Defendant's last known address as follows:71 Johns Drive, Enola, PA 17025 by certified mail, restricted delivery, return receipt requested on the 8th of January, 2004. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: January 13, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK WILEY, LENOX, COLGAN & MARZZACCO, P.C. .--- c4Az .(- M. ~ratM~eyer J : SS : On this, the 13th day of January, 2004, before me, a notary public, personally appeared Lindsay M. Strathmeyer known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notadal seal the day and year aforesaid. My Commission Expires: Notadal Seal S. Dawn Gladfelter, Notary Public Dillsburg Boro, York County My Commission Expires May 17, 2005 nj 123 -- 0004 4253 4561 EXHIBIT "A" KATHY L. LEWIS, JAMES L. LEWIS Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLKND COUNTY. PENNSYLVANIA No. 04-77 Civil Term CIVIL ACTION - LAW DIVORCE MARITAL SETILEMENT AGREEIvlENT THIS AGREEMENT is made this N~'~ clay °f ~-~'~,-~ .2004, by and between JAMES L. LEWIS, born October 21, 1961, and KATI~I~ L. LEWIS, born October 24, 1963: WITNESSETH: WHEREAS, James L. Lewis (hereinafter referrcd to as "Husband") and Kathy L. Lewis (hereinafter referred to as "Wife") are husband and wife, having been lawfidly married on April 25, 1987, in Cumberland County, Pennsylvania; WHEREAS, three children were born of the marriage between the pa.~ies, namely Brandon J. Lewis (bom Ju/y 17, 1989), Josiah D. Lewis (born September 1, 1993), and Frederick J. Lewis (born September 29, 1994); WHEREAS, the patties hereto are desirous of settling fully and finally their respective financial and property tights and obligations as between each other, i~luding, without limitation, the sealing of all matters between them relaling to the ownership of real and personal property, the support and maintenance of one another and, in general, the seO,/ing of any and all claims and possible claims by one agamst the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable vansideration, the receipt and sufficiency of which is hereby acknowledged by each of the parlies herel:o, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Al)VICE OF COUNSEL. Thc provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each l~ny acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal tights and obli~gations~ and each party acknowledges and accepts that this Agreement is, in the circumstances, P, dr and equitable, and that is being Initials: .~t, l I Initials: K~) entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue fi uence, and t~ it is not the result of any improper or illegal agreement or agroements. In addition, each l~ly hereto acknowledges that he or she has been fully advised by his or her respective attorney of the im~aet of the Peonsylvama Divorce Cede, whereby the court has the right and duty to determine all mantul fights of the parties including divorce, alimony, alimony pendente lit_ge equitable distribution of all rsarital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fitly advised of his or her fights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maimen~mce, equitable disttibufion, counsel fees and costs of litigation. 2. 1)ISCLOSURE Olr ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written hiterrogatories, morions for preduetion of doenments, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Peun~,ylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parti~m do hereby acknowledge that there has been full and fair disclosure to the other of his or her ~t~ctive incx~me, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agro~ that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the pa~es do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of asaets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory Jo them, Each of the parties hereto far,er ,:ovenants and agrees for himseff and herseff and his or her heirs, executors, administrators or assigns in m~y action of contention, direct or Initials: ._lc. L 2 Initials: Initials: indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, cany on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, hiuass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any properly now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties aclmowledge that on January 7, 2004, Wife initiated a divorce action under the no-fanit provisions of the Din, one Code in die Cumberland County Court of Common Pleas docketed at No. 04-77 Civil Term. It :is the intention of the parties, and the parties agree, that by this Agreement diey have resolved all ancillary economic issues related to then- divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The 10attics agree diat upon die expiration of the ninety (90) day waiting period provided for under Section 3301 (c) of the Divorce Code, each will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entq, of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record and any and all other documents necessary to precipitate the prompt entg~ of a divorce decree. 5. E~)UITABLE DISTRIBUTION. (a) Marital lt.~sidence. The pa~ies acknowledg: that they own a home and property located at 71 Johns Drive, Enola, Cumberland County, Pennsylvama 17025 (hareinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Contemporaneously with the execution of this Agreement, Husband and Wife shall execute and deliver an appropriate deed, to be prepared by Wife's counsel 3 Initials: _~ in a form satisfactory to Husband, convey~ing to Wife aH of the parties' tight, title, claim and interest in the Marital Residence and that Wife shall be entitled to record said deed and take any action wi~h resp~ thereto tlmt she deems approp~6ate. (2) Commencing on the execution date of ~his Agreement, any and ail homeowners policies, title policies, and any other polio3, of insurance with respect to the Marital Residence shall be deemed lo be eodorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. (3) Commencing on the execution date of this Agreement, Wife shall be solely responsible for ail costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, mchiding, but not limited to, the existing mortgage, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shaH keep Husband and his successors, assigns, heirs, executors and ad~imstrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. Co) Furnishln and Personal . The parties agree that they have divided by agrcemem between themselves all furnishings and personalty located in the Marital Residence, including aH furniture, furnishings, antiques, jewelry, rags, cmpets, household appliances and equipment. (e) .Motor Vehiclen. The parties agrees that Wife shall receive as her sole and separate proper~ ail vehicles curreafly titled in her name solely, along with ail rights under any insurance policies thereon and with ail responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and ail right, title, claim or interest of Husband. Wife shall indemnify and hold Hnslnmd and his property harmless from any and all Initials: _~' liability, cost or expenses, including actual attorney's fees, i~:urred in connection with said vehicles. Wife agrees that Husband shall relain possession of and receive as his sole and separate property any motor vehicles currently titled solely in his nana:, along with all fights under any insurance policies thereon and with all responsibility for paylnent of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband sludl indemnify and hold Wife and her property harmless from any and al/liabthty, cost or expense, including actual attorneys fees, incurred in conno~on with said vehicles. Any vehicles owned jointly by the parties shall be signed over to the party who shall retain possession of said vehicle in which case the pasly retahimg possession shall ~ possession of and receive as his or her sole and separate preperty said vehicle(s), along with all rights onder any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, rifle, claim or interest of the other patty not retaining possession of :said vehicle and shall indemnify and hold the other and his or her property harmless from any and all liability, cost or expense, inchiding actual attorneys fees, incurred in connection with said vehicle(s). (d) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, ff any, and also specifically to include a waiver of any beneficiary designation thereunder. (e) Pension and Retirement Benefil-~ The parties agree that Husband shall receive 50% of that portion of Wife's state pension having accrued between April 25, 1987 and January 7, 2004. The paifies shall equally divide the costs of obtaining a Qualified Domestic Relaliuns Order through Pension Appraisals, Inc., or through any other mutually agreed upon method. Wife hereby specifically releases and waives any and all right, title, claim or interest that she may have in the benefits which Husband has been awarded pursoant to this paragraph, specifically to inciude a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Except as set forth above regarding Wife's state pe~aion, Wife and Husband each Imlials:.A[L~ c 5 lnitia/s: hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in nad to nay and all retirement benefits (including but aot limited to pension or profit sharing benefits, deferred compensation plans, 4010c) plans, employee savings and thrift plnas, individual retirement accounts or other similar benefits) of the other party, slx~dically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents porsuanl to the Retirement Equity Act or nay similar act that may be required from time to time to accomplish the purposes of this subparagraph. (f) Cash Acenunts~ Stocks and lnvestmente (1) Husband nad Wife agree to equally divide a~ll jointly held flocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a ~ na~me which now are titled jointly by both Husband nad Wife. (2) Wife agrees that Husband shall re,in as his sole and separate propezXy, free from nay nad all tight, title, claim or interest of Wife, nay and all stocks, bonds, investarents, sums of cash in savings or cbec~cing accounts, mutua/funds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone. (3) Husband agrees that Wife shall retain as her sole and separate property, free from nay nad all fight, title, claim or interest of Husband~ any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or nay other assets ora similar nature which now are titled in Wife's na/lle alone. (4) Both parties agree that neither shall access tbe other's financial accounts in nay manner, whether electronically or by other m~mus. The parries also ag~c to close nay joint financial or credit accounts within thirty days of exccutiun of this agreement. (g) MisceHanenus Pro . As of the exeention date of this Agreement, nay and all property not spociflcally addressed herein shall be owned by the party to whom the property is Iuitials: -..~ £. 6 Initials: ~ ~ ~ filled; and if untitled, thc party in possession. This Agreemem shall constitute a sufficiem bill of sale to evidence the ~'ansfer of any and all ri~ht~ in such property from each to the other. (h) Property to Wife. The pa~ies agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any mserance policies covering that property, and any escrow accounts relating to that properly. This Agreement shall constitute a sufficient bill of sale to evidence the lransfer of any and ail rights in such property from Husband to Wife. (i) Pro rt to Itt~sband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and ail rights thereto, together with any insmance policies covering that properly, and any escrow accounts relaOng to that properly. This Agreement shall constitute a sufficient bill of saie to evidence the transfer of any and a/l rigl~ in such prope~y from Wife to Husband. (j) Assumption of Enenmbra~e~ (1) Wife shall be solely responsible for any and all liabilities she has recurred winch are solely in her name. Wife shall also be solely responsible for any and all expenses associated with the Marilal Residence as set forth in subparagraph 5(a) above. (2) Husband shall be solely responsible for any and all liabilities he has recurred which are solely in his name. (3) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement Each l~trty agrees to indemnify and hold harmless the other ~ and his or her propenty from any c/aim or liability that the other patty will suffer or may he required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. Ihilials: 7 (k) Liabilit Not Listed. Each party represents and warrants to thc other that he or she bas not incurred any debL obligation or other liability, olher than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who h~m incurred or may herea~er incur it, and such pa~' agrees to pay it as the same shah become duc, and to indemnify and hold the other party and his or her property hannless from any and all such debts, obligations and liabilities. 0) Indemnification of Wife. If any claim, action or proceeding is hereafter imtiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife a~-ainst any such claim, action or proceeding, whether or not well-fonnded, and indemnify her and her proparty against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incmred by Wife in connection therevath. (m) .Indemnification of Husband If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or oblig~ttinns assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not wall-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (n) Warranty as to Future Obli~a*it.~ Hnsl~md and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal represerttatives, propa~y or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indenmify, save and hold the other and his or her property harmless from any liabdity, loss, cost or expense wbatsuever, including attorneys fees, incurred in the event of breach hereof. 6. AL1]M[ONY/CH1LI) SUPPOI~T. Husband shaft be entitled to alimony from Wife in an amount equal to any court ordered obligation to Wife for child support. ~;aid alimony payments shall begin Initials: ~c 8 Initials: ~j~ on thc same effective date and last for thc same duration and be paid with thc same frequency as said court ordered child support payments. Wife shall be entitled to alimony frc,m Husband in an amount equal to any court ordered obligatiun to Husband for child support. Said alimuny payments shall begin on the same effective date and last for the same duration and be paid w/th the same frequency as said court ordereq child support payments. Thc parties release and wuive any fights they may have to seek modification of thc terms of this paragraph in a court of law or equity, it being understood that the foregoing constilutes a fiua/ determination for all time of either party's obligation to contribute to the support and maintenance of the other. It is the pa~ies' intention to continue under the terms of this subparagraph regardless of any potential future change in the current shared child custody arrangement. Except as otherwise provided herein, both parties waive alimony, support, or alimony pcndente lite. 7. .COSTS RELATED TO CHILDREN. Wife shall continue to provide health insurance for the paCdes' children through her employment until July of 2004 at which time the parties shall equally divide the costs of obtaining health insurance for the children. The pa~ties agree to equally divide any medical co-payments as well as all medical expenses not paid or rcimbm~ed by insurance, including but not limited to dental costs and orthodontic expenses. Thc pa~es fut~cr agree Io equally divide the costs of obtaining clothing and shoes for the children as well as any other expenses relating to the children both parties mulually agree to be necessary for the weffare of the children. 8. .CHILD CUSTODY. The parties agree to share legal custody of the children jointly. The pa~es further agree to equally share physical custody of the children, thc details of which shall be agreed upon between the parties. The parties shall share holidays such that in all even years Wife shall have physical custody of the children Easter Sunday, Independence Day and Christmas Eve (beginning at noon until Chrisauas Day at noon); Husband shall have said schedule in all odd years, fu all even years, Father shall have physical custody of thc children on New Year's Day (beginning at noon), Thanksgiving Day, Christmas Day (begimUng at noon), and New Years Eve (beginning: at noon through New Year's Day at noon); Wife shall have said sehedulc in all odd years. The parties may modify this subparagraph as mutua/ly agreed upon in furtherance of the children's best interests and in consideration of changes in each other's schedules. Initials: 9. COUNSEL FEES~ COSTS ANI) EXPENSE~. l~ch pmly shall be solely responsible for his or her own legal fees, costs and expenses inconed in connection with theft separation and/or the dissolution of their marriage, and the preparation and execution of thi~ Agreement. 10. _WAIVER OF IN~I~ITANCE RIGHi~S. Unless otbenvise specifically provided in fl~is Agreement, as of the execution date of this Agreement, Husband and Wife each waives ail rights of inheritance in the estate of the other, any right to elect to lake agains~ the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreemem. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or uny other jurisdiction, and shall include all rights under the Pennsylvama Divorce Code. 11. WAIVER OF BENEFICIARy DESIGNATION. Unless otherwise specifically set forth in lifts Agreement, each par~y hereto specifi~lly waives any and all bene~iaimy rights and any and all rights as a surviving spouso in and to any asset, ben. fit or like progrmn cm'ryhig a beneficiary design~liun which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay cheeks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of ~s Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other parly continues to be named as benelicia~y and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their proper/y except as provided for in this Agreement. Furthermore, except as otherv,4se provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, rifle or interest whatsoever he or she Initials: ~.~6 t 10 Initials: Initials: may have in property tran~ened to the offer party laWnmm to this Agreement or identified in this Agreement as belonging to the other parly, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither parly is released or discharged from uny obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own und enjoy indepundenfly of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose oftbe same fully and effectively for all purposes. 00) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for ail purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or mamtanance, aiimony pendente ~ alimony, eqmtable dislribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or othe~dse, including all rights und benefits under the Pennsylvania Divorce Code of 1980, its supplemca~ts und amendments, as well as under uny other law of uny other jurisdiction, except und only except all rights und obligations arising under this Agreement or for the bvmch of uny of its provisions. Neither party shall have any obligation to the other acl expressly set forth herein. (c) Except as set forth in this Agreement, each party herd)y absolutely and uncondifionaily releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property und estate from any and ail rights, cL'dms, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, cartesy, widow's or widower's rights, family exemption or similar ailowance, 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 z~ testamenta~, or ail other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commom~enlth or territory of the United States, or any other counlry. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each lmrly gives to the other by the execution of this Agreement an absolute and unconditional release a~M discharge from all causes of action, claims, rights or demands whatsoever in law or in eqaity, which either pasly ever had or now has against the other. 13. PRESERVATION OF RECORDS. Each parly W~ill keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, reecisaa~q, or amendment to this Agreement shall be effective unless in vailing signed by each of the patties hereto. 15. SEVERABILITY. If any provision of this Agreen~mt is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless sur¥ive and continue in full force and effect without being impaired or invalidsted in any way. 16. BREACH, ff either party hernto breaches any provision hereof, the other party shall have the right, a! his or her election, to sue for damages for such breuc~, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching pan'y all costs, expenses and legal fees actually iucun'ed in the enforcement of the rights of the non-breaching party. 17. WAIVER Olr BREACH. The waiver by one party of any breach of this Agreement by the other patly will not be deemed a waiver of any other breach or any provisiun of this Agreement. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execurion of this Agreement. 19. DATE OF EXECUTION. # · , . The date ofexccntson o~c %xecut~on date" of this Agreement shall be defined as the date upon which the parties signed the Agreement ff they do so on the Initials: 12 initials: same date, or if not on the same date, then the date on which the Agreemem was signed by the last l~arty to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION, COHABITAT/ON OR DIVORCE. This Agreement shall remain in full force and effect and shall not he abrogated even if the parties effect a reconciliation, cohabit as hushand and wife or attempt to effect a reeonciliatlon. This Agreement also shall continue in full force and effect in the evem of the I~atties' divorce. There shall he no modification or waiver of any of the terms hereof anless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to he null and void. 22. _HEADINGS NOT PART OF AGREEMENT Any headings preceding the ~:xt of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a pan of this Agreement nor shall they affect its meaning, coJkqn~don or effect. 23. .AGREEMENT BIND/NG ON PARTIES AND Hl~:llt~ This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by ~ference; that he or she has discussed its provisinns with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or h.x own attorney; and that this histrumem expresses the entire agreement between the parties enneeming the subjects it purports to cover and supersedes any and al/prior agreements between the pardes. This Agreement should be intearp~ted fairly and simply, and not strictly for or against either of the parties. 25. _MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sa/e, assignments, consents to change of henefici~u-y designations, tax returns, and other documents, and shall do or cause to he done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agrecmem. ff either party unreasonably fails on Initials: 13 Initials: demand to comply with these provisions, that party shall pay to the o~her par/y all altomey's fees, costs, and other expenses actually recurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGEI~. This Agreement may be incorporated into a d~cree of divorce for purposes of enforcement only, but othen,tise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in eqm/y under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the Imrties hereto set their hands and seals on the dates of their acknowledgments. Initials: ._.~t./~ COMMONWEALTH OF PENNSYLVANIA ) BEFORE ME, the undersigned authority, on this day personally appeared JAMES L. LEWIS, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for ~he purposes and considerations therein expressed. GIVEN UNDER MY HAND this ,_~3 ~_ day of~~ · 2004. COMMONWEALTH OF PENNSYLVANIA ' No~-~--Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: ..... BEFORE ME, the undersigned aulhority, on this day persomtlly appeared KATHY L. LEWIS, known to me to be the person who executed ~he foregoing instrument, and who acknowledged to me that she executed same for the ~ and considerations therein expressed. GIVEN LrNDER MY HAND H~S ~5'~ day of ~9(~ ~c~ , 2004. l~otaty Public in and for Commonwealth of Pennsylvania Typed or printed name of Notaxy: My conunission expires: IfA THY L. LEWIS, Plainttff JAMES L. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P E NNS YL V~A.. NIA No. 04-~ Civil Term CIVIL ACTION- LAW IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on January 7, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and nineO~ (90) days have elapsed from the date of filing and service of the Complaina 3. I consent to the entry of a final decree of divorce ~fter service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correc~ I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsificutt'on to authorities. Date Kathy I~ Lewis Plaintiff KA THY L. LE WIS, Plaintiff VS. JAMES L. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE NNS YL VA NIA No. 04-77 Civil Term CIVIL ACTION- LAW IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3501(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 l do not claim them before a divorce is granted. 3. 1 understand that 1 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 tmmediately after tt ts filed with the Prothonotary. · ' e I verify that the statements made in this affidavit are tru and correca I understand that false statements made herein are subject to the penalties o fl8 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Plaintiff ~ " 5:? IDl THY L. LEWIS, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YL VA NL4 No. 04-77 Civil Term JAMES L. LEWIS, Defendant CIVIL ACTION- LA W IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on January 7, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and nineO: (90) days have elapsed from the date of fillng and service of the Complain& 3. I consent to the entry ora 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 correca I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. KA THY L. LEWIS, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-77 Civil Term JAMES L. LEWIS, Defendant CIVIL ACTION- LAW IN DIVORCE & CUSTODY [}~IVER 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 l 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 correca I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. KATHY L. LEWIS, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-77 Civil Term JAMES L. LEWIS, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2, Date and manner of service of the Complaint: By U.S. Certified Mail, return receipt requested, restricted delivery on January 10, 2004. An Affidavit of Service was filed with the Court on January 14, 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: April 12, 2004; By Defendant: April 18. 2004, (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: All related claims were resolved by a Marital Settlement Agreement dated January 30. 2004. Said Marital Settlement Agreement was filed with the court in February 5, 2004, 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Recon], a copy of which is attached: (b) Date PlaintiWs Waiver of Notice in Section 3301(c) Divorce wasfiled with the Prothonotary: April 15. 2004; Date Defendant's Waiver of Notice in Section 3301(c) Divorce will befiled with the Prothonotary: simultaneously with this Praecipe. By: r L. Frechette, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STate Of PeNNA. KATHY L. LEWIS, Plaintiff VERSUS JAMES L. LEWIS, Defendant NO. 04-77 Civil Term AND NOW, DECREED THAT DECREE IN ORCE /, KATHY L. LEWIS 2004 , IT IS ORDEREd AND , PLAINTIFF, AND JAMES L. LEWIS ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms and provision~ of ~h~ M~rriagP S~l~m~n~ Agreement signed by both parties on January 30, 2004 are hereby incorporated but not merged in th~ f Divorce and remain binding upon the partie~~By ~ ATTEST: PROTHONOTARY KATHY L. LEWIS, Plaintiff VS. JAMES L. LEWIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-77 CIVIL TERM : : C1VIL ACTION - LAW : CUSTODY PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW comes James L. Lewis, Petitioner, Defendant above, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and avers as follows in support of this Petition: 1. Petitioner is James L. Lewis, Defendant above, an mtult individual currently residing at 1321 Flowers Lane, Marysville, Pennsylvania, 17053. 2. Respondent is Kathy L. Lewis, Plaintiff above, an adult individual currently residing at 71 Johns Drive, Enola, Pennsylvania, 17025. 3. The parties hereto were husband and wife and were divoreed by Decree on April 29, 2004. See attached Exhibit A. 4. Incorporated but not merged into the Decree in Divorce was a Marital Settlement Agreement dated January 30, 2004, and filed February 5, 2004. See attached Exhibit B. 5. It is believed, and therefore averred, that Respondent in breach of and has willfully failed to abide by the terms and provisions of the Mzcrital Settlement Agreement dated January 30, 2004, which was incorporated but not merged in the Decree of Divorce dated April 29, 2004. 6. Paragraph 8 of the Marital Settlement Agreement called for them to jointly share legal and physical custody of their children, the details of which were to be agreed upon by the parties. The parties agreed to a week on/week offalternating custody schedule which they followed for several weeks until Respondent unilaterally determined that she was no longer going to permit all of the children to spend alternating weeks with Petitioner and instead that she was going to leave it up to the children to decide whether or not they would abide by the week on/week off schedule. 7. On or about July 26, 2004, Petitioner contacted the East Pennsboro Police Department for assistance in enforcing the custody provisions of the Marital Settlement Agreement; however, he was informed that the police., do not get involved in civil matters and that he should contact his attorney. 8. On or about July 27, 2004, undersigned counsel left a message for Timothy Colgan, Esquire, attorney for Respondent. On or about July 28, 2004, Mr. Colgan left a message for undersigned counsel that his client intended to ponder whether or not to file a petition to modify custody but that she did not intend to resume the week on/week off custody arrangement as bad been in place previously. 9. Respondent has willfully breached the shared physical custody provisions of the Marital Settlement Agreement. 10. Petitioner has incurred costs, expenses and legal fees associated with pursuing enforcement of the Marital Settlement Agreement, including but not limited to phone calls with counsel, phone calls between counsel, and the drafting and filing of this Petition. 11. Paragraph 16 of the Marital Settlement Agreement provides that if a party is found to be in breach of the Marital Settlement Agreement that the non-breaching party shall be entitled to recover all costs, expenses, and legal fees incurred in the enforcement of the fights of the non-breaching party. WHEREFORE, Petitioner respectfully requests this Honorable Court to enforce the shared legal and physical custody provisions of the Marital Settlement Agreement and that Respondent be ordered to pay the costs, expenses, and legal fees associated with Petitioner pursuing enforcement of the Marital Settlement Agreement. Date: Respectfully submitted: B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 Fax: (717) 790-6019 E-mail: jbclegal~aol.com PA S.Ct. ID No. 68735 ATTORNEY FOR PETITIONER KATHY L. LEWIS, Plaintiff VS. JAMES L. LEWIS, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-77 C1VIL TERM : : CIVIL ACTION - LAW : CUSTODY ATTORNEY VERIFICATION Undersigned counsel, Jeann6 B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney of record for James L. Lewis, Petitioner. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing petition are true mad correct to the best of her knowledge, information, and belief as they were relayed to her by her client. 4. She is aware that false statements herein are made suhject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: Je~e B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: ,(717) 790-9546 Fax: (717) 7'90-6019 E-mail: jbclegai~aol.com PA S.Ct. ID No. 68735 ATTORNEY FOR PETITIONER KATHY L. LEWIS, Plaintiff VS. JAMES L. LEWIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-77 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, 'by depositing a copy of the same in the United States Mail, at Mechanicsburg, Pennsylvania, through first class certified mail, prepaid and addressed as follows: Timothy Colgan, Esquire 130 W. Church Street, Suite 100 Dillsburg, PA 17019 BY: Costopoulos, Esqmre 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 790-9546 Fax: (717)'790-6019 E-mail: jbcl!egal~aol.com PA S.Ct. ID No. 68735 ATTORNEY FOR PETITIONER EXHIBIT A ~HY L, LEWIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~~ PENNA. VERSUS JAMES L. LEWIS~ Defendant No. 04-77 Civil Term DECREE IN DIVORCE AND NOW, AdrJ129 10:05 AM , 2004 , It IS ORDERED AND DECREED THAT KATHY L. LEWIS PLAINTIFF, AND JAMES L. LEWIS _, DEEENDANT, ARE DIVORCED FR~M THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; The terms and provisions of the Marriaqe Settlement Aqreement signed by both parties on January230, 2004 are hereby incorpo,? ated but not merged in the Decree of Divorce and remain bindin~ upon the parties. BY THE COUrt: Edward E. Guido ATTEST: /~ · ~ Certified Copy Issued: April 29, 200~ PROTHONOTARY EXHIBIT B KATHY L. LEWIS. JAMES L. LEWIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No, IM-77 Civil Term C) ~'~ : CIVIL ACTION - LAW --~ !~:~ -r~ Defendant : DIVORCE ,~ :~ ~o MARITAL SETTLEMENT AGREEMENT re-: ~-.~.. between IAM~S L. LEWIS, bom Octo~ 21, 1961, and KATHY L. LEWIS, bern Octol~r 24, la~3: ~ ViITNESSETH: ' WHEREAS, James L. Lewis (hercimflcr referred m as ~Hnsband") and Kaflry L. Lewis (hereinafter referred to as "Wife") are husband and wife, having been lawfully manied on April 25, 1987, in Cumberland County, Pennsylvania; WliEREAS, three children were bom of the mamage between the parties, namely Brandon J. Lewis (bom July 17, 1989), Josiah D. Lewis (bom September 1, 1~}3), and Frederick J. Lewis (bom September 29, 1994); Vil~EREAS, the pmlies bereto are desi~ons of settling fully and finally their respective financial and prope~:y rights and obligations as between each other, including, without limitation, the setfllag of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in geaeral, the settling of any and all claims and possible claims by one against the other or against their me estates. NOW, TIt~REFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set fo~,k and for Other good and valuable consideration, the receipt and su~ciency of which is hereby acknowledged by e~h of the parties ihereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Al)VICE OF COUNSEL. The provisions of this; Agreement and their legal effect have been fully explained to the pmlies by their respective attorneys. Each party ackn~vtedges that he or she ~ received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligatim~s, and each party acknowledges and accepts that this Agreement is, in the circmosmnc~s, fair and equitable, and fl~t is being Initials: -~'~- L I Initials: on thc same effective date and last for the same duration and be paid with thc same frequency as said court ordered child support paymenls. Wife ~al! be enlitled to alimony 15~om Hashand in an amotmt equal to any ennrt ordered obliga~on to Husband for child suppo~ Saki alimony payments shall begin on the same effective date and last for the same duration and be paid with thc saint frequency as said court ordered child suppor~ payments. The panics release and waive any rights th:y may have to seek modification of thc terms of this lxaragxaph in a court of law or equity,.it being anderstood that tha foregoing constitate~ a final determination for all time of either party's obliga6an to contribute to the support and maintenance of the other. It ~s thc pamcs mtenUon to continue under thc tetras of this ~,'ubparegraph regardless of any herein, both parties waive alimony, support, or alimony pendentc li~. 7. COSTS RELATED TO CI~II,DREN. Wife shall continue to provide health insurance for thc parties' children through hex employment until July of 2004 at which time the parties shall equally divide the costs of obtaining henlth insmance for the children~ The partics agree to equally divide any medical co-pay~ant5 as well as all medical expenses not paid or reimbursed by insurance, inchidmg but not limited to dental costs and orthodontic expends. The panics furth~' agree to equa/ly divide thc costs of obtaining clothing and shoos for the children as weil as any other cx~penses relating to the child~n both parties mutually agree to be necessary for the welfare of the children,. 8. CHILD CUSTODY. The parties agree to sha~ legal custody of thc children jointly. The parties furtber agree to equally share physical custody of the children, the details of which shall be agr~d upon between the parties. Thc parties shall share holidays such that in all even years Wife shall have physical custody of the children Easter Sunday, Independenee ]Day, and Christmas Eve (beginning at noon until Christmas Day at nenn)~ Husband shall have said schedule inlall odd years. In all even years, Father shall have physical custody of the childran on New Year's Day (beginning at noon), Thanksgiving Day, Clmsmms Day Coeginnmg at noon), and New Years Eve (begi~in~ at noon thxough New Year's Day at noon); Wife shall have said schednie in all odd years. Thc pa~es may modify this subparagraph as mutually agreed upon in furtherance of the ch/ldrcn's best interesls and in considcratian of changes in each other's schedules. 9. COUNSEL FEES~ COSTS ANI} EXPENSES. Each party shall be solely responsible for his or tier own legal fees, costs and expenses incm'red in connection with their separation and/or the dissolution ~ their marriage, and the ~on and execution of aris Agreement. 10. WA/V~gR OF INltERITANCE RIGHTS. Unless otherwise specifically provided ia fi, tis Agreement, as of the execution date of this Agreement, Hnsband and Wife each waives all rights of Jnl~ritance in the estate of the other, any right to elect to ~ake against the will °r any trast of die ofiaer 9r in- which the other has an iraerest, and each of the parties waives ar~ additional rights which said pat~ tins or may have by reason of their marriage, except the rights saved or created by the terms of this Agreemem. Tiffs waiver shall be construed generally and shall include, bm not be limited to, a waiver of all rights provided under die laws of Pennsylvania, or any other jurisdiction, and shall include all fights under the Pennsylvania Divorce Code. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any a~d all beneficiary rights and any and al/ rights as a nm, h6n~ spouse in and to any asset, benefit or like progv, un carrying a beneficiary desigaatiun which belongs to the other pan~ under the terms of this Agreement, incindin~ but not limited to, pensions and ru~drement plan~ of any sort or noture, deferred compensation plens, life insurance policies, aunuities, stock accounts, bank accounts, final pay checks or any other post-death disttibution scheme, and each party expressly states that it is his and her mteatiun to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party cuntmues to be named as beneficimy and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable dis~iburion of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband l~reby waive any right to division of their properly except as provided for in this Agreement. Furthermore, except as other~ase provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any clmm, righ~ title or interest whatsoever he or she Initials: Z£t 10 Initials: demand to comply with td~se provisions, that paxty shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE M~RGED. This Agresment may b~ incorporated into a decree of divorce for purposes of enforcement only, but othcmt/sc sl~dl not be merged into said decree. The pal~es ghall have the fight to enforce this Agreement under the Divorce Code of 1980, as amea~led al:id ill addillioll, ~h~ll reiaJll ally reffiedies ill law Or hl equity under Illi$ Agreement as an independent contract. Such remedies in law or equity are specifically not waived, or releases. - IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dales-oft, heir acknowledgments. WITNESS COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) BEFORE ME, the tmdersigned authority, on this day personally appeared JAMES L. LEWIS, known to me to be the person who executed the foregoing inslnma~tt, aml who acknowledged to me that he executed same for the purposes and considerati~s therein expresse~k . GIVEN UNDER MY HAND this of ~ ,2004. COUNTY OF ~0/JJ3~O-~ ) ~ .'~Public in and for Con~a~onwealth of Pennsylvania Typed or printed name of Nota-*y: My comnUssion expn~v ........ BEFORE ME, the undersigned authority, on this day personally appeared KATHY L. LEWIS, known to me to be the person who execut~ the foregoing inslmmeatt, and who acknowledged to me that she executed same for the purposes and considerations thereJ.n expre, ssed. GIVEN UNDER MY HAND this ~)~~c4x day of __~ ~'~)~ ,2004. Not~ Public in and for Cormrnonweallh of Pem~ylvama Typo~l o~ printed name of Nota~: My commission expires: 1 9 KATHY L. LEWIS, Plaintiff VS. JAMES L. LEWIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 04-77 CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY ORDER OF COURT AND NOW, this ~f'~y of~ ,2004, upon consideration of Defendant's Petition to Enforce Marital Settlemem Agreement, a hearing on the matter is set for the ~4~ dayof ~ ,2004, at ~}.'Jl~}t~.m. in Courtroom No. ;~ I of the Cumberland County Courthouse, Carlisle, Pennsylvania. KATHY L. LEWIS, JAMES L. LEWIS, IN Tm~ COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA 04-77 CML TERM Defendant CIVIL ACTION - LAW PLAINTIFF'S ANSWER AND NEW MATTER TO DEFENDANT'S PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW comes the Plaintiff/Respondent, Kathy L. Lewis, by and through her attorneys, WILEY, LENOX, COLGAN & MARZZACCO, P.C., and files the instant Answer and New Matter to Defendant/Petitioner's Petition to Enfome Marital Settlement Agreement, of which the following is a statement: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The Plaintiff/Respondent has complied with the terms of the Marital Settlement Agreement and has taken all necessary and reasons,ble steps to ensure that she is in compliance with the terms thereof. 6. Denied. The Marital Settlement Agreement was signed by the parties on January 30, 2004. The parties have alternated physical custody of the minor children on a week on/week offbasis thereafter. The week of July 25, 2004 was to be Defendant/Petitioner's week with the three minor children. Shortly before the exchange of custody, the parties oldest son, Brandon, age 15, advised his mother that he no longer wished to reside with Defendant/Petitioner on an alternating week basis. Mrs. Lewis advised Mr. Lewis of Brandon's feelings at the time of the custody exchange on Sunday, July 25, 2004. Brandon did not go with his father on Sunday, July 25, 2004. After conferring with undersigned counsel on Monday, July 26, 2004, Mrs. Lewis arranged for Brandon and Mr. Lewis to meet with the intention that Brandon would leave with Mr. Lewis for the balance of his week with his father. However, Brandon wanted to express to his father his reasons for not wanting to alternate weeks with his father. Brandon prepared a list that he began to discuss with his father in the car before they left for Mr. Lewis' house. As Brandon read through his list, his father told him that if that was how Brandon felt, he should get out of the car that Mr. Lewis did not want him to gn with him to his home. Mr. Lewis then left and made no contact with Mrs. Lewis for the balance of the week regarding Brandon (see Brandon's list attached as Exhibit A). With mother's insistence, all three children resumed the alternating week schedule on Sunday, August 1, 2004 and have continued to operate thereunder since. 7. Denied. After reasonable investigation PlalntiftSrRespondent is without knowledge or information sufficient to form a belief as to the troth of the averment. Strict proof thereof is demanded at trial. 8. Admitted in part. Denied in part. It is admitted that counsel for Defendant/Petitioner contacted undersigned counsel to determine the status of custody. It is 2 further admitted that after consulting with undersigned counsel, Plaintiff/Respondent considered filing a Petition for Custody to modify the current week on/week off schedule. It is denied that undersigned counsel indicated that his client would not resume the week on/week off schedule. 9. Denied. Plaintiff/Respondent agreed to allow her son to remain with her when he adamantly refused to go with his father on July 25. On July 26 Mrs. Lewis arranged for a meeting between Mr. Lewis and Brandon so the parties could 'work out their differences and Brandon could spend the week with his father. Mr. Lewis ultimately decided that he didn't want Brandon with him for the balance of his week of July 25, 2004.. 10. Denied. After reasonable investigation Plaintif~'Respondent is without knowledge or information sufficient to form a belief as to the troth of the averment. Strict proof thereof is demanded at trial. 11. Admitted. 12. in full. 13. 14. Paragraphs 1 through 11 are incorporated herein by reference as though set forth The parties resumed the normal week on/week off schedule on August 1, 2004. Defendant/Petitioner received custody of all three children during the week of August 8, 2004. 15. Defendant/Petitioner's Petition was not signed until August 16, 2004 and was not filed until August 18, 2004 -- more than one week after he had already received his normal custodial period with all three children. 3 16. Costs incurred by Defendant/Petitioner, if any, were at his election as the situation was remedied by mother as of Monday, July 26, 2004. 17. As a result of the Petition filed by Defendant/Petitioner the Plaintiff/Respondent has been forced to incur attorneys fees associated with preparing the instant Answer and New Matter and representing her at the hearing scheduled for September 20, 2004. WHEREFORE, Plaintiff/Respondent requests that the Defendant/Petitioner's Petition be dismissed with prejudice and that counsel for Plaintiff/Respondent be awarded reasonable attorneys' fees associated with the representation as aforementioned. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZ&CCO, P.C. Dated: ~-/5--~'~ ~.~,~ Timothy J. C~ire 130 West Church Street Dillsburg, PA 17019 (717) 432.-9666 Fax: (717) 432-0426 I.D. # 77944 $:ICLIEN'I'~COLG/IN~LEWIS. IL4 TMNSWER. WPD 4 Sep-I~-ZOO4 09:41 From-DGS OCC + T-O?O P.OO6/OOT F-668 VERIFICATION unswom falsification to authorities. 1 I, Kathy L. Lewis, verify that the statements made irt this document are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.. C.S. §4904, relating to Kathy L~ewi,s Plaintiff/Resl~mdent &'ICLIF. NT~COLGAN~LEI~'I$,KA7~!NSW£R. WpD KATHY L. LEWIS, JAMES L. LEWIS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-77 CIVI]L TERM CIVIL ACTION -- LAW CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby ce~ify that I am ~s day serving a copy of the foregoing Answer and New Matter upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Permsylvania Rules of Civil Procedure, by hand delivery, as follows: Jeanne B. Costopolous, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Counsel for Defendant Date: By: WILEY, LENOX, COLGAN & MARZZACCO, P.C. Timothy .1. Col'g'~, E~quire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 Fax: (717') 432-0426 KATHY L. LEWIS, : Plaintiff : JAMEs L. LEWIS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-77 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 20th day of September, 2004, after consultation with counsel, and it appearing to the Court that we have previously made the Marital Settlement Agreement dated January 30, 2004, an Order of Court, it is hereby ordered and directed that Section 8 entitled Child Custody of the parties' Marriage Settlement Agreement dated January 30, 2004, is incorporated as an Order of this Court and may be enforced as such. Ail other requests for relief contained in the petitions filed by the parties are denied. ~mothy J. Colgan, Esquire For the Plaintiff By the Cour Edward E. Guido,' j. .Jeanne B. Costopoulos, Esquire For the Defendant srs