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HomeMy WebLinkAbout08-4548ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. Af- 9TY P STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNT I COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Angela T. Clay, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Angela T. Clay, who is an adult individual who currently resides at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Steven D. Clay, an adult individual who currently resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on May 4, 1996, in Carlisle, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 10. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated -7 2 19 By; 4 X - k-?tK Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff VERIFICATION I, Angela T. Clay, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: ' I -/ o- ? C (1J o p f'8'? C7... W T7 -W? ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN 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 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, York, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. OF- y5 y ( _r0_11 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Angela T. Clay, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain custody of Kurtis S. Clay, age 5 years, born June 24, 2003, and Regina M. Clay, 16 months, born March 19, 2007. COUNT I - COMPLAINT FOR CUSTODY 1. Plaintiff is Angela T. Clay, an adult individual who currently resides at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is Steven D. Clay, an adult individual who currently resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. Plaintiff seeks custody of KURTIS S. CLAY, born 6/24/2003, and REGINA M. CLAY, born 3/19/2007, (hereinafter the children) , who currently reside at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 6. The children were born in wedlock. 7. The children are presently in the custody of Plaintiff, Angie Clay, who currently resides at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 8. During the past five years the children have resided with the following persons at the following addresses: A. From Birth - to June 25, 2007 at 241 Brick Church Road, Newville, Pennsylvania, with Plaintiff and Defendant; B. From June 25, 2007 - July 8, 2008 at 401 Raymond Avenue, Boiling Springs, Pennsylvania with Plaintiff and Defendant. C. From July 8, 2008 - Present with Plaintiff and maternal grandparents and a niece, Rebecca Treon, age 19, at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 9. The mother of the children is Angela T. Clay, and she has a present address of 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 10. The father of the children, Steven D. Clay, has a present address of 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania. 11. The relationship of the Plaintiff to the children is that of natural mother. 12. The relationship of the Defendant to the children is that of natural father. 13. The Plaintiff has not participated as a party in any action brought by Defendant or any other persons relating to the custody of the children. 14. Plaintiff desires to maintain the primary physical custody of the children with reasonable periods of visitation with Defendant. 15. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the mother of the children. b. Plaintiff has been present in the life of the children since their birth. C. Plaintiff can continue to provide a stable home for the children. d. Defendant has threatened to harm himself and Plaintiff. e. Defendant is a risk of flight as he has threatened to take the children and leave the state with them. WHEREFORE, the Plaintiff requests this Honorable Court to issue a temporary Order granting Plaintiff full legal and physical custody of the children until further Order of this Court. Respectfully submitted, Mark A. Mateya Attorney I.D. No. 7 931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: 712S d Attorney for Plaintiff VERIFICATION I, Angela T. Clay, verify that the facts set forth in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. /L' 3 DATED: C_ rar ,? vi, t } C n v e?1 Jl\ mow, ? {v } Y ANGELA T. CLAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN D. CLAY DEFENDANT 2008-4548 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, August 01, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 04, 2008 at 9:30 AM 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: /s/ ac ueline M. Verne Es . 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 ?- ?-?..? aE ?r ? r;-.?: R`,, ??, , -?.?-?`-1 ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 31 st day of Ju1y 2008, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on July 29, 2008. 2. On or about July 29, 2008, a certified copy of the Complaint in Divorce and Custody was mailed to the Defendant by Certified Mail, Restricted Delivery, Return Receipt Requested. Defendant signed for the Certified Mail on oar about July 30, 2008. A copy of the Return Receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. A certified copy of the Complaint was mailed to the Defendant via first class mail, postage prepaid on July 29, 2008. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, 0,squire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff U.S . P ost al Ser vice,, ., CE R TIF IED MAIL , REC ,, EIPT (Do mest ic M ail Only ; No Ins . urance C overage P rovided) to m ru Postage $ C3 Q Certified Fee C3 Return Reclept Fee (Endorsement Required) Q Restricted Delivery Fee Q (Endorsement Required) Ln Q Total Postage 8 Fees RiNG .o\ J Stmark 7 sere . 2008 lo??` m or PO Box NO. G;h Z1 o aa6 ?S_PR KGs PA )10K n. w Complete Items 1, 2, and 3. Also oompiete 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 maiiplece, or on the front If space permits. 1. ArMe Addressed to: 5-f r- V" 4 r?A ymav-b -BO I ? Ia G PA q 001 A. O Agent B. R by 0. ( c Date of DelNey D. is delivery address dlllme froth item 1? ? Yes If YES, enter delivery address below: 1WNo 3. Swyft Type C.led Maii o E)wm md ? Registered o Ream Receipt for Merchandtms 13 insm*d mail ? C.O.D. 4. Restricted Ddhwy? pft Fee) Yee 2. Article Number 7003 DSDD 0004 2325 9222 mmmmmmmmmmm? (rranW.r rrom Service - Ps Form 3811, Febiu 2004 Dorree c Rehim Receipt 102695-02-M-1540 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: o ?- 5 PR wGs PA 17007 One piece of ordinary mail addressed to: 6T? V LA/V --b. C?AV 4o kA lY1 -v AVE7 PS Form 3817, Mar. 1989 Z O DO N TT ti O ^C M ? W 0 CD ,_rC r ? _ ? N N ? ...•C)Z7 CP 1 2 to e-+ ?' c: 00 I V) ? ' 30 ° W m M I f .1 f ! r V ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4548 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Linda A. Clotfelter, Esquire, for Defendant, Steven D. Clay, in the above-captioned proceeding. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: g11 Q?%D By: L A A- CLOT FELTE)rtS( A orney I.D. 72963 21 E. Trindle Road, Suite 100 Mechanicsburg, , PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile lp ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4548 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this jhday of August, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ENTRY OF APPEARANCE was served upon the opposing party by way of facsimile and United States first class mail, postage prepaid, addressed as follows: Mark A. Mateya, Esquire P.O.Box 127 Boiling Springs, PA 17007 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER I]INDA A. CLOTFELTER, E Attorney I.D. 72963 5021 E. Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ?` rv ?v- ?, ?? '- - x? r , _, ? ??T ?? ? ? T ` -?;?, ,, !?. ? -? .?_i ?i ,? = ., ..,?f f J ?, C? ^-? r"rl I' ? ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4548 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this 10 day of , 2008, upon . 5 ; 04;;J^ consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Angela T. Clay and the Father, Steven D. Clay, shall have shared legal custody of Kurtis S. Clay, born June 24, 2003 and Regina M. Clay, born March 19, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. Father shall have the following periods of partial physical custody: A. Beginning September 5, 2008, alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. Every Wednesday and Thursday from 4:15 p.m. to 8:45 p.m. C. Such other times as the parties agree. 1) 4. Holidays: A. Thanksgiving shall be shared with Mother always having physical custody from 9:00 a.m. to 3:00 p.m. and Father always having physical custody of the children from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be shared such that Father shall have physical custody from 9:00 a.m. to 3:00 p.m. in odd numbered years and 3:00 p.m. to 9:00 p.m. in even numbered years. Mother shall have physical custody from 9:00 a.m. to 3:00 p.m. in even numbered years and 3:00 p.m. to 9:00 p.m. in odd numbered years. D. Each party shall be entitled to one full week of physical custody in the summer to be taken in conjunction with their weekend, provided they give the other party 30 days notice and a location and telephone number where the children may be reached. E. Memorial Day, July 4th and Labor Day shall be alternated between the parties with Mother having Memorial Day in 2009 from 9:00 a.m. to 9:00 p.m. and the parties alternating the specified holidays thereafter. F. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. 5. In the event that either party is in need of a babysitter for more than two hours for one or both of the children, they shall notify the other parent and offer said time to the non-custodial parent. 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party may use alcohol or illegal drugs immediately before or during their periods of physical custody. 8. The parents shall insure that no guns of any nature, including starter pistols, be permitted in the presence of the children. 9. The children shall not be relocated from the current jurisdiction without prior Order of Court. 10. This Order is entered pursuant to an agreement of the parties at 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. Another Custody Conciliation Conference is scheduled for December 4, 2008, at 8:30 a.m. BY THE J. cc.?Mark A. Mateya, Esquire, Counsel for Mother /Linda Clotfelter, Esquire, Counsel for Father 06POES 4?tolo8 y r? all 1, St 3 ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4548 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kurtis S. Clay June 24, 2003 Mother Regina M. Clay March 19, 2007 Mother 2. A Conciliation Conference was held in this matter on September 4, 2008, with the following in attendance: The Mother, Angela T. Clay, with her counsel, Mark A. Mateya, Esquire, and the Father, Steven D. Clay, with his counsel, Linda Clotfelter, Esquire. 3. The parties agreed to an Order in the form as attached. 61-q -o r N[ - VA, Date ac eline M. Verney, Esquir Custody Conciliator ANGELA T. CLAY, Plaintiff/Petitioner VS. STEVEN D. CLAY, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4548 : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW COMES Plaintiff/Petitioner, Angela T. Clay, by and through her counsel, Mark A. Mateya, Esquire, and in support avers the following: 1. Petitioner herein is Angela T. Clay, (hereinafter referred to as Wife) who presently resides at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Respondent herein is Steven D. Clay, (hereinafter referred to as Husband), who presently resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania. 3. Wife and Husband own a Certificate of Deposit worth approximately $53,000.00. 4. The Certificate of Deposit referenced in Paragraph 3 above is marital property and is held at Members 1 S` Federal Credit Union. 5. Husband cashed out the jointly owned Certificate of Deposit with the agreement or permission of Wife and placed the proceeds therefrom in an account unknown to Wife. 6. Wife and Husband jointly own various Certificates of Deposit and Savings Accounts in the names and for the benefit of their children Kurtis S. Clay and Regina M. Clay. 7. The values of these accounts is unknown to Wife. 8. On or about July 31, 2008, Husband cashed out all of these accounts without the agreement or permission of Wife. 9. Wife has, through her counsel, requested the requested the return of these funds. 10. As of the date of this writing the funds have not been returned. 11. The location of these funds is unknown to Wife. 12. It is anticipated that Respondent, by and through his counsel will not concur with the filing of this Petition for Special Relief. 13. The Honorable Judge Guido recently signed an Order relating to Custody in this action. There have been no other issues presented to the Court for this case. WHEREFORE, Wife respectfully requests the following: 1. Immediate return of funds to an escrow account to be held by either Mateya Law Firm or Attorney Linda Clotfelter, counsel for Wife and Husband respectively; 2. The escrowed funds remain in escrow until such time as the parties agree to the disposition of said funds or at such time as further Order of Court if an agreement of the parties is not reached; 3. That Respondent be ordered to pay Petitioner's legal fees in an amount of $500.00 expended in recovering funds under this Petition; 4. Such other relief as this Honorable Court deems appropriate and necessary. Respectfully submitted, Date: Mark A. Mateya, Fs9quire Attorney ID No. 31 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Petitioner VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. MARK A. MATEY ESQUIRE 6([(-- Dated: Is 17 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition for Special Relief on the following person(s) by depositing a true and correct copy of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Linda A. Clotfelter Esq. 5021 East Trindle Rd Ste 100 Mechanicsburg PA 17050 '?-tb Dated: D ? &46') IZ-?- Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Q lip I j ? v Cwi -13 CJ 46 CFP . ' ? . Y If 4 .? ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE ORDER AND NOW this L, day of September, 2008, upon consideration of the foregoing Petition for Special Relief I D AS FOLLOWS: I- The * I s o an escrow account to be held by either ateya TM e er, counsel or Wife and Hus and .Y MITE WspectIMM 12. 1 11c owe n s remain in escrow until such time as the parties agree o he disMb!dtV1Z1 s or at suc time as further Order of Court if an a Bement ached; 00.00 in rer.QjrP-r;,%S is Petition; Or in the alternative A Hearing is scheduled in this matter on *-#- '2008, at 3:06 , P--m., in Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. istribution: ark A. Mateya, Esquire, P.O. Box 127, Boiling Springs, PA 17007 ?Linda A. Clotfelter, Esquire, 5021 E. Trindle Rd, Ste 100, Mechanicsburg, Pa 17050 Q/ ?l 1 7 ? CL. LLJ 9 t LU CJ V LIA 0 5 209 ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4548 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this cj-?A day of rA-C? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the 14 day of , 2009, at /-400 o'clock,. M., at which time testimony wil e taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 10, 2008 shall remain in full force and effect. 3. 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 COU T 1 J / Edward E. Guido, cc: ark A. Mateya, Esquire, counsel for Mother Linda Clotfelter, Esquire, counsel for Father ?ld.IQ?Og r (20P L ;2& fria I LCL J. ?t S ?Zd 6° 33©9?Z Ay10Cvi?' % jl0 ANGELA T. CLAY, . IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO: 08-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant/Movant : IN CHILD CUSTODY Prior Judicial Assignment: Edward E. Guido, Judge (hearing January 14, 2009, at 1:00 p.m.) Concurrence - Counsel for Plaintiff, Mark A. Mateya, Esquire, does not concur with this Motion (see paragraph 14). MOTION IN LIMINE TO PRECLUDE EXPERT WITNESS TESTIMONY AND NOW, comes defendant Steven D. Clay, by and through his counsel, Linda A. Clotfelter, Esquire, who files this Motion in Limine to Preclude Expert Witness Testimony, respectfully stating as follows: 1. Movant is Steven D. Clay, and adult individual who resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Respondent is Angela T. Clay, who resides at 16 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. A custody hearing is scheduled before this Honorable Court on January 14, 2009, at 1:00 p.m. 5. Respondent's Pre-Trial Memorandum lists an alleged expert witness to testify on behalf of Respondent at the hearing. 6. The alleged expert witness is Sue Heath of Mock - Mays Counselors, a counselor for one of the parties' Children, Kurtis, age 5 years. 7. The Pre-Trial Memorandum indicates that the alleged expert witness will "testify 0 concerning her opinion of the amount of time father should have with the children." 8. Movant seeks to have the alleged expert witness' testimony precluded by an Order in Limine. 9. Movant was not involved in any way with the counseling sessions at issue and all information relied upon by this counselor was provided solely by Respondent. 10. As a result, any opinion of this witness, expert or not, is unduly biased. 11. Movant was not provided the opportunity to hire his own expert on this issue. 12. No expert report was provided and thus, Movant cannot properly prepare for this witness. 13. Permitting the testimony of this witness would be unduly prejudicial and should not be permitted. 14. Movant sought opposing counsel's concurrence in this Motion in Limine by telephone on this date, but counsel for Respondent will not concur in this Motion. WHEREFORE, Defendant/Movant, Steven D. Clay respectfully requests that this Honorable Court enter an Order in Limine precluding the testimony of Sue Heath as an expert or otherwise at the hearing scheduled for January 14, 2009 at 1:00 p.m. Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER LI DA A. CLOTFELTER, ESC At rney I.D. 72963 501 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ANGELA T. CLAY, Plaintiff/Respondent VS. STEVEN D. CLAY, Defendant/Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-4548 CIVIL ACTION - LAW IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, this qt day of January, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing MOTION IN LIMINE TO PRECLUDE EXPERT WITNESS TESTIMONY was served upon the opposing party by way of facsimile and United States first class mail, postage prepaid, addressed as follows: Mark A. Mateya, Esquire P.O.Box 127 Boiling Springs, PA 17007 Respectfully Submitted, LAW FIRM OF LINDA A. CLOTFELTER y: 7AACLOTFP-LTER, L DA ESC Att rne2963 50 Ee Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile %wo cr 4 y? Y L_. "T{ l 6 4 ? ANGELA T. CLAY, Plaintiff/Respondent VS. STEVEN D. CLAY, Defendant/Movant JAN 12 20094 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-4548 CIVIL ACTION - LAW IN CHILD CUSTODY ORDER OF COURT AND NOW, this ?? day of January, 2009, upon presentation and consideration of Defendant's Motion In Limine to Preclude Expert Witness Testimony, the motion is hereby D eh) i E r.>, am I bw all not t m. BY THE COURT, Edward E. Guido, Judge Distribution: Wrk A. Mateya, Esquire, Counsel for Plaintiffs Linda A. Clotfelter, Esquire, Counsel for Defendant l..D', L ES ?Yl? c ?1.? f .7, ) 0 OZ :8 WV 91 of 60QZ :IA, Jo ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR A NEW DATE FOR CUSTODY HEARING AND NOW, comes the above-named Plaintiff, Angela T. Clay, by her attorney, Mark A. Mateya, Esquire, and avers the following concerning custody of Kurtis S. Clay, age 5 years, born June 24, 2003, and Regina M. Clay, 16 months, born March 19, 2007. 1. Plaintiff is Angela T. Clay, an adult individual who currently resides at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Steven D. Clay, an adult individual who currently resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. \ 3. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff seeks custody of KURTIS S. CLAY, born 6/24/2003, and REGINA M. CLAY, born 3/19/2007, (hereinafter the children), who currently reside at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 5. A hearing following a custody conciliation was scheduled for January 14, 2009, before the Honorable Judge Guido. 6. The hearing was continued generally due to health considerations of counsel for Plaintiff, Mark A. Mateya. 7. Plaintiff requests This Honorable Court reschedule the hearing at its earliest convenience. 8. Linda Clotfelter, counsel for Defendant, concurs with the filing of this petition. WHEREFORE, the Plaintiff requests this Honorable Court to reschedule a hearing in this case to determine the custodial future of the children of Plaintiff and Defendant. Respectfully submitted, Date: I I A. LtL ark A. Mateya Attorney I.D. No. 7893C P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition to Reschedule Custody Hearing on the following person(s) by depositing a true and correct copy of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Linda A. Clotfelter Esq. 5021 East Trindle Rd Ste 100 Mechanicsburg PA 17050 Dated: l -? -7 v A - ?A? Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax ??? { Y,^? `.1 `"w? ] t.... ? , :ry?"i' ;?"- ? ?.? t _.i •Y -?, _^ G^ - t "' , .? . tai Y ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4548 : CIVIL ACTION - LAW : IN CUSTODY ORDER AND NOW, this oday of 2009, upon consideration of the attached Petition to Reschedule a Hearing date, it is hereby directed that the parties and their respective counsel appear before the Honorable Judge Guido for a Custody Hearing on the t*644% P.,» 3 day of Ma , 200?at/0.m., at Courtroom No. , Cumberland County Courthouse, Carlisle, Pennsylvania, for a Custody Conference. Date of Order: BY T , J. 3 d '-?ANarl? ' 7'?trd (t7l,ltw 0 : 16 I Z- 93J b00Z ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-A.r.&8 CIVIL TERM STEVEN D. CLAY, . Defendant IN CUSTODY ORDER OF COURT AND NOW, this 6th day of March, 2009, after hearing, it is hereby ordered and directed as follows: 1. The Mother, Angela T. Clay and the Father, Steven D. Clay, shall have shared legal custody of Kurtis S. Clay, born June 24, 2003, and Regina M. Clay, born March 19, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any tr reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have the following periods of partial physical custody: A. Every other weekend from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. On the weeks he works daylight, Wednesdays and Thursdays from 4:15 p.m. to 8:45 p.m. C. On the weeks he works second shift, Monday through Friday from 9:00 a.m. until he goes to work. D. Such other times as the parties agree. 4. Holidays: A. Thanksgiving shall be shared with Mother always having physical custody from 9:00 a.m. to 3:00 p.m. and Father always having physical custody of the children from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall be Block A in even-numbed years and Block B in odd-numbered years. Father shall have •-, Block A in odd-numbered years and Block B in even- numbered years. C. Easter shall be shared such that Father shall have physical custody from 9:00 a.m. to 3:00 p.m. in odd-numbered years and 3:00 p.m. to 9:00 p.m. in even-numbered years. Mother shall have physical custody from 9:00 a.m. to 3:00 p.m. in even-numbered years and 3:00 p.m. to 9:00 p.m. in odd-numbered years. D. Each party shall be entitled to one full week of physical custody in the summer to be taken in conjunction with their weekend, provided they give the other party 30 days notice and a location and telephone number where the children may be reached. E. Memorial Day, July 4th and Labor Day shall be alternated between the parties with Mother having Memorial Day in 2009 from 9:00 a.m. to 9:00 p.m. and the parties alternating the specified holidays thereafter. F. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport. 6. Neither party may use alcohol or illegal drugs immediately before or during their periods of physical custody. 7. The parents shall insure that no guns of any nature, including starter pistols, be permitted in the presence of the children. 8. The children shall not be relocated from the current jurisdiction without prior Order of Court. Edward E. Guido, J. ./Mark A. Attorney 'XLinda A. Attorney Sheriff srs 4ateya, Esquire for Mother Clotfelter, Esquire for Father - ?aj • der 121Op l2S M-`d-CL4cl. 31,q /o9 "?Z? L z :Z Wd 6- 8Vu 6001 ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20084548 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY Prior Judicial Assignment: Edward E. Guido, Judge Prior Conciliator: Jacqueline M. Verney, Esquire Concurrence Status: See Paragraph 17 PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Petitioner, Steven D. Clay, Defendant in the above-captioned matter, who files this Petition to Modify Custody Order, respectfully stating in support thereof the following: 1. Petitioner is Steven D. Clay, (hereinafter referred to as "Father"), an adult individual who resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Respondent is Angela T. Clay, (hereinafter referred to as "Mother"),an adult individual who resides at 16 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties are the natural of two minor children, Kurtis S. Clay, born June 24, 2003, and Regina M. Clay, born March 19, 2007, (hereinafter referred to as "Children"), 4. The most recent custody Order entered between the parties regarding the subject Children was executed by the Honorable Edward E. Guido and is dated March 6, 2009. A true and correct copy of the Order is attached hereto as Exhibit "A" and is incorporated herein as fully set forth. 5. A Protection from Abuse Order ("PFA") was entered to Civil Docket No. 08- 5484 on October 6, 2008. A true and correct copy of the PFA Order is attached hereto as Exhibit "B" and is incorporated herein as fully set forth. 6. The PFA Order as drafted and entered does not state a date upon which it will be terminated and Mother admittedly hit Father first during the incident upon which it was based. 7. Father fears Mother and her temper. 8. Recently, during several custody transfers Mother marched up to Father's person in a menacing manner despite the existence of PFA Order. 9. Mother often has several other individuals present during custody transfers in an effort to intimidate Father. 10. It was agreed by the parties that the custody transfers would occur without direct contact between the parties. 11. Specifically, it was agreed that the parties would remain in their home or vehicle and the Children would walk to the parent taking custody of the Children. 12. During several recent custody transfers Mother and some of the third parties when present were outside of the home and/or vehicle during the transfers. 13. This conduct is contrary to the agreement of the parties to minimize face-to-face contact. 14. Father truly fears that the antagonistic behaviour of Mother and her friends and family at the custody transfers will be misconstrued in some way resulting in a finding in an indirect criminal contempt of the PFA Order. 15. Father seeks to have the custody Order modified to indicate a transfer point that is safe for the parties and their children. 16. Father has requested that the custody transfers occur at the State Police Barracks in Carlisle, Pennsylvania have been refused by Mother. 17. Mother has refused Father's requests. WHEREFORE, Petitioner, Steven D. Clay, respectfully requests that this Court enter an Order modifying the current custody Order such that the custody transfers now occur at the State Police Barracks in Carlisle, Pennsylvania, and granting such other relief that this Court deems just and proper. Date: -7 /)- 7 0 1 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire _Aftorney ID No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant S ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY VERIFICATION I, STEVEN D. CLAY, verify that the statements in the foregoing PETITON TO MODIFY CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: - 9-3 OV STEVEN D. CLAY, Defendant ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20084548 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 4,1 day of July, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing PETITION TO MODIFY CUSTODY ORDER was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER -XLLWJL M,.y 1.L. /G1VJ 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4528 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 6th day of March, 2009, after hearing, it is hereby ordered and directed as follows: 1. The Mother, Angela T. Clay and the Father, Steven D. Clay, shall have shared legal custody of Kurtis S. Clay, born June 24, 2003, and Regina M. Clay, born March 19, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any 7--4-til reports given to them as parents including, but not.limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have the following periods of partial physical custody: A. Every other weekend from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. On the weeks he works daylight, Wednesdays and Thursdays from 4:15 p.m. to 8:45 p.m. C. On the weeks he works second shift, Monday through Friday from 9:00 a.m. until he goes to work. D. Such other times as the parties agree. 4. Holidays: A. Thanksgiving shall be shared with Mother always having physical custody from 9:00 a.m. to 3:00 p.m. and Father always having physical custody of the children from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall be Block A in even-numbed years and - --Bloc] -B -i-n--odd-numbered -years Father, shall have Block A in.odd-numbered years and Block B in even- numbered years. C. Easter shall be shared such that Father shall have physical custody from 9:00 a.m. to 3:00 p.m. in odd-numbered years and 3:00 p.m. to 9:00 p.m. in even-numbered years. Mother shall have physical custody from 9:00 a.m. to 3:00 p.m. in even-numbered years and 3:00 p.m. to 9:00 p.m. in odd-numbered years. D. Each party shall be entitled to week of physical custody in the summer to conjunction with their weekend, provided other party 30 days notice and a location number where the children may be reached. E. Memorial Day, July 4th and Labor one f ul 1 be taken in They give the and telephone Day shall be alternated between the parties with Mother having Memorial Day in 2009 from 9:00 a.m. to 9:00 p.m. and the parties alternating the specified holidays thereafter. F. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport. 6. Neither party may use alcohol or illegal drugs immediately before or during their periods of physical custody. 7. The parents shall insure that no guns of any nature, including starter pistols, be permitted in the presence of-the children. 8. The.children shall not be relocated from the current jurisdiction without prior Order of Court. Edward E. Guido, J. Mark A. Mateya, Esquire Attorney for Mother ,k^***'da A. Clotfelter, Esquire ttorney for Father Sheriff srs M ii W?Li= l '?., Iy ?atiY NwY? lpti 2 OCT 0 6 zoob o ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-5484 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : PROTECTION FROM ABUSE FINAL ORDER OF COURT Appearances by Parties and/or Counsel • Plaintiff appeared personally and is represented by: Mark A. Mateya • Defendant appeared personally and is represented by: Linda Clotfelter AND NOW, this 6"' Day of October, 2008 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This Order is entered after a hearing and decision by the Court. Without regard as to how the Order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs or other protected party"s school, business, or place of employment. Except as provided in Paragraph 4 of this Order, Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this Order, by telephone or by any other means, including through third persons. 4. Temporary custody of the minor children: 1. Kurtis S. Clay 2. Regina M. Clay shall be according to the current custody order as to the children of the parties: Cumberland County Case No. 08-4548. Defendant may contact Plaintiff if and only if it relates to the custody of the children. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant is prohibited from possesion, transferring or acquiring any firearms for the duration of this order. 6. Any firearm delivered to the Sheriff or transferred to a licensed firearm dealer, or a qualified third party who satisfies the procedural and substantive requirements to obtain a safekeeping permit issued uner 23 Pa. C.S.A. §6108.3 pursuant to this order or the temporary order shall not be returned to Defendant until further order of court or as otherwise provided by law. The following additional relief is granted as authorized by §6108 of the Act: Defendant is ordered to pay the costs of this action, including filing and service fees. rIC6 in 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: PA State Police Cumberland County Sheriff Mt. Holly Springs Police Department BY Judge Date Distribution to: Mark A. Mateya, Esquire Linda Clotfelter, Esquire Faxed & Mailed to PSP f)F TNT Y 2009 J? ,'L 27 k r? ; i ;, CLUIA ANGELA T. CLAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN D. CLAY DEFENDANT 2008-4548 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July 29, 2009 - , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August: 20, 2009 at 10:30 AM 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: _/s/ jaequeline M. Verney, 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 FILE, £? TAgy ZC09 JL+L 29 PH 3: 15 6 ?'?i off. ?,' • ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Respondent/Defendant : IN CUSTODY PETITION FOR CONTEMPT AND NOW comes Plaintiff/Petitioner, Angela T. Clay, by and through his counsel, Mark A. Mateya, Esquire and avers the following: 1. Petitioner is Angela T. Clay, who is an adult individual and the natural Mother of the minor children in this matter who resides at 16 Hilltop Drive, Mt. Hollly Springs, Cumberland County, Pennsylvania. 2. Respondent, Steven D. Clay, is an adult individual and the natural Father of the minor children in this matter, who resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the parents of KURTIS S. CLAY, born 6/24/2003, and REGINA M. CLAY, born 3/19/2007, (hereinafter children). 4. On October 6, 2008, a Proetction From Abuse Order was enteterd against the Father, Steven D. Clay. A true and correct copy of the PFA Order is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth herein. 5. On March 6, 2009, a Custdey Order was enetered by This Honorable Court. A true and correct copy of the Order is attached hereto as Exhibit "B" and is incorporated herein as if fully set forth. 6. From July 19`h to July 25`h husband exercised his custodial vacation time with the Children. 7. Prior to Father's vacation time, counsel for both Mother and Father reached an agreement on behalf of their respective clients regarding the beginning date and time of the vacation, the ending date and time of the vacation, and communication with Mother during the vacation. At Father's request, Mother provided and paid for a cell phone for children to use to contact mother. 8. On two separate days during the vacation, Father did not make children available to Mother for phone conversations or contact. 9. During these two days without contact, Mother tried unsuccessfully to contact the Children, though Father had the phone Mother provided for Childrens' use and it was in proper working order, as requested by Father. 10. Mother was advised by the Kurtis Clay's counselor that having no contact with Mother would be detrimental to the Child's well-being. 11. Mother's counsel advised Father's counsel of Kurtis' counselor's sdmonition against an absence of contact between the children and Mother. 12. Father's actions were directly contrary to the agreement of the parties as well as the plain language and intent of the Custody Order requiring each parent to give to the non- custodial parent the "telephone number where the children may be reached." See paragraph 4. D. of exhibit B. 13. Mother/Petitioner's counsel fees for filing this Contempt Action are $500.00 as of the date of filing. WHEREFORE, for the foregoing reasons, Respondent, Steven D. Clay, should be held in contempt of Court, ordered to pay for all of Petitioner's attorney's fee related to her attempts to gain compliance with the present Court Order, and such other relief as this Honorable Court deems necessary and reasonable. Respectfully submitted, jgj A ark A. Mateya, Esquire Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Angela Clay Date: 3 ? ? ? VERIFICATION I, Angela T. Clay, verify that the facts set forth in the foregoing Petition in Contempt are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: n la . Clay CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition for Contempt on the following person(s) by depositing a true and correct copy of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Linda A. Clotfelter Esq. 5021 East Trindle Rd Ste 100 Mechanicsburg PA 17050 Dated: -7 (--,> ( U'&_ Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax OCT () 61UUb ? , ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08--5484 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : PROTECTION FROM ABUSE FINAL ORDER OF COURT Appearances by Parties and/or Counsel • Plaintiff" ppeared personally and is represented by: Mark A. Mateya • Defendant appeared personally and is represented by: Linda Clotfelter AND NOW, this 6"' Day of October, 2008 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This Order is entered after a hearing and decision by the Court. Without regard as to how the Order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. 2. Except as provided in Paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. Except as provided in Paragraph 4 of this Order, Defendant shall not contact Plaintiff, either directly or indirectly, or any other person protected under this Order, by telephone or by any other means, including through third persons. EEXHIBrT 4. Temporary custody of the minor children: 1. Kurtis S. Clay 2. Regina M. Clay shall be according to the current custody order as to the children of the parties: Cumberland County Case No. 08-4548. Defendant may contact Plaintiff if and only i f it relates to the custody of the children. 5. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant is prohibited from possesion, transferring or acquiring any firearms for the duration of this order. 6. Any firearm delivered to the Sheriff or transferred to a licensed firearm dealer, or a qualified third party who satisfies the procedural and substantive requirements to obtain a safekeeping permit issued Liner 23 Pa. C.S.A. §6108.3 pursuant to this order or the temporary order shall not be returned to Defendant until further order of court or as otherwise provided by law. 7. The following additional relief is -,-,ranted as authorized by §6108 of the Act: Defendant is ordered to pay the costs of this action, including filing and service fees. MFG in +h? nm?...+F se?cn nn 8. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency spcciIied hereafter: PA State Police Cumberland County Sheriff Mt. Holly Springs Police Department -zap C? ?% . , k -. BY Judge v D 4 o S, Date Distribution to: Mark A. Mateva, Esquire Linda Clotfelter, Esquire Faxed & Mailed to PSP ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-4528 CIVIL TERM STEVEN D. CLAY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 6th day of March, 2009, after hearing, it is hereby ordered and directed as follows: 1. The Mother, Angela T. Clay and the Father, Steven D. Clay, shall have shared legal custody of Kurtis S. Clay, born June 24, 2003, and Regina M. Clay, born March 19, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any EXHIBIT reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have the following periods of partial physical custody: A. Every other weekend from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. On the weeks he works daylight, Wednesdays and Thursdays from 4:15 p.m. to 8:45 p.m. C. On the weeks he works second shift, Monday through Friday from 9:00 a.m. until he goes to work. D. Such other times as the parties agree. 4. Holidays: A. Thanksgiving shall be shared with Mother always having physical custody from 9:00 a.m. to 3:00 p.m. and Father always having physical custody of the children from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall be Block A in even-numbed years and Block B in-odd-numbered years. Father shall have Block A in odd-numbered years and Block B in even- numbered years. C. Easter shall be shared such that Father shall have physical custody from 9:00 a.m. to 3:00 p.m. in odd-numbered years and 3:00 p.m. to 9:00 p.m. in even-numbered years. Mother shall have physical custody from 9:00 a.m. to 3:00 p.m. in even-numbered years and 3:00 p.m. to 9:00 p.m. in odd-numbered years. D. Each party shall be entitled to one full week of physical custody in the summer to be taken in conjunction with their weekend, provided they give the other party 30 days notice and a location and telephone number where the children may be reached. E. Memorial Day, July 4th and Labor Day shall be alternated between the parties with Mother having Memorial Day in 2009 from 9:00 a.m. to 9:00 p.m. and the parties alternating the specified holidays thereafter. F. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport. 6. Neither party may use alcohol or illegal drugs immediately before or during their periods of physical custody. 7. The parents shall insure that no guns of any nature, including starter pistols, be permitted in the presence of the children. 8. The children shall not be relocated from the current jurisdiction without prior order of Court. By the Court,---- Edward E. Guido, J. Mark A. Mateya, Esquire Attorney for Mother da A. Clotfelter, Esquire ttorney for Father Sheriff srs r 2009 J ,L 31 fT -%'o. a d vj? 7® ANGELA T. CLAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN D. CLAY DEFENDANT 2008-4548 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 06, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 18, 2009 at 1:30 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: /s/ ac ueline M. Verne Es . 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 THIF- 2 0 0 9 UG -ED Fl I, I S ? D9 ?'e?`_ ? ? q ?r ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20884548 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY DEFENDANT'S RESPONSE TO PLAINTIFF'S PETI'T'ION FOR CONTEMPT WITH DEFENDANT'S COUNTERCLAIM FOR CONTEMPT OF CUSTODY AND NOW, comes Defendant, Steven D. Clay, (hereinafter "Father"), by and through his attorney, Linda A. Clotfelter, Esquire, and files this response to Plaintiff's Petition for Contempt with Defendant's Counterclaim for Contempt of Custody, respectfully stating as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that counsel for both parties reached agreements related to Father's vacation period. However, it is denied that the agreements were limited to the dates for Father's vacation and communication with Mother during vacation. In further answer hereof, it was also agreed that Mother would facilitate telephone contact between the children and their Father on Mother's weekends that extend from Saturday through Tuesday via the children's mobile phone. Despite that agreement it has been facilitated by Mother. 8. Denied. It is specifically denied that on two days during Father's vacation period he did not make the children available for telephone contact with Mother. In further answer hereof, on one occasion on the second day being Wednesday, July 22, 2009, Father had custody of the children and they travelled outside of the area to an amusement resort. The telephone, which belongs to Kurtis, was inadvertently forgotten by him. Due to the distance travelled, it was not feasible for Father to return to retrieve the phone. At no time did Father knowingly, maliciously, and wilfully intend to violate any terms found within the court Order. Moreover, although the agreements of the parties are acknowledged, there are no specific provisions in the Order of Court mandating any specific telephone contact with either parent. It must be noted that Mother has not complied in any way with the agreement for telephone contact with Father during her extended weekend custody periods. It should also notable that given the fact that there is a Protection from Abuse Order in place Father has been reluctant and continues to be reluctant to initiate contact with Mother due to the potential for a finding of contempt. 9. Denied. As per Father's response to paragraph 8, above, it is specifically denied that there were two days without telephone contact. It is also notable that there are no specific terms included in a court Order that address telephone contact. See response to paragraph 8, above. 10. Denied. Father lacks sufficient knowledge or information to determine the truth of the averments of this paragraph and therefore, strict proof thereof is demanded at trial. 11. Admitted in part and denied in part. It is admitted that Mother's counsel alleged the Child's counsellor's position regarding contact. However, the allegations of this paragraph are denied to the extent that Father lacks sufficient knowledge or information to determine whether same are true. 12. Denied. It is specifically denied that any conduct on Father's behalf was contrary to the Order of Court in this matter sufficient to constitute to finding of contempt. It is also specifically denied that there was any wilful intent on Father's behalf to violate the terms of the agreements of the parties regarding telephone contact and further denied that the telephone contact as alleged by Mother to be mandated is in any way related to the statement within the vacation paragraph of the Order addressing the mandate that the parties informed the other during vacation periods of contact information where the Children may be reached. 13. Denied. It is specifically denied that Mother is in any way entitled to attorneys fees in this matter. Mother's alleged Petition for Contempt is frivolous and clearly contrary to judicially economy given the fact that she is alleging a violation of an agreement of the parties and not any terms of an Order as entered in this proceeding. WHEREFORE, Father respectfully requests that this Honorable Court deny Mother's Petition for Contempt and her request for attorney's fees. L PLAINTIFF'S COUNTERCLAIM FOR CONTEMPT OF CUSTODY 14. Father's responses to paragraphs one (1) through four (13), above are incorporated herein as are fully set forth. 15. As stated above, an Order of Court was entered regarding the custody of the subject Children dated March 6, 2009. 16. Paragraph one of the Order of Court specifically states that the parties have shared legal custody and it mandates that "each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including but not limited to, all decisions regarding their health, education and religion." 17. The Order also states that "each parent shall be entitled to receive any copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back to school nights, and all like." 18. Despite the shared custody arrangement and the mandates of the Order for Custody, Mother intentionally and wilfully withheld a copy of Kurtis' end of the year report card from Father. 19. In direct violation of the Order of Court and with a complete disregard for the Court's authority Mother also made unilateral decisions regarding the Children's extracurricular activities. 20. Without consulting Father, Mother signed the Children up for swimming lessons. It is believed that Mother purposely and maliciously withheld the information from Father to prevent his participation in their first swimming lessons knowing that missing the event would upset him. Mother's conduct in preventing Father's participation was done maliciously and with the intent to hurt Father, who had no knowledge of the lessons until after they were completed. 21. Mother's unilateral decisions regarding the Children's activities and her withholding of school information that should be shared by the parties pursuant to the shared legal custody provision of the Order is in direct violation of the Order and as a result, Mother must be found in contempt. 22. Father believes and therefore avers that Mother, by her contact, has wilfully failed to abide by this Court's Order and as such, act as in contempt thereof. 23. Father has expended considerable sums and counsel's fees as a result of pursuing the contempt action against Mother and thus he seeks an award of $500.00 for counsel's fees to prepare this Motion and appear at a conciliation and hearing for same. 24. There is a Conciliation scheduled in this matter for August 20, 2009. It is anticipated that it will be rescheduled and Father seeks to have his Claim for Contempt heard at the time of the upcoming Conciliation Conference. WHEREFORE, Father respectfully requests that this Honorable Court enter and Order finding Mother in contempt of this Court's Order and granting Father counsel fees and costs in the amount of $500.00 for having to pursue contempt against Mother and granting such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dated: 1D1 )n Liqda A. Clotfelter, Esquire rney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 20084548 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this ! °thday of August, 2009, the undersigned hereby certifies that a true and correct copy of the foregoing Plaintiff's Response to Mother's Petition for Contempt and Father's Counterclaim for Contempt of Custody was served upon the opposing party by first class mail, postage prepaid, addressed as follows: Dated: S 10 Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 L da A. Clotfelter, Esquire mey ID No. 72%3 021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff 00.00 Post "*4 ouas Gc* ANGELA T. CLAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4548 CIVIL ACTION LAW STEVEN D. CLAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, August 12, 2009 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, August 18, 2009 at 1:30 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: /s/ ac ueline M. Verne Es . 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 v 12 ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S COUNTERCLAIM FOR CONTEMPT OF CUSTODY AND NOW comes Plaintiff, Angela T. Clay, (hereinafter "Mother") by and through her attorney, Mark A. Mateya, Esquire, and files this response to Defendant's Counterclaim for Contempt of Custody, respectfully stating as follows: 14. No response required. 15. Admitted. 16. Admitted. 17. Admitted. 18. Denied. Mother did not intentionally and wilfully withhold a copy of Kurtis' end of year report card from pre-school from Father. The pre-school which Kurtis attended did not issue an end of year report card. By way of further response, the only report card issued is the January 2009 report card which Mother shared with Father. 19. Denied as stated. Strict proof and specificity of this allegation is demanded. 20. Denied as stated. The children have traditionally participated in swim lessons each summer. Kurtis has participated for many summers; This summer was a continuation of those lessons. 21. Denied. Strict proof and specificity of this allegation is demanded 22. Denied. Strict proof and specificity of this allegation is demanded. 23. No response required. By way of further response, Plaintiff has no knowledge of the amount of time and expense for Plaintiff in preparing for the alleged contempt action and as such this claim is hereby denied. 24. Admitted. It is admitted that the original custody conciliation was previously scheduled for August 20, 2009. Counsel for Plaintiff had a prior court hearing in another matter and the present case has been rescheduled for August 18, 2009. It is admitted that the Defendant's Counterclaim will be heard at the same time. WHEREFORE, upon consideration of the foregoing, it is respectfully requested that Defendant's Counterclaim for Contempt be denied. Respectfully submitted, ?1 k - 4j92?- Mark A. Mateya, quire Attorney ID No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Plaintiff Date: `? 113fol VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. "MARK A. MATE A, ESQUIRE Dated: 44jq CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Plaintiff's Response to Defendant's Counterclaim for Contempt of Custody on the following person(s) by depositing a true and correct copy of the same in the United States Mail, Certified Mail, Restricted Delivery, Return Receipt Requested and by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Linda A. Clotfelter Esq. 5021 East Trindle Rd Ste 100 Mechanicsburg PA 17050 U A. kw,2?? - - Mark A. Mateya, Esqu' e PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: D 3 ??T nog A1IG 1 PM 3- S3 palm AUG 19 2009?? ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4548 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is sche uled in Court Roo p-No. 3 , of the Cumberland County C urt House, on the day of , 2009, at /,-00 o'clock. M., at which time testimony will b taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated March 6, 2009 shall remain in full force and effect. 3. 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 TH , Edward E. Guido, J. ' cc.da Clotfelter, Esquire, counsel for Father Mark A. Mateya, Esquire, counsel for Mother e I-F.1S' enaL6L e7; t,/ 49 zn ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4548 CIVIL ACTION - LAW STEVEN D. CLAY, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kurtis S. Clay June 24, 2003 Mother Regina M. Clay March 19, 2007 Mother 2. A Conciliation Conference was held August 18, 2009 with the following individuals in attendance: the Father, Steven D. Clay, with his counsel, Linda Clotfelter, Esquire and the Mother, Angela T. Clay, with her counsel, Mark A. Mateya, Esquire 3. The Honorable Edward E. Guido previously entered an Order of Court dated March 6, 2009 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and every Wednesday and Thursday from 4:15 p.m.-8:45 p.m. and Monday through Friday from 9:00 a.m. until Father goes to work. 4. Father's position on custody is as follows: Father seeks to maintain the status quo, but change the exchange location to the State Police Barracks. Father has a PFA against him and he fears that exchanges at the parties' homes may lead to allegations of PFA violations. Father has also filed for contempt alleging Mother has failed to provide him with the older child's report card and has scheduled extracurricular activities for the children, specifically swimming lessons without Father's consent. Father denies Mother's allegations of contempt. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo including the exchange location citing a recommendation from the older child's counselor that exchanges at the police station would be harmful to the child. Mother has filed a Petition for Contempt citing a violation of the telephone contact clause of the Court Order. In response to Father's allegations of contempt, Mother claims that the child did not receive a report card and the children had previously been signed up for swimming lessons. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. Date ac eline M. Verney, Esquire Custody Conciliator i iLL?VI Ii1.f? OF THE P? 1n?17-111410TARY 2009 AUG 21 Al+ 8: 58 i ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-4548 CIVIL TERM STEVEN D. CLAY, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this 3rd day of September, 2009, after hearing, the Petitions For Contempt are DISMISSED. By the Court, W Edward E. Guido, J. /ark A. Mateya, Esquire For the Plaintiff -Linda A. Clotfelter, Esquire For the Defendant srs eo ,ts rr1?[lEc?, OF THE "TTARY 2009 SEP -8 PM 3= 3:3 ENNSYLVANLA ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-4548 CIVIL TERM STEVEN D. CLAY, CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this 3rd day of September, 2009, after hearing, Paragraph 5 of our prior Custody Order is amended to add the following sentence: "Mother shall not be present during the custodial transfer of the children." In all other respects, our Order of March 6, 2009, shall remain in full force and effect. By the Court, 4 Edward E. Guido, J. ? Mark A. Mateya, Esquire For the Plaintiff Linda A. Clotfelter, Esquire For the Defendant srs e(a/? ?"7 FILED rikFICF OF TH *67?, TARY 2009 SEP -8 PM 3.33 PEN S i tkANIA ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION AND AGREEMENT TO HAVE PARENT COORDINATOR APPOINTED 1. The pertinent information concerning the Children who are the subject of this litigation are as follows: a. Kurtis S. Clay, born June 24, 2003, and Regina M. Clay, born march 19, 2007. b. Mother and Father have shared legal custody of the Children. Mother has primary physical custody and Father has partial physical custody. 2. A hearing was held on September 3, 2009, with the following individuals in attendance: Mother, Angela T. Clay, with her counsel Mark A. Mateya, Esquire, and Father, Steven D. Clay, with his counsel Linda A. Clotfelter, Esquire. 3. The parties agreed at the hearing to have a Parent Coordinator appointed to assist them in addressing and resolving issues which arise on an ongoing basis and to alleviate the need for frequent participation in legal proceedings. Having been advised that the parties have selected Mary Lou Matas, Esquire as their Parent 10 Coordinator, the parties and their counsel agree to an Order in the form attached. Dated: 11) )1 1 ) f /x ? 1 / - I ?V EL T. CLAY, Mother/Plaintiff ? k4<11 Dated: v 0 kAk MARK A. MATE Attorney for Mother/Plaintiff `7 Dated. /0/?O? STEVEN D. CLAY, Father/Defendant Dated: forneDAA. CLOTFELTER y for Father/Defendant 2099 N 0 V 13 F' i 1: ;- NOY 16 2009 Cr 0 s' ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . VS. NO: 084548 STEVEN D. CLAY, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW this day of , 2009, upon consideration of the attached Stipulation and Agreement to Have Parent Coordinator Appointed, it is ordered and directed as follows: 1. The prior Order of this Court dated March 6, 2009 and September 3, 2009, under which the parties have shared legal custody; Mother has primary physical custody and Father has partial physical custody if the Children shall continue in effect. 2. Marylou Matas, Esquire is hereby appointed as Parent Coordinator for the parties for a term of 12 months from the date of this Order, or until the resignation of the Parent Coordinator or termination of the appointment by the Court, whichever first occurs. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination shall be equally divided between the parties, subject to reallocation by the Court in the event the Court determines such a reallocation is appropriate under the circumstances. The parties shall promptly sign the appointed Parent Coordinator's standard Parent Coordination Contract. 3. The Parent Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education. If it is ,t apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the parenting conflict, the Parent Coordinator shall have the authority to resolve the dispute by providing a decision for the parties on the following issues: a. Dates, times, places and conditions for custody exchanges; b. Temporary variation from the schedule for a special event or particular circumstances; C. Minor adjustments to the physical custody schedule necessitated by the needs of the Children; d. School issues, apart from school selection; e. Children's participation in recreation, enrichment and extracurricular activities, programs and travel; f. Child care arrangements; g. Personal possessions of the Children; h. Behavioral management of the Children; i. Information exchange and communication with or about the Children; j. Coordination of services for the Children including counseling, health or medication issues; k. Other related custody issues that the parties mutually agree, in writing, to submit to the Parent Coordinator. 4. The Parent Coordinator's role and authority shall not include the following: a. A change in legal custody decision making authority; b. A change in primary physical custody; S C. A change in the partial custody schedule that substantially reduces or expands the Children's time with one or both parties; d. Relocation of the Children's residence which would render implementation of the current Custody order impossible of impracticable. e. Determination of financial issues. 5. Prior to the Parent Coordinator making a decision, the Parent Coordinator shall provide notice and opportunity for each of the parties to be heard either in person or by other means as determined by the Parent Coordinator, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party or the Children. In the event a parent is given advanced written notice of a session with the Parent Coordinator but does not attend or otherwise make arrangements to participate, the Parent Coordinator may make a decision despite that parent's absence. 6. The Parent Coordinator's decisions may be communicated to the parties orally, but shall be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above-captioned custody docket. Any communication from the Parent Coordinator to the Court shall be copied to the parties, or if represented, counsel. 7. The Parent Coordinator's decisions shall be binding upon the parties unless and until revised by Court Order. 8. Each party retains the right to petition the Court with regard to the conduct of the other parry and any decisions made by the Parent Coordinator. The parties shall have the right to rely upon decisions made by the Parent Coordinator until such time as the Court enters any subsequent Order, with or without a hearing, regarding any issues raised by the parties. t 9. Prior to filing any new motion, petition or complaint with the Court involving non-emergency custody or parenting of the Children within the scope of the Parent Coordinator's authority, the parties shall participate in at least two sessions with the Parent Coordinator to attempt resolution of the specified disputed issues. 10. Each party shall provide the Parent Coordinator with all information that the Parent Coordinator requests, including signed HTPAA releases and other forms requested. The Parent Coordinator is authorized to contact any professional or other individual (e.g. the Children, therapists, physicians, child care providers, teachers, family members, etc.) as the Parent Coordinator deems necessary. 11. The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Children), and whether the sessions will be conducted in person or by other means. 12. The Parent Coordinator may communicate with any party or their attorney in writing or verbally, if necessary, and shall advise all parties/attomeys of any such communications. Any party or attorney may communicate in writing with the Parent Coordinator for the Children, provided that copies are provided to the other party or counsel simultaneously. Any communications between the parents, the parents' attorneys, and the Parent Coordinator shall not be deemed confidential, but shall be admissible in evidence at any proceeding held before the Court, subject to the Pennsylvania Evidence. 13. In accordance with Pa.R.Civ.P. § 1915.17, the Court appointed Parent Coordinator is an officer of the Court, and has quasi-judicial immunity. 14. The Parent Coordinator cannot be compelled to testify in any proceeding absent a Court Order. 15. This Order is entered pursuant to an agreement of the parties at a custody hearing and pursuant to review and acceptance by the Parent Coordinator, herein appointed. c: inda A. Clotfelter, Esquire - Counsel for Father ?/G ark A. Mateya, Esquire - Counsel for Mother ,,.-Marylou Matas, Esquire - Parent Coordinator 12cp ZI Edward E. Guido, Judge OF P1??. bI1V4 '?V TAf 2009 NOV 1 8 PM 1: 0 4 WUNTY PANS'Y' LVANIA ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSrLVAIAG VS. :NO. 08-4548 . O ? STEVEN D. CLAY, : CIVIL ACTION - LAW Respondent/Defendant : IN CUSTODY -: PETITION TO MODIFY CUSTODY AND NOW comes Plaintiff/Petitioner, Angela T. Clay, by and through his counsel, Mark A. Mateya, Esquire and avers the following: 1. Petitioner is Angela T. Clay, who is an adult individual and the natural Mother of the minor children in this'matter who resides at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Respondent, Steven D. Clay, is an adult individual and the natural Father of the minor children in this matter, who resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the parents of KURTIS S. CLAY, born 6/24/2003, and REGINA M. CLAY, born 3/19/2007, (hereinafter children). 4. On March 6, 2009, this Honorable Court entered a Custody Order. See Exhibit A. 5. On November 18, 2009, this Honorable Court ordered Petitioner and Respondent herein to contact a Parent Coordinator, recommending Mary Lou Matas, Esq., as such coordinator. See Exhibit B. 6. Attorney Mary Lou Matas was appointed the Parent coordinator in the case sub judice. 70.4N o/ ° 4 456vr J1 7-3 ?'' ;I 7. From the date of her initial contact with Parent coordinator, Petitioner has made every attempt to cooperate with Parent coordinator in an effort to resolve the impasse between herself and her estranged spouse, Respondent herein. 8. It is believed and therefore averred that Respondent has not cooperated in any meaningful way with Parent coordinator from the date of her appointment to the present. 9. On April 29, 2010, Parent Coordinator Attorney Mary Lou Matas wrote to both Angela T. Clay and Steven D. Clay, reporting, inter alia, that Mr. Clay continued to not address the parenting issues at hand; she also relayed information that Steven D. Clay intends to relocate out of the area and wishes to cease his custodial time with his children after May 16th, 2010. See Exhibit C. 10. Petitioner has requested information of Respondent, at an email address used by Petitioner and Respondent to communicate, as to where he is moving, what his contact information will be, and how to reach him in the event of an emergency. 11. To date, Respondent has not replied to Petitioner's request referenced in number 10 above. See Exhibit D. 12. It is believed and therefore averred that the request for contact information is a reasonable request which does not pose any danger or threat to Respondent and, further, that sharing this information with Petitioner is a responsible course of action. 13. Respondent's counsel has stated that Respondent may be staying locally and may be moving to the South, but has no definite information which she can share with Petitioner or Petitioner's counsel. 14. Respondent has not acted in good faith toward the Parent coordinator or her role in trying to assist the estranged parents in co-parenting their children. 15. Respondent has not acted in good faith toward the custody conciliation process. 16. Respondent has not acted in the best interests of his children by his actions, as explained above. WHEREFORE, Petitioner requests THIS HONORABLE COURT award full physical and legal custody to Petitioner until further notice from this Court. Respectfully submitted, - 4A Mark A. Mateya, Es ire Attorney ID No. 78931 P.O. BOX 1 ?7 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Angela Clay Date: ?Q ?? VERIFICATION I, Angela T. Clay, verify that the facts set forth in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: ANGELA T. CLAY, IN THE COURT OF' COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-4548 CIVIL TERM STEVEN D. CLAY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 6th day of March, 2009, after hearing, it is hereby ordered and directed as follows: 1. The Mother, Angela T. Clay and the Father, Steven D. Clay, shall have shared legal custody of Kurtis S. Clay, born June 24, 2003, and Regina M. Clay, born March 19, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teat and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the children. 3. Father shall have the following periods of partial physical custody: A. Every other weekend from Friday at 5:00 p.m. to Sunday at 5:00 p.m. B. On the weeks he works daylight, Wednesdays and Thursdays from 4:15 p.m. to 8:45 p.m. C. On the weeks he works second shift, Monday through Friday from 9:00 a.m. until he goes to work. D. Such other times as the parties agree. 4. Holidays: A. Thanksgiving shall be shared with Mother always having physical custody from 9:00 a.m. to 3:00 p.m. and Father always having physical custody of the children from 3:00 p.m. to 9:00 p.m. B. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day. Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Mother shall be Block A in even-numbed years and Block B in odd-numbered years. Father shall have Block A in odd-numbered years and Bloch: B in even- numbered years. C. Easter shall be shared such that Father shall have physical custody from 9:00 a.m. to 3:00 p.m. in odd-numbered years and 3:00 p.m. to 9:00 p.m. in even-numbered years. Mother shall have physical custody from 9:00 a.m. to 3:00 p.m. in even-numbered years and 3:00 p.m. to 9:00 p.m. in odd-numbered years. D. Each party shall be entitled to one full week of physical custody in the summer to be taken in conjunction with their weekend, provided they give the other party 30 days notice and a location and telephone number where the children may be reached. E. Memorial Day, July 4th and Labor Day shall be alternated between the parties with Mother having Memorial Day in 2009 from 9:00 a.m. to 9:00 p.m. and the parties alternating the specified holidays thereafter. F. Mother's Day/Father's Day. Mother shall always have physical custody of the children on Mother's Day from 9:00 a.m. to 9:00 p.m. Father shall always have physical custody of the children on Father's Day from 9:00 a.m. to 9:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport. 6. Neither party may use alcohol or illegal drugs immediately before or during their periods of physical custody. 7. The parents shall insure that no guns of any nature, including starter pistols, be permitted in the presence of the children. 8. The children shall not be relocated from the current jurisdiction without prior Order of Court. By the Court,_._„ Edward E. Guido, J. rk A. Mateya, Esquire torney for Mother Linda A. Clotfelter, Esquire Attorney for Father Sherif f srs ANGELA T. CLAY, Plaintiffs VS. STEVEN D. CLAY, Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-4548 : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT day of 2009, upon consideration of the attached Stipulation and Agreement to Have Parent Coordinator Appointed, it is ordered and directed as follows: 1. The prior Order of this Court dated March 6, 2009 and September., 2009, under which the parties have shared legal custody; Mother has primary physical custody and Father has partial physical custody if the Children shall continue in effect. Marylou Matas, Esquire is hereby appointed as Parent Coordinator for the parties for a term of 12 months from the date of this Order, or until the resignation of the Parent Coordinator or termination of the appointment by the Court, whichever first occurs. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination shall be equally divided between the parties, subject to reallocation by the Court in the event the Court determines such a reallocation is appropriate under the circumstances. The parties shall promptly sign the appointed Parent Coordinator's standard Parent Coordination Contract. 3. The Parent Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education. If it is apparent to the Parent Coordinator that continued similar e5orts are unlikely to resolve the parenting conflict, the Parent Coordinator shall have the authority to resolve the dispute by providing a decision for the parties on the following issues: a. Dates, times, places and conditions for custody exchanges, b. Temporary variation from the schedule for a special event or particular circumstances; c. Minor adjustments to the physical custody schedule necessitated by the needs of the Children; d. School issues, apart from school selection; e. Children's participation in recreation, enrichment and extracurricular activities, programs and travel; 1. Child care arrangements; g. Personal possessions of the Children; h. Behavioral management of the Children; i. Information exchange and communication with or about the Children; J. Coordination of services for the Children including counseling, health or medication issues; k. Other related custody issues that the parties mutually agree, in writing, to submit to the Parent Coordinator. 4. The Parent Coordinator's role and authority shall not include the following: a. A change in legal custody decision making authority; b. A change in primary physical custody; C. A change in the partial custody schedule that substantially reduces or expands the Children's time with one or both parties; d. Relocation of the Children's residence which would render implementation of the current Custody Order impossible of impracticable. e. Determination of financial issues. 5. Prior to the Parent Coordinator making a decision, the Parent Coordinator shall provide notice and opportunity for each of the parties to be heard either in person or by other means as determined by the Parent Coordinator, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party or the Children. In the event a parent is given advanced written notice of a session with the Parent Coordinator but does not attend or otherwise make arrangements to participate, the Parent Coordinator may make a decision despite that parent's absence. 6. The Parent Coordinator's decisions may be communicated to the parties orally, but shall be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above-captioned custody docket. Any communication from the Parent Coordinator to the Court shall be copied to the parties, or if represented, counsel. 7. The Parent Coordinator's decisions shall be binding upon the parties unless and until revised by Court Order. 8. Each party retains the right to petition the Court with regard to the conduct of the other party and any decisions made by the Parent Coordinator. The parties shall have the right to rely upon decisions made by the Parent Coordinator until such time as the Court enters any subsequent Order, with or without a hearing, regarding any issues raised by the parties. 9. Prior to filing any new motion. petition or complaint with the Court involving non-emergency custody or parenting of the Children within the scope of the Parent Coordinator's authority, the parties shall participate in at least two sessions with the Parent Coordinator to attempt resolution of the specified disputed issues. 10. Each party shall provide the Parent Coordinator with all information that the Parent Coordinator requests, including signed HIPAA releases and other forms requested. The Parent Coordinator is authorized to contact any professional or other individual (e.g. the Children, therapists, physicians, child care providers, teachers, family members, etc.) as the Parent Coordinator deems necessary. 11. The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Children), and whether the sessions will be conducted in person or by other means. 12. The Parent Coordinator may communicate with any party or their attorney in writing or verbally, if necessary, and shall advise all parties/attorneys of any such communications. Any party or attorney may communicate in writing with the Parent Coordinator for the Children, provided that copies are provided to the other party or counsel simultaneously. Any communications between the parents, the parents' attorneys, and the Parent Coordinator shall not be deemed confidential, but shall be admissible in evidence at any proceeding held before the Court, subject to the Pennsylvania Evidence. 13. In accordance with Pa.R.Civ.P.§1915.17, the Court appointed Parent Coordinator is an officer of the Court, and has quasi-judicial immunity. 14. The Parent Coordinator cannot be compelled to testify in any proceeding absent a Court Order. 15. This Order is entered pursuant to an agreement of the parties at a custody hearing and pursuant to review and acceptance by the Parent Coordinator, herein appointed. cc: Linda A. Clotfelter, Esquire - Counsel for Father Mark A. Mateya, Esquire - Counsel for Mother Marylou Matas, Esquire - Parent Coordinator wR=. Edward E. Guido, .fudge ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION AND AGREEMENT -1.0 HAVE PARENT COORDINATOR APPOINTED 1 . '['he pertinent information concerning the Children who 111V the SUbject o1 this litigation are as follows: a. KUrtis S. Clay, born June 24, 2003, and Regina M. Clay, born march 19, 2007. b. Mother and Father have shared legal custody ofthe Children. Mother has primary physical custody and Father has partial physical custody. 2. A hearing was held on September 3, 2009, with the iollowin?() individuals in attendance: Mother. Angela 1'. Clay, with her counsel Marl: A. Mateya, Esquire, and Father, Steven D. Clay, with his counsel Linda A. Clotfelter, Esquire. ?. The parties agreed at the hearing to have a Parent Coordinator appointed to assist them in addressing and resolving issues which arise on an ongoing basis and to alleviate the need for frequent participation in legal proceedings. Having been advised that the parties have selected Mary Lou Matas, Esquire as their Parent Coordinator, the parties and their counsel agree to an Order in the form attached. n I .) "') (• Dated: < L CLAY. Mother/Plaintiff, I -Dated: (v /Gi D f v? ?` MARK A. MATE \ Attorney I'm Mother/Plaintiff Dated: S"f l?Vl3N L). CLAY. lather/Defendant 7 Z Dated: ! ! I I l? L DA A. CLOTFELTER J ` A torney for Luther/Defendant I01-IN E. SLIKE I: ?RER-I C SAIDIS .1.\H 1, I) 1-1-0kVER, IR \RuL I. LINDSAI' JOHN B. LAMPI D ANIFL L. SULLIVAN DL.AN E. REYNOSA THOMAS E. FLOWER VI:\ \)'LOU MA•rAS IASON L. KELSO LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorneyb0sfi-law.com www.sfl-law.coni April 29, 2010 Angela T. Clay 16 Hilltop Drive Mt. Holly Springs, PA 17065 Steven D. Clay 401 Raymon Avenue Boiling Springs, PA 17007 Re: Custody Dear Steven and Angela: RECEIVED MAY 03 2010 CAMP 1-IILL OFFICE: 2101 NI -%RKET STREET CAiM11 HILL. P11, 17011 TELEPHONE (717)737-3405 FACSIMILE: (717)737-3107 REPLY TO CARLISLE: This will follow up on my contact with each of you. I spoke with Angela on April 22, 2010 by telephone and I spoke with Steven in person on April 29, 2010. Angela raised several questions with me including that of summer vacation and confirming the dates for each parent as well as confirmation of the preschool arrangement for Regina. She also wanted to confirm email communication because she has been emailing Steven but has not been receiving any response. When I meet with Steven today to review these matters he indicated to me first, before I had a chance to relay any of this information, to me that it is his intention to relocate in the very near future. Therefore, at his request his last day of custody, at least for an interim period, will be Sunday, May 16, 2010. His personal circumstances have changed drastically such that exercising his periods of custody pursuant to the current Custody Order are not practical for the current time. He does intend to maintain contact as he can by telephone and understands that Curtis has his own cell phone. I did explain clearly to Steven that I did not have the authority to make permanent modifications to any Custody Order. I did advise him to speak with his individual attorney about this. He was certain that he wanted me to address this information in a letter to each party and that his last period of custody would be May 16, 2010, for an interim time. I will be happy to meet with either party again if they wish to discuss any other matter pertaining to custody. Very truly yours, SAIDIS, FLOWER & LINDSAY M M tas Esquire' MM/JjId cc: Linda A. Clotfelter, Esquire Mark A. Mateya, Esquire From: Steven Clay (racegod 16@yahoo.com) To: teachersdoitright@yahoo.com; Date: Mon, May 3, 2010 5:39:22 PM Cc: Subject: Re: Question --- On Mon, 5/3/10, Angie Clay <teachersdoitright@a yahoo.com> wrote: From: Angie Clay <teachersdoitright@yahoo.com> Subject: Question To: "Steve Clay" <racegod I 6@yahoo.com> Date: Monday, May 3, 2010, 5:10 PM Steve, I have just recieved a letter from Marylou Matis informing me that you are planning on relocating. If you could please supply me the following information it would be greatly appricated. 1. What is the date of your relocation? 2. What is the address of your new residence? 3. What phone numbers can you be reached at? If you can relay this information to me by one of the following ways it would be appricated. 1. Respond to this email 2. Call and let a message on Kurtis' phone 3. Call/ email Marylou Matis 4. Contact your attorney to give it to Mark Mateya 5. Email it to my attorney Mark Mateya at mam@mateyalaw.com 6. Send it through the postal service 7. Any other mode of communication that you would find suitable Thank you, Angie http://us.mg3.mail.yahoo.com/dc/launch?.g 6 5/6/2010 From: Angie Clay (teachersdoitright@yahoo.com) To: racegod I 6@yahoo.com; Date: Tue, May 4, 2010 10:21:02 PM Cc: Subject: Question Steve, I rec'd a blank email from you in response to my "Question" email. Either your answer didn't come through or you meant to answer it that way. Either way, I simply want to be able to contact you if the need arises for the children or if there is some emergency. Please send me the requested contact information listed below. 1. What is the date of your relocation? 2. What is the address of your new residence? 3. What phone numbers can you be reached at? If you can relay this information to me by one of the following ways it would be appricated 1. Respond to this email 2. Call and let a message on Kurtis' phone 3. Call/ email Marylou Matis 4. Contact your attorney to give it to Mark Mateya 5. Email it to my attorney Mark Mateya at mam@mateyalaw.com 6. Send it through the postal service 7. Any other mode of communication that you would find suitable Thank you, Angie http://us.mg3.mail.yahOo.com/dc/launch?.gx=1 &.rand=71dabu2s14gj6 5/6/2010 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Linda A. Clotfelter Esq. 5021 East Trindle Rd Ste 100 Mechanicsburg PA 17050 ID Mark A. Mateya, Esquire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: S' 7'/0 ANGELA T. CLAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-4548 CIVIL ACTION LAW STEVEN D. CLAY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, May 18, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 07, 2010 at 9:30 AM ..___ .......... _ > for a Pre Hearin 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: /s/ ac ueline M. Verne Es q% 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 c_n--,' `. Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?r `T l rlce??? 5 l9'/D (IrA, AeAoe v r' ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS r--a -11 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c= -j =n =n vs. :NO. 08-4548 T STEVEN D. CLAY, : CIVIL ACTION - LAW e ` Defendant : IN DIVORCE , MOTION FOR APPOINTMENT OF MASTER Angela T. Clay, Plaintiff, by and through her attorney, Mark A. Mateya, Esquire, moves This Honorable Court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is required; (2) Defendant, Steven D. Clay is represented in this action by Linda Clotfelter, Esquire. (3) The statutory grounds for divorce are 23 Pa.C.S. section 3301(c). (4) The action is contested with respect to the following claims: divorce, equitable distribution of the parties' marital property, and distribution of property. (5) The action involves complex issues of fact. (6) The hearing is expected to take one day. (7) Plaintiff, Angela T. Clay, filed a complaint in divorce on July 29, 2008. There has been no substantive motion in this case, despite the Plaintiff's attempt to reach a settlement with Defendant on the outstanding issues. (8) Counsel for the parties have attempted to reach an agreement of the issues surrounding this Divorce to no avail. WHEREFORE, Plaintiff, Angela T. Clay, respectfully requests that This Honorable Court appoint a master with respect to her claim for divorce, equitable distribution of the parties' marital property, and distribution of property. Respectfully submitted, lk'?& Mark A. Mateya, Es ire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff - ( I ( Date: ? ( a 2 VERIFICATION I, Angela T. Clay, verify that the facts set forth in the foregoing Motion for Appointment of Master are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4094, relating to unworn falsification to authorities. DATED: CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Linda A. Clotfelter Esq. 5021 East Trindle Rd Ste 100 Mechanicsburg PA 17050 Vja K , kr??. Mark A. Mateya, Esqui 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: (?> (( 116 JUN 18 2010 y ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 08-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER APPOINTMENT MASTER AND NOW, this 01 j 't day of , 2010, ?- Esq. is appointed master with respect to the following claims: ' 1. Equitable Distribution; 2. Granting of Divorce Decree; 3. Distribution of Property BY THE COURT: ' ?7 tom. J. CC? f S' rn? l C£r?, 10/a V/ JUN ' J L J [UlU ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2008-4548 CIVIL ACTION -LAW STEVEN D. CLAY, Defendant : IN CUSTODY a ~ ~ G ,~~ f ORDER OF COURT ~' r,_, _ c__ ~ _~ ;_;~ -rr ~- ; rJ ~ t" ~ `~~' ~ $ ~ ~ _; `; AND NOW this da of GW Y 2010 u p::: = T consideration of the attached Custody Co ' iation Report, it is ordered and direc~d as follows: ~ ~~- .,~ ='' 1. The prior Order of Court dated March 6, 2009 shall remain in full force and effect with the following addition. 2. The parties shall have reasonable telephone contact with the children. If the non-custodial parent calls the children and must leave a message for the children to return the call, the custodial parent shall assure that the children return the telephone call within a reasonable time. 3. This Order is entered pursuant to an agreement of the parties at 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. The Conciliator will hold jurisdiction for ninety days from the date of this Order. Either party may contact the Conciliator within ninety days to schedule another conciliation c~nference_ -~ ~ c.._ ~. .~ ~.,'-r; ~ r-' ~ . iv • , ~ -G ~ ` ....! .~ -- Edward E. Guido, J. cc~ark A. Mateya, Esquire, Counsel for Mother ~' Linda Clotfelter, Esquire, Counsel for Father ~~~ ~~~- `~aQ~i~ err) ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2008-4548 CIVIL ACTION -LAW STEVEN D. CLAY, . Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kurtis S. Clay Regina M. Clay June 24, 2003 March 19, 2007 Mother Mother 2. A Conciliation Conference was held in this matter on June 24, 2010, with the following in attendance: The Mother, Angela T. Clay, with her counsel, Mark A. Mateya, Esquire, and the Father, Steven D. Clay, with his counsel, Linda Clotfelter, Esquire. 3. The Honorable Edward E. Guido previously entered and Order of Court dated March 6, 2009 providing for shared legal custody, Mother having primary physical custody and Father having alternating weekends and periods of time during the off week with the children. A parenting coordinator was also appointed. 4. The parties agreed to an Order in the form as attached. l0 -oty - lb Date ac eline M. Verney, Esquire Custody Conciliator .` ANGELA T. CLAY, Plaintiff vs. STEVEN D. CLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4548 CIVIL ACTION -LAW IN DIVORCE PETITION FOR ECONOMIC CLAIMS AND NOW, comes Defendant, Steven D. Clay, by and through his attorney, Linda A. Clotfelter, Esquire, who files this Petition for Economic Claims respectfully stating the following: 1. Petitioner is Steven D. Clay, (hereinafter referred to as "Petitioner"), an adult ,' individual who resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Respondent is Angela T. Clay, (hereinafter referred to as "Respondent"),an adult individual who resides at 16 Hilltop Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. COUNT I -ALIMONY 3. Paragraphs 1 and 2, above, aze incorporated herein by reference. 4. Petitioner lacks sufficient property to provide for his reasonable needs. 5. Petitioner is unable to sufficiently support himself through appropriate employment. 6. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Petitioner. 85 ti u~~ o~ ~ n~ -,~,~,~,a~ , ~ ~ '~~~ 39-s ~~ X997 I~ ~ y4O~f2 0 WHEREFORE, Petitioner requests this Honorable Court enter a Decree of Divorce; an Order of Court compelling the Plaintiff to pay alimony to the Petitioner; and an Order of Court granting such other relief as this Court deems just and proper. II - 7. Paragraphs 1 through 6, above, are incorporated herein by reference. 8. By reason of the institution of the action to the above term and number, Petitioner will be and has been put to considerable expense in the preparation of his case, in the employment of counsel, and the payment of costs. 9. Petitioner is without sufficient funds to support himself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during pendency of this action. 10. Petitioner's income is not sufficient to provide his reasonable needs to pay his attorney's fees and the costs of this litigation. 11. Plaintiff has adequate earnings to provide support for the Petitioner and to pay his counsel fees, costs and expenses. WHEREFORE, Petitioner respectfully requests this Honorable Court enter a Decree of Divorce; an Order of Court equitably distributing the parties marital property and debt; an Order of Court compelling the Plaintiff to pay alimony, alimony pendente lite, counsel fees, costs and expenses; and granting such other relief as this Court deems just and proper. Respectfully submitted, By L' da ~. Clotfe ter, Esquire orney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 7~6-1930 telephone (717) 796-1933 facsimile Attorney for Defendant ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-4548 STEVEN D. CLAY, :CIVIL ACTION -LAW Defendant :1N DIVORCE VERIFICATION I, STEVEN D. CLAY, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: ~~ p~/v ~ D. CLAY i ~ ANGELA T. CLAY, Plaintiff vs. STEVEN D. CLAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-4548 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE AND N(~W, this 30~' day of July, 2010, the undersigned hereby certifies that a true and correct copy of the foregoing Petition for Economic Claims was served upon the opposing party by via hand-delivery as follows: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 Dated: I d L "da A. Clotfelter, Esquire A orney ID No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW N - Ca Defendant : IN DIVORCE rnm C/) rn ;v r- --v -Urn ,,,, - -? ;z)C, o AFFIDAVIT OF SERVICE OF DISCOVERY cC DOCUMENTS UPON STEVEN D. CLAY zo o f=, AND NOW, this 8th day of September, 2010, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, Angela T. Clay, who, being duly sworn according to law, deposes and says that: 1. Interrogatories and Request for Production of Documents were served upon Linda Clotfelter, Esquire, counsel for Steven D. Clay on August 6, 2010. 2. The responses to the Interrogatories and Request for Production of Documents are due within thirty (30) days therefrom, said date being on or before, September 6, 2010. Respectfully submitted, Li,- k Mark A. Mateya, Es u' e Attorney I.D. No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Linda A. Clotfelter Esq. 5021 East Trindle Rd Ste 100 Mechanicsburg PA 17050 Dated: g (d n a Mark A. Mateya, Esqu' 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant AND NOW, this oEC 1 620V1 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4548 : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT day of.AT r9 201 .0, upon consideration of the 17 ordered t parties all present their respective attached petition for special relief, it is hereb ? 3 on (date). The parties shall exchange a list of exhibits positions in courtroom they wish to use and witnesses they wish to call at the hearing at least seven (7) days prior to the hearing. F Date of J Order: C: cz-z xrn X X rn c-1 -,,r- z r- 55 ?, o :cam n. n c-3 -7-7 Cz 1£S i'Yt7??fcl.. I ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r1a (7) i VS. NO: 08-4548 -r, --? M-1 tm rri M STEVEN D. CLAY CIVIL ACTION - LAW= CJ N rL Defendant DIVORCE AND CUSTODY n Prior Judicial Assignment: Edward E. Guido, Judge Concurrence - Counsel for Plaintiff, Mark A. Mateya, Esquire, concurs with this Wijon - Respondent/Defendant - Is presumed to not concur (see paragraphs 11 & 12) PETITION TO WITHDRAW APPEARANCE 1. Petitioner is Linda A. Clotfelter, Esquire, (hereinafter "Petitioner") counsel of record for Defendant, Steven D. Clay. 2. Respondent is Steven D. Clay, (hereinafter "Respondent"), defendant in the above-captioned matter. 3. Petitioner has been involved in extensive litigation with these parties since 2008. 4. Respondent and Petitioner have reached an impasse in their attorney-client relationship. 5. Despite efforts to address the impasse, it remains unresolved and it does not appear that it will ever be resolved. 6. The impasse may likely affect Petitioner's ability to represent Respondent. 7. Given the significant outstanding litigation pending between these parties on several issues including Plaintiff s most recent Petition for Special Relief filed for Plaintiff that is 0 scheduled to be heard January 20, 2011; the appointment of the Divorce Master; the posture of the parties; and their inability to agree upon any resolutions, it is expected that significant additional litigation will be required before the issues are resolved. 8. Petitioner, a sole practitioner will face significant hardship if her request to with draw as counsel is denied. 9. Denying Petitioner's request to withdraw as counsel will further irreparably damage Petitioner and her business. 10. Opposing counsel, Mark Mateya, Esquire concurs with this request. 11. It is presumed that Respondent does not concur with this request as he has not responded to notice given by counsel in her email and written correspondence, copies of which are attached hereto as Exhibit "A". 12. Upon information and belief, Respondent is attempting to obtain alternate counsel. See email from Respondent attached hereto as Exhibit "B". 13. Petitioner now seeks leave of court to immediately withdraw as counsel for Respondent in this proceeding. WHEREFORE, Petitioner respectfully requests the Court grant her leave to withdraw her appearance on behalf of Steven D. Clay and terminate her representation of Steven D. Clay. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: y; ZtA? U, ?'z DA A. CLOTFELTER, ESQ Attorney I.D. 72963 -41 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Page 1 of 1 Linda ClotFelter From: Linda Clotfelter [lindaclotfelter@LACLAWFIRM.COM] Sent: Wednesday, December 22, 201011:08 AM To: 'Steven Clay' Subject: Motion to Withdraw Notice Hi Steve. Attached is the letter/notice I mentioned previously. I hope you can find alternate counsel. --Linda ?nda d?• ?ot?ieltrt LAW FIRM OF LINDA A. CLOTFELTER 5021 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile lindaclotfeltera,a,,LACLAWFIRM.COM This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, U.S.C. Sections 2510-2521, is confidential, and is legally privileged. The information transmitted is intended only for the person or entity to which it is addressed. Any review, retransmission, dissemination or other use of this information by persons or entities other than the intended recipient is prohibited. If you are not the intended recipient, please contact the sender immediately and delete the material from any computer. N 1'F . - ,n,. /^ A . n LAW FIRM OF LINDA A. CLOTFELTER 5021 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (717)796-1930 facsimile (717)796-1933 December 21, 2010 VIA EMAIL AND F RST CLASS MAIL Steven Clay 401 Raymon Avenue Boiling Springs, PA 17007 RE: Steven D. Clay - Divorce/Custody/Support/PFA Litigation Dear Mr. Clay: As you know from my recent email, our fee agreement states that we will suspend work on your file under certain circumstances and those circumstances have come to fruition. Accordingly, we will be unable to continue to represent you in the above-referenced matters. We will be filing a Motion for Leave to Withdraw as your legal counsel. We understand that you are in the process of finding alternate counsel and we will work with you and your new counsel to facilitate a smooth transfer of your files. Very truly yours, S 0. oer da A. Clotfelter n Page 1 of 1 Linda Clotfelter From: Steven Clay [racegod16@yahoo.com] Sent: Thursday, December 16, 2010 6:06 PM To: Linda Clotfelter Subject: Fw: Linda, Maybe you didn't get this the other day so I am sending it again. I need you to write this to me,or directly to Family Law Clinic ASAP so I can get on the waiting list. Their address/phone is; 45 N. Pitt St Carlisle,Pa 17013 245-3696 --- On Mon, 12/13/10, Steven Clay <racegodl6 a yahoo.com> wrote: From: Steven Clay <racegodl6@yahoo.com> Subject: To: "Linda Clotfelter" <lindaclotfelter@laclawfirm.com> Date: Monday, December 13, 2010, 7:35 PM Linda, I guess since you said you can no longer represent me,I need a letter stating that for The Family Law Clinic in Carlisle. Steven Clay ANGELA T. CLAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 08-4548 STEVEN D. CLAY, Defendant : CIVIL ACTION -LAW : DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 29th day of December, 2010, the undersigned hereby certifies that a true and correct copy of the foregoing PETITION TO WITHDRAW APPEARANCE was served upon the opposing parry by United States First Class Mail, postage prepaid: Mark A. Mateya, Esquire 55 West Church Avenue Carlisle, PA 17013 (Attorney for Plaintiff) Steven D. Clay 401 Raymon Avenue Boiling Springs, PA 17007 (Respondent) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER JVL,1 J?a5l 11111u1G AVau, JU1LG 1VV Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant DEC 3 0 2010 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 08-4548 r.CIVIL ACTION - LAW DIVORCE AND CUSTODY RULE r `. ; r C-r Ma c? C:: ^ day of , 201`, upon consideration of the AND NOW this ? - Petition of Linda A. Clotfelter, Esquire, to withdraw as counsel for the Defendant, a Rule is issued upon all parties to show cause why the Petition should not be granted, returnablwv days from date of service. BY THE COURT: 6W Edward E. Guido, Judge Distribution: v'Linda A. Clotfelter, Esquire, 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050, Attorney for Defendant '/Mark A. Mateya, Esquire, 55 West Church Avenue, Carlisle, PA 17013, Attorney for Plaintiff ?ed ? Steven D. Clay, 401 Raymon Avenue, Boiling Springs, PA 17007, Respondent es 0 5I ?I `r ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN D. CLAY, CIVIL ACTION - LAW Defendant NO. 08-4548 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20th day of January, 2011, after hearing the positions of the parties, it is hereby ordered and directed as follows: 1. Defendant, Steven D. Clay, shall vacate the marital residence within 30 days of today's date. Thereafter Plaintiff, Angela T. Clay, is granted exclusive possession of the marital residence. 2. Angela T. Clay shall timely pay all mortgage payments due on the marital residence. 3. The parties shall list the marital residence with an agreed-upon realtor at the sum of $189,900.00. If the parties cannot agree upon a realtor', the parties shall list it for a six month period with James Collins. 4. The parties shall accept an offer, a valid good faith offer with the normal contingencies of financing in the amount of $180,000.00 or more. 5. If the Defendant does not sign a bona fide offer within the parameters set forth above within 48 hours of being requested to do so, Plaintiff's attorney, Mark Mateya, Esquire, is authorized to sign on his behalf. 6. Defendant shall vacate the premises leaving it in good condition and clean. /Mark A. Mateya, Esquire For the Plaintiff ?1e? /Steven D. Clay COPS Qa Pro se :lfh C o n rr n ? ? rn = = =';O x r " -OM r- :;O -< > - CD I { C?3 --1 CJ O y, 3 c_7 -r1 O n rya C -- , rn N W :TJ t Edward E. Guido, J. ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN D. CLAY, CIVIL ACTION - LAW Defendant NO. 08-4548 CIVIL TERM IN RE: WITHDRAWAL OF COUNSEL ORDER OF COURT AND NOW, this 20th day of January, 2011, upon motion of Defendant's counsel and with his concurrence, she is granted permission to withdraw her appearance. Defendant has indicated his desire to proceed pro se. By the Court, 4 Edward E. Guido, J. ?Mark A. Mateya, Esquire de -- For the Plaintiff Cop;e? =? -Orn ? ,,Q Ors t? cn tv o Linda A. Clotfelter, Esquire ? ..,? Q a For the Defendant © = c3 :lfh ;? ':' v U? ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 08-4548 STEVEN D. CLAY, :CIVIL ACTION -LAW Respondent/Defendant . IN DIVORCE PETITION FOR CONTEMPT Angela T. Clay, by and through his c6i4k AND NOW comes Plaintiff/Petitioner l, mark ; ' " , Tr A. Mateya, Esquire and avers the following: 1. Petitioner is Angela T. Clay, who is an adult individual who resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania. 2. Respondent, Steven D. Clay, is an adult individual who presently resides at 35 High Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Petitioner Angela T. Clay filed a Petition for Special Relief on or about December 15, 2010, requesting that Respondent be ordered to vacate the marital home as he has been unemployed for nearly a year and unable to make the mortgage payments. See Exhibit "A" attached hereto. 4. A hearing was held before the Honorable Judge Guido on January 20, 2011. See Exhibit "B" attached hereto. 5. Respondent was ordered to vacate the premises and leave it in good condition and clean. 6. Respondent vacated the marital residence located at 401 Raymond Avenue, Boiling Springs, PA and left the house in a deplorable condition. See Exhibit "C" with photo numbers as listed in the lettered subparagraphs below, attached hereto: a. Carpets and floors soiled and spotted See Exhibit C - 354, 355, 357-361, 370 - 374, 376 -378,380,400,408. b. House very dirty. See Exhibit C - 363, 385 - 387, 390 - 391, 415, 419, 420, 422 -423,429,439. Smoke smell in the entire house See Exhibit D e. Minor marks, dents and holes in walls throughout. See Exhibit C - 353, 365 -366,381,403 -404,417,422,432. f. Respondent removed the appliances which were part of the marital home: Counsel for Petitioner specifically stated to Respondent that he should leave the appliances in the home when he departed. Respondent did not respond to this email communication with an agreement or disagreement to any of the contents of the email, including the appliances. See Exhibits C - 382 - 383, 392 and Exhibit "E". g. Upon leaving the marital residence, it is believed and therefore averred that Respondent ran over and damaged the Collins Real Estate sign which had been placed in the front lawn of the marital residence and also left tire ruts in the front lawn causing damage to the lawn. See Exhibit C - 349 - 352, 426. 7. At the time of the January 20, 2011, hearing on Petitioner's Petition for Special Relief, unknown to Petitioner or Petitioner's counsel, the marital property was already in foreclosure. a. Wells Fargo had initiated foreclosure proceedings against Petitioner and Respondent. See Exhibit "F"; b. All of the correspondence from Wells Fargo relating to the foreclosure proceedings had been forwarded to Respondent. Respondent did not share any of this correspondence with Petitioner, nor advise her that it was received by him on her behalf. Petitioner discovered that Respondent had kept the correspondence from Wells Fargo in a drawer. See Exhibit C - 435, 437. It is not known if other, similar correspondence was received by Respondent and not shared with Petitioner. C. Petitioner did not know that foreclosure proceedings had been commenced by Wells Fargo at the time of the January 20, 2011 hearing. d. At the time of the January 20, 2011, hearing, Respondent knew or should have known that a proposed resolution by this Court that Petitioner pay all of the past due mortgage payments would not be acceptable to Wells Fargo, the mortgagee; Wells Fargo had already initiated foreclosure proceedings against the marital property prior to that date. 8. In addition to the actions listed above, Respondent still has not completely answered the outstanding discovery to Petitioner. 9. On January 28th, 2011, Petitioner's counsel sent correspondence to Respondent advising him that there were still outstanding discovery responses due to Petitioner. See Exhibit «G" 10. Respondent has failed to adequately respond to Petitioner's outstanding discovery responses. COUNT I - CONTEMPT 11. Paragraphs 1 through 10 above are incorporated herein by reference. 12. Respondent is in contempt of this Court's Order of January 20, 2011, in that Respondent was aware that foreclosure proceedings had been initiated by Wells Fargo and that Petitioner would be unable to comply with this Court's Order to make timely mortgage payments on the marital residence. 13. Respondent is in contempt for failure to timely file responses to Petitioner's discovery requests after several attempts to obtain such information. 14. Respondent failed to leave the marital residence in good and clean condition ("broom swept"). WHEREFORE, Petitioner respectfully requests that this Court 1. Find Respondent in contempt of the Order of Court January 20, 2011, in the case sub judice; 2. Order Respondent to pay for damages and cleaning costs associated with the marital home, including having the carpets professionally cleaned by a reputable company in the business of carpet cleaning, professional cleaning, minor repairs and painting as necessary, landscaping to repair the damage in the front yard created by respondent; 3. Order Respondent to pay for the mortgage arrearages, including all penalties and interest, in order to bring the mortgage completely current. 4. Order Respondent to pay for Petitioner's attorney's fee related to her most recent petition for special relief, this motion in contempt as an attempt to gain Respondent's compliance with the present Court Order in an amount of two thousand dollars; 5. Order Angela Clay be made the constructive trustee of Respondent's finances and be given a limited power of attorney in order to carry out the dictates and relief of this Order, and 6. Such other relief as this Court deems necessary and reasonable. Respectfully submitted, Mark A. Mateya, squire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax L-? (i Counsel for Angela Clay Date: VERIFICATION I, Angela T. Clay, verify that the facts set forth in the foregoing Petition in Contempt are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: ?? ?? ANGELA T. CLAY Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 08-4548 c -° STEVEN D. CLAY, CIVIL ACTION - LAW W r, , -- : - r :,6d Respondent/Defendant : IN DIVORCE -?? "' °o PETITION FOR SPECIAL RELIEF AND NOW comes Plaintiff/Petitioner, Angela T. Clay, by and through his co?unse?, Ndk A. Mateya, Esquire and avers the following: 1. Petitioner is Angela T. Clay, who is an adult individual and the natural Mother of the minor children in this matter who resides at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Respondent, Steven D. Clay, is an adult individual and the natural Father of the minor children in this matter, who resides at 401 Raymond Avenue, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the parents of KURTIS S. CLAY, born 6/24/2003, and REGINA M. CLAY, born 3/19/2007, (hereinafter children); On March 6, 2009, this Honorable Court entered a Custody Order. See Exhibit A-1; Attorney Mary Lou Matas served as a Parent Coordinator in this case until recently when her appointment expired. Custody is not the subject of this petition, but in order to fully inform the Court of issues which have already been presented before This Honorable Court, this paragraph has been included. 4. Respondent is unemployed. His employment with Carlisle Syntec ended upon mutual agreement of himself and his employer. See Exhibit A-2. 5. Respondent has lived in the marital home since he and mother have separated. EXHIBIT A 6. Respondent is unable to pay the mortgage on the marital home. The monthly mortgage payment is $1,167.88. 7. Petitioner lives in Mt. Holly Springs an apartment she rents from her parents. 8. Petitioner has paid both the mortgage on the marital home, while Respondent lived in the marital home, plus her own rent as long as she could. 9. Petitioner is no longer able to pay both her own rent and the mortgage payment on the marital home. 10. Petitioner believes and therefore avers that Respondent has not made a genuine effort to seek employment; Petitioner believes and therefore avers that Respondent is content to live in the marital home for free while Petitioner pays the mortgage. 11. At a recent Domestic Relations hearing, wherein Respondent's request for a reduction in Child Support payments was denied, Respondent showed the Domestic Relations conference officer no evidence of having applied for work in the previous weeks. 12. Respondent reported that he was unaware of any work available to him, and that he works with Career Link to locate work. 13. Petitioner located multiple listings of employment opportunities on Career Link's internet site on the same day as the Domestic Relations conference. See Exhibit B. 14. The Domestic Relations Order requires Respondent to show to the Domestic Relations Office, once per week, the ten applications for employment he has completed. 15. Petitioner wishes to return to the marital home with her children and live in the marital home; f irther,Petitioner wishes for Respondent to remove himself from the marital home or to have this Honorable Court remove him by Order of Court. 16. Petitioner is able to pay the mortgage payment and the other payments which accompany home ownership. 17. Petitioner served Discovery requests on Respondent on August 6, 2010 in an effort to move the divorce forward; at the time of the filing of this petition, Respondent has not responded with any of the material requested through discovery. 18. Petitioner believes and therefore avers that Respondent is content to not cooperate in any meaningful way that will hasten the end of the divorce proceedings or require him to vacate the marital home. 19. Petitioner has provided to Respondent's counsel information regarding her finances, such that moving the divorce case forward toward a divorce master's conference is possible, in as much as Respondent's counsel will have ample financial information to do so. 20. Petitioner is unable to proceed to a divorce master's conference without Respondent addressing her discovery requests. WHEREFORE, Petitioner respectfully requests this Court enter an Order 1. removing Respondent from marital home, and 2. requiring Respondent to answer outstanding discovery requests within thirty (30) days of the date of this Order, and 3. attorneys fees in the amount of one thousand ($1,000.00) to Mateya Law Firm for the preparation and filing of this petition for special relief, and 4. such other relief as This Honorable Court deems appropriate. Respectfiilly submitted, ,v Mark A. Mateya, Es4wik Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Counsel for Angela Clay Hate: f ? ( 0 VERIFICATION I, Angela T. Clay, verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: l it ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . STEVEN D. CLAY, CIVIL ACTION - LAW Defendant NO. 08-4548 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20th day of January, 2011, after hearing the positions of the parties, it is hereby ordered and directed as follows: 1. Defendant, Steven D. Clay, shall vacate the marital residence within 30 days of today's date. Thereafter Plaintiff, Angela T. Clay, is granted exclusive possession of the marital residence. 2. Angela T. Clay shall timely pay all mortgage payments due on the marital residence. 3. The parties shall list the marital residence with an agreed-upon realtor at the sum of $189,900.00. If the parties cannot agree upon a realtor, the parties shall list it for a six month period with James Collins. 4. The parties shall accept an offer, a valid good faith offer with the normal contingencies of financing in the amount of $180,000.00 or more. 5. If the Defendant does not sign a bona fide offer within the parameters set forth above within 48 hours of being requested to do so, Plaintiff's attorney, Mark EXHIBIT 1 6- Mateya, Esquire, is authorized to sign on his behalf. 6. Defendant shall vacate the premises leaving it in good condition and clean. `Mark A. Mateya, Esquire For the Plaintiff 'a ? Steven D. Clay Pro se :lfh 0*165 "j0I'pd c*) C 4 0 ? rnw x Z? Z ?M r z N ? 8 .< o z = o y c - xn C PM ? w i Edward E. Guido, J. EXHIBIT 3&3 m EXHIBIT ?"?; ??: ° ? ` ? I s a EXHIBIT 0 .' wuz . eow f Lot PAS owt; % 04W.0 *qw 0 i ?. z 6 L 01A £i#Mtdm this to AMWLA ttAV A'I'96 w1' '! 40t N.A I NOW It BOILING SPRINGS PA 11007 ? F Y PA 171 9-3a UPS NEXT DAY AIR SAVER ?J j E HIBIT Mark Mateya Wed Mar 2, 2011 E-mil From: Angie Clay Date: Mon Feb 21, 11 - 2:07 AM - E-mail To: mark mateya; Steve Clay CC: Subject: Fw: Feedback from Sat. Showing Contact: Clay, Angela File: Clay, Divorce - 1019/001 ---- Forwarded Message ---- From: Jim Collins <jimjcollins@gmail.com> To: teachersdoitright@yahoo.com Sent: Sat, February 19, 2011 6:18:15 PM Subject: Feedback from Sat. Showing Comments/Recommendations: Clients liked location, neighborhood and floor plan, but the smoke smell is a big deterant. Clients would want house cleaned and carpets replaced. Liked the kitchen and backyard and school district. They will probably not make an offer - they found another house they like more. Thanks! The above is feedback from the showing agent. Thanks Jim Jim Collins, Broker/Owner REAL ESTATE EXCEL "EXceeding Your EXpectations" 1224 Holly Pike Carlisle PA 17013 office: 717-258-8934 office: 1-800-7048934 cell: 717-386-0226 www.JimCollinsRealEstateBroker.com www.Jim-JonCollins.com Information from ESET Smart Security, version of virus signature database 5892 (20110221) The message was checked by ESET Smart Security. hftp://www.eset.com EXHIBIT Page: 1 Mark Mateya Wed Mar 2, 2011 E-mail From: Mark Mateya Date: Mon Feb 7, 11 - 5:03 PM - E-mail TO. 'Angie Clay' CC: Imam@mateyalaw.com' Subject: Letter to Steve Contact: Clay, Angela File: Clay, Divorce - 1019/001 Angie, Here is the text of the letter going to Steve tomorrow, registered mail. February 7, 2011 Steven D. Clay 401 Raymond Avenue Boiling Springs, PA 17007 Re: Steven Clay v. Angela Clay Divorce Action No. 08-4548 Dear Mr. Clay, I am writing concerning the move-in day at 401 Raymond Avenue for Angela. Ms. Clay will be moving in, according to the court order, on Monday, February 21st, 2011. It is expected that you will have left the premises prior to that day. Please forward all keys that you have to my office on or before the opening of business at 9 AM on Monday, February 21st. I have tried to discuss this matter with you repeatedly without success. That is the reason for this formal letter. It is expected that the house will be in "broom swept," clean condition (to quote Judge Guido), and that all of the appliances will remain in the home. Please contact me if you have any questions. I may be reached at 717-241-6500 or by email at mam@mateyalaw.com. Thank you. Sincerely, :EXHIBIT Page: 1 Mark Mateya Wed Mar 2, 2011 Mark A. Mateya, Esq. MAM/aa cc: Angela Clay electronically only Mark A. Mateya, Esq. Mateya Law Firm <http://www.mateyalaw.com> www.mateyalaw.com IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that the federal tax advice (if any) contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transactions or matter addressed herein. Page: 2 THE INFORMATION CONTAINED IN THIS COMMUNICATION IS A TRANSMISSION FROM THE MATEYA LAW FIRM AND IS INFORMATION PROTECTED BY THE ATTORNEY/ CLIENT AND/OR ATTORNEYMORK PRODUCT PRIVILEGE. IT IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S) NAMED ABOVE, AND THE PRIVILEGES ARE NOT WAIVED BY VIRTUE OF THIS HAVING BEEN SENT BY ELECTRONIC MAIL. , MAR/04/2011/FRI 11:47 AM MONROE ELEMENTARY FAX No,717-258-8819 P.002 1-viv: ,MA, K HOME ROM 6?.re ffol ke e help you need; February 1, 2011 STEVEN CLAY and ANGELA CLAY 401 RAYMON AVENUE BOILING SPRINGS, 1'A 17007 Dear STEVEN CLAY and ANGELA CLAY, Loan No.: 02051141904 Property Address: 401 RAYMON AVENUE BOILING SPRINGS, PA 17007 As your mortgage servicer, we want to help you stay in your home. We want you to know there is a program available that may help you- If you qualify under the federal government's Home Affordable Modification program and comply with the terms of the Home Affordable Modification Program Trial Period Plan, we will modify your mortgage loan and you can avoid foreclosure. How can you find out if you qualify? Just follow the steps below and let us know that you need help, TODAY[ GATHERTHE INFO WE 'NEEDTQ HELPYOU Detailed instructions on what you need to do to take advantage of this program are set forth on the enclosed document entitled "Complete Your Checklist.' Generally, you will need to: Explain the financial hardship that makes it difficult for you to pay your mortgage loan using the Request for Modification and Affidavit (enclosed). Submit the required documentation of your income. Make timely monthly fiat period payments- If you meet the eligibility criteria, you will be offered a Trial Period Plan. The monthly trial period payments will be based on the income documentation that you provide- They will be an estimate of what your payment will be If we are able to modify your loan under the terns of the program. If you do not qualify for a loan modification, we will work with you to explore other options available to help you keep your home or ease your transition to a new home. Be sure you continue making your regular mortgage payments until you hear from us about your eligibility for this program. While we're reviewing your information, your home will not be referred to foreclosure or sold at a foreclosure sale. ® COMPLETE AND SUBMIT Please complete the enclosed forms and submit all the required income documentation by no later than February 16, 2011. Now is the time to act. We are ready to help you. Please take the steps outlined on the enclosed. document "Complete Your Checklist" If you have any questions, please contact us at 800-416-1472. Sincerely, Randy Bockenstedt Senior Vice President, Servicing Wells Fargo Home Mortgage Documentation EXHIBIT 1111111111111 N 15 1 4 0 11111111111111 lNlll?lI11111III MAR/.04/2011/FRI 11:48 AM MONROE ELEMENTARY FAX No.717-258-8819 P.003 This communication Is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you have received a discharge of this debt In bankruptcy or are currently in a bankruptcy case, this notice is not intended as an attempt to collect a debt and, this company has a security interest in the property and will only exercise its right as against the property. With respect to those loans in the state of Callfomla, the state Rosenthal Fair Debt Collection Practices Act and the Federal Fair Debt Collection Practices Act require that, except under unusual circumstances collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at worts if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to enter Into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor Is Office of the Comptroller of the Currency, Customer Assistance Group, 1301 McKinney Street, Suite 3450, Houston, TX 7701 D-9050. Documentation Request Letter Page 2 of 5 47403MU 02110 Rev, 12/10 11111111111 NNCI IIIII IIIII FIN INfI fnNil III MAR/.04/2011/FRI 11:48 AM MONROE ELEMENTARY FAX No,717-258-8819 P.004 To see if you qualify for this program, send the items listed below to Wells Fargo Home Mortgage, no later than February 16, 2011. Use the return envelope provided for your convenience. ? 1. The enclosed Request for Modification and Affidavit (RMA) completed and signed by all borrowers (no notary required), ? 2. A signed and dated copy of the IRS Form 4506T-EZ (Short Form Request for Individual of Tax Return Transcript) for each borrower (borrowers who flied their tax returns jointly may send In one IRS Form 4696T-EZ signed and dated by both of the joint filers), and ? 3. Documentation to verify all of the income of each borrower (including any alimony or child support that you choose to rely upon to qualify). This documentation should include, For each borrower who is a salaried employee: ? Copy of the most recent filed federal tax return with all schedules; and ? Copy of the two most recent pay stubs. For each borrower who is self-employed: ? Copy of the most recent filed federal tax return with all schedules, and ? Copy of the most recent quarterly or year-to-date profittloss statement. For each borrower who has income such as social security, disability or death benefits, pension, public assistance, or unemployment: ? Copy of most recent federal tax return with all schedules and W-2 or copies of two most recent bank statements; and ? Copy of benefits statement or letter from the provider that states the amount, frequency and duration of the benefit. Public assistance or unemployment benefits must continue for at least 9 months to be considered qualifying income under this program. For each borrower who is relying on alimony or child support as qualifying income: ? Copy of divorce decree, separation agreement or other written agreement or decree that states the amount of the alimony or child support and period of time over which it will be received. ? Proof of full, regular and timely payments; for example deposit slips, bank statements, court verification or filed federal tax return with all schedules. For each borrower who has rental income: ? Copies of most recent filed federal tax returns with all schedules, Including Schedule F- Suppiement Income and Loss. Rental Income for qualifying purposes will be 75% of the gross rent. If you have other types of income, cannot locate required documents, or have questions about the documentation required, please contact us at 800416-1472. You must send in all required income documentation, tax returns, completed Form 4506T-FS, and the signed Request for Modification and Affidavit by no later than February 16, 2011. If you cannot provide the documentation within the time frame provided, please contact us to request an extension of time to gather your documents. Kee a co of all documents for our records. Don't send original income documentation as co les are acceptable. bacumentation Request )-after Page 3 of 5 47403MU 02MO Rev. 12110 II 11111111 oil 1111111111111 NO 11111111 11 gill III 0 ?- 0 5 1 4 1 1 0 4 MAR/.04/2011/FRI 11:48 AM MONROE ELEMENTARY FAX No.717-258-8819 P.005 Please read this section carefully to understand what you can expect from this process. A. Once we receive all of your documentation and verify your information, we will determine whether you qualify for a Home Affordable Modification of your loan. If you do, we will send you a Home Affordable Modification Thai Period Plan Notice which will outline your next steps and obligations for the trial. B. Under the Trial Period Plan, you will be required to make trial period payments, Instead of your regular mortgage loan payments. The trial period payments should be close to the amount you would pay under a modification. Near the end of the trial period, we will be able to calculate the final amount and the final terms of your modified loan. Then we will send you two copies of the Home Affordable Modification Agreement for your signature. C. Please note that it may take up to 30 days for us to review your documents, after we receive all required documentation. We will process your request as quickly as possible. While we consider your request, any scheduled foreclosure sale will not occur pending our determination. However, if you fail to comply with the terms of the Trial Period Plan and do not make other arrangements with us, your loan will be enforced according to its original terms. This could include foreclosure. D. Please contact us at 800-4161472 if you have any questions about the process. We will contact you if you do not qualify for this program. If you do not qualify, we will want to discuss other alternatives with you that may help you keep your home or ease your transition to another home. Documentation Request Letter page 4 of 5 47403MU 02110 kev.12110 III III III IS IN III III 111111 0 2 0 5 1 4 1 1 0 4 , MAR/04/2011/FRI 11:48 AM MONROE ELEMENTARY FAX No,717-258-8819 P.006 NO FEES. There are no fees under the Home Affordable Modification program. TRIAL PERIOD PLAN/MODIFICATION PROCESS. Submitting all required documentation to be considered for the program is the first step. if you are eligible for the program, you will need to successfully complete a 'trial period" by making trial period payments. Once we are able to finalize your modified loan terms near the end of this trial period, we will send you a loan modification agreement ("Modification Agreement"), which will reflect the terms of your modified loan. In addition to successfully completing the trial period, you will need to sign and promptly return to us both copies of the Modification Agreement or your loan can not be modified. NEW PRINCIPAL BALANCE. Any past due amounts as of the end of the trial period, including unpaid interest, real estate taxes, Insurance premiums, and certain assessments paid on your behalf to a third party will be added to your mortgage loan balance (the "Past Due Arrearage Amount"). If you fulfill the terms of the trial period including, but not limited to, making the trial period payments, we will waive ALL unpaid late charges at the end of the trial period. ESTIMATED MONTHLY PAYMENT. At this time, we are not able to calculate precisely the Past Due Arrearage Amount or the amount of the modified loan payment that will be due after successful completion of the trial period. As we near the end of the trial period, we will calculate any past due amount to determine your new permanent monthly payment and other modified loan terms. ESCROW ACCOUNT. The terms of your Trial Payment Plan and your Modification Agreement will require the, servicer to set aside a portion of your new monthly payment in an escrow account for payment of your property taxes, Insurance premiums and other required fees. Your current loan may also require escrows. If it does not, the previous waiver of escrows is cancelled under your Trial Period Plan. The servicer will draw on this account to pay your real estate taxes and insurance premiums as they come due. Please note that your escrow payment amount will adjust if your taxes, insurance premiums and/or assessment amounts change, so the amount of your monthly payment that the servicer must place in escrow will also adjust as permitted by law. This means that your monthly payment may change- BORROWER INCENTIVE. If your monthly mortgage payment (principal, interest, property taxes, hazard Insurance, flood insurance, condominium association fees and homeowner's association fees, as applicable, but excluding mortgage insurance) Is reduced through the Home Affordable Modification Program by six percent or more and if you make your modified monthly mortgage payments on time, you will accrue a monthly benefit equal to the lesser of, (1) $83.33 or (11) one-half of the reduction in your monthly mortgage payment. As long as your mortgage loan does not become 90 days delinquent, we will apply your accrued monthly benefit to your mortgage loan and reduce your principal balance after each of the first through fifth anniversaries of the month in which the Trial Period Plan is executed. If your modified mortgage loan ever becomes 90 days delinquent, you will lose all accrued but unapplied principal reduction benefits and you will no longer be eligible to accrue additional principal reduction benefits even if the mortgage loan is later brought current. CREDIT COUNSELING. If you have very high levels of debt, you will be required to obtain credit counseling under the Home Affordable Modification Program. CREDIT REPORTING. Your credit score may be affected by accepting a trial period plan or modification. For more information about your credit score, go http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre24.shtm. Documentation Request Letter Page S of 5 47403MU 02110 Rev. 12l10 11 gill IIIIIIN VIII Iltll 111UNI inIIIII oil III MAR/04/2011/FRI 11:48 AM MONROE ELEMENTARY FAX No.717-258-8819 P.007 Making Home Affordable Program Request For Modification and Affidavit (RMA) I ran I n. Number 0205141104 Servicer AN00111? ,if Borrower's name Co-borrower's name STEVEN CLAY ANGELA CLAY Social Security number TDate of birth Social Security number Date of birth Home phone number. with area code Home phone number with area code Cell or work number with area code Cell or work number with area code want to: Lj Keep cne vropeny Li oe11 ule mupelty The property is MY. © Primary Residence Q Second Home ? Investment The property is: ? Owher Occu led ? Renter Occu led C1 Vacant Mailing address Property address (if same as mailing address, just write same) 5mail address h 401 RAYMON AVENUE BOILING SPRINGS, PA 17007 is this property listed for sale? Yes No Have you contacted a credit-couriseling agency for help? ? Yes ? I Have you received an offer on the property? ? Yes ? No if yes, please complete the following: Date of offer Amount of Offer $? Counselor's Name: Agent's Name: Agency Name: Apent's Phone Number. Counselor's Phone Number Who pays the real estate tax bill on your property? ? I do ? Lender does ? paid by condo or HOA Are the taxes current? ? Yes ? No Condominium or HOA Fees i? Yes El No $ Who pays the hazard insurance policy for your property'? ? I do ? Lender Does ? Paid by Condo or HOA Is the policy current? ? Yes ? No Name of Insurance Co. Have you filed for bankruptcy? Yes ? No M If yes: EJ Chapter 7 ? Chapter 13 Filing Date: Has our bankrupt9C been discharged? ? Yes No Bankruptcy case number Additional LienWo es or Judgments on this property:. Lien Holder's Name/Servicer Balance Contact Number Loan Number under the Making Home Affordable program. because of financial difficulties created b check all that a 1 : ? My household income has been reduced. For example unemployment, underemployment, reduced pay or hours, decline In business earnings, death, disability or divorce of a borrower or co-borrower. My expenses have increased. For example: monthly mortg, payment rose, high medr.al or health care costs, uninsured losses, increased utilities or property taxes. ? Other. on back of page 3 If necessary): ? My monthly debt payments are excessive and I am overextended wlth my creditors. Debt includes credit cards, home equity or other debt My cash reserves, including all liquid assets, are insufficient to maintain my current mortgage payment and cover basic living Rrquest for Modificatlon and Affidavit (R A) Page I of 3 001538MU 10/08 12ev. 01110 - • Illlllllllll•11(N111111111?I1i111111111111111111 0 2 0 5 1 4 1 1 0 4 MAR/04/2011/FRI 11:49 AM MONROE ELEMENTARY FAX No.717-258-8819 P.008 REQUEST FOR MODIFICATION AND AFFIDAVIT (RMA) page 2 COMPLETF ALL PAGES OF THIS FORM . ,.... .... Mo :f?op? r tl` r0 m ''_ ' :.. Nb1dv ,., Month V- K-5-0 id seslDeb d.. ?.iiI`;?'• 1?s •• Monthly Gross Wages $ First Mortgage Payment $ Checking Acoount(s) $ Overtime $ Second Mortgage Payment $ Checks Accounts $ Child Support/ rt / Alimony I separation' $ Insurance $ Savings / Money Market $ Social Secu /SSAI $ Property Taxes $ CDs $ Other monthly Income Credit Cards / Installment from pensions, annuities or $ Loan(s) (total minimum $ Stocks I Bonds $ retirement plans ment per month Tips, commissions, bonus $ Alimony, child support $ Other Cash on Hand $ and self-employed income payments Rents Received $ Net Rental Expenses $ Other Real Estate estlmated value $ Unemployment Income $ HOA/Condo Fees/Property Maintenance $ Other $ Food ftmps/Welfare $ Car Payments $ Other $ Do not include the value of life insurance Other (investment income, or retirement plans when calculating royalties, Interest, $ Other $ assets (401k, pension funds, annuities, dividends etc) IRA's, Kao h plans etc. Total Gross Income $ Total Debts/Ex enses $ Total Assets $ W.W. ONE 1111-1 -1 ??WAWNM Include combined Income and expenses from the bow and co-borrower (if an y). If you include incoma and expanses from a ho old member who is not a borrower, please specify using the back of this form if necessary. 2lrou are not required to disclose Child Support, Alimony or Separatlon Maintenance Income, unless you choose to have it considarad by your servicer. The following information is requested by the federal government in order to monitor oompliance with federal statutes that prohibit discrimination in housing. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender or servicer may not discriminate either on the basis of this information, or on whether you choose to furnish it, If you furnish the information, please provide both ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnlclty, race, or sex, the lender or servicer is required to note the information on the basis of visual observation or surname if you have made this request for a loan modification in person. If you do not wish to furnish the Information, please check the box below. BORROWER 1 do not wish to furnish this information CO-BORROWER ? I do not wish to furnish this information Ethnicity: ? Hispanic or L dno Ethnicity, ? Hispanic or Latina ? Not Hispanic or Latino ? Not Hispanic or Latino Race: ? American Indian or Alaska Native Race: American Indian or Alaska Native ? Asian ? Asian ? Black or African American ? Black or African American ? Native Hawaiian or Other Pacific Islander ? Native Hawaiian or Other Pacific Islander ? White ? White Sax, ? Female Sex: ? Female ? Male ? Male .x 'a. a ?i ,/YFw wNw Mlw?••,• .,....c/w..• 5:: u•a ' •• N rAK??I'?a. rye rYM, ; „?ltipr?Y$d; by n6tiiitT";•-••• F°i M1•?ai /.TaiiLwL:?\. Name/Address of Interviewer's Employer This request was taken by. Interviewer's Name (print or type) & ID Number ? Face-to-face interview Interviewer's Signature Date ? Mail Q Telephone Interviewer's Phone Number (include area code) ? Internet Request for Modification and Afftdsvit (RMA) Page 2 of 3 00638MU 10108 Rev. 07110 II VIII VIII IIIt 11111111111111111111111111111.111. 0 2 0 5 1 4 1 1 0 4 MAR/04/2011/FRI 11:49 AM MONROE ELEMENTARY FAX No.717-258-8819 P.009 REQUEST FOR MODIFICATION AND AFFIDAVIT (RMA) page 3 COMPLETE ALL PAGES OF THIS FORM ACKNOWLEDGEMENT AND AGREEMENT In making this request for consideration under the Making Home Affordable Program, i certify under penalty of perjury.' 1. That all of the information in this document is truthful and the event(s) identified on page 1 is/are the reason that I need to request a modification of the terms of my mortgage loan, short sale or deed4n-lieu of foreclosure. 2. 1 understand that the Servicer, the U.S. Department of the Treasury, or their agents may Investigate the accuracy of my statements and may require me to provide supporting documentation. I also understand that knowingly submitting false information may violate Federal law. 3. 1 understand the Servitor will pull a current credit report on all borrowers obligated on the Note. 4. 1 understand that If I have Intentionally defaulted on my existing mortgage, engaged in fraud or misrepresented any fact(s) in connection with this document, the Servicer may cancel any Agreement under Making Home Affordable and may pursue foreclosure on my home. 5. That: my property is owner-occupied; i intend to reside in this property for the next twelve months; I have not received a condemnation notice; and there has been no change in the ownership of the Property since I signed the documents for the mortgage that I want to modify. 6. 1 am willing to provide all requested documents and to respond to all Servicer questions in a timely manner. 7. 1 understand that the Servicer will use the information in this document to evaluate my eligibility for a loan modification or short sale or deed-in-lieu of foreclosure, but the Servicer is not obligated to offer me assistance based solely on the statements in this document. 8. 1 am willing to commit to credit counseling if it is determined that my financial hardship is related to excessive debt- 9. 1 understand that Servioer will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. I understand and consent to the disclosure of my personal information and the terms of any Making Home Affordable Agreement by Servicer to (a) the U.S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Homeowner Affordability and Stability Plan; (c) any investor, insurer, guarantor or servioer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services in conjunction with Making Home Affordable; and (s) any HUD certified housing counselor. Borrower Signature Co-Borrower Signature Date Date if you have questions about this document or the modfcadon process, please call your servicer if you have questions about the program that your servicer cannot answer or need further counseling, you can tali the Homeowner's HOPETm Hotline at 1-888-995-HOPE (4673). The Hotline can help with questions about the program and offers free HUD-certified counseling services in English and Spanish. Be advised that by signing this document you understand that any documents and Information you submit to your servicer in connection with the Mek Home Affordable Program are under penalty of perjury. Any misstatement of material fact made In the completion of these documents including but limited to misstatement regarding your occupancy in your home, hardship circumstances, andlor Income, expenses, or assets will subject you potential criminal investigation and prosecution for the following crimes; perjury, false statemerds, mall fraud, and wire fraud. The information eontair in these documents is subject to exeminet10n and verification. Any potential misrepreaentation will be referred to the appropriate law enforcement authority for investigation and prosecution. By signing this document you catfrk represent and agree that 'Under penalty of parjury, all documents and information i have provided to Lender in connection with the Making Home Affordable Program, including the documents and information regarding my eligibility for the program, are true and correct." If you are aware of fraud, waste, abuse, mismanagement or misrepresentations afhliaked -Hh the Troubled Asset Relief Program, please contact the SIGTARP Hotline by tatting 1-877-SIG-2009 (toll-free), 202-622-4559 (fax), or www.r.igtorp.gov. Mail can be sent to Hotline Office of the Special Inspector General for Troubled Asset Relief Program, 1801 L St. NW, Washington, DC 20220. Request for Modification and Affidavit (RMA) Page 3 of 3 00638MU 1OM9 Rev. 07/10 11111111111111 IN IN 111111Nf .lull 11111111 0 2 0 5 1 4 1 1 0 4 . MAR/04/2011/FRI 11;49 AM MONROE ELEMENTARY FAX No.717-258-8819 P. 010 I. 4506T EZ Short Form Request for Individual of Facet; Return Transcript (January2010) OMB No. 1545-,2154 0"artaxat of due Tmasvey ? Request may not be processed if the form 1s lacomplete or illegible. ]akxaal due Service TIP: Use Form 4506T-EZ to order a 1040 series tax return tranacrpt 5+90 of charge. 1$ Name shown on tax rotuM If a joint return, enter the name 91;owo first 1b First nodal security number on tax MUM ZA If a joint return, eater spouse's name shown on tax return 2b Second social security number if Joint tax return 3 corrupt name, address (inc)vdivg apt., room, ar suite no.), city, state, and ZIP code 4 Previous address shown on the last return filed if d{iiererd from line I 5 If the transcript or tar iafonrtatlon is to be mailed to a third patty (such as a mortgage company), enter the thud party's name, address. arid, toleph(me nut", JU Ma has no control over what the third party does wi91 the tax information. Tkkd party acme Telephone ntmbor petesabbag RataVidon Resources, I.I,C 0000300M 1515-980-01177 Address (mclnditrg apt., room, or suite no), city, state and ZIP code 84 IL School St Carlisle, U 50047 6 Year(s) requested. Enter the year(s) of the return mmacript you ate reg1t0 fwS (for example, "2008'). Most requests will be processed within 10 business days. 2009 Caution. If the transcript is being rnailed to a tbird party, ensure that you have filled to. line 6 before signing. Sign and date the form once you. have filled in line 6. ComQlotwo tbsse steps helps to POW your privacy_ Dote. Ifthe IRS is wwble to locate a rmm that mdwekes the taxpayer identity b f wv0orr provided above, or iflRSrewrds Ind(cate that the return has not beenfiled die IRS nW notify you or the drvdpa?iy Am It was unable to locate a rah", or that a renmr was trotfiled, whichrw Is applicable. SignSture of tupayer(s). I dec)are that I em tbo taxpayer wboae name is showtl on oi0ratr lire la or 2a. If the request applies to a joi xkt return, either husband ur with must sign, Note. For amwilpk beingserrt to a third parry, thasform must be receNed within 120 days ofsignawre date Telephone number of taxpayer on lime 18 or 2a ( ) Here , Slsnatm* (we instructiew) Pate )h ' spouse's SAPztura Date For Privacy Act and Paperwork Reduction Act Nodes, see page 2 Cat No, 54185S Form 4506'1 EZ (Rev. 01-2010) Sbort Form Request for Individual of Tax Return Transcript Page 1 of 2 14947MU 11/09 Rev. 01/08 11 IN 1111111111111111111111111111N1111111111 oil X1111111 0 2 0 5 1 4 1 1 0 4 MAR/04/2011/FRI 11;49 AM MONROE ELEMENTARY FAX No.717-258-8819 P. Oil Form 4506T yz (Rev. 01-2010) Purpose of form Imdrviduals cam use Form 45061=RZ to request a 6u return CrattsMpt tbat includes most lines of the original tot retam. The tax toot lo transcript will not dhow payments, penalty asseuvie pts, or adjustments toads to the originally sled rennin. You can also designate a third Patty (tueb as a mortgage company) to receive a traourhdpt out lime 5. Form 4506T &Z cannot be used by taxpayers who file Farm 1040 based on a fiscal tax year (that is, a tax yew beginning in one calendar Yew and ending in the following year). Tapayers using a fiscal tax year must file Form 4506-T; Request for Transcript of Tax Return, to request a tetum mmocript. Use Foram 4506-To to request the following. a A transcript of a business remm Onchrdirg estate and trust returns) a An account transcript (contains information on the financial slahts ofSts acorn; such as payments made an the account; penalty assessments, and adjustmets made by you or the W after the return was filed), e A Twcud of account, wMcb is a cambinatim of litre item information and Inter adjustments to the account. a A verification of ri mfiling, which is proof ftom the IRS that you did not file a return for the YM- A Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series trausctipt. Form 4506-T can also be sued for requesting tax rauum 4snscripts. Automated transcript request. You caneall I- 800.829-1040 to order a tax return transcript through the automated self-help system you cannot hays a ttanectipt sent to a third party through the automated system. Where to file. Mail or fax Form 4506T-EZ to the address below fot the at- you lived in when than return was filed. If you are requesting more than one transcript or other product and the chart below ahmvs two diflKrent RAWS teams, seed your request to the team based on the address of your moot m ont rot= If you filed an Mall or fax to the Individual return "Interval Ravenna and lived in: Service" At: Al b D l awsrv, a ama, e Florida, Clwgo*, RAWS Team P.O. 13ox 47-421 North Carolina, "91 Rhode bland, pomvjlle, GA 30362 South Carolina, ' 770-455-2335 uia y Kentucky, LOWS 4114. " Wwissipp4 Tom mom 6716AUSC T-10, a foreign. TX 73301 Austin country, or A.P.O. or , 512-460-2272 F.pO, address Alaska,Atizona, California, Colorado, District of Columbia, Hawap, Idaho, Iowa, 1C Mm e, noea41 Mazyland, RAWS Team Ma Stop 37106 Mtnneso'kMontana- Fn: w CA93888 New Hampshire, New 559-456-5876 Mwcico, New York, North Dakota, OUshorm, Oropm South Dakota, Utah, Vauiont, V&sbington, WO-VdI W omin A, y g Arkansas, Connecticut, FAWS Team Illinois, Indian.' Stop 6705-B41 Michigan, Missouri, Itaoas City MO New Jersey, , 64999 Ohio' Pennsylvania, i 816-292-6102 West V rginia Signature and dam Form 4506T-EZ must be signed and dated by the taxpayer listed on line 1 a or 2a. If you casnploted lice 5 requesting the information be. sent to a third patty, the IRS mast receive Form 4506T BZ within 120 days o£ the date signed by the tapoor or it will be rejected. TYams=*g of jointly filed tax returns may be fuAniahed to either spouse. Only one signature Ja required. Sign Form 4506T-&Z w=iy as your name appeared on the original return. If you changed yore frame, also sign your c11imt name. Prrvaoy Aet and Paperwork Radactiau Act Nodco. We ask for the infcrmstion on this form to establish your right to gain access to the requested tax mfowistion under the Internal Revecue Code. We wed this information to properly ident* the tax information end respond to your request. Sectioms 6103 and 6109 require you to provide this hYfotmatim inchrdiog your SSN. If you do not provide this infowmadort, we may not be able to process your tequaac Providing false or fraudulent mformadw may ouojeat you to penalties. Routine uses of this information include SIVMg it to the Department of Justice fbr civil and criminal litigatio p, and cities, states, and the District of Columbia for use in administering thou tax laws. Vk may also disclose this information to other oouvtdes under a tax troat% to federal and state agencies n enforce federal nontax crinpittal laws, or to federal taw enforcement and intalli8evee agencies to combat terrorism. You are not requited to provide the information requested on a form that is subject to the Paperwork Reduction Act uWass the fotmr displays a valid OMB control number. 13oolw or records relating to a form or its inst uctioms must be retained as tong as their contents may become material in the administration of any Internal Ravemue law Generally, tax estrus and raturn information ere confidential, as required by section 6103. The time deeded to complete and Me Form 4506T bZ will vary depending an bidividnal circumstances. The estimated average time is: Learning about the law or the form, 9 min,; Preparing the form, 18 mta.; smd Copying, asaembling, and sending the form to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Farm 4506'r EZ simpler, we would be happy to hear Oom you. You can write to the Imtemal Revenue Service, Tax Products Coordinatiog Committee, SE:W:CARMP:T:T:SP, 1111 ConstitutionAve. NW, IR-6526, Wasbb igtM AC 20224. Do not send the form to this address. Instead, see Where to file on this page- Short Form Request for Individual of Tax Return Tkan:czJpt Page 2 of 2 14641W 11109 Rev. 0x/08 •II IIIN IIIII IIIII IIIII IIIII I1I 111 ICI IIIII 1I 0 2 0 5 1 4 1 1 0 4 MAR/04/2011/FRI 11:50 AM MONROE ELEMENTARY FAX No.717-258-8819 P. 012 Fora, 4506T EZ Short Form Request for Individual of 'Fax Return TYanscript gaduary 2010) 01,13 No. 1545-2154 DeQeterawt of the Treasury ? Request may not be processed if the form is incomplete or rfikeble. latK1W Rename Service TM. Use Form 4506T-1Z to order a ]040 series tax retain ftnscdpt flee of charge. in Name shown an tax re mn. if a joint return, e8tar the Dance shown fast. 1b First social security number on tax return 2a if a joint return, enter spouse's Dame dw- on tax ream 27) Secoad social security number If joint tax return 3 Current earns, address (including apt, room, or suite no.? city, state, and ZIP code 4 Previous address shown on the last return filled if different from line 3 5 If the transcript or tart information is to be mailed to a third party (such as a mortgage companyN enter the tlai¢d party's name, address, and telephone number. The IRS has no control over what the third party does with the tax information. Third party name Telephone number petesabbeg DataVhdon Resoareey LLC 0000300501 515-9890877 Address (tnaludiag apt, room, or suite no.), city, stets and ZIP code 94 S Scheel St. CarUsle, IA, 50047 6 Year(s) requested. Enter the year(s) of the return transcript you are requee ft (for example, "2008"). Most requests will be processed within 10 business days. 2009 1 I / I / I Cauttoo. If the transcript is being mailed to a third party, enswe that you have filled in line 6 before signing. Sign and date the farm once you have filled in line 6. Completing these steps helps to protect your privacy. Note PrdeIRS is unable to locate a return that matcher the taxpayer idetrttty tttfornwtian provided abm% or ifMrecords bidtcate that the reuse has not been f ig the IRS may notify you or the thbd parry that it was unable to locate a return, or that a return was not filed whichever is eWlcable- S1g11nfjOlre of tsaxpayer(e). I declare that I am the taxpayer whose name is shown on either One la or 2a. If the request applies to a joint returm, either husband or wife must sign. Note. For trd =*Is being sent to a thirdparty, this,fonn mutt be received within 120 days gfs4pature date. Telephone number of taxpayer on line la or 2a Sign ' ( ) Here slgm?ture (xa ??? Date spPme'sAgnatars Date For Privacy ,Act and Paperwork Redaction Act Notice, see page 2 Cat No. 54185S Form 4506T'-IFZ (lieu. 01-2010) Sbort Form Request for bcTJvldgal ofTYz Return Transcript Page X of 2 14647MO IV09 A OU08 11111Il111 N0 5 1 4 1 0 il 111111111111111111 IN 111111!1 MAR/04/2011/FRI 11:50 AM MONROE ELEMENTARY FAX No.717-258-8819 P. 013 Forna 4506 RZ atev. 01-2010) Purpose of form. iseir can use Form 4506T-EZ to request a tax r to rn transcript that includes mod lives of the original tax return. The tax retrru traoaeipt will not slow payrowts, penalty assessments, or adjustments made to the originally fiiled remrn. You can also designate a third party (such u a mort?sge company) to receive a transcript on line 5. Form 4506T-EZ e mrrot be used by uvgwyo rs who file Form 1040 based on a fiscal tax yaw (tbat is, a tax yea beginning in one calendar year and ending in the following year). Taxpayers ufditlg a frees] tax yea must file Form 4506-T, Request for TPmxdpt of Tax Return, to request a rMI D trmar Gdpt Use Form 4506-T, to request the following. • A transcript of a business ratumax (including estate and trust rut ins) • An account transcript (contains information on the financial status of the account. such: as payments made ec the account, ponalty assessments, and adjustments made by you or the IRS after the return was filed). A record of account, which is a combination of Rue inept information and later 4usttnents m the accounts. a A verification of nonfiling, which, is proof from the IRS that you did not file a return for the year- s A ]Form W 2, Form 1099 series, Form )098 series, or Form 5498 series transcript. Form 4506-T can also be sued for requesting tart return tranowpts. Automated traNCrJpt xequst You can call I- 900-879-1040 to order a tax return tranaaipt through the automated self-help syste- you cannot have a transcript sent m a third party tbrmagh the automated system. W hero to file. Mail or foot Fora 4506T FZ to the address below for the state you lived io when that return was Sled If you are requesting more than one transcript or other product amd the chart below shows two diflferent RAIVS teems, dead your request to tare tear, based on the address of your most resent return. If you filed an Mail or fax to the Irsdlvldual return "Internal Revenue and Ifved lot service" at: Alabama, Delaware, RAIVS Team Florida, Georgia, P.O. Box 47.421 No? la ed R d Stop 91 G r , o Doraville, GA 30362 e 770 455-2335 K-tmdty, Louisiana, Wasnssi n Tennessee RAWS Team pp , Tmas a foreign ' Stop 6716 AUSC , coumtty orA_P.O. or Austin, TJC ?3301 , F.EO. address 512.460.2272 Alaska, Arizona, California, Colorado, District of Columbia, Hawaii, Idaho, Iowa, Kansas, Maine, Maryl? RAWS lbom ? Stop 37106 My mn-ta, Montana, moo' ?' 93$88 New Hampd*r, New 55Q?56 5876 Mexico, New York, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Vermov% Washington, wads. wyomwit Arkansas, Cenmectt°t' Indnana Illiaors RAWS Team. , , bgsso4 Michigan Stop 6705-B41 , Now Jerssey Kansas City, MO Wo' Pennsyivaui4 64999 816-292-6102 West Vuffiyia Signature and date. Foam 4506T EZ must be signed end dated by the taxpayer listed oar line la or 2a. If you completed line 5 requesting the infomntion, be crept to a third party, the IRS must receive Form 4506T-EZ within 120 days of the date signed by the taxpayer or it will be rejected Transcripts of jointly fated tax returns may be fltmished to either oponee. Only one signature is required. Sign Form 4506T-EZ exactly as your nerve appeared on the otriSkW return. If you changed your name, also sign your current name. Prlvaey Act and Paperwork YtednC&on ACE Noffm We ask for the information on this form to establish your right to gain access to the requested tax fiEb u tlon under the internal Revenue Code. We need this informa6otl to properly identify the tax information and respond to your request Sections 6103 and 6109 require you to provide this information, including your SSN. If you do trot provide this information, we may not be able to pruom your request Providing false or fraudulent kftmetion may subject you to penalties. Routine uses of this information, include giving it to the Department of Justice fox civil and criminal litigation, and cities, stores, and the I)isriet of Columbia for use in administering their tax laws. We may also disclose this informaton to other countries under a tax treaty, to federal and a= agencies to emfmrr a fLderal sonnor criminal laws, or to federal law enforcement and intelligence agencies to a mbar terrorism. You are trot required to provide the information requested on a farm that is subject to the Paperwork Roduction Actt unless the form displays a valid OMB control number. Hooks oT retards relating to a form or its instructions mast be retained as long as thatr contents may become material in the administration of arty katemal Revenue law. Crenenlly, tax renters and retum information roe confidential, as required by section 4103. The time needed to complete and file Form 4506T EZ will vary depending on individual circumstap ees. The eadroated average time is: LzamApg about th.e law or the form, 9 min.; Prepadag the forum, l8 min.; and Copying, m mbling, and sending the form to the IRS, 20 min If you have comments coworiaag the accuracy of these time estlmetas or auggeedom for mating Form 4506E EZ simpler' we would be happy to hear from yon. You can wtite to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:TT:SP, I I I I Cousli tution Am NW, IR-6526, wa"11ton, DC 20224. Do not send the form to this addtm. Instead, see )there zoo file on this page. Short Form Request fir bdlvldCW of'1= Return Tramript Page 2 of 2 14647MU 11109 Rev 01/08 II II#[ 11111 NIN III#I IIIII?gil IIHI INII 111111 III . MAR/04/2011/FRI 11:50 AM MONROE ELEMENTARY FAX No,717-258-8819 P.014 IMPORTANT INFORMATION ABOUT YOUR TRIAL PERIOD PLAN important 15scrow Information: If you are approved for and accept a trial payment plan under the Home Affordable Modification Program, you will be required to maintain or establish an escrow account to pay your future property taxes, and insurance premiums which will remain on your account for the life of the loan. Until then, please continue to pay any tax or insurance bills you have previously been responsible for paying. If delinquent property taxes or insurance premiums are discovered during our review of your flnancial situation, we will make those payments including all interest and penalties. We will than establish an escrow account or adjust your existing account for payment of past due and future amounts. • Any insurance and/or tax item that is paid through homeowner's association dues will remain non- escrowed. Important Payment Information: • If your payments are being electronically withdrawn, whether by us or any other provider, it is your responsibility to have withdrawals stopped if and when it is appropriate, but this would most likely be when you move from your current payment to a trial period payment. • If you need Wells Fargo to cancel your withdrawals, please call us at 1-86&386.8519 (Monday-Friday 6 a.m. to 10 pm CST and Saturday 8 a.m. to 2 p.m.) at least 5 business days prior to the date you wish to have the withdrawals stopped. If you would like to use our Wells Fargo Easy Pay process to make your trial period payments by phone, please contact us at 1-866-412-6942. Note: You will receive a form to restart automatic, oh-going electronic withdrawals when your loan is formally modified at the end of your trial period. Important Information About Your Trial Period Plan Page 1 of t 94386MU10 17109 Rev. 04110 11 IN 111111111111 lilt IN III IN IIIIIIIIII III 0 2 0 5 1 4 1 1 0 4 MAR/04/2011/FRI 11:50 AM MONROE ELEMENTARY FAX No.717-258-8819 P.015 Home Affordable Modification Plan Cover Sheet Please include this cover sheet with all documentation you return to Wells Fargo Home Mortgage Loan No.: 0205141104 STEVEN CLAY and ANGELA CLAY Documents Included: Please Indicate F1 Paystub ? W2 ? 4606T / EZ ? Request for Modification and Affidavit (RMA) [] Tax Return Other (Please Describe) Documents should be retumed to: Fax to: 866-3597363 OR Mail to: MAC X9999-01 N 2701 Walls Fargo Way Minneapolis, MN 55467-8000 Home Affordable Modification Plan - Cover Sheet page 1 of 1 79331MU 11/09 aav 12110 11 1112111111111111111111111 InIIIII dill III MAR/04/2011/FRi 11:50 AM MONROE ELEMENTARY FAX No.717-258-8819 P.016 Loan No.: 0205141104 Your loan modification starter kit n=* you for speaking with us about modifying your mortgage under the govemment's Horne Affordable Modzfiwdon program. The materials enclosed in this kit are what you'll need to get started. What you need to know about the progi<- m In our recent conversation, we explained that there are certain requirements you must meet and successfully complete in order to be eligible for a modification under the federal government's Home Affordable Modification Program. Along the way please be aware that timing is critical, so pay careful attention to all requirements and due dates. An overview To start the process, we must receive and review specific documentation from you so we can determine if you may be eligible for a trial period plan. You'll be assigned a home preservation specialist who will be your dedicated point of contact to help you through every step of the loan modification process. if you are eligible, you them need to successfully complete the trial period plan by making all trial payments on the dates they've due and meeting all other requirements. If you do that, you move to the second step, which is final loan modification. You'll receive a package with your loan modification agreement and instmctiow clearly outlining how to complete your modification. When completed, your final loan modification adjusts the tmm of your mortgage, making your mortgage payments more manageable. Los doeumentos incluidos an esta eorrespondeacia son con referencia al peviodo de pagos de modiiicacibn provisional bajo el plan de gobierno llamado Programa de Modification para Hviendas Asequibles. ?or favor tenga on cuenta que to& comunicacion y doctune+tos legales seria pvoveidas an Ingles. Se recomendaria que obtanga ayuda de alguna amistad, pariente o consejero de organizacidn no lucrative para qua le asistan a leer los documentos si es necesario. There are no fees. Be sure you avoid anyone who asks for a fee for credit counseling or a loan modification, or asks you to sign over the deed to your home, or to make your mortgage payments to anyone other than Wells F" Home Mortgage. Starter Mt der page I of 4 00419KU 63/14 Rev. 12/10 11I1111111It 111111N1i 110 fin, S IS I 0 2 0 5 1 4 1 1 0 4 MAR/04/2011/FRI 11:50 AM MONROE ELEMENTARY FAX No.717-258-8819 P,017 Important points to understand • Due to certain requirements, a loan modification may impact your credit score, escrow account and automatic payments. Your credit score -- By accepting a trial period plan or loan modification, your credit score will be affected. Any time you agree to, or make payments that are less than your monthly mortgage payment amount due, you risk an impact to your credit We are required by the Fair Credit Reporting Act (FORA) to accurately report the status of your loan to the Credit Bareaus. For more information about your credit score, go to http://www.Ar.gov/bep/edu/pubs/consumer/credWcre24.shtm. An escrow account - If you are approved for and accept a trial payment plan under this program, you'll be required to maintain or establish an escrow account fox the life of your loan. Through this account, we will pay your real estate taxes and insurance premiums on your behalf. o If you have been responsible for paying your tan: and insurance bills, please continue to do so until an escrow account is established. Generally, this will occur when we receive any of the documents requested in this package. o If delinquent property taxes or insurance premiums are discovered during our review of your financial situation, we will make those payments including all interest and penalties. We will then establish an escrow account or ad f ist your existing account for payment of past-due and future amounts, o Automatic payments - If your regular mortgage payments are currently being automatically withdrawn by Wells Fargo or any other provider, please be aware that it is your responsibility to stop those withdrawals before any trial period payments would be made. For further details on an escrow account, payments and more, refer to the Important Information About Your Trial Period Plan section of this package. If you are not eligible for the Home Affordable Modification Program- o We will contact you to discuss other options that may be available to you. o You are still responsible for any mortgage payments that were not made. About this starter idt Enclosed in this kit, you'll fiord the instructions you need to follow and specific documents you need to complete and return so we can determine if you may be eligible for the program- Please pay special attention to Complete Your Cheekho on page three of the letter that outlines the required forms we must receive from you by the due date noted. This kit includes: • Letter outlining programs details • Request for Modification, and Affidavit (RMA), which includes your "hardship aff'idavit" • IRS Form 4506T-EZ • Cover sheet for mailing or 1wdug in your completed documents What you heed to send us by the due date It is important for you to send us the following documents in the enclosed overnight envelope so we'll receive than by the due date noted in your letter. Cover sheet Place the enclosed cover sheet on top of all the documentation you return to us, whether you send it in by mail or fax. Request for Modification and Affidavit (RMA), which includes your "hardship affidavit" All borrowers must complete, sign and return this four-page document (no notary required) providing information about your property, income and expenses, and why it's difficult for you to make your current mortgage payments. • IRS Form 4506T -)&Z Short Form Request for individual of Tax Return Transcript To help us obtain information from your previous IRS tax returns, each borrower who filed an individual tax return must complete, sign and return a separate 4506T f?Z foruz. Borrowers who fried a joint tax return may complete and return one 4506T--BZ signed by both borrowers and returned. Starter )Cjt Flyer Page 2 44 00419KU 031io A". 12110 11 1111111111 oil II IVIII InIN IIIII Rill III MAR/04/2011/FRI 11:51 AM MONROE ELEMENTARY FAX No.717-258-8819 P.018 • Documentation to verify all iRcome of each borrower, including most receAt federal tax returns Review the Complette Your Checklist on page three of the letter for specific details on the income documentation you need to gather and sexed us. Important xRotes • in order to help you, we need to hear from you. If we do not receive the required documentation by the due date, the terms of your existing mortgage would apply, including potential foreclosure. Continue malting your regular mortgage payments until you notify you about whether you're eligible for the trial period plan. What happens after we receive your documentation After we receive all the documentation requested, we'll review and verify your information to determine if you're eligible for the Horne A„ f `otdable Modification Program. During the review process, we may need additional information ft m you before we can determine your eligibility for the program. If that's the case, your horse preservation specialist will be in touch, with you to explain the additional requirements. If you have any elution or comems along the way, feel free to call your specialist for assistance. Within. 30 days of receiving all documentation required to complete our review, your home preservation specialist will notify you of our decision. If you are eligible We'll contact you and send you a separate package for the trial period plan. If you successfully complete the trial period plan, you'll be ready for a final loan modification. Trial period plan Your package will include your trial period plan notice and a payment schedule. To sueoessfully complete the trial period, timing is critical and you roust: • Make a minimum of three trial period payments in the amounts noted and by the specific due dates. • Understand that this is a one-time opportunity. If you do not matte the trial payments on time, the loan modifications process could and and the terms of your ex istiug mortgage would apply, including potential foreclosure. Final loan modification if you successfully complete the trial period by making all on-time trial period payments and meeting all other requirements, you'll move to step two of the process, the final loan modification. At that time, you'll receive a separate package clearly outlining this process and what you'll need to do to complete your modification. If you are not eligible If you are not eligible for this program, your home preservation specialist will be in touch with you to discuss other options that may be available to help you. Please understand that if you are not approved for another loan modification program, you are still responsible for any mortgage payments that were not made during your review process. We're here to help you through the process You can count on us to work with you through every step of the process. Due to the program's critical timing and regtu=ents, we must receive documentation from you by the due date noted in your enclosed letter. Call us with any questions about the program, documentation, requirements or information included in this kit. We're ready to help you - simply call 800416-1472. We are requited by the Fair Debt Colbotion Practices Act W Worm you that if yaw loan is cwtnntly delinquent or in default, as your loan servicer, we will be avemp ft to collect a debt, and any inf oration Obtained will be used for that purpose. However if you bave received a discharge, and the loan was not r Enjed, ire the bapkruptcy can, we will only WAInjse our right as against the Property and are not attemptin any act to collect the discbatge debt from you Ply With respect to %m loam located in the 5tw o of Califiotnia, the state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual eirowmances, collectors may not contact you before 8 a.m. or aft 9 p.m. Tb,ey may not harem you by using threats of violance or arrest or by using obscene language, CoUactora pay not use false or misleading statements or Call you at work if they )mow or Stator Kit Flyer Page 3 of 4 00429MU 03/10 Rev. 12110 II NI{II 1{111 N{i(INII illll III Nut Ii?l VIII III 0 2 0 5 1 4 1 1 0 4 . MARAV2011/FR1 11:51 AM MONROE ELEMENTARY FAX No. 717-258-8819 P.019 have mum to ]crow that you may not rxcive personal Calls at work. For the most pat, collectors may not ton moacr person, other than your ettowy of spouse, about youf debt. Collectors may contact ano&wparson to cortr m your location or enforce a judgmeW. For mac information about debt collection activities, you may contact the Fedwal Trade Commission at 1-M-F IC-1413? or vvyfte.90v. The federal Equal Cfedit Opportunity Act prohibits wxhtofa from discriminating against mdit applicants on the basis of race, color, feligiov. national origin, sect or marital states, or age (provided the appbeartt hue the capacity to enter into a bnW ttg om rset); beci mse all or part of the applicanee income derives *om any public assistance program; or because the applicant has in good faith exercised smy right uodex the Consumer Credit Protoctim Act The federal agattcy that administers compliance with this law concerning this creditor is Office of the Comptroller of the Currency, Customer Assistance Group, 1301 McKinney Street, Suite 3450, Houston, TX 77010-9050• Wills Fvp Rome Mortpv is a division of Wells Fargo Batkk, N.A. 02010 Wells Fargo Bank, N.A, All tights reserved. Starter Kit Flyer Page 4 of 4 00419MU 03710 Rev. 12110 l l F11! 11191 U-1 1111 1111111 11C 111 0 2 0 5 1 4 1 1 0 4 . MAR/04/2011/FRI 11:51 AM MONROE ELEMENTARY FAX No.717-258-8819 P. 020 .1. MAKJN ..... A FORDAE, , Loan No.: 0205141104 )February 2, 2011 STEVEN CLAY and ANGELA CLAY 401 RAYMON AVENUE BOEU NG SPRINGS, PA 17007 Subject: Important information about your HAW request Dear STEVEN CLAY and ANGELA CLAY, We are evaluating your mortgage for a modification We want to help you stay in your home and are currently evaluating your mortgage for eligibility for the Home Affordable Modification Program (HAW), which would modify your loan terms and make your monthly payments more affordable. If you qualify for HAMP, you will esrter a "trial period" Before your loan can be modified, you will need to successfully complete a trial period plan by rnaidng all trial payments on the dates they're due and meeting all other requirements. We will send you a Trial Period Plan Notice in the mail, which explains bow the trial period works, and what your new trial payment amount will be. This amount will temporarily replace your current mortgage payment during the trial period. To accept the terms of the Trial Period Plan, all you need to do is send us your first trial payment by the specified due date. If you don't qualify or don't comply with trial period terms, we will send you a Non-Approval Notice. Examples of not meeting the terms of the Trial Period Plan include not making your payments on time, or not sending us the required documents. You have 30 days to review the reason for your non-approval and contact us to discuss any concerns you may have. During this 30-day review period, we may continue with the pemding foreclosure action, but no foreclosure sale will be conducted and you will not lose your home. We have other options that may help you avoid foreclosure If you are not approved for HANT, or if you cannot afford to make your trial payments, or if you decide to leave your home, please contact us as soon as possible to explore other ways to avoid a foreclosure. Get help if you have questions We want to help you if we cart. If you have any questions about the foreclosure process or the evaluation of your HAUP request, contact us at 800.416-1472. MIME Requirements to avoid foreclosure during , the EWW evaluation process and the Dial Period During the UAW evaluation process; If your loan has bcxm pteviously'refeiied!t6;, ',".' ::,,'• fmicclome, we are obligated* to'contuoue'the • ; ::;• foreclon ie process wbuile it is, evaluated for a•.: ' ;;,:. HAW modificatiob.. You will rooeivo' . communications from A tbird-party attorney that' ' irs diflomut and Separate from our H1??B+B ralatgdA". commuWcations. head all fez Io. motice5pii?: take the required action: Phis will help prbtecta .. yourrigb?tstmderfoce6surelaw.: ,.- ?:'If.farcclosuxe procxedia?gs were•tiorinitidted Erioi:,-: io •tbe HAW evaluation,'yaur ioaii will noi i' referred to foreclosure. You y?ill mot lose your home duri4.tt -RAW oiag as you: ' °::; evaluation ponod I*. .a' lzxtu . all requested do6umenltitioii o . ; Ctimmtmicate actively witbi your He iire` :,:;'•:'':;, Pti 'S ecii1jit p. `,')tiring the EUNP trial perlodr' "fie foreclosure process will be halted and ' fared6iwre 'sale'wiill riot be scheduled is long*6i you: " :' • ... : `'P o Comply with-the terms of the to period plan' std make all yo&'paymi uts on tirael:, '?, Communicate actively wiffi your.heie preaervatic a specialist:: , Failure to qualify for $A,1411' or comply with t ie,: requirexamts of the FZAMP evaluation or Trial. '., -Perlod will result lm a RAW non-approval: ' •' ••You•wi11 be' granted a 30 day grace period tb, ':; , ; ?;,:; review your Non-Approval Notice:, . , .. Daiing this 'period, we may continue with pegd1ri9: foreclosure actiom,'1ut°a fdrob)osure sale iGill'riof.;:. be' coindiicW'ind you willb&.168e your boiaie.'. } ',. woo decision to slop the forsclosmv process, or.rals is mach by the•invertor Quid FCL Information Page 1 of Z 97216MU 01111 II IIIII 11111111111111111111 IN T111111111111111111 /I MAR/04/2011/FRI 11:51 AM MONROE ELEMENTARY FAX No.717-258-8819 P.021 If you have questions about the legal eonsequemces of foreclosure, please contact all attomey or housing counselor for assistance, you can also call the Homeowner's HOPES Hofte at 1888-995-HOPE (4673). They offer free HUD-certified counseling services in English and Spanish, and can help answer any questions you have. Sincerely, 4?>44z?- Randy Bockeutedt Senior Vice President, Servicing WeUs Fargo Home Mortgage This communication is an attempt to collect a debt and any information obtained will be used for that purpose. Ho%wsr, if you have received a discharge of this debt in bankruptcy or are currently in a bankruptcy cue, this notice is not intended as an attempt to collect a debt and, this company has a security interest in the property and will only exercise its rights es against the property. vAth respect to loans located in the Stare of California, the state RoseadW Fair Debt Collection Practices ACT and the Weral Fair Debt Collection Practices Act require that, except under unusual circumstances, oollacto s may not contact you betbre S am. or after 9 pax They may not harass you by using threats or violence or arrest or by using obscene language- Collectors may not use false or misleading sta musats or tall you st work if they know or bsve reaeco to know tbat you may not receive personal calls at work. For the most part, collectors may not tell another person, other thin your attotmT or spouse, about your debt. Collectors may contact another person to oenfrm your location or entbme a judgment For more htibrmation about debt collecdow sadvitics, you may contact the Federal Trade Commni*on at 1- 87747C--HELP or rvwarftc.aov. Quail FCL Information page 2 oil 41216mU OllII 11 NUI Illlii pI IIIII 11111 lilt In III pill III 4 MAR/04/2011/FRI 11:52 AM MONROE ELEMENTARY FAX No.717-258-8819 P.002/002 4 .r •• 40ML . A I N HOME wgwm. on. morel a?A?I 6 get the help you need! February 17, 2011 STEVEN CLAY and ANGELA CLAY 401 RAYMON AVENUE BOILING SPRINGS, PA 17007 Loan No.: 0205141104 Property Address: 401 RAYMON AVENUE SOILING SPRINGS, PA 17007 Dear STEVEN CLAY and ANGELA CLAY, As your mortgage servicer, we want to help you stay in your home. We want you to know there is a program available that may help you. If you qualify under the federal government's Home Affordable Modification program and comply with the terms of the Home Affordable Modification Program Trial Period Plan, we will modify your mortgage loan and you can avoid foreclosure. How can you find out if you quality? Just follow the steps below and let us know that you need help, TODAYI GATHER THE INFO WE NEED TO MLP YOU Detailed Instructions on what you need to do to take advantage of this program are set forth on the enclosed document entitled "Complete Your Checklist." Generally, you will need to: • Explain the financial hardshlp that makes it difficult for you to pay your mortgage loan using the Request for Modifoatlon and Aifrdavit (enclosed). • Submit the required documentation of your income. • Make timely monthly trial period payments. If you meet the eligibility criteria, you will be offered a Trial Period Plan. The monthly trial period payments will be based on the Income documentation that you provide. 'They will be an estimate of what your payment will be if we are able to modify your loan under the terms of the program. If you do not qualify for a loan modification, we will work with you to explore other options available to help you keep your home or ease your transition to a new home- Be sure you continue making your regular mortgage payments until you hear from us about your eligibility for this program. While we're reviewing your information, your home will not be referred to foreclosure or sold at a foreclosure sale. COMPLETE AND SUBMIT Please complete the enclosed forms and submit all the required income documentation by no later than March 4, 2011. Now Is the time to act. We are ready to help you. Please take the steps outlined on the enclosed document "Complete Your Checklist." If you have any questions, please contact us at 800-416-1472. . Sincerely,.. Randy Sockenstedt Senior Vice President, Servicing Wells Fargo Home Mortgage bocumentation Request Letter Page 1 of 5 474031011-1 02!10 Rev. 12M0 11 NIIII 111111105 4 Mill IIIII Nil IIIIII11?IIII III MAT EYA LAW FIRM A PROFESSIONAL CORPORATION 55 W. Church Avenue Carlisle, Pa 17013 Phone 717-241-6500 Fax 717-241-3099 www.mateyalaw.com Steven D. Clay 401 Raymond Avenue Boiling Springs, PA 17007 January 28, 2011 Re: Steven Clay v. Angela Clay -- Divorce Action No. 08-4548 Dear Mr. Clay, You recently responded to our discovery requests. The responses to numbers 2, 6, 10, 12, 13 and 14 are incomplete as follows: 2 Please explain where these numbers came from and include documentation (similar to the documentation that was given to you in response to the discovery responses sent to you). 6 Please provide an answer to this question, with this change: the words "Jackie Morrow" should be replaced with "anyone else." No answer was provided herein. 10. Please provide the life insurance policy information from your former employer, Syntec, as it is known that there was a life insurance policy owned by you through Syntec. If that policy is no longer in force, please provide the details of its demise and if there were any proceeds from that policy. If so, to whom did they go? 12 The Form C does not include any details. Please provide the complete details, as requested on the Form C. You made similar requests of Ms. Clay earlier in this divorce proceeding and she provided everything requested of her. We are requesting that you do the same. 14. This question was completely unanswered. Please respond to this question. Please respond at your earliest convenience. If I do not receive a written response to these discovery requests by the last day of February, I will file a motion to compel the answers, which motion will be argued in front of the same judge which we recently visited. If you have any questions, please feel free to contact me. I may be reached at (717) 241-6500 or by e-mail at mam@mateyalaw.com. Sincerely, Mark A. Mateya, Esq. MAM/aa Enclosures EXHIBIT Leave A Legacy CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Steven D Clay 35 High Street Boiling Springs PA 17007 Mark A. Mateya, Esqu 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: 3 ANGELA T. CLAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN D. CLAY NO. 2008 - 4548 CIVIL TERM ORDER OF COURT AND NOW, this 8TH day of MARCH, 2011, a hearing on Plaintiff's Petition for Contempt is scheduled for MONDAY, APRIL 11, 2011, at 9:30 a.m. in Courtroom # 3. By the Court, Edward E. Guido, J. Mark Mateya, Esquire Steven D. Clay sld N,,, Mai lei 5)10u6 c-n rVi =:;o r 710 r rn ?? ce) v a .C C7 -p o --r, CD :z C:) A p ? ? FILED-OFFICE OF THE PROTHONOTARY 2011 MAR 31 AM 11:51 CUMBERLAND COUNTY PENNSYLVANIA ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Steven D. Clay, the Defendant in the I above-captioned action. Respectfully Laurie A. Saltzg a uire Attorney I.D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. BOX 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-4548 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of 2011, a copy of the foregoing 19 - Praecipe to Enter Appearance was mailed, first-class, postage prepaid to: Mark A. Mateya, Esquire 55 W. Church Avenue Carlisle, PA 17013 Laurie A. Sa Attorney for MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-4548 CIVIL STEVEN D. CLAY, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 11th day of April, 2011, it is hereby ordered and directed that the parties shall abide by the agreement as articulated of record today. The complaint citation is DISMISSED. By the Court, 4? Edward E. Guido, J. ? Mark A. Mateya, Esquire For the Plaintiff n? A M0? ? Laurie A. Saltzgiver, Esquire ?°t' For the Defendant 411'111 00 srs me ,o-: y c? , <cs -v cl: v -" =C:> r' er cr 0 T Cl T ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV40* ;C f "I r-q VS. :NO. 08-4548 .rff., ..._ 1 STEVEN D. CLAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITIONER'S PRETRIAL STATEMENT FOR DIVORCE MASTER Petitioner, Angela T. Clay, by and through her counsel, Mark A. Mateya, Esquire, files this Pretrial Statement, as required by Pennsylvania Rule of Civil Procedure 1920.33 and by direction of the duly appointed Divorce Master and avers the following: 1. ASSETS: Item # Property Value Date of valuation Owner H/W/Marital liens or encumbrances I Marital Home 185,000 April 2011 M 152,000 2 401(k) 128,880 May 5, 2010 H/M None 3 PSERS 80,235 Dec 13, 2010 W/M None 4 Pension 38,386 Nov 14, 2010 H/M None 5 Mazda Tribute 6,000 Dec 13, 2010 W None 6 Ford Pickup Truck 18,380 Nov 14, 2010 H None 7 Washer/Dryer 500 2007 M None 8 Tractor 2,500 2007 M None 9 Master Bed 500 2007 M None II. EXPERT WITNESS: None known at this time. Plaintiff reserves the right to call any experts deemed necessary. Page 1 of 7 III. FACT WITNESSES: 1. Angela Clay 2. Don Gladfelter 3. Paul Treon 4. Marcia Treon 5. Barbara A. Robinholt, Bob Kelly, J. Clifton, J.T. Copits, Bill Derr, Joe Lightfoot, and other Syntec employees and Management, as needed. IV. EXHIBITS, MARKED AS PETITIONER'S EXHIBITS Plaintiff's exhibits are presently marked to correspond to the asset chart, Paragraph I above, and Paragraphs V, VI, VII, IX and X in the chart below. V. INCOME INFORMATION Plaintiff works as a school teacher with Cumberland Valley School District. Plaintiff receives a bi-weekly paycheck. See Plaintiff's Exhibit, Marked Exhibit V to correspond to paragraph V herein. VI. EXPENSE INFORMATION Item # Expense Monthly amount Notes: 1 Rent 500.00 2 Groceries 500.00 3 Clothing 100.00 4 School Lunches 80.00 Page 2 of 7 5 Gas 160.00 6 Car Insurance 75.00 7 Car Repairs/Maintenance 125.00 8 Hair Cuts 100.00 9. PreSchool 64.00 10. Gymnastics 49.00 11. Wrestling/Soccer 75.00 12. Piano Lessons 60.00 13. Telephone 250.00 14. Marital Credit Card Bill 550.00 15. Doctor/Counseling 100.00 16. Medications 25.00 17. Gym Membership 25.00 18. Entertainment/Recreation 150.00 19. Student Loan 150.00 20. Supplies for Work 100.00 21. School Supplies 50.00 22. Union Dues 65.00 23. Pet Care 50.00 24. Mortgage 0.00 25. Attorney Fees 0.00 26. Voluntary Retirement Fund 30.00 VII. PENSION INFORMATION: Petitioner has a PSERS Account with a marital Property Component valuation of $80,235. Respondent has a pension from his time with Syntec Carlisle valued at 38,386 (in addition to his 401(k)). VIII. CLAIM FOR COUNSEL FEES: Plaintiff is making no claim for attorneys fees. Page 3 of 7 IX. DISPUTED ITEMS: 1. In June of 2010, Plaintiff paid Two thousand, four hundred ninety-six dollars in June of 2010 on the marital residence in order to bring the mortgage with Wells Fargo current to that time. It was at this time that Plaintiff cashed in her 403(b) in order to accomplish this task. Plaintiff prays relief for one-half of this amount: plaintiff prays for relief in the amount of one thousand, two hundred forty-eight dollars. 2. Amount of mortgage paid by Plaintiff while Defendant lived in the house, rent-free. Defendant created his own unemployment situation. He held a stable, steady job producing a good income for many years. The fact that he is unemployed at Syntec is the result of his own actions. Additionally, defendant made no attempt whatsoever to ready the house for sale while he was still living in it for free. The Plaintiff took possession of the house, cleaned it, aired out the cigarette smell, and repaired it and had it sold within several weeks. Plaintiff prays relief in an amount equal to the mortgage payments for these six months. 3. The amount of penalty and interest along with any fees associated with the foreclosure of the marital home. Defendant alone was in the possession of the notices from the Mortgage Company, Wells Fargo, at the time the deadlines were running out. Defendant did not share this information with Plaintiff. When Plaintiff took possession of the house she located all of the notices from Wells Fargo, including priority mail, which stated the deadlines to respond, all of which had passed. Plaintiff prays relief in an amount equal to the late fees, fines and penalties as well as the fees associated with the preliminary stages of the foreclosure undertaken by Phelan Hallinan & Schmieg, L.L.P., the Philadelphia law firm hired by Wells Fargo to foreclose on the marital home. Page 4 of 7 4. One-half of the amount of Two thousand, seven hundred dollars, the amount previously presented to Defendant as the cost of repairing the damage done to the house in the months that Defendant lived in the marital home, rent free. Plaintiff prays relief in an amount one-thousand, three-hundred and fifty dollars. 5. At the outset of this case, Plaintiff and Defendant jointly owned certificates of deposit, savings accounts including some specifically designated Certificates of deposit for the couple's children, which defendant unilaterally cashed in and refused to share with plaintiff. Defendant further refused to share the whereabouts of the funds, stating that he was "keeping the money safe." Plaintiff was forced to take action, filing a Petition for Special Relief. Only after this action was presented to Defendant did he share the information and finally the funds with Plaintiff. Plaintiff should not have had to expend the funds or endured aggravation of this senseless and needless action. Plaintiff prays for relief in the amount of two thousand dollars, which amount includes attorneys fees, for having to initiate this action to recover what are clearly marital funds. X. MARITAL DEBTS: Item # Marital Property Total Amount Monthly Account Information of debt 3/4/11 payment 1 Marital home 152,000 1,168.00 Home in foreclosure; (142+10) 2. Page 5 of 7 XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES: 1. Favorable finding of the five disputed items. a. An amount of one thousand, two hundred and forty-eight dollars; also, an amount equal to the amount of penalty Plaintiff had to pay to remove funds from her 403(b) plan in order to catch up the payments on the house. b. An amount to the mortgage payments for the six months that Defendant lived in the marital home while Plaintiff paid the mortgage. c. An amount equal to the late fees, fines and penalties as well as the fees associated with the preliminary stages of the foreclosure undertaken by Phelan Hallinan & Schmieg, L.L.P., the Philadelphia law firm hired by Wells Fargo to foreclose on the marital home. d. An amount of One-thousand, three hundred and fifty dollars, which is one half the amount expended to prepare for the house for sale e. Two thousand dollars to reimburse Plaintiff for cost of recovering marital funds which defendant had unilaterally removed from marital accounts and which he would not return or share. 2. An even division of Plaintiff's PSERS account and Defendant's Pension and 401(k) account according to the following: Offset Plaintiff's PSERS account with Defendant's Pension and 401(k) accounts. This will result in an approximate award of $43,000 from Defendant to Plaintiff. Defendant should arrange a transfer of this share to Plaintiff s alternate beneficiary share under his 401(k), subject to number one and three herein. Page 6 of 7 3. Plaintiff to receive the entire proceeds from the sale of the house, reducing the amount due in paragraph two, above, by the amount of the proceeds; proceeds defined as that amount remaining from the sale of the house after the routine expenses and fees, and after the amounts listed in paragraph number one, subparagraphs a through e above, have been accounted for. 4. No alimony paid to either party. Plaintiff and Defendant earned salaries which were very similar throughout their marriage. Defendant's own actions, after the separation, were the sole cause of his unemployment. He should not be rewarded for these actions with ongoing alimony, nor should plaintiff be penalized for his actions by being ordered to pay any alimony whatsoever. XII. ADDITIONAL ISSUES: Plaintiff's 403(b) retirement savings were used entirely for the purpose of saving the marital home from foreclosure as well as funding the cost of this litigation. That amount therein was more of a savings vehicle and not a retirement vehicle. Plaintiff expended these funds due to Defendant's actions, including a successful PFA court case. Respectfully submitted, Mark A. Mateya, Esq#e Attorney I.D. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Counsel for Plaintiff Date: ? 4?- Page 7 of 7 Wachovia Retirement Stater. At 133782 RZY2T014 -- STEVEN D CLAY 401 RAYMON AVE BOILING SPRINGS PA 17007 04/16/2010 thru 1?, .1/2010 dZ For Customer Service Call (800) 669-2136 Or write to: WACHOVIA BANK 2801 MARKET STREET ST LOUIS, MO 63103 Plan Overview - IRA Asset & Earnings Summary Balance as of Balance as of Earnings paid* Earnings paid* Type of asset 0411612010 1213112010 this period this year Money Market Deposit Account $ 0.00 $ 123,879.54 $ 80.75 $ 80.75 .?, Total $ 0.00 $ 123,879.54 $ 80.75 $ 80.75 *Earnings are shown to help track how your IRA is performing. You are not required to report these as taxable earnings on your tax return Tax Information: Contributions & Distributions Contributions For tax year 2009 $ 0.00 For tax year 2010 $ 0.00 Rollover Deposits $ 123,798.79 2010 Distributions Amount (gross) Federal tax withheld Net amount Important Information Regarding Your IRA REVIEW THE PRIVACY STATEMENT CONTAINED IN THE ENCLOSED INSERT. FOR INFORMATION ABOUT YOUR RETIREMENT PLAN ASSETS, CONTACT YOUR BANKER. EXHIBIT T-C?- Wachovia Bank is a division of Wells Fargo Bank, N.A. $ 0.00 $ 0.00 $ 0.00 Page 1 of 3 133782 014182213123 YNNN NNNNNNNN 000001 RZYSR2TA Estimated Value of Marital Property Component of PSERS' Defined Benefit Plan (in accordance with Act 2004-175 changes in the Divorce Code) NOTE: The Account Value (a.k.a. Present Value) is the amount allocated to fund the monthly benefit shown on your estimate - for the rest of your life. The portion of the Account Value "earned" during the marriage is the Marital Property Component. Name: Angela Clay S.S. #: ***-**-1635 Member Information Date Svc. Cr. (a)_ Date Enrollment: 8/1/1994 0.00 Marriage: 5/4/1996 0.00 Separation: 7/7/2008 8.99 yrs. svc. credit Valuation: 8/31/2010 10.99 yrs. svc. credit (hearing date) Account Value: $98,085.09 (Total estimated value on specified date) Determining the Marital Property Component of the Member's Account: Service Credit: 8.99 (Numerator of (marriage to separation) Coverture Fraction) Total Service Credit: 10.99 (Denominator of (enrollment to hearing date - Coverture Fraction) used to determine Account Value) Goverture Fraction: 0.8180 Numerator Denominator Total Account Value: x $98,085.09 Marital Property Component: (Estimated value on specified date) $80,235.21 EXHIBIT ._-- 3 35808-0103 Payment Options Pension Option Election Form, Page 2 The Single Life Annuity is the automatic payment form if you're single, unless you elect a different payment option. The 50% Joint and Survivor Annuity with your spouse as beneficiary is the automatic payment form if you're married. If you elect a different payment option or designate a person other than your spouse as your beneficiary, you need written, notarized consent of your spouse in the Your Spouse's Consent section of this form. All optional forms of payment presently available to you are provided below. For more information on your payment options, see the enclosed Pension Option Descriptions. You can not change your payment option after your benefit commencement date. For information on the relative value of the payment options presently available to you, see the enclosed Relative Value Notice. Make your pension option election by checking one payment option below. You must also sign this form on page 3. Payment Options Payable to Payable to Your Benefit Commencement Date: August 1, 2010 You Beneficiary ? Lump Sum Option This option is a one time payment of: $38,386.04 $000 ? Single Life Annuity $194.31 $0.00 ? 50% Joint and Survivor Annuity $186.40 $93.20 ? 66 2/3% Joint and Survivor Annuity $183.89 $122.59 ? 75% Joint and Survivor Annuity $182.69 $137.02 ? 100% Joint and Survivor Annuity $179.11 $179.11 ? 10-Year Certain and Life $193.73 $193.73 * If you die after receiving 10 years of payments, no benefit would be payable to your beneficiary. EXHIBIT ?+ n o a N ff "C n ? Ornz y ? 4 y P O 0 F7 .c CA w C- C H CJ z O - -. Cn ti ro b ' CD (r x C? x CD H ? (-n m W . d n ?y e n; C W z H N Z O -' N C ,p O d W N [Tl C) . CD w y 0 N o (n J \ O N - 0 0 p o N O N C CD n x z N 0. N N N ? Ln O O H W A CS rn rn ?'' bba o?rwQ(f C C 'a a 0 N p rtW 0 fD ?Zj tM Fj 0 rt m a a n ci ? b a a . H 10 (D 0 CD ° I - W? CD HBO yn N CL P) (D (1) k H Cl7 rt(D q0 N H 0 W G k n rt k n .. r W H N 61 W 41 W Ol 61 W CO N t!1- N Q5 N O W N N P O OD ?. O\ p O O m -j --I m N W ?O . y (.n p O O. J 01 ai V-? N ?,O W 0 H b ? a' rn W W W rn rn W OD H a' W ti,p IV. W NH ai O 'co 1-A J- Ut 41 p.000LJ ?7: 61. Ut.W W V to p 00 -J Ol .P H N t0 W N , O 0 0 0 0 0 0 0 0 0 EXHIBIT Estimated Value of Marital Property Component of PSERS' Defined Benefit Plan (in accordance with Act 2004-175 changes in the Divorce Code) NOTE: The Account Value (a.k.a. Present Value) is the amount allocated to fund the monthly benefit shown on your estimate - for the rest of your life. The portion of the Account Value "earned" during the marriage is the Marital Property Component. Name: Angela Clay S.S. #: ***-**-1635 Member Information Date Svc. Cr. 0- Date Enrollment: 8/1/1994 0.00 Marriage: 5/4/1996 0.00 Separation: 7/7/2008 8.99 yrs. svc. credit Valuation: 8/31/2010 10.99 yrs. svc. credit (hearing date) Account Value: $98,085.09 (Total estimated value on specified date) Determining the Marital Property Component of the Member's Account: Service Credit: 8.99 (Numerator of (marriage to separation) Coverture Fraction) Total Service Credit: (enrollment to hearing date - used to determine Account Value) Coverture Fraction: 0.8180 Total Account Value: x $98,085.09 Marital Property Component: (Estimated value on specified date) $80,235.21 10.99 (Denominator of Coverture Fraction) EXHIBIT Y il_ Numerator Denominator 35808-0103 Payment Options Pension Option Election Form, Page 2 The Single Life Annuity is the automatic payment form if you're single, unless you elect a different payment option. The 50% Joint and Survivor Annuity with your spouse as beneficiary is the automatic payment form if you're married. If you elect a different payment option or designate a person other than your spouse as your beneficiary, you need written, notarized consent of your spouse in the Your Spouse's Consent section of this form. All optional forms of payment presently available to you are provided below. For more information on your payment options, see the enclosed Pension Option Descriptions. You can not change your payment option after your benefit commencement date. For information on the relative value of the payment options presently available to you, see the enclosed Relative Value Notice. Make your pension option election by checking one payment option below. You must also sign this form on page 3. Payment Options Payable to Payable to Your Benefit Commencement Date: August 1, 2010 You Benef ciarv ? Lump Sum Option This option is a one time payment of: $38,386.04 $0.00 ? Single Life Annuity $194.31 $0,00 ? 50% Joint and Survivor Annuity $186.40 $93.20 ? 66 2/3% Joint and Survivor Annuity $183.89 $122.59 ? 75% Joint and Survivor Annuity $182.69 $137.02 ? 100% Joint and Survivor Annuity $179.11 $17911 ? 10-Year Certain and Life $193.73 $193.73 If you die after receiving 10 years of payments, no benefit would be payable to your beneficiary. EXHIBIT Y t_? Expense Monthly Rent 500 Grocery 500 Clothing 100 School Lunches 80 Gas 160 Car insurance 75 Car repairs/maintance 125 Hair cuts 100 Preschool 64 Gymnastics 49 Wrestling/Soccer 75 piano lessons 60 telephone bill 250 Martial Credit Card Bills 550 Doctor/Counseling 100 Medications 25 Gym membership 25 Entertainment/Recreation 150 Student loan 150 Supplies for work 100 School supplies 50 Union Dues 65 Pet care 50 Mortage 1167 Attorney Fees 1000 Voluntary Retirement fund 30 EXHIBIT y t Total amount the mortgage is behind minus the foreclosure and attorney fees is 8486.40 Total late charges for the month is 192.12 Breakdown of the payment made on 6-23-10 of 2446.82 Principal/interest---2 payments of 960.52---1931.04 Escrow----2 payments of Penalty ---2 payments of EXHIBIT ,x -i 207.36--- 414.72 96.06 --- 192.12 Resignation of Steve Clay Performance Issues: Inappropriate Behavior Mixing Kaizen Event 2008. Steve Clay became frustrated with a Kaizen event at the 5370 Mill Area. Kicking a chair across the floor. This issue was address by Bob Kelly discussing that this was inappropriate behavior. Weekend Work Schedule in 2009. Steve Clay saw the weekend work schedule. He was verbally expressing his dislike of that schedule in the main hallway. Sean Free and Bob Kelly addressed this issue with Steve Clay that this was inappropriate behavior. Shift Meeting 2009. In a shift meeting in 200°, Joe Lig"tfcct was discussing the current business situation, and Steve Clay yawned out loud disrupting the shift meeting. This issue was addressed k y Bill Derr as inappropriate behavior. Steve explained why he had to yawn out loud and he was to follow up with Joe Lightfoot why this occurred. But Steve did not follow up with Joe Lightfoot. Shift Meeting March 2010. While J.T. Copits was conducting an informational shift meeting, Steve Clay was mocking J.T. out loud every time J.T. paused and said "Um" in his presentation. This lead to a discussion with Steve Clay on Tuesday April 6, 2010 about this inappropriate behavior. In attendance with Steve Clay were Bill Derr, J.T. Copits and Joe Lightfoot. The mocking issue was discussed with Steve Clay. Steve was frus- rated and denied that he did it. Steve would not help resolve the issue or assist in finding out what happened Steve Clay was then suspended until further notice and that we would call him to discuss the issue at a later date. On Wednesday April 7, 2010 at 3pm, Bob Kelly placed a call to St we Clay to discuss inappropriate behavior. Steve returned Bob's call later in the day. They discussed the issue and set up a meeting on Thursday April 8, 2010 at 3pm to resolve this issue. On Thursday April 8, 2010 at 3pm Steve Clay met with J.T. Copits, Joe Lightfoot, Bob Kelly and Bill Derr to further discuss what occurred in that shift meeting. Steve was much more relaxed in this meeting, stating that he did not do it. Joe Lightfoot then stated that there were creditable witnesses to the event in question. Steve Clay st ited he did not do it. Bob Kelly then offered Steve Clay a way to change this inappropriate behavior, but Stev( Clay stated he, " would go fishing." Bob Kelly and Bill Derr then escorted Steve Clay to Bob Kelly's off ce to discuss his exit paperwork needs. Bob Kelly and Bill Derr then shook hands with Steve Clay and wist ed him well. Steve Clay departed the building and then the parking lot. EXHIBIT ?/??1? Wells Fargo Home Mortgage 1 Home Campus Des Moines, IA 50328-0001 REQ BY EGO STEVEN D CLAY ANGELA T CLAY 401 RAYMON AVENUE BOILING SPRINGS CUSTOMER ACCOUN'T' ACTIVITY STATEMENT PA 17007 DATE 03/30/11 PAGE 1 LOAN NUMBER: 0205141104 ***********q-***************-****k-: k'************-A**k************y***** *******.** ------------- ------ CUP,REVIT ACCOUNT INFORMATION DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW DUE AMOUNT PAYMENT RATE BALANCE BALANCE 10-01-10 1,167.88 960.52 6.25000 = 146,206.20 494.92 *******************x*******************±********************************** ACTIVITY. FOR PE3RIOD 0,2/01/10- 03,/29/11 PROCESS DUE TRANSACTION T7,,-.r` NSACTiIO EFFECTIVE -HATE DATE DATE CODE DESCuIPIPION OF TRANSACTION .TRANSACTION PRIN, AID"' k:c`C:?'?vti PAID/ ---OTH I _ AMOUNT t37?LAI?C:E IIr i BIi? T it ` ' A?Ii)I7NT' CODE/ DE 'CRLP`IION 03 29-11 00-00 631 PROPERTY PRE:=i-RVA`I':-ON 20.00 0.00 0.00 0.00 02-25-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 01-18-11 10-10 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0:00 48.03-1 LATE FEE 12-16-1.0 10-10 152 LATE CHARGE ASSESSMENT 0.('o 0.00 0.00 0.00 48.03-1 LATE FEE 11-16-10 10-10 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 48.03-1 LATE FEE 10-18-10 1.0-10 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 48.03-1 LATE FEE 09-17-10 09-10 173 PAYMENT 1,215.91 198.00 '762 . 5?2 207.36 146,206.20 494.92 09-16-10 09-10 152 LATE CHARGE ASSESSMENT 0.00 0.00 - 0 . >), C, 0 - 00 08-16-10 08-10 173 PAYMENT 1,167.88 196.97 `<<N3 . 55 207 36 146,404.20 287.56 07-22-10 08-1.0 314 SCHOOL 'I'AA DISBURSEMENT 1,443.99- 0.00 0.00 1443.99- 07-09-10 07-10 1-/3 PAYMENT 1,167.88 195.95 146,601.1.7 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N..[:!::) 48.03 1 LATE FEE NEW PRINCIPAL/ESCROW BALANCES 48.03-1 LATE FEE NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES ogether we go tar NEW P Wells Fargo Home Mortgage 1Home Campus Des Moines, IA 50328-0001 REQ BY EGO CUSTOMER ACCOUNT ACTIVITY STATEMENT STEVEN D CLAY LOAN NUMBER: 0205141104 DATE 03/30/11 PAGE 2 ACTIVITY FOR PERIOD 02/01/10 - 03/29/11 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION --------------------------------------------------------------- TRANSACTION PRIN. PAID/ ESCROW PAID/ -------- -- OTHER --------- AMOUNT BALANCE INTERFST BALANCE AMOUNT CODE /DFSCR--PTION ------------------------ 06-24-7.0 07-10 173 PAYMENT 0..00 0.00 0.00 0.00 15.00 4 INSPECTION FEE 15.00- 06-23-10 0E-10 173 PAYMENT 0-. 00 194.94 i 65 . 58 "207.36 14 6,797.12 1316.83 06-23-- 10 0-10 1 i3 PAYMENT 2, 44(7 . 0.. s, 9:3 93 66 . 59- 207.36 - 1,-4 6, 992: 0r .1-109.47 0-6 =1 I. n- Z :5 ---I Q 1152 LATE,' .CHA.P.GE ASSESSMENT 0.00 0,.00 0.00 05-17-10 05-10 -15.2 LATE- CHARGE- ASSESSMENT. 0.00 ... . 0 : 00-.: . .-0.00 0.00 05-04-10 05-10 351 HAZ INS 698.95- 0.00 0.00 698.95- 902.11 04-16-10 04=10 313 _• CITY-.TAX'DISBURSEMENT 378..83-- 0.00 .0.00 378.83- 1601.06 04--05-1-0 04-1.0 :173 PAYMENT . 1;167.88 192.92 767.60 207.36 14 7,185.99 1979.89 03.-03-10 03-10 173 PAYMENT 1,167.88 191.92 768.60 207.36 147,378.91 1772.53 02-05-10 02-10 173 PAYMENT 1,167.88 190.93 769.59 207.36 147,570.83 1565.17 Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. NEW PRINCIPAL/ESCROW BALANCES 96.0G--:1 I.-ATE FEE - 15.00 NEW PR'INCIPAWESCROW BALANCES 4' 8. CI 31 - A T li_ F Pr E 48.03--1 LATE FEE NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES NEW PRINCIPAL/ESCROW BALANCES Together we'll go far Cleaning expenses: Cleaning figure for house is 2700.00 Painting rooms is 300.00 X 6 rooms = Wallpapering is 200.00 = Removal/disposal of abandon debris 200.00 Carpet cleaning 500.00 Grand total 1800.00 200.00 200.00 500.00 2700.00 EXHIBIT CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document, on the following person(s) by depositing a true and correct copy of the same by facsimile and in the United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Laurie A Saltzgiver Esq Meyers Desfor Saltzgiver & Boyle 410 N Second Street PO Box 1062 Harrisburg PA 17108 alou a'z?? IL Mark A. Mateya, Esquire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: --5 - / 1 ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 4548 CIVIL - • r11W =M o C-) r STEVEN D. CLAY, z? ---4 0M ? Defendant IN DIVORCE . <)' w '=-' r-- x ::_' cD ?c c_ 32D . TJ %7 `rt °t:- ORDER OF COURT r0 AND NOW, this /02 day of , 2011, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on October 12, 2011, the date set for a conference, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, Kev' A. Hess, P.J. cc: ? Mark A. Mateya Attorney for Plaintiff ies M O iI? OP Laurie A. Saltzgiver Attorney for Defendant M ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS F-1 Plaintiff CUMBERLAND COUNTY, PENNSYLVA n-a -rrr, ter-- ?? VS. NO. 08 - 4548 CIVIL .w STEVEN D. CLAY, ? Defendant IN DIVORCE ? _..., THE MASTER: Today is Wednesday, October 12, 2011. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Angela T. Clay, and her counsel Mark A. Mateya, and the Defendant, Steven D. Clay, and his counsel Laurie A. Saltzgiver. The complaint in divorce was filed on July 29, 2008, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The complaint raised an economic claim for equitable distribution. On July 30, 2010, the Defendant, husband, filed a petition raising a claim for alimony, alimony pendente lite, and counsel fees and costs and expenses. The Master has been advised that after 1 negotiations this morning the parties have reached a comprehensive settlement agreement with regard to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, counsel and the parties, at their discretion, may return later today to review the agreement for typographical errors, make corrections as necessary, and the parties can affix their signatures affirming the terms of settlement. Nevertheless, the parties are bound by the agreement even though there has been no subsequent signing when they leave the hearing room today. The parties were married on May 4, 1996, and separated on July 7, 2008. The parties have two minor children, both of whom are currently residing with wife. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Saltzgiver. MS. SALTZGIVER: Thank you. We have reached 2 a full and final agreement on all of the issues that the parties have raised pursuant to their divorce action. The distribution of assets will be as follows: 1. Wife shall receive her PSERS pension which has a value of approximately $78,813.00. Wife shall also receive her 403(b) plan. This plan has been cashed in by wife since separation. We have provided a date of separation value of approximately $5,682.00. 2. Wife shall receive a roll over from husband's IRA. This IRA contains the proceeds of husband's 401(k) with his prior employer Carlisle Syn Tec and the IRA is currently held at the Wells Fargo Bank. Wife shall receive a roll over from this IRA account of $25,573.00. Wife has agreed that the $25,573.00 shall be rolled over to an IRA account that she has at U Financial and her investment adviser is Justin Dunnwoody. Husband agrees that he will cooperate in the execution of any documents as necessary regarding the roll over. Additionally, we do not think it is likely but in the event that there is a QDRO necessary to effectuate the roll over to wife, then the parties have agreed to split the costs of the preparation of the QDRO by Conrad Siegel. The parties hope that the roll over will be accomplished within thirty (30). days. 3. Additionally there is currently an escrow account at Citizens Bank. This escrow account holds the proceeds from the sale of the former marital residence. The parties agree that husband shall receive $10,000.00 from the escrow account as his portion of equitable distribution of this account. Wife shall receive the remainder of the Citizens Bank escrow account which is estimated to be the approximately $11,138.00. 4. Husband shall retain the remainder of his IRA after the $25,573.00 is rolled over to wife. 5. Husband shall also retain his pension with Carlisle Syn Tec which we believe has a current value of approximately $39,912.00. 6. The parties agree that they shall each keep any automobiles that they currently have. The parties shall also keep any and all checking and savings accounts that they currently have in their own separate names. 7. Additionally, both parties waive any claim that they 3 may have to alimony, spousal support, alimony pendente lite, counsel fees costs and expenses. 8. The parties agree that they have previously divided up all furniture and furnishings and the contents of the former marital residence between themselves. 9. The parties agree that this is a final and complete agreement and that the agreement takes care of all claims that either party has raised pursuant to the divorce code. 10. The parties agree that this shall be binding upon their estates and their heirs 11. The parties agree that they shall each be responsible for any debt or any credit cards in their own respective names alone. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. MATEYA: Mrs. Clay, you understand, we've gone this -- I'm not going to ask you if you like it but I'm going to ask you if you understood it and are you willing to agree to this? MS. CLAY: Yes. MR. MATEYA: And there were a multitude of claims that we have talked about with opposing counsel and we are willing to set those aside? 4 MS. CLAY: Yes. MR. MATEYA: In order to come to this final agreement? MS. CLAY: Yes. MS. SALTZGIVER: Steven, you've been sitting here today while we read the agreement into the record, have you heard the agreement this morning? MR. CLAY: Yes. MS. SALTZGIVER: And do you understand the agreement as it has been stated on the record? MR. CLAY: Yes. MS. SALTZGIVER: And do you agree with what's been stated on the record as far as the distribution of your assets? MR. CLAY: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 5 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: (611 zf Mark A. Mateya Attorney for P aintiff ltzgiver even D. Clay At or e tot Defendant 6 ANGELA T. CLAY, Plaintiff VS. STEVEN D. CLAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . J :NO. 08-4548 mrn : CIVIL ACTION - LAW' : IN DIVORCE --<v C-a rte-' r-PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: rs W 4 e. Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 ( c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant signed Certified Mail Restricted Delivery, Return Receipt for the Divorce Complaint on July 30, 2008. 3. Complete either paragraph (a) or (b): rr-, -41 r? rtz - r-- -1rj , 5 CJ q l ? } J' (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff October 12, 2011 ; by Defendant October 12, 2011 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff s affidavit upon the Defendant: 4. Related claims pending: None 5. (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 in §3301( c) Divorce was filed with the prothonotary: October 12, 2011. F Date defendant's Waiver of Notice in §3301( c) Divorce was filed with the prothonotary: October 12, 2011 Mark A. Mateya, wire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANGELA T. CLAY V. STEVEN D. CLAY NO. 08-4548 DIVORCE DECREE ;Ott , it is ordered and decreed that AND NOW, ANGELA T. CLAY plaintiff, and STEVEN D. CLAY bonds of matrimony. , 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.") The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree. B ou , // * de/?- ese M&t e eal -"6 ?(tqhee i c Mgl? ed 7?v t*T"O- CLAY ANGELA T IN THE COURT OF COMMON PLEAS OF . PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA' c.. r° 1 ry V ° i (.J _ 2008-4548 CIVIL ACTION LAW f=. .- } STEVEN D. CLAY = ; . IN CUSTODY DEFENDANT ORDER OF COURT AND NOVI', Wednesday, January 25, 2012 , 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 Tuesday, February 14, 2012 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: /s/ John j. Mangan, _ jr. Es q. jjp? _ 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 (ed. mfy A5? /? arya CoP ?/ rha,/P?? / 14J saifZ (Iry ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-4548 CIVIL ACTION LAW STEVEN D. CLAY, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this lo day of March 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: v Legal Custody: The Father, Steven D. Clay, and the Mother, Angela T. Clay, shall have shared legal custody of Kurtis S. Clay, born 06/24/2003 and Regina M. Clay, born 03/19/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extra-curricular activities, children's parties, musical presentations, back to school nights, and the like. Both parents shall agree on the extra-curricular activities in which the Children are enrolled prior to starting or enrolling either Child in any program or activity. Each parent shall cooperate fully to ensure that the Children may attend the extra-curricular activities in which he or she has been enrolled. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Alternating weekends from Friday at 5:00 pm until Sunday at 5:00 pm. b. Father shall custody of Kurtis every Tuesday and Thursday from 4 pm until 8 pm. C. On Monday, Wednesday and Friday, Father shall have custody of Regina from 11:30 am until 2:30 pm (picking up Regina at pre-school and then meeting maternal grandmother at the Boiling Springs parking lot at 2:30 pm.) On Tuesday and Thursday, Father shall have custody of Regina from 9:00 am until 8:00 pm with Father picking up Regina from grandmother at 9 am and then dropping the Children off to Mother at 8:00 pm. d. Additionally, as make up time, Father shall have Easter weekend 2012. e. If Father is aware that he is unable to exercise periods of custody, Father shall notify Mother at least a week prior to the scheduled custodial period; otherwise in the event of an unexpected obligation whereby he is unable to assume custody, he shall give Mother at least 48 hours notice prior to the scheduled custodial period. f. In the event Father resumes employment and is unable to watch Regina during the day or Easter 2012, whichever occurs first, Father shall have custodial periods with both Children every Tuesday and Thursday from 4 pm until 8 pm instead of the schedule outlined above in 2 c). g. Absent agreement otherwise or specified above, the transportation shall be shared such that the receiving party shall transport. All exchanges shall occur in a peaceful civil manner with no confrontations. h. Father shall have physical custody of the Children at such other times as the parties may mutually agree. Counseling: The parties are strongly encouraged to engage in family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. If the non-custodial parent calls the Children and must leave a message for the Children to return the call, the custodial parent shall assure that the Children return the telephone call within a reasonable time. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have one full week of physical custody in the summer to be taken in conjunction with their weekend. The requesting parent shall give the other parent 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 this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children 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. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consumelbe 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. 11. The parents shall ensure that no guns of any nature, including starter pistols, be permitted in the presence of the Children. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. 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-r-ourt, J. Distribution: ?Mark Mate uire a Es . ; y , q ? Laurie Saltzgiver 410 North Second Street P.O. Box 1062 Harrisburg PA 1 Esquire 711' , , , , , V John J. Mangan, Esquire CD, <u eep v - j ? ?I tV TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1st Half From 9 am until 3 pm Mother Father Easter Day 2n Half From 3 pm until 9 pm Father Mother Memorial Day From 9 am until 9 pm Father Mother Independence Day From 9 am until 9 pm Mother Father Labor Day From 9 am until 9 pm Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1st From 9 am Thanksgiving Day to 3 Mother Mother Half pm on Thanksgiving Day Thanksgiving 2n From 3 pm on Thanksgiving Day to Father Father half 9 pm Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2° Half From noon on 12/25 to noon on Father Mother 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1st (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4548 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody Kurtis S. Clay 06/24/2003 Primary Mother Regina M. Clay 03/19/2007 Primary Mother 2. An Order issued March 06, 2009, an Order issued June 28, 2010 and a Conciliation Conference was held with regard to this matter on February 14, 2012 with the following individuals in attendance: The Mother, Angela Clay, with her counsel, Mark Mateya, Esq. The Father, Steven Clay, with his counsel, Laurie Saltzgiver, Esq. 3. The parties agreed to the entry of an Order in the form as attached. --C ??- Date John g n, Esquire Cus dy Conciliator o? ANGELA T. CLAY : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSY,VANIA VS. :NO. 08-4548' :. STEVEN D. CLAY, : CIVIL ACTION - LAW cry c-? Respondent/Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY r AND NOW comes Plaintiff/Petitioner, Angela T. Clay, by and through his counsel, Mark A. Mateya, Esquire and avers the following: 1. Petitioner is Angela T. Clay, who is an adult individual and the natural Mother of the minor children in this matter who resides at 16 Hilltop Drive, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Respondent, Steven D. Clay, is an adult individual and the natural Father of the minor children in this matter, who presently resides at 105 Bucher Hill Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the parents of KURTIS S. CLAY, born 6/24/2003, and REGINA M. CLAY, born 3/19/2007, (hereinafter children). 4. On February 7, 2012, a Protection From Abuse Order was entered against the Respondent herein, Stephen D. Clay. See Exhibit A. 4. On February 14, 2012, the parties participated in a custody conciliation, the result of which was an order of this Court, attached as Exhibit B. 5. Since this recent date, on several occasions, Respondent/Father has refused to allow children to participate in extracurricular events, even removing the children from events in progress, due to Mother's presence at these events. Father believes that he is in danger of violating the Protection From Abuse Order by being present at the same event as Mother 24k`,?7??/l n f] 6. Petitioner/Mother sought, unsuccessfully, to remedy this situation through counsel with an agreement which permitted both parents to attend children's extracurricular activities. 7. Petitioner/Mother sought the agreement of Respondent/Father in the filing of a stipulation addressing this issue. Respondent/Father's counsel has not responded and it is believed that Respondent/Father does not concur with the filing of this Motion. WHEREFORE, Petitioner requests this Court schedule a conciliation to address both parties attendance at the children's extracurricular activities in the Custody Order. Respectfully submitted, h1 . kK? Mark A. Mateya, squire Attorney ID No. 78931 55 West Church Ave Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Counsel for Angela Clay Date: t Sr ? VERIFICATION I, Angela T. Clay, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. gela T. Cl DATED: q- /?Z_ STEVEN D. CLAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NUMBER 00041 S 2010 V. ANGELA T. CLAY, PACSES CASE NUMBER 739111411 Defendant CERTIFICATE OF NON-CONCURRENCE I, Mark A. Mateya, Esquire, attorney for Defendant Angela T. Clay telephoned Laurie Saltzgiver, Esquire, Attorney for Plaintiff Steven D. Clay, and requested her concurrence in a Petition to Modify Custody, in the above-referenced matter. Attorney Saltzgiver did not give her concurrence or non-concurrence to the Petition. It is therefore believed that Attorney Saltzgiver does not concur with the filing of the Petition for Modification of Custody. Date: Respectfully submitted, ?"l Mark A. Mateya, uire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Temporary Protection From Abuse Order No: Page 1 of 4 TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Amended Order 11 Continued Order NO. t'2 _ S d 0 C` v i 1. PLAINTIFF Angela Treon Clay 11/11/1971 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Angela Treon Clay January 11, 1971 Kurtis Steven Clay June 24, 2003 Regina Marie Clay March 19, 2007 V. DEFENDANT Steven Douglas Clay First Middle Last Suffix Defendant's Address: 105 Bucher Hill Road Boiling Springs PA 17007 CAUTION: E]Weapon Involved 11 Weapon Present on the Property Weapon Ordered Relinquished DEFENDANT ID ENTIFIERS DOB 7/21/1965 HEIGHT 10 . in. SEX Male WEIGHT 160 RACE White EYES HAIR Gray or Partially Gray SSN DRIVERS LICENSE # EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ® Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. ® Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ® Additional findings of this order are set forth below. Order Effective Date Order Expiration Date NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. EXHIBIT A ve/temnorder_asn?TemnOrderlD=414846&cmdMove... 2/7/2012 . Temporary Protection From Abuse Order No: Page 2 of 4 AND NOW, on 7th Day of February, 2012 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 16 Hilltop Drive Mt. Holly Springs, PA 17065 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. CUSTODY THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Kurtis Steven Clay 2. Regina Marie Clay The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. 6. The following additional relief is granted: Other Relief- - Defendant shall not damage, destroy or dispose of, in any manner, any property owned jointly by the parties or solely by Plaintiff. 7. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Temporary Protection From Abuse Order No: Pennsylvania State Police - Carlisle Barracks Page 3 of 4 8. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 7, 2015 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third parry provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 5 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and anununition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. YI?tV??I?J?? r ?,s` ? ?1?,??? ???-??????l,.i BY THE COURT: Ste: . t I '..'. psi _4X60 Judge us/PFADLive/temporder.asp?TempOrderID=414846&cmdMove... 2/7/2012 Temporary Protection From Abuse Order No: Distribution to: Legal Services Transmitted to PSP DVS Sheriff for Service Page 4 of 4 4j Ij ?• - 69 Date TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at C lisle, Pa. This <' day of ' 20 Prothonotary PkAd r- do a httns://www. nfad. state.Da.us/PFADLive/temporder.asp?TempOrderID=414846&cmdMove... 2/7/2012 KtLt1 V tL1 MAK V ( LUIL ANGELA T. CLAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-4548 CIVIL ACTION LAW STEVEN D. CLAY, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this ,G day of March 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 2 Legal Custody: The Father, Steven D. Clay, and the Mother, Angela T. Clay, shall have shared' legal custody of Kurds S. Clay, born 06/24/2003 and Regina M. Clay, born 03/19/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. Both parents shall be entitled to fall participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extra-curricular activities, children's parties, musical presentations, back to school ni hts e e ' ` "` sch 3? - -' bn f ? .. ar iv ties .in vvhie '.'i r u?? ?, w ?: _ ,. .. p - -`t?t}'* - . I _ - ?? `' . or actYVity Each parent shall cooperate fully to ensure that the Children may attend the extra-curricular activities in which-he or she has been enrolled. Physical Custody: Mother shall have primary physical custody of the Children•subject to Father's physical custody as follows: a. Alternating weekends from Friday at 5:00 pm until Sunday at 5:00 pm. b. Father shall custody of Kurtis every Tuesday and Thursday from 4 pm until 8 pm. 8:00 pm with Father picking up Regina from grandmother at 9 am and then dropping the Children off to Mother at 8:00 pm. `? "A tlonall as?inak`e? tim-, -Father shall have Easter weekend:2012: - X?? y, -- p ___??_._ _. ._ _..- --_.__ _ . ____._ _...._. :urn e. If Father is aware that he is unable to exercise periods of custody, Father shall notify Mother at least a week prior to the scheduled custodial period; otherwise in the event of an unexpected obligation whereby he is unable to assume custody, he shall give Mother at least 48 hours notice prior to the scheduled custodial period. f. In the event Father resumes employment and is unable to watch Regina during the day or Easter 2012, whichever occurs first, , trial g. Absent agreement otherwise or specified above, the transportation shall be shared such that the receiving party shall transport. All exchanges shall occur in a peaceful civil manner with no confrontations. h. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties are. strongly encouraged to engage in family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4: The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. If the non-custodial parent calls the Children and must leave a message for the Children to return the call, the custodial parent shall assure that the Children return the telephone call within a reasonable time. 5. Holidays: The parents shall•arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have one full week of physical custody in the summer to be taken in conjunction with their weekend. The requesting parent shall give the other parent 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 this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children 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. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible; both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal 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 complywith this provision. 11. The parents shall ensure that no guns of any nature, including starter pistols, be permitted in the presence of the Children. 12. Relocation. The parties are advised that neither parry shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S §5337. 13. 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: ourt, J. Distribution: -,, Mark Mateya, Esquire =M ter` Laurie Saltzgiver, Esquire, 410 North Second Street, P.O. Box 1062, Harrisburg, PA 1 C) John J. Mangan, Esquire r-G CD ma c, M. F TIM. -- TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seat of said Court at Carl le, Pa. This day of .a 20 ?0?• Prothonotary w J. TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter Day 1"Half From 9 am until 3 m Mother Father Easter Day 2° Half From 3 m until 9 m Father Mother Memorial Day From 9 am until 9 'm Father Mother Independence Da From 9 am until 9 m Mother Father Labor Da From 9 am until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 9 am Thanksgiving Day to 3 Mother Mother Half m on Thanks 'ying.Day _ Thanksgiving 2n From 3 pm on Thanksgiving Day to Father Father half 9 m Thanksgiving Da Christmas 1 S Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2n Half From noon on 12/25 to noon on Father Mother 12/26 -?, ? Father ati???):?;??:;??;?:y: •ti?;; ::?9dd.:Betermn ......... . Mother's Day _ From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father ¦ ---- should have the language that if a non- agreement is rendered a legitimate reason must be given. activi? in whi& ate or abe baa been mollc& E----This should only say: "On Tuesday and Thursday Father shall have custody of Regina from 9:00am to 8:00pm with Father picking Regina up from grandmother and then returning the Children off to Mother at 8:00pm The language below needs to be removed it was not what was agreed to: C. 0---- until 3:00pm Sunday needs to be added since this was included then include all the details of it. d. 00, x--T 12; Wa-n 8.00 pm wtkftt w picking up ,e&& firm grandao&w at 9 am ad dm ;iujz the Children off to Monier at 8:00 pm. 1-1 0---- Father shall have custodial periods with both Children every Tuesday and Thursday from 4pm to 8pm (instead of the schedule outlined above in 2C). (needs added) In the wont Father resumes employment and is unable to watch Regina during the day or Laster 2012, whichever occurs first, 0--- New Year's was never in the order before and was not ever discussed. So it should be removed. 0 ---- should have the language that if a non- agreement is rendered a legitimate ac&it#ies in witiuzh-k aar aahey has beam emr Ua& W---This should only say: "On Tuesday and Thursday Father shall have custody of Regina from 9:00am to 8:00pm with Father picking Regina up from grandmother and then returning the Children off to Mother at 8:00pm The language below needs to be removed it was not what was agreed to: C. 0---- until 3:00pm Sunday needs to be added since this was included then include all the details of it. y. `i?''e fit; ???,? ? ?"?" reason must be given. 8:00 pm wflh.Fathar piddug up ftgma Ut m gmndma:rtn w at Y am aaw m= da oopkie &e G dran of to der at S:.DO pat. 4A W--- Father shall have custodial periods with both Children every Tuesday and Thursday from 4pm to 8pm (instead of the schedule outlined above in 20 (needs added) f In the event Father resumes employment and is unable to watch Regina during the day or Easter 201.2, whichever ow ms first, M--- New Year's was never in the order before and was not ever discussed. So it should be removed. CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Laurie A Saltzgiver Esq Meyers Desfor Saltzgiver & Boyle 410 N Second Street PO Box 1062 Harrisburg PA 17108 Mark A. Mateya, Esq re 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: I ANGELA T. CLAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (2? V. STEVEN D. CLAY, Defendant Prior Judge: Edward E. Guido, J. No. 08-4548 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of Mareh 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Steven D. Clay, and the Mother, Angela T. Clay, shall have shared legal custody of Kurtis S. Clay, born 06/24/2003 and Regina M. Clay, born 03/19/2007. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extra-curricular activities, children's parties, musical presentations, back to school nights, and the like. Both parents shall agree on the extra-curricular activities in which the Children are enrolled prior to starting or enrolling either Child in any program or activity. Each parent shall cooperate fully to ensure that the Children may attend the extra-curricular activities in which he or she has been enrolled. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Alternating weekends from Friday at 5:00 pm until Sunday at 5:00 pm. b. Father shall custody of Kurtis every Tuesday and Thursday from 4 pm until 8 pm. C. On Tuesday and Thursday, Father shall have custody of Regina from 9:00 am until 8:00 pm with Father picking up Regina from grandmother at 9 am and then dropping the Children off to Mother at 8:00 pm. d. Additionally, as make up time, Father shall have Easter weekend 2012. The weekend shall be from Friday 5:00 pm until Sunday 5:00 pm. e. If Father is aware that he is unable to exercise periods of custody, Father shall notify Mother at least a week prior to the scheduled custodial period; otherwise in the event of an unexpected obligation whereby he is unable to assume custody, he shall give Mother at least 24 hours notice prior to the scheduled custodial period. f. In the event Father resumes employment and is unable to watch Regina during the day or Easter 2012, whichever occurs first, Father shall have custodial periods with both Children every Tuesday and Thursday from 4 pm until 8 pm instead of the schedule outlined above in 2 c). Father shall provide the transportation for these specified periods. g. Absent agreement otherwise or specified above, the transportation shall be shared such that the receiving party shall transport. All exchanges shall occur in a peaceful civil manner with no confrontations. h. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties are strongly encouraged to engage in family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. If the non-custodial parent calls the Children and must leave a message for the Children to return the call, the custodial parent shall assure that the Children return the telephone call within a reasonable time. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have one full week of physical custody in the summer to be taken in conjunction with their weekend. The requesting parent shall give the other parent 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 this vacation time by mutual agreement. 7. In the event the custodial parent should take the Children 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. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal 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. 11. The parents shall ensure that no guns of any nature, including starter pistols, be permitted in the presence of the Children. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. 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, J. C J Distribution: Mark Mate a E i r .x y , squ res ? Laurie Saltzgiver Esquire 410 North Second Street P.O. Box 1062 Harrisburg PA 1 , , , , , U ? John J. Mangan, Esquire lop hAAd ed q'I alia TIMES EVEN ODD HOLIDAYS AND SPECIAL DAYS YEARS YEARS Easter Da 1 st Half From 9 am until 3 m Mother Father Easter Day 2° Half From 3 m until 9 m Father Mother Memorial Day From 9 am until 9 m Father Mother Independence Da From 9 am until 9 m Mother Father Labor Da From 9 am until 9 m Father Mother Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1st Half From 9 am Thanksgiving Day to 3 m on Thanksgiving Day Mother Mother Thanksgiving 2n half From 3 pm on Thanksgiving Day to 9 m Thanksgiving Day Father Father Christmas 1st Half From noon on 12/24 to noon on 12/25 Mother Father Christmas 2° Half From noon on 12/25 to noon on 12/26 Father Mother Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4548 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kurtis S. Clay 06/24/2003 Primary Mother Regina M. Clay 03/19/2007 Primary Mother 2. An Order issued March 06, 2009, an Order issued June 28, 2010 and a Conciliation Conference was held with regard to this matter on February 14, 2012 with the following individuals in attendance: The Mother, Angela Clay, with her counsel, Mark Mateya, Esq. The Father, Steven Clay, with his counsel, Laurie Saltzgiver, Esq. 3. The parties agreed to the entry of an Order in the form as attached. j 2--- - '-? Date ,r-i v--4 T C n Q: cl-i 1- CJ C\.1 ANGELA T. CLAY PLAINTIFF V. STEVEN D. CLAY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-4548 CIVIL ACTION LAW _0 r ? C-0 . 0- IN CUSTODY •?y M.V -:0 C.0 C ORDER OF COURT ? AND NOW, Friday, April 13, 2012 , 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 Friday, May 11, 2012 at 10:30 AM 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: /s/ john j. Mangan, jr., 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 • CPf4 cop y M67d Lod ' COP y waked 10 • Copy F laced n ?Wy,rale?a Le W- FILED-OFFICE { HE PR0TH,0N0 TA 2012 MAY -4 PM 2: 02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND C?jt!V?NIA ANGELA T. CLAY, NO. 2008-4548 Plaintiff, V. CIVIL ACTION - LAW STEVEN D. CLAY, Defendant. ACTION IN CUSTODY PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as the attorney of record for the Defendant, Steven D. Clay, in the above captioned matter. Respectfully submittq!C' 3 0 I By: \N?\'\\\ \\\ )V? Date Laurie tzgive Es ' e Attorney for Defendant 410 North Second Street Post Office Box 1062 Harrisburg, PA 17108 Please enter my appearance in the above captioned matter on behalf of Defendant, Steven D. Clay. Correspondence may be directed to me at the address below. Respectfully submitted, MOONEY & ASSOCIATES- AN (Z B . Date Jeff R. c , ire Attorney for Defendant I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 ANGELA T. CLAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA CZ ? `rl V. 2008-4548 CIVIL ACTION LAW zM fZ --? r ?? STEVEN D. CLAY r to att. DEFENDANT IN CUSTODY Cam' c 2 ; ?• >C ? w t i nj ORDER OF COURT AND NOW, Monday, July 04, 2012 upon consideration of the attached Co mplai? it, 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 Tuesday, August 07, 2012 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp te; or if this cannot be accomplished. to define and narrow the issues to be heard by the court, and to enter into a tem orary order. Failure to appear at the conference may provide grounds for entry ofa 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: /s/ John I Man an r., Esq , Custody Conciliator I The Court of Common Pleas of Cumberland County is required by law to comply with the Amer 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 arrangemc must be made at least 72 hours prior to any hearing or business before the court. You must attend the sche 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 ??ohn Cal, re") C P, /yJa{eya, 1'sf. ?/9 iz 1 ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4548 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 4ay of July 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Steven D. Clay, and the Mother, Angela T. Clay, shall have s] legal custody of Kurtis S. Clay, born 06/24/2003 and Regina M. Clay, born 03/19/2007. T parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their he education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be en to all records and information pertaining to the Children including, but not limited to, med dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that p 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 pare Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Children. Each parent shall b entitled to full and complete information from any physician, dentist, teacher or authority copies of any reports given to them as parents including, but not limited to: medical recot birth certificates, school or educational attendance records or report cards. Additionally, c parent shall be entitled to receive copies of any notices which come from school with reg? school pictures, extra-curricular activities, children's parties, musical presentations, back school nights, and the like. Both parents shall agree on the extra-curricular activities in w the Children are enrolled prior to starting or enrolling either Child in any program or acti-, Each parent shall cooperate fully to ensure that the Children may attend the extra-curricul activities in which he or she has been enrolled. Each party is encouraged to attend extracurricular events for their Children, including but limited to wrestling, soccer, football, dancing, gymnastics, or similar events, school plays other school functions, and any other extracurricular event. If either party chooses to sen coach, director, or leader or organizer of any extracurricular activities for either Child, th, choice will not change the nature of this Order for either party. This Order is issued in fu understanding of the Protection From Abuse Order currently in place. The parties will nc interact with each other and shall not take unfair advantage of the other's presence to clai transgression of the Protection From Abuse Order, or in any manner whatsoever, at these extracurricular events. The reason for this provision of the instant Order is to provide eac parent with the opportunity to support and encourage their Children at these events. tled to as 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Alternating weekends from Friday at 5:00 pm until Sunday at 5:00 pm. b. Father shall custody of Kurtis every Tuesday and Thursday from 4 pm until I pm. C. On Tuesday and Thursday, Father shall have custody of Regina from 9:00 a#1 until 8:00 pm with Father picking up Regina from grandmother at 9 am and hen dropping the Children off to Mother at 8:00 pm. d. Additionally, the parents have agreed to switch two of their respective weekends whereby Father has 07/27/12- 07/29/12 and Mother has 08/03/12-08/05/12. The weekends shall be from Friday 5:00 pm until Sunday 5:00 pm. e. If Father is aware that he is unable to exercise periods of custody, Father shall notify Mother at least a week prior to the scheduled custodial period; othe se in the event of an unexpected obligation whereby he is unable to assume custody, he shall give Mother at least 24 hours notice prior to the scheduled custodial period. f. In the event Father resumes employment and is unable to watch Regina durig the day or Easter 2012, whichever occurs first, Father shall have custodial periods with both Children every Tuesday and Thursday from 4 pm until 8 m instead of the schedule outlined above in 2 c). Father shall provide the transportation for these specified periods. g. Absent agreement otherwise or specified above, the transportation shall be shared such that the receiving party shall transport.. All exchanges shall occ r in a peaceful civil manner with no confrontations. h. Father shall have physical custody of the Children at such other times as th? parties may mutually agree. 3. Counseling: The parties are strongly encouraged to engage in family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payr through insurance, shall be split equally between the parties. 4. The non-custodial parent shall have liberal telephone contact with the Children on a rea basis. If the non-custodial parent calls the Children and must leave a message for the C to return the call, the custodial parent shall assure that the Children return the telephone within a reasonable time. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise agreed upon. 6. Each parent shall have one full week of physical custody in the summer to be taken in conjunction with their weekend. The requesting parent shall give the other parent 30 day 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 pa first providing written notice shall have the choice of vacation. Prior to departure, the pa will provide each other with information regarding the intended vacation destination and telephone number at which they can be reached during their vacation. The parties may e this vacation time by mutual agreement. Vacation week is defined as seven consecutive overnights from Saturday until the following Saturday. 7. In the event the custodial parent should take the Children out of state, the custodial parent small 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. Neither party may say or do anything nor permit a third party to do or say anything that ma estrange the Children from the other party, or injure the opinion of the Children as to the of party, or may hamper the free and natural development of the Children's love or affection f the other party. To the extent possible, both parties shall not allow third parties to disparal the other parent in the presence of the Children. 9. In the event of a medical emergency, the custodial party shall notify the other parties as as possible after the emergency is handled. 10. During any periods of custody or visitation, the parties shall not possess or use illegal 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. 11. The parents shall ensure that no guns of any nature, including starter pistols, be permitted i the presence of the Children. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S §5337. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may the provisions of this Order by mutual consent. In the absence of mutual consent, the t this Order shall control. B e ou , J. N Distribution: =':?o r- ? Mark Mateya, Esquire ? Jeff Lawrence, Esquire , C; John J. Mangan, Esquire a ? e- gyp; PS ? u, led `7l gl is c-n of ti Jr" T CTl ?,;, o-, cy? HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS _ Easter Day 1St Half From 9 am until 3 m Mother Father Easter Day 2" Half From 3 pm until 9 pm Father Mother Memorial Day From 9 am until 9 pm Father Mother Independence Day From 9 am until 9 m Mother Father Labor Day From 9 am until 9 m Father Mother Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 9 am Thanksgiving Day to 3 pm on Thanksgiving Day Mother Mother Thanksgiving 2" half From 3 pm on Thanksgiving Day to 9 m Thanksgiving Day Father Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Mother Father _ Christmas Half From noon on 12/25 to noon on 12/26 Father Mother Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father ANGELA T. CLAY, Plaintiff V. STEVEN D. CLAY, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-4548 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCED 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Cu Kurtis S. Clay 06/24/2003 Primary Mc Regina M. Clay 03/19/2007 Primary Mc 2. An Order issued March 06, 2009, an Order issued June 28, 2010, a Conciliation Conference was held with regard to this matter on February 14, 2012, an Order issL April 05, 2012 and conference was held June 19, 2012 the following individuals in attendance: The Mother, Angela Clay, with her counsel, Mark Mateya, Esq. The Father, Steven Clay, with his counsel, Jeffrey Lawrence, Esq. 3. The parties agreed to the entry of an Order in the form as attached. --7 //?? 7Z Date John J. Man an, Esquire Custo C nciliator of ANGELA T. CLAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO.2008-4548 CIVIL ACTION-LAW , STEVEN D. CLAY, : *€ C= Defendant : IN CUSTODY ' C:) , ORDER OF COURT C::� N) AND NOW,this 18th day of July, 2013, in that a conciliation conference has not been requested,the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, acq ine M. Verney, Esquire, Custody onciliator