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HomeMy WebLinkAbout09-2103REBECCA MARIE ZAWISKY-COLEMAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, VS. MICHAEL SHANNON COLEMAN, DEFENDANT : NO.Of-alo3 CIvEL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 REBECCA MARIE ZAWISKY-COLEMAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, VS. NO. O 'Y-; CIVIL TERM MICHAEL SHANNON COLEMAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, REBECCA MARIE ZAWISKY-COLEMAN, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is REBECCA MARIE ZAWISKY-COLEMAN, an adult individual, who resides at 20 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is MICHAEL SHANNON COLEMAN, an adult individual, who resides at 527 South Pitt Street, Apt. 17, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on September 9, 2000. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant were ever members of the United States Military Service. 9. Plaintiff and Defendant have two (2) children from their marriage, MICHAEL ANTHONY COLEMAN, born March 10, 2001 and ALEXANDRA MARIE COLEMAN, born on July 2, 2002. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, REBECCA MARIE ZAWISKY-COLEMAN, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT H - REQUEST FOR CONFI RADON OF CUSTODY UNDER SECTIONS 3104aQ and 3323(b) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of the following minor children who reside with the Plaintiff and the Defendant at this time: NAME MICHAEL ANTHONY COLEMAN AGE SEX DATE OF BIRTH 8 years Male March 10, 2001 ALEXANDRA MARIE COLEMAN 6 years Female July 2, 2002 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM / TO Plaintiff and Defendant Plaintiff and Defendant Plaintiff 170 Townsend Drive Hummelstown, PA 20 Hemlock Drive Mechanicsburg, PA 20 Hemlock Drive Mechanicsburg, PA 2002 to October, 2004 October 2004 to July 1, 2008 July 1, 2008 to Present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of their children. WHEREFORE, Plaintiff, REBECCA MARIE ZAWISKY-COLEMAN, requests this Honorable Court grant Plaintiff, REBECCA MARIE ZAWISKY-COLEMAN, and Defendant, MICHAEL SHANNON COLEMAN, Shared Legal Custody of the minor children, MICHAEL ANTHONY COLEMAN and ALEXANDRA MARIE COLEMAN and Plaintiff, REBECCA MARIE ZAWISKY-COLEMAN, Primary Physical Custody and Defendant, MICHAEL SHANNON COLEMAN, Partial Physical Custody, of the children, MICHAEL ANTHONY COLEMAN, and ALEXANDRA MARIE COLEMAN, as in the children's best interest. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: April; 2009 S-`assn Kay Candi T PA qui Counsel for Pla' ti, I.D. # 6499 4010 Glenf e Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: 04- Oa- 3p0q PJ gyp- 'mom ?c rti REBECCA MARIE ZAWISKY-C EMAN C? dA- -L Us t11 r?; ?.ar 0 C- -t- ca ra 1 REBECCA MARIE ZAWISKY-COLEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL SHANNON COLEMAN DEFENDANT 2009-2103 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, May 07, 2009 at 12:00 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/ Dawn S. Sunda 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 4F THE C)MI NOTARY 2009 APR -8 PM 3= 17 f;t1m6c7:l...A ,i ' . r4.J1. N J PENNSYLVANIA ?l Re D? G ?t` ?v r Y REBECCA MARIE ZAWISKY-COLEMAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, VS. MICHAEL SHANNON COLEMAN, DEFENDANT : NO. 2009-2103 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on April 16, 2009, comes, SUSAN KAY CANDIELLO, who states as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. 1 represent Rebecca Marie Zawisky-Coleman, Plaintiff in the above-captioned matter. 3. On April 13, 2009, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7008 3220 0002 2511 7089, and addressed to the Defendant, Michael Shannon Coleman, 527 South Pitts Street, Apt 17, Carlisle, Pennsylvania, 17013. 4. The return receipt card signed by the Defendant, Michael Shannon Coleman, showing a date of service of April 15, 2009, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P. 403. SUSAN KAY LO, Counsel for aint ff O ,+ {# .. ? [ ??.. . ? ? V 1 ? r C :. r ? , , f i yy,, i n' ? j? ? •. t?: ?. '.Y r ? 1 i ? ? !'- ? ., ?? .. .- . V ¦ Conhpbte Items 1, 2, and & Also complete A. kem 4 N Restricted Detlvery is deelred. X ¦ Print your norm and address on the reverse so that we can return the cord` o you. ¦ Attach this card to the back of the mall*ce, or on the front if space penntts. 1. Ardds Addressed to: ?'?, .`` s 677 S, Pets PA 'a.? R 0.L3 (A6Med Name) Apsnt D. Is d*my address dlfww t horn asrn 1? 0 Yes N YES, enter ddvery address bM w: -,-VrNo Chloomwed o o t4rtum R.osipe for bi«ah.ndlse O Irmmw and O C.O.D. 4. Rssbictsd Del aW XAv Fast) Cl Yes a AtacMNYntOM (iemerr ftm asrvios h6o 7008 3230 0002 2 511 7089 PS Fam 9811, FeWUwy 2004 Domewc Return Receipt varewse ts?o Exhibit "A" OF TIME F.,OTARY 2009 APR 17 Pli 2: 00 APR 17 20096, REBECCA MARIE ZAWISKY-COLEMAN Plaintiff VS. MICHAEL SHANNON COLEMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-2103 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 13th day of April, 2009 , the conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for May 7, 2009 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator f li 4J a E 1 iV THE 1 '? . 7"",;( t?' F ,PY 2009 APR 21 AN 10: 15 G'U ? .. T . REBECCA MARIE ZAWISKY-COLEMAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, VS. : NO. 2009-2103 CIVIL TERM MICHAEL SHANNON COLEMAN, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is REBECCA MARIE ZAWISKY-COLEMAN, who currently resides at 20 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant (hereinafter sometimes referred to as "Father") is MICHAEL SHANNON COLEMAN, who currently resides at 527 Pitts Street, Apt 17, Carlisle, Cumberland County, Pennsylvania, 17013. MICHAEL ANTHONY COLEMAN (hereinafter sometimes referred to as "Michael"), born on March 10, 2001, and ALEXANDRA MARIE COLEMAN (hereinafter sometimes referred to as "Alexandra"), born on July 2, 2002, are the subjects of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, REBECCA MARIE ZAWISKY-COLEMAN, and Defendant, MICHAEL SHANNON COLEMAN, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, MICHAEL ANTHONY COLEMAN and ALEXANDRA MARIE COLEMAN. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other 2 in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their children attends as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 3 10. Mother Shall have Primary Physical Custody and Father Shall have Partial Physical Custody of their minor children, Michael Anthony Coleman and Alexandra Marie Coleman, according to the following schedule: A. Father shall have the children every other weekend beginning Friday at 8:00 am. through 8:00 a.m. Monday morning. Father may request to have the children at other evenings during the week, when they are not involved in any extracurricular activities and if Father takes responsibility to give the children dinner and assist them with their homework, with twenty-four (24) hours notice to Mother; B. The parties shall alternate the following holidays. Father shall have the even numbered holidays and Mother the odd numbered holidays in the even numbered years. To alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Memorial Day; 3) Independence Day; 4) Labor Day. C. Easter: Father shall always have the children the Saturday before Easter Sunday from 9:00 am. through 7:00 p.m. Mother shall always have the children the Saturday evening before Easter at 7:00 p.m. through Easter Sunday at 8:00 p.m. If the children have the Monday after Easter Sunday as vacation from school, Father may request to have the children on the Monday after Easter. 4 D. Thanksgiving: Mother and Father shall alternate Thanksgiving with Mother getting Schedule B in the even numbered years and schedule A in the odd numbered years. Father shall have Schedule B in the odd numbered years and schedule A in the even numbered years, to alternate annually thereafter. A. To begin the Wednesday evening before Thanksgiving after school through Thanksgiving Day at 1:00 p.m. B. To begin Thanksgiving Day at 1:00 p.m. through the day after Thanksgiving at 1:00 p.m. E. Christmas: Mother shall always have the children Christmas Eve at 4:00 p.m. through Christmas Day at 2:00 p.m. Father shall always have the children Christmas Eve from 9:00 a.m. through 4:00 p.m. and Father shall always have the children on Christmas Day from 2:00 p.m. through December 20h at 2:00 p.m. F. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day; G. Mother and Father shall each have the option of requesting one to two (1-2) consecutive weeks of vacation during the year with their children, providing a minimum of thirty (30) days' notice of the time requested is given to the other party; H. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All s permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; 1. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. 11. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc„ in which their children have become involved. 12. Mother and Father agree to provide each other with current information regarding their children. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency their children interact with. 13. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their children. 14. Mother and Father agree to share transportation equally. The parent beginning their period of custody shall get the children. Mother and Father must always transport the children in appropriate and safe child car seats. 15. Mother and Father agree to provide each other with written notice of their intent to relocate a minimum of ninety (90) days prior to their move. lb. If the parties disagree and/or are unable to reach a joint decision regarding their children, they agree to utilize either Counseling or Mediation to assist them to reach a resolution before resorting to seeking a resolution through the court system; 6 17. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing REBECCA MARIF,,ZAWI(SKY-eOLEMAN COLEMAN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the day of May, 2009, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when REBECCA MARIE ZAWISKY-COLEMAN and MICHAEL SHANNON COLEMAN, whose names are subscribed to the within Stipulation for Custody, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Lary Public hollow 11Mr_ 11?? My Commission Expires: ?r???liM? M NN and signed by both parents. FILED--C,i=F!C,-: O Pry; j.y,- ;ICY 2009 MA Y I 1 !: 2 0 Cttha ? ??t?-?? y ll. t b4-4210S MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this _ day of , 2009, by and between REBECCA MARIE ZAWISKY-COLEMAN and AEL SHANNON COLEMAN. RECITALS Wife's Birthday and Social Security Number: May 3, 1974 xxx-xx-1086 Husband's Birthday and Social Security Number: July 31, 1970 xxx-xx-1963 Date of Marriage: September 9, 2000 Place of Marriage: Niagara Falls, New York Last Marital Residence: 20 Hemlock Drive, Mechanicsburg, Pennsylvania, 17055 Date of Separation: July 1, 2008 Children: The parties have two (2) children from this marriage: Michael Anthony Coleman, born on March 10, 2001 and Alexandra Marie Coleman, July 2, 2002. Pending Court Proceedings: None Divorce Court of Common Pleas No. 2009-2103 Civil Term of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 4010 Glenfmnan Place, Mechanicsburg, PA 17055 or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Michael Shannon Coleman, 527 Pitts Street, Apt 17, Carlisle, Pennsylvania, 17013, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing parry is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value The parties jointly own real property and a marital residence located at 20 Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Husband and Wife have agreed Wife shall keep the marital residence. There is little, if any equity in the marital residence. 7 There is presently a mortgage on the marital residence with American Home Mortgage. Wife may have a maximum of two (2) years from the date of the execution of this Agreement to refinance the mortgage on the marital residence causing Husband's name to be removed from the mortgage on the marital property. Husband agrees to sign a deed transferring his right, title and interest in the marital residence to Wife and to sign all documents necessary to remove his name from the mortgage, at the time Wife is able to refinance the mortgage on the marital residence. Wife shall be responsible for filing the new deed to the marital residence. The marital residence shall thereafter be the sole and exclusive property of the Wife. When Wife has been able to refinance the mortgage into her name alone, Wife shall be responsible for all taxes, insurance, loans, liens and mortgages on the marital residence. During the time from the date of the execution of this Agreement and until Wife has refinanced the marital residence, Wife shall be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. 3. MOTOR VEHICLES A. Wife shall keep the 2006 Honda Accord, now titled in Wife's name alone. There is a loan on this vehicle with Pennsylvania State Employees Credit Union in Wife's name alone. . Wife agrees to be solely responsible for all insurance and expenses for this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Wife. B. Husband shall keep the 2000 Chevrolet Ventura, which is titled jointly in Husband and Wife's names. There is a loan on this vehicle with Pennsylvania State Employees Credit Union jointly in Husband and Wife's names. Husband agrees to be solely responsible for all loan payments, insurance and expenses for this vehicle. This vehicle shall be considered as the sole and exclusive property of Husband. Husband may have a maximum of four (4) years to refinance this vehicle loan into his name alone. Wife shall at the time Husband is able to refinance the loan for this vehicle into Husband's name alone, execute any and all documents necessary to accomplish this transfer into Husband's name. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 4. BANK ACCOUNTS The parties had joint checking and savings accounts with Pennsylvania Employees State Credit Union and PNC Bank. The parties have closed these accounts and used the monies from the accounts to pay marital debt. Husband and Wife have opened separate and individual checking and savings accounts. Husband has a checking and savings account with Member's First Bank. Wife has a checking and savings account with PNC Bank. Husband and Wife hereby agree to specifically release and waive any and all interest, claim or right they may have in each other's checking and savings accounts. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 5. RETIREMENT INTEREST Husband has no retirement. Wife has a TIAA-CREF retirement through her employer. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's retirement through her employer. 6. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Mortgage on the marital residence with American Home Mortgage Company. Wife shall assume the mortgage on the marital residence removing Husband's name from the mortgage in accordance with the terms under paragraph #2; 2) Bank of America credit account, in Husband's name alone, with an approximate value of $9,960.00. Husband agrees to be solely responsible for this loan; 3) Capital One credit account, in Husband's name alone, with an approximate value of $2,491.00. Wife agrees to be solely responsible for this loan. 4) CHASE credit account, in Husband's name alone, with an approximate value of $3,011.00. Husband agrees to be solely responsible for this loan. 5) CHASE Bank USA, in Husband's name alone, with an approximate value of $2,242.00. Husband agrees to be solely responsible for this loan. 9 6) Citi Upromise, in Wife's name alone, with an approximate value of $5,300.00. Wife agrees to be solely responsible for this loan. 7) Citi, in Husband's name alone, with an approximate value of $6,667.00. Husband agrees to be solely responsible for this loan. 8) Discover, in Husband's name alone, with an approximate value of $6,411.00. Husband agrees to be solely responsible for this loan. 9) HSBC, in Husband's name alone, with an approximate value of $3,972.00. Husband agrees to be solely responsible for this loan. 10) Kohls, in Husband's name alone, with an approximate value of $1,850.00. Husband agrees to be solely responsible for this loan. 11) Citi, in Husband's name alone, with an approximate value of $1,554.00. Husband agrees to be solely responsible for this loan. 12) Washington Mutual ESPN, in Husband's name alone, with an approximate value of $9,500.00. Wife agrees to be solely responsible for this loan. 13) Washington Mutual Providian, in Husband's name alone, with Wife as an authorized user, with an approximate value of $8,000.00. Wife agrees to be solely responsible for this loan. 14) Washington Mutual Providian, in Wife's name alone, with an approximate value of $7,200.00. Wife agrees to be solely responsible for this loan. 15) American Express through Bank of America, in Wife's name alone, with an approximate value of $989.00. Wife agrees to be solely responsible for this loan. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. LIFE INSURANCE Husband does not have any life insurance. Wife has a life insurance policy through her employer. Husband agrees to release any right, title or interest he may have in Wife's life insurance policy. Wife agrees to make the children equal beneficiaries of her life insurance policy. 10 8. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 9. AFTER ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. RELEASE OF SUPPORT AND ALIMONY / ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they 11 may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 11. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 12. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. REBECCA MARIE ZA I Y-COLEMANA, WIFE MIC L N OLEMAN, HUSBAND 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: On this, the V?- day of , 2009, before me, a Notary Public, the - - ?W --- undersigned officer, personally appeared USAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when REBECCA MARIE ZAWISKY-COLEMAN and MICHAEL SHANNON COLEMAN, whose names are subscribed to the within Marital Property Settlement Agreement, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. s? No" MAWM CWANK WD Oowm Mr CWA NOM ?t hb 1& MIS uiv- %A?? otary Publi My Commission Expires: 13 REBECCA MARIE ZAWISKY-COLEMAN, : IN THE COURT OF COMMON PLEAS VS. MICHAEL SHANNON COLEMAN, DEFENDANT : NO. 2009-2103 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, MICHAEL SHANNON COLEMAN, do hereby acknowledge that I am the Husband in this divorce action. I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to an of the Marital Property Settlement Agreement. „ Date: , 2009 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS: the issue On this, the - VKday of May, 2009 before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily Proven) to be a member of the bar of the highest court of said State and subscribing witness to the within instrument, and certified she was personally present when MICHAEL SHANNON COLEMAN, whose name is subscribed to the within Waiver of Right to Counsel for Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. r.n..r OjAt NOW *VAN A N&~ "ON* Via" IN?f11N ne cowl Mr Or?w?? MMr??1M I? !1t= oAary Publi My Commission Expires: EXHIBIT "A" FILE THE 20H MAY MAY 12 2000(n REBECCA MARIE ZAWISKY-COLEMAN, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, VS. NO. 2009-2103 CIVIL TERM MICHAEL SHANNON COLEMAN, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, REBECCA MARIE ZAWISKY- COLEMAN, and Defendant, MICHAEL SHANNON COLEMAN, shall SHARE LEGAL CUSTODY and Plaintiff, REBECCA MARIE ZAWISKY-COLEMAN, shall have PRIMARY PHYSICAL CUSTODY and Defendant, MICHAEL SHANNON COLEMAN shall have PARTIAL PHYSICAL CUSTODY of their minor children, MICHAEL ANTHONY COLEMAN and ALEXANDRA MARIE COLEMAN, in accordance with the language contained in the within Stipulation. BY THE COURT, J. CI THE: f Y 21119 IMAY 13 AH 10: 14 pr, REBECCA MARIE ZAWISKY-COLEMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL SHANNON COLEMAN NO. 2009-2403 DIVORCE DECREE AND NOW, ~vc~ ~ iZ-, uo , it is ordered and decreed that REBECCA MARIE ZAWISKY-COLEMAN ,plaintiff, and MICHAEL SHANNON COLEMAN ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente life if any economic claims remain pending. The court retains jurisdiction of any Gaims raised by the parties to this action far which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.°) /(~ow~- By the court, G~~ ,, ,: ~. G~: ~l° _/y ~0~.. Y~ ~. 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'Yaw l S t�-C o 11 �CcGt: Plaintiff Vs File No. 0°1-02-103 Col�vhan � 6u1iG%a,( • c) Defendant r r"— ...< NOTICE TO RESUME PRIOR SURNAME rD IN DIVORCE Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated �6 l2 20©q hereby elects to resume the prior surname of (} [AD j S , and gives this written notice avowing his / her intention pursuant to the provisi s of 5 P.S. 704. Date:�, a� oZ0 - lJ'� m�� N) Signature COMMONWE LTH OF PENNSYLVANIA ) COUNTY OFCIIA4&time: On thenay of Signature of name being resum Signature of name being resum e? C O.Gt b e r- , 204Y, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. • rotho otary or Notary Public Prothonotary, Cumberland County,;Carlsle, PA My Commission Expires the First Monday of Jan. 2018