Loading...
HomeMy WebLinkAbout96-01145 ,~ , , ~ ~ ,! " , ~ ~i ~~ '", ". i I A ~ , 'l:~ j 1 '~ 'I 1 4! :1 ,-:1- '~ j ~' J J ~,) ~~ ~~~ "l LAW OFFICES IRWIN McKNIGHT & HUGHES ffOGER 8 IRWIN AMRCUS A. McJ(N/(JnT 11/ JAMES 0 HtJlJHES REBECCA Ii Hf.K'~:J Mo4RKO SCHwAN" WES T POMFRET PROFESSIONAL BUILDING dO WEST POMFRET STREET CARLISLE. PENNSYL VANIA 17013,3222 (717) 249-2:153 FAX (711) 249-tiJ54 rlAOOtVS IRWIN (1ii15-'~1f) HAllOWS IRWIN.JR ('~.'~J IHWIN.IRWIN,IIRWtN I'~I_J IRWIN, IRWIN.t AklfNlOHT II~JM.I/HNJ IRWIN A,kJ(/'J/OHT.j HI,aMES /liM. } October 1'1. 1999 THE HONORABLE KEVIN A. HESS CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 RE: NARSH.... CRAWFORD Dear Judge Hess: This corrcspondence is in response to Attorney Grime's correspondence dated October IS, 1999. in the above-captioned matter, Again, there must have been some misunderstanding during our conference call by virtue ofthe very nature of Attorney Grillie's correspondence. Specifically, I was of the understanding that two (2) issues were to be addressed. namely specific times tor holiday cxchanges, and counseling. Contained within Attorney Griftie's tour-page correspondence is additional testimony and attempts to renegotiate a final order relative to the basic custody schedule. This is clearly inappropriate and outside the instruction as given by this Court, I certainly hope that this Court views Ihis correspondence as another attempt to delay the expanded visits which are currently ordL'I'ed. With reference to counseling, Mr. Narsh has contacted the office of Dr. Schneider and indeed Mr. Narsh's insurance will cover his services, That would leave a $10.00 co-pay for the parties to split. However. in the event Mr, Narsh's insurance coverage would change or some problem would arise with Dr, Schneidcr, we are suggesting that language relating to a mental health provider be used rather than specific names. In the event that Dr. Schneider is utilized, Mr. Narsh is suggesting that the appointments be conducted in Harrisburg at 3:30 p,m. for the following reasons: I. Philip gets out of school - in Harrisburg - at 3:00 p.m.; 2. Mr. Narsh works in Harrisburg and would dearly have to lake work oIl' tor counseling appoinlmenlS (which he is willing to do); 3. Ms, Crawford is oil' during the day and able to pick Philip up at school and dri...e him to the sessions. Mr. Narsh has investigated and dearly thought through this issue, therelore. I am perplexed as to why Attorney Grime is questioning his sincerity with respect to counseling. Mr, Grime further questions Mr. Narsh's willingness to assist Philip with the completion of his homework. Specifically, Attorncy Grime refers to a weekend wherein he had a big project due, As the primary care giver, Ms. Craw lord certainly would be under some duty to infonn Mr. Th. Honor"hl. Kevin A, Ik.. .~- tt~: N;'lr'ih v. CrawfunJ Narsh of projects that need to be completed, Thilt particulilr weekend, she did provide Mr, Narsh with a list of items Philip had to complete, I haw altilched Ihis li,r Ihe Court's review, As noted in this attachmenl. there was no mention of a history project. Therctilre. Mr, Narsh can only rely on what Philip lells him relating 10 homework, Clearly. Mr, Narsh is capable ofhdping Philip complete his homework. Therelim:. Mr, Narsh is nol willing 10 change his mid-week visits to the "couple hour.lonly"on Wednesdays as proposed hy Altorney Grime, With reference to the holidays. Mr, Narsh proposes Ihal in the event the holiday falls on a weekend. that the custodial parent shall have the minor child lilr the entire holiday weekend. For example, Memorial Day. the parent enjoying the holiday shall have the entire Mcmorial Day weekend. Apparently, this is how it has always been in the past. With reference to the Chrishnas holiday. Ms. CrawllJrd proposes Ihat she have every Christmas Eve through Christmu.s morning. However, Mr. Narsh is not willing to give up every Christmas. Therelill'll, we are proposing Ihalthe Order stay as is. With relerence to summer vacation, Mr. Narsh is not willing to assure that he will never work during his vacalion period. Obviously. he will do what he can to maximize his time wilh Philip during these periods of summer vacation, however, cannot always avoid going into work. Ms. Crawtord certainly should understand his dilemma given the time that she spends away Irom Philip during her periods of custody, Specilically, a number of parents from the ballet school approached Mr, Nar.lh with concerns regarding the extended time Philip has been left alone at the studio while Ms. Crawlurd was out. UnliJrtunately, these limes apparently extended into Ihe evening hours. Obviously. this is an issue that will be addressed directly with Ms. Crawford through her attorney on.:e the issues surrounding this order are concluded. Clearly, your Honor, there is mu.:h need till' your inlervention in ea.:h of the outstanding issues remaining, namely, the issue surrounding counseling, and spedlic times lor holidays. One last note. Attorney Grime raised the issue of Philip's allergies to smoke. Please note that neither Mr. Narsh nor his wife smoke. however. any restrictions leading to incidental smoke would greatly limit Mr, Narsh's ability to go places with Philip. Thank you lor your allention to these mailers, We look lorward to your response in the near future. Very truly yours, IRWIN. M.:KNIGHT & HUGHES 1ir#~ RRH:ck cc: Bmdley L. Griflii:. Esquiri: Gregory S, Narsh GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradl.y L. Grim. Krlllen Goddard DonseD JOO North It.now" !ij',"1 ('<,1101.. P" 17013 (717) 143.5551 ItllOO) .J.I1.5551 MX 717.14.1-506.1 Cklober IS, 1<)<)<) Rubia J. Cj,lburq t..,1 Aula'Mnl JIt Nurlh I\bla Sir"' (,hlmbonbu,.. PA mOl (717) 167-1350 The Honorable Kcvin A. Hess Cumberland County Courthouse Judges Chambers I Courthouse Square Carlisle, PA 17013 Rlpl)' IUI ClrUII, RE: Narsh v. Crawford No. 96-1145 Civil Teon VIA FACSIMILE AND U.S. MAIL Dear Judge Hess: Pursuant to our Ihree party telephone conference of October 13, 1999, please accept this as my client's response to the "proposed Order" submitted to you by opposing counsel in this maller. Obviously. the first three paragraphs of the Order arc acceptable and my client does not have comment to those. With respect to paragraph 4(a), while we recognile the Court's position that a full alternating weekend period of partial custody should be implemented atlhis time, we only wish to point out to the Court that if Mr. Narsh is not sincere in actively pursuing the counseling that is to be established pursuant to the Ordcr, we rescrve the righl to file a Pelilion for special relief asking that the Court modify the Order. This is based upon the Court's clear decision that the counseling is to go hand-in-hand with these cxpanded times of the child being with the Father. With respeelto paragraph 4(b), we respectfully suggest that pasl history has indicated difficulties in the child completing his homework while he is with his father. We already have a new situation being implemenled where the child is with his lather for a full weekend every other weekend. The repercussions of not having his homework prepared will become evident after a period of time if. in fact, this is the case. In fact, during the first full weekend visitation Ihat jusl occurred. the child needed to complete a major project on the computer but was not able to do so because his father does not have a computer. My client scurried to locate a laptop computer that she was able to borrow so that the child had a computcr for the wcekend and could complete his work. He did so, though, on his own and with no incenlive or guidance from Mr. Narsh. As you arc aware, the child attends Harrisburg Academy and, therefore. has extensive homework. well beyond what would be anticipated of children in the 7'h grade in a public school. These concerns lead us to suggest that if there is contact during the school week. Ihatthe more appropriate way 10 handle this would be to allow Mr, Narsh to simply pick the child up early in the evening and spend lime with him for a few hours. reluming him before his bedtime. At least under those circumstances. Ms, Craw ford would be ahle to 1110nitor completion of the homework and be assured that if the hOl11ework is not hcing completed as she anticipates will occur, we only have this occurring every other Monday as opposed to every other Monday ilIll1 every Thursday. With respeclto paragraph S, Ihe Court is implementing a 2 week summer vacalilln period which has never been the case in the past and has never been e1\ercised by Mr. Narsh. We suggest Ihal a one week period is more appropriate and that more e1\pansive language is necessary. More particularly. as is coml11on in most Orders. one party should be required to sclect a week for vacation no later than March I S. with the othcr party selecting their lwo weeks by April 1, and the Iirst party then selecting their sccond week by April I S, This is particularly important since individuals l11usl make reservations lor vacations such as a trips to the beach, well in advance of the end of the school year. In addilion, it must also be pointed out. as suggested in the above paragraph, that Mr. Narsh has never e1\erciscd lwo weeks of vacalion with the child during the summer vacation monlhs. In consideration of the ehild's desire to be with Mr. Narsh during visitation, and not with third parties, we believe that if the Court is going to continue Ihis 2 week provision, Mr. Narsh should be required to be vacationing from work so that he is aClUally spending time with the child. You will recall that this is one of the biggest complaints of the child; that is, that his father is not spending personal time with him. With respect to the alternaling holiday period. we suggest that the end of that paragraph simply indicate that the time periods for each designated holiday will be from 9:00 a,m. until 8:00 p.m. on the holiday. More importantly, there is somewhal of a lack of clarity as to Ihe references in Ihe holidays in paragraph 6. We would suggest that the following paragraph be entered: The parties shall alternale physical euslody of the child on the following holidays: New Years' Day, Easler Sunday, Memorial Day, Fourth of July, Labor Day, and Thanksgiving Day, with Mother having custody of the child on Thanksgiving Day. 1999, Molher having custody on New Years' Day, 2000. and alternating thereafter. During said holidays. the parent in custody shall have the child from 9:00 a.m. until 8:00 p.m. With respect 10 paragraph 7, we again point out that there are no details as to when the parents would have the child. First and foremost. while rccognizing that Ihe history of the Courts in Cumberland County is for an alternating of the Chrislmas Evc/Chrislmas morning pcriod and the rcmainder of the Christmas Day period, Ms. Crawford believes that it continues to be most appropriate for the child to wake up on Christmas morning in his home. Mr. Narsh had always agreed to this in the past. Therefore. we request that the Court designate the period from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day for the child to be with her and from 1:00 p,m. on Christmas Day until 1:00 p.m, on December 26, for the child to be with his Father. If the Court deternlines that it is going to alternate these periods. then the times designated arc appropriate times. In addition, we arc suggesting that Mother would have the first period of the Christmas Eve/Christmas Day described in this paragraph for 1999 and Father having the second period with them alternating ne1\t year and continue alternating accordingly. In addition, if tht: ('ourt deems It appropriate for Mr, Narsh to have I'hi:ip for additional periods of time during the Christmas break, we an: suggesting that Mr, Narsh hav.: the child lor two or thr.:e days prior to having the child from Christmas Eve to Christmas Day at I :00 as desig:lated above, Similarly, Mr, Narsh would have Philip two or three additional days aner he has the child in alternating years from I :00 p.m. un Christmas Day until i :00 p.m, on December 26. In addition, though, Mr, Narsh should be off from work so he is actually spending time with the child for the reasons we have discussed repellledly in this ca,se, With respect to paragraph 8, Ihere arc many issues that need to be addressed. First and foremost, it is suggested that the parties attempt to agree upon a counselor, While we indicated Dr, Schneider is certainly eomp-:tentlo handle Ihis lype of matter, there arc various reasons why he might not be the best person for Ihe job. With that in mind, we believe that i\ counselor in Carlisle would be more approprhlle lor the parties and the child. We also believe that there should be an investigalion to detennine what counselors arc covered by Mr, Narsh's health insumnce so that we can, at least, reduce the uninsured medical expenses. We also believe that it is necessary to give some suggestion to the counselor in this Order as to what is anticipated of him or her, In the present case, there is obviously a conllict between Philip and Mr. Narsh in their relationship. It appears that bulk, if not all, of the conllkt rdales to the fact that Mr, Narsh married a woman who Philip believes caused the break up of his parents marriage, Obviously, many other difficulties in the relationship Ilow from this and Mr, Narsh's unwillingness to address this, We also believe thatlhere should not only be an indkation of this in the Order but also a further suggestion that the basis for the counseling is 10 assist Philip and Mr. Narsh in reestablishing, rejuvenating, and expanded upon their relationship. The involvement of Ms. Crawford, essentially, is based upon the requesl of the counselor, Once a counselor has been agreed upon, I believe that I can provide you with a paragraph thai would include all of Ihe issues we have suggested herein relative to this paragraph, Further, it is imperative that the Court recognize the disparily in the parties' income. The Domestic Relations percentage split of income is 80/20. Whil.: Ms. Hughes argues Mr. Narsh is already paying support and a percentage of private school costs, she fails to recognize that Ms. Crawford is providing support and a pr-rata share of the private school expense. Further, since the problems are between the child and Mr. Narsh, it certainly would be appropriate for him to assume all of their counseling expenses. If not, the most thai should be required of Ms. Crawford is 20% of the uninsured expense, Allhough the Court has made it fairly clear to counsel that the alternating weekend period of physical custody will take place immediately, we believe thai the strong reactions that the child has had in the past to his contacts with his father and the strong reaclion that occurred following the most recent "full" weekend period with his father, suggests Ihat Ihe alternating full weekend should not begin until counseling is in place, We arc prepared to expeditiously implement the counseling so that there is no unwarranted delay but, al the same time, we believe that the very limited delay that might occur is a small burden for Mr, Narsh 10 bear under the circumstances. It must be remembered, he agreed to have no contact wilh his child for several months last fall and agreed 10 have extremely limited contact with the child based upon a discussion between him and the child in front of the child's counselor. He can hardly now express concern over the fact that these mailers arc not moving forward quickly enough for him. On the other hand, delaying the full weekend of contact until the counseling is in place gives the child an avenue to get his anger. concern, and other emotions out to his father in hopes of hiS father understanding, GRIFFIE & ASSOCIATES Attorneys and Counselon At Law ......141' L Griffie KtIICa Goddard Don.a 1001'1_0-..._ C.....'A I70U ('117) UJ-1II1 <-l:M7_ 'AX 717.UJ-MQ _J. GooMno LtpI- O~tuber II, 1999 The Honorable Kevin A. Hess Cumberland County Courthouse Judges Chambers I Courthouse Square Carlisle, PA 17013 JlII_1\Woo _ CIo-~'-""A 17101 ('117) U7.1J8lI ...., 10, C..- VIA FACSIMILE AND U.S. MAIL RE: Narsh v. Crawford No. 96-1145 Civil Tenn Dear Judge Hess: The situalion over Ihe entry of the Court Order in this case last Monday, October 4, 1999, without any inpul whatsoever from my client or I is creating tremendous complications. I respectfully request the opportunity to review this mailer with the Court through a conference with counsel so Ihat we can regain control of the situation. I was quite surprised Ihat opposing counsel and her client took Ihe position that the Order Ihat was, we believe, erroneously entered on October 4, 1999 would take effect immedialely. Mr. Narsh demanded his son on Friday, October 8, 1999 under the threat of contempt against Ms. Crawford if she failed to comply wilh the Order. She obviously complied over the child's dramatic objeclion. The greatest concern we have over how this follow up mailer was handled is that the Court did not take the posilion at the time of the hearing thai the alternating weekend visilalion would take effect immediately. The Court may recall that at the beginning of this hearing, the Court suggested that the position of the parties revolved around whelher the child would begin counseling and then have expanded contact with his father entel"d bascd upon the counseling, or if the child would have expanded time with his father followed by subsequent counseling. Aner the hearing, the Court clearly indicated Ihalthe father would be required to participate in counseling wilh the child and the child would be required to have additional time with his father. In essence, the Court selected a middle ground between these positions where both of the expanded visits and the counseling would be implemented simultaneously. Unfortunately for Ihe reasons set forth in my prior correspondence to you, them has been nolhing established for counseling at Ihis point. To our knowledge, no contact has been made with Dr. Schneider's office and Ihere is no suggeslion as 10 when that counseling might begin, whether it is through Dr. Schneider's oflice or some other counselor agreed upon by the parties, ... , _J.-' Lori _. JOII N_......_ c.toIo. '" ~1OJ.J == 'AX 111.1"_ -j- :IIN_~"'_' a........... "'1101 l'7I1) In, ..,.,... c_ I , I I I I VIA FACSIMILE AND U.S. MAIL I I I I i i , I I The situation over the entry of the Court Order in this case last Monday, October 4, 1999, i without any input whatsoever from my client or I is creating tremendous complications, I. i respectful1y request the opportunity to review this matter with the Court through a conference i with counsel so that we can regain control of the situation, : GRIFFIE & ASSOCIATES Attomeys aDd COWlSelOrs At Law Irdl., L Grime KrUl.. Goddard Do..... October II, 1999 The Honorable Kevin A. Hess Cumberland County Courthouse Judges Chambers I Courthouse Square Carlisle, PA 17013 RE: Narsh v. Crawford No, 96.114' Civil Term Dear Judge Hess; I was quite surprised that opposing counsel and her client took the position that the Order , that was, we believe, erroneously ientered on October 4, 1999 would take effect immediately. ' Mr. Narsh demanded his son on Friday, October 8, 1999 under the threat of \:ontempt against Ms, Crawford if she failed to \:omply with the Order. She obviously complied over the child's, dramatic objection. ' The greatest concern we have over how this follow up matter was handled is that the ' Court did not lake the position at the time of the hearing that the altemating weekend visitation ' would take effect immediately. The Court may recall that at the beginning of this hearing, the Court suggested that the position of the parties revolved around whether the child would begin counseling and then have' expanded contact with his father entered based upon the counseling, or if the child would have ' expanded time with his father followed by subsequent counseling. After the hearing, the Court ' clearly indicated that the father would be required to participate in counseling with the child and , the child would be required to have additional time with his father. In essence, the Court ' selected a middle ground between these positions where both of the expanded visits and the ' counseling would be implemented ~imultaneously. ' Unfortunately for the reasons set forth in my prior correspondence to you, there has been nothing established for counseling at this point. To our knowledge, no contact has been made with Dr, Schneider's office and there is no suggestion as to when that counseling might begin. whether it is through Dr, Schneider's .)ffice or some other counselor agreed upon by the parties, >:\J~ 1tJ.l.O.l. There are many issues relative to the proposed Order in thIS case that my client and I would like to addr;:ss, whether chat be through our submiauion of a proposed Order on our i behalf, argument or discussion beliWeen coanse! before the Court, or some other means. i , ' , Ms, Crawford and [ clearly understand the Court's position that Mr. Narsh is to have I every other weekend accommoqations for partial custody from Friday evening to Sunday I ~\lening. However, the other aspects of the Order that was entered without any prior I consultation with my client or me by Mr. Narsh or his counsel have <.:aused this case to go from I bad to worse, The drcumstance~ of this past weekend have reinforced and strengthened the , child's resolve to have the most 1i1l1iled relationship with his father as the Court will permit him 10 have, rather than assisting in establishing a more appropriate relationship with his father. The child returned extremely distrauglitt, depressed and upset over being forced into a full weekend visit with his father, but with no where to turn to voice his concerns to his father because the counseling is not in place, My u~derstanding of the Court's position was, that by the time the alternating weekend visits started,; Mr. Narsh would be engaged in counseling with the child so that the child would have an avenue to discuss his concems. , I The possibility of having I\lIY type of counseling initiated with Dr, Schneider In the next several weeks is extremely unlikely so that under the present arrangements with the Order of ' October 4, 1999, Mr. Narsh has fprced his will not only upon Ms. Crawford and the child but I also upon the Court through failure to communicate with counsel before the proposed Order in I this case was entered. ! I , I [ would appreciate the opportunity to discuss this matter with the Court and counsel so that additional complications do inot arise. This is particularly true since the Court Order provides for a Wednesday nighti visit between the child and his father which the child is vehemently opposing, but which 11-Ir. Narsh will apparently insist upon despite his son's or the Court's position in this matter. ' Your allention is apprcc:iat~d. j Sincerely, Bradley L, Griffie BLGlklg cc: Rebecca R, Hughes, Esquire (via facsimile) Theresa L. Crawford GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradley L GrIf11e KrIItea Goddard DoaJea lOGN__.._ C"-'.4 11111J ('711) J.G.Ul1 <-lJ41._ 'AX 111.J.G._ _J, GooIlon LopI- October7,1!)!)!) The Honorable Kevin A. Hess Cumberland County Courthouse Judges Chambers I Courthouse Square Carlisle, PA 17013 JaN___ 01..'__ ~__..'A 17Jl1 ('711) 161-1_ IloflI'IO.C_ VIA FACSIMILE AND U.S. MAIL RE: Narsh v. Crawford Dear Judge Hess: I was surprised to receive a copy of the Court Order signed by you on October 4, 1999 in the above-captioned aclion. I apparently misunderstood how you intended to proceed with this mattcr following the hearing. My understanding was that opposing counsel, Rebecca Hughes, Esquire, was going to provide you with a proposed Ordcr but that I would have the opportunity to review that with my client and discuss any prospective modifications with Ms. Hughes. In the alternative, I underslood Ms. Hughes would discuss the proposcd Order with me in advance of providing ilto you. Thereafter, if there were matters thai could not be agreed upon, they would need to be addressed by you. On October 5, when I received a copy of Ms. Hughes letter to you, I was aware that she actually forwarded the proposed Order 10 you. I dictated the enclosed response but it was not available for my signature until Wednesday, October 6. Unfortunately, I was in Chambersburg in Court on Wednesday, October 6 and did not have an opportunity 10 review and sign that correspondence until today. The Order that \Vas presented to you raises various issues that I believe may be able to be resolved by agreement following discussion wilh opposing counsel. One very simple issue that is referenced in the Order relates to the indication that the counseling will be paid for equally by the parties. The counseling that is necessary in this case rcsults from the relalionship between the child and the falher. Arguably, my c1icl1t should not have any responsibility for payment of those counscling fees. Under any circumstances, she certainly should not be responsible for 50% of the fees when Domestic Relations Office suggests that the percentage breakdown of income is something like 80120. As far as I am aware, no one has even checked 10 see if Dr. Schneider is covered by available insurance which could cut down on the costs, This is just one issue that I have raised wilh my client and asked her to address wilh me so thai I can discuss this matter with opposing counsel. I have several concerns at this poinl. Firsl and foremost, I advised my client that we would have the opportunity to review an Order and comment on it bcfore il would be signed, Wc did nol have Ihat opportunity. , GRIFFIE & ASSOCIATES Attorneys and CouDselon At Law .... J. GaoIIonl ......- October 7,1999 *"_--- C'-"41""U (l11)~ ~j.j7~ '.oX '17'~ ! .MII__ ..... ~~ A.-.'. 1'1181 1"11) J6'7.UIO I ....... C'..- , .radle, L Grilli_ Krit&ca Goddard Don... Thll Honorable Kevin A, He$s Cumberland County Courthousll Judges Chambers l Courthouse Square Carlisle, P A 170 \J VIA FACSiMILE AND U.S. MAIL RE: Narsb v. Crawford Dear Judge Hen: I was surprised to receive a copy of the Court Order signed by you on October 4, 1999 in the above-captioned action, I apparently misundentood bow you intended to proceed with this matter following the hearing, My understanding was that opposing counsel, Rebecca Hughes, Esquire, was going to provide you with a proposed Order but that I would have the opportunity to review thaI with my client and discuss any prospective moditications with Ms. Hughe$. In the alternative, I understood Ms. Hughes would discuss the proposed Order with me in advance of providing it to you. Thereafter, if there were matter$ that could not be agreed upon, they would need to be addressed by you. On October 5, Wbe\ll received a copy of Ms. Hughes letter 10 you, I was aware that she actually forwarded the proposed Order to you. I dictated the enclosed response but it was not available for my signature until Wednesday, October 6, Unfortunately, I was in Chambersburg in Court on Wednesday, October: 6 and did not have an opportunity to review and sign that correspondence until today. The Order that was presented to you raises various issues that I believe may be able to be resolved by agreement following discussion with opposing counsel. One very simple issue that is referenced in the Order relates to tbe indication that the counseling will be paid for equally by the parties, The counseling that is necessary in this case r<:sults from the relationship between i the child and Ihe father, Arguably, my client should not have any responsibility for payment of I' those cour.seling fees, Under:!JIY circumstances, she certainly should not be responsible for 50% of the fees when Domestic Relations Office suggests that the percentage brealtdown of I, Income is something like 80120, 'As far as I am aware, no one has even cbecked to see it'Dr, . Schneider is covered by available insurance which could cut down on the costs, This is just one issue that I have raised with my dient and asked her to address with mil so that I can discuss this mailer with opposing counsel. I have several concerns at this point. Firs! and foremost, I advised my client that we would have the opportunity to review an Order and comment on it before it would be signed, We did not have that opportunity, ... . PLAINTIFF'S EXHIBIT STATE OF MICHIGAN IN TIlE WAYNE COUNTY CIRCUIT COURT ., GREGORY S. NARSH, PlainliJr, CaseNo. ' '.. .. .. . . 94-~ 3:1 n l.f .i,)i1'J v. THERESA L. NARSH, DcfCldam. 1'bc HCllCr.Iblc S V~I\ D, D~r-:.IMi1 VICTOR AND ROBBINS IBy; ~nCHAEL A. ROBBINS (pJ3884) Attorneys for plaintiff 555 S. Woodward Avenue, Ste. 600 irmingham. Michi!!an 48009 8 01~.6-7l77 ________.-,- __ ____ -------....... .... 0- o. CKER, TOBIN & TOBIN Y: ANN M TOBIN.LEVIGNE (pJS7S7) 801 Catli11;l<; Tower etroit, ~ 48226-2822 (810) 961-6700 -..--- - - -.. ... . ,... ...- _u _ .. , ___0_'_ __ I JUDGMEm' OF DIVORCE At a session of said Court, held in the .City of Detroit, County of Wayne, State of Michigan an "'"..,. , Q lq~~ '-'-- - HON SU-,...... 6.....c".... . ~M.~~. UI...JH.......I.";! Circuit JUdge Pr8!.ent This matter having came an to be heard upon the Plaintiffs Complaint for Divorce an "Ie herein; tht . Defendant having "led an Answer; the parties having entered Into a seWement agreement and proofs hiving been taken in open Court In support of the Complaint; the Court having found that it had jurisdiction over thiI mntter; and the Court having been otherwise ftJlly advised In the premises; NOW THEREFORE, Upon Motion of. Michael A. Robbins, attorney for Plainliff: IT IS HEREBY ORDERED ANO ADJUOGED AS FOllOWS: .. ABSOLlJTE DIVORCE rr IS HEREBY ORDERED AND ADJUDGED that the marriage belWeen the Plaintiff, GREGORY S. NARSH, and the Defendan~ THERESA L. NARSH, be dissolved and the same is hereby dissolved accordingly. ~ CUSTODY OF MINOR CHILD rr IS FURTHER ORDERED AND ADJUDGED that the parties shall have joint legal CllStOdy of the minor child of the parlles, PHlUP SCOTT NARSH: OOB 12/16186 and the Oefendant, THERESA L. NARSH, shall have sale phY5icaJ c::JSlody at the minor child until such time as said child attains the age of eighteen (18) yeal'5 or until the ftJrther Order of the Court In regard to joint legal c:JSlody: A. The parties shall ccnsu/t and all.empt to agree before major deCsions are made affecting the child's eclucallon, religious education, enricl,ment aCUvities, camp, travel, medical and dental prOblems.. ..._. ___ S. The parties shall have equal access Ie medical, dental and educational personnel and reccrds of the minor child. C. The parties shall nalffy the other at any emergencies relating to the minor child and roUfy and give the ather parent an opportunity to be present for all routine medical, dental, optical and psychological treatment C. That each party shall keep the ather parent informed of the whereabouts of the child and hislher own whereabouts in the event at a medical or ather emergency. e. That the parties shall inform and be informed about school, music, or sports, and ather enrichment adivilies of the C.'1Ud, and be provided an opportunity for parenting. F. That if at all posslble or feasible, each party shall give the other party the opportunity to provide child care services far the minor child in lieu of hired child care or babysiUing. G. That if necessary, bath parties shall participate in family counseling through the Friend otthe Court or as recommended by them. H. That while each party has physical custody of the minor child, that party Shall be responsible for all routine deCsians regarding the minor child. Each party shall provide the olt1er p;:Irty with their present address, phone number, and I. subGaquenl changes. VISITATION rr IS FURTHER ORDERED AND ADJUDGED that the Plainllff, GREGORY S. NARSH, shall be awarded the following speci"c rights of visitation with the minor child: A. Seven (7) weeks In the summer which shall be divided Into no more than two (2) segments. Plain~ff agrees to respeCt the minor child's d~sire, if any, to be present in Pennsylvania during the summer program of the Central Feimsylvania Youti\ Ballet (maximum live (5) . weeks). B. One (1) weekend per month in Michigan. C. Reasonable and fiberat rights of visoiation in Pennsylvania, including ovemights. C.' One half (1/2) of Christmas vacation each year with the Plainllff being awarded Christmas Eve and ChR.ilmas Day in even years. E. E'/ery Memorial Day weekend. The parties have agreed to make flight arrangements from __ _u_. _._~_._..__~____~. .... .______4 .. .---..-"---.--- ._~--'- " Pennsylvania to Michigan far as close to the end of the school day as possible on Friday before Memorial Oay and departing Michigan for Pennsylvania before 6:00 p.m. or as close thereafter 8S is possible on Memorial Cay, F. A1temating Thanksgiving weekend which the Plaintiff shall be awarded in even year.;. The parlles have agreed to flight arrangements from Pennsylvania to Michigan made as close to the end of the school day on Wednesday before Thanksgiving and departing from Michigan to Pennsylvania prior Ie 6:00 p,m. (or as close thereafter as is possible) on the Sunday fallowing Thanksgiving. Altemating Easter break Oncluding Easter Sunday) which shall take place In odd yealll. The G. parties have agreed to flight arrangements from Pennsylvania to Michigan made as close to . the end of the schaa~ day before Easter and departing from MIchigan to Pennsylvania prior to 6:00 p.m. (or as close thereafter as is possible) on the day before school shall begin. H. A1temating Winter break Of applicable) in evell years. The parties have agreed to lllght arrangements from Pennsylvania to Michigan made a:> close to the end of the school day before Winter break and departing from Michigan to Pennsylvania prior to 6:00 p.m. (or as close thereafter as i:; POssible) on the day before school shall begin. rr IS FURTHER ORDERED AND ADJUDGED that the Defendant shall pay far one half (112) of the cost of lwo (2) round-trip airline Ucxel!l per calendar year between Pennsylvania and Michigan. Tho PlainUff shall be responsible far the balance of the lr'dnsportation ~. rr IS FURTHe." ORDERED AND ADJUDGED that in 1995 the De(endant shall pay (or one half (112) of the cost of one (1) round-trip airline ticxet rr IS FURTHER ORDe.~ AND ADJUDGED that bath parties agree to maintain a smoke-free environment during the Ume that the minor child is with each of tf1em. Additionally, the parties ftJrther agree that exposure to incidental smoke autslde of eacll parties resldence (such as in a restaurant, baseball game, etc.) Shall not constitute a violation of this agreement DOMICILE OF MINOR CHILD rr IS FURTHe." ORDERED AND ADJUDGED that the domicile or residence of the minor child shall be removed from the State of IwUchigan to the Stale of Pennsylvania until ftJrther Order of the Court rr IS FURTHe." ORDERED AND ADJUDGeo that the domicile or r'1sidence o.f ~inor_~hild s.'1all -..---.-.-... .,---. .-...-.--........---.-.-------- .- "'-'-- not be removed from the State of Pennsylvania without the approval of the JUdge who awarded custody, or hislher success.or, and the physical custcdian shall prampUy notify the Friend of the Court whenever said minor child is moved to another aGdrl!!;:S..The present address o( the minor child is 925 Forest Court, Carlisle. Pennsylvania 17013. SUPPORT OF THE MINOR CHILD I rr IS FURTHER ORDERED AND ADJUDGED \~at the .Plaintiff s.'1all pay child support to the I ;Defen,dant, unUI said child attains the age of eighteen (18) years, or graduates from high school sa long as be minor child regularly atten:1s high school on a full-Ume bas::; with a reasonable expectaUan of completing IsufflcJent credits to graduate from high school while residing on a ftJlI time basis with the payee of support or t1at an Institution, whichever is later, but In no case after the child reaches nineteen (19) years and six (6) . months of age, or unal further order of the Court Child support shall be payable through the offices of the ayne Cl:iunty Friend o(the Caurtan a bi-weekJy (every ather week) basis in the amount of s:l26.00 (5163.00 per Week) commencing upan entry of this Judgment . SERVICE FEE rr IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall pay to the Friend of the Court ~ e statutory service fees [currentiy Three (S3.25) Dollar:; and Twenty-Five Cent:; per month) payable semiannually in advance on January 2nd and July 2nd each year hereafter wIlile this Order for Suppart is operative. Initial payments for the months preceding the nuld regular date Shall be made forthwith. SeCURITY FOR SUPPORT rr IS FURTHER ORDERED AND ADJUDGED that the Plaintiff, GREGORY S. NARSH, shall secure the right of the minor child to receive support in the event of his death prior to the termination or sallsfac:llon of the suppart abUgadon by naming the minor child as Irrevocable beneficiary of a Ufelnsurance policy In the amount of $1 00,000 until the timelhat this child support obligation ceases. Amounts paid thereunder shall be credited against any obligation Plafntlfl's estate may have far similar payment. rr IS FURTHER ORDERED AND ADJUDGED that any Ufe insurance policy presently in e:list.nce In the name of the Defendant or subsequently aCluired by the Cefendant on her own life shall name the minor chird as Irrlvocable beneficiary up to the fi~ $100,000.00 of coverage. ARREARAGE rr IS FURTHER ORDERED AND ADJUDGED that any arrearage for child support. day care ,.a. .-;----:-.--.---.____........._._ -.--.--..---.-.-...-..---- -..- -.. "- lDp81lseS or medical expenses for the minor child, or Friend of the Court service fees in the above matter are hereby preserved and payable forthwith. STATUTORY INCO':E YflTHHOLDING PROVISION rr I~ FURTHER ORDERED AND ADJUDGED that pursuant to Me/. 552.1504 an assignment of ncome shall immediately be issued far child supPOrt and alimony in gtOllS (Sec:llon 71 payments). EMPLOYMENT AND ADDRESS OF THE PARTIES . rr IS FURTHER ORDERED AND ADJUDGED that pursuant to MSA 25.164 (10), the payor, GREGORY S. NARSH, who is currently !i!mplayed at DYKEMA GOSSETT, 400 Renaissance Center, Cetnlit, Michigan 48243 shall give the office of the Friend of the Court the name and address of any subeequent employer. rr IS FURTHER ORDERED AND ADJUDGED that pursuant to MSA 25.164 (10), the payee, ERESA L. NARSH, currently employed at Central Pennsylvania Youth Ballet, 1 07 Meeting House, Cartlllle, Pennsylvania 17013 shall give the office of the Friend of the Court the name and address of any subsequent employer. ~ rr IS FURTHER ORDERED AND ADJUDGED that the PlalnUff, GREGORY S, NARSH, Social Security No. 370-70-3815, whose present address is 24S20 San Manno, Apt, #201, Flat Raclc, IItUi;higan 48134 and that the Defendant, THERESA L. NARSH, Social Security No. 386-88-5407, whose present address is 925 Forest C<lu~ Carlisle, Pennsylvania 17013, shall inform th. Wayne County Friend of the Caurt of any change of residence during the period this Order Is aperative. pueuc ACT 295 OF 1982. SECTION 3 rr IS FURTHER ORDERED AND ADJUCGED that except as otherwise provided In Sedlon 3 of the Support and VIsitation Enforcement Ac::, Act Number 295 of the Public Ac:s af 1982, being Sedlon 552.503 of the Michigan Compiled Laws, a Support Order that is part of a Judgment or ill an Order in a domes:lc IreiaUons malter, as that tenn is defined in Sedlon 31 of the Friend of the Cau~ Act Number 294 of the Public of 1982, being Sedan ~S31 of the Michigan Compiled Laws, is a judgment an and after the date eac., pport payment is due, with the full force, effect and attributes of a judgement of this Slate, and is not, on and 4__---:_._.___ ~.-4:..._:..:..:...:..=____.-'. _ , '_~.=-..=-___::::~__:_~.' __~_ slier lhe dale it is due, subject to retroadlve modlncatlon. HEALTH CARE rr IS FURTHER ORDERED AND ADJUCGED that health care in."\llrance far the beneftt of the minor child shall be maintained by bath parUes if available at a reasonable cost, as a beneftt of employment, or as an opUanal coverage far dependents on a policy already obtained. rr IS FURTHER ORDERED ANC ADJUCGED that pursuant to MCL 552.15(4), 552.15(4) and '5=~1.17(4) bath lhe Plaintiff and Defendant shall infonn the office of the Friend of the Court of any health care Iccvera~e lhat is available to him or her as benefit of employment or that is maintained by him or her; the name ,0fthelOSlJrance company, health care arg8lllZaUan, or health maintenance argani:zaUan; the pellC'/, cerUftcate, (r contract number; and the names and birth dates of the persons for whose benefit he or she maintains health care CQverage under the policy, certincate, or contract. rr IS FURTHE."{ ORDERED AND ADJUDGED that PlainUfrs obligation to provide medical and dental Iccverage flJrthe minorc.'lild shall be maintained at a level comparable to the level of coverage currenlly held by Plaintiff through hIS current employer, DYKEMA GOSSETi' PLLC, but Shall not be increased e.u:ept at lainl!fl's sole discretion. rr IS FURTHER ORDERED AND ADJUDC:ED that the Plaintiff shall pay 80~{, and the Defendant shall pay 20% of any uninsured health care expenses (as defined by the Michigan Child Support Guideline> after the Defendant has paid the first Sl5a.OO annually or until further Order of the Cou~ WAIVER OF THE FRIEND OF THE COURT RECOMMENOATlON rr IS FURTHER ORDERED AND ADJUDGED that this Judgment may be entered without e recommendation by the Friend of the Cou~ STATUTORY DOWER rr IS FURTHER ORDERED AND ADJUDGED that the provisions herein made shall be in ftJlI satlsfacUon of all claims of dower and other claims which the Plaintiff and Defendant may have against the lather, and thaI the partles herela shall hold their remaining land and assets free, clear and di&chargecl from any and all rights or claims of the ather party. STATlITORY INSURANCE PROVISION rr IS FURlHER ORDERED AND ADJUDGED that any interest which either of the parties hereto may -~.~-:".-.... ---.-. ---- ._._-_..-.~------------::--- :~..'-',.:~.':':':"':~~='::: :':-.:: - Inow have or may heretofcre have had in any pelle'1 or contract of life, endawmen~ annuity or ather Insurance, rvirlue of being beneftcialy, contingent beneftdary, or otherwise, is hereby extinguished, except as otherwise , vided herein and the parties hereto shall in the future hold all such insurance free and clear from any right r Interest which the other party now has or may heretofore have had therein or thereto. mTlITORY PENSION PROVISION rr IS FURTHER ORDERED AND AOJUOGED that except as provided herein, any interest either the iPlaintiff or the Ollfundant may now have or may heretofore have had, In any claim in any pension, annuity, I ' 're~ement allowance or accumulated conbibuUans in any pension, annuity, or retirement system, IncludlnQ an,! rights or contingent rights in and to unvested pension, annuity or retirement benefits, or otherwise is [hereby exlinguished, and the parties hereto shall in the future hold same free and clear from any right or claim ' hich the ather party now has or may herelafare have therein or thereto. TAX exEMPTION FOR THE MINOR CHILD rr IS FURTHER ORDERED AND.ADJUDGED that the Plaintiff shall be allowed to claim the tax emption for the minor child for tax year 1995. IT IS FURTHER ORDERED AND ADJUDGED that the PlainUtt shall be enliUed to claim the tax ~ Y. loll 4.lQQ9 xemptian for the minor child for each year SUbsequent la 1995 until such time as the Defendant is able to 5-7171 I ~. verify that her income exceeds $10,000.00 in a calendar year. In the event that Defendant eams less tha' $10,000.00 per any -.:Jlendar year subsequent to 1995, then Plain~ff shall be awarded the exemption for thai year. IT IS FURTHER ORDERED AND ADJUDGED that in the event that the Defendanrs income doe!! exceed $10,000.00 In any calendar year subsequent to 1995, the exemption far the minor child shall be altemated between the Plaintiff and Cefendant IT IS FURTHER ORDERED AND ADJUDGED that each party sIlall sign whatever documents are necessary, Including a declaration of waiver, In a farm satisfactory to the Intemal Revenue SeMC8 10 as to permit the ather party to claim the child as a dependant on their Inctlme tax returns as provided by this IJucgment. In the event that either party fails to comply with this provisiun, then this Judgment ~f Divorce may ~ utilized as a declaration of waiver to allow the appropriate party to claim the minor child as dependant AUMONY IT IS FURTHER ORDERED AND ADJUCGED that neither party shall recaive or be enllll~ to --------- '-'-.:..::-.:;:.:.:- :.,. -' -'-- .a._-__.~- .- .-=-r:-~ -__. '_._. alimony and the same is forever barred. .--... --- ..' - AUMONY IN GROSS ISEcnON 71 PAYMENTSl rr IS FURTHER ORDERED AND ADJUDGED in ac::crdance with Sedan 71 at the Internal Revenue jccee, the Flainllff shall pay to the Defendant alimony In grass In the amount of $26,300.00 in accardance with .re following schedule: . A. From September 1, 1995 through August 31, 1996 In the amount of $2~O.OO per week; OJ (Defendant acXnawledges dircc payments from the Plaintiff /ram September " 1995 through the date of entry of this Judgement of Divorce) e. From September 1, 1996 through August 31,1997 in the amount of $150,00 per week; c. From September 1, 1997 through August 31,1998 In the amount of $125.00 per week; D. From September 1.1996 through August 31,1999 in the amount of $69.23 per week (which is $300.00 per month) rr IS FURTHER ORDERED AND ADJUDGED that the Section 71 alimony in gross payments lhaU non-modifiable by either party. rr IS FURTHER ORDERED AND ADJUDGED that the Section 71 alimony in gross payments shall .. considered as Income to the Defendant and deductible to the PliJintitf to the full extent as allowed by law. rr IS FURTHER ORDERED AND ADJUOGED that all SeClion 71 alimony in gross paymenb shall be malte through the Offices of the Wayne Counly Friend of the Court on a bi-weekly (every othlt week) basis. COBRA rr IS FURTHER ORDERED AND ADJUDGED that the Defendant shall be entitled to COERA beneftls, at Plainllft's expense (which shall be paid by Plaintiff dlredly to his employer), through Dec.mber 31, . 1997. The level of benellts provided snail be Cl:lmparable to the level of Cl:lverage currently held by Plaintiff through his current employer, CY1<EMA GOSSETT, PLLC, but shall ""ot be increased, &lcept at Plainlltrs $Ole ~.don or at D.fendants cost Mer December 31, 1997, Plainttff snail not be responsible for any portion of any of Oef.ndanL's COBRA (health and dental Insurance if a'r.lilable) benellts. health or medical care = - of any kind or nall.lre whatsoever. rr IS FURTHSR ORDERED AND AOJUDGCO that if Defendant acquires, or otherwise beCl:lmes covered und.r medical and/or dental insurance through her employer or through any oll'1er SQurce (or if such Icoverage ill offered to Defendant at no c:as: by her employer and she rejects it). then Plaintiff shall have no . , . ........ . ...... .... . ,. Mer obligation to provide COBRA benllllts to Cefendant Provided, that if such independent insurance c:ov.rage is subsequently last or tIInninated through no fault of Defendant, Plainlltrs obligations as set forth i.bove shall be reinstated. In no event, however, snail Plainlltl's abilgaUon to provide COBRA bene/lts to D.fendant extend beyond Cecember 31,1997. rr IS FUFmiER ORDERED AND ADJl.IDGEJ:) that if allowed by the Intemal Revenue Code, paymtnt Jot COBRA expenses shall be considered as inCl:lme to the Defendant and deductible to the Flaintiff. ATTORNEY FEES rr IS FUFmiER ORDe."eo AND AOJUDGCO that each party shall be responsible and pay for their own attomey fees. MUTUAL RELEASE rr IS FURTHE.~ ORDERED AND AOJ~DGED that upon entry of this Judgment of Divorce, each of I' e parties hereby releases the all'1er from any cause of aClian that either may have against the other far any Incident which may have cccurred prior to the entry of this Judgment at Civorce, whether that claim be unclad in ccntract. tort or any oll'1er basis. This Judgment is intended to be a seWement of any and all claims tween the parties of every kind and nall.lre. ACKNOWLEDGMENT OF LEGAL ADVICE rr IS FURTHER ORDERED AND ADJUDGED that the parties have respec:tively acknowledged that 88ch has had the right to seek Independent legal advice prior to Ule execution of the Judgment of Divorce, and that each ftJlly understands the fad:l regarding his or her legal rights and obligations, and with lIuch knowledge, each of them is 8lleanlng this Judgment or Divorce freely and voluntarily, without undue Infiuence or fraud or coercion or misrepresentation or far any calise except as herein specitled. DISCOVERY IT IS FURTHER ORDERED AND ADJUDGED that the parties acknowledge that they have a right to the compulsory process of'Disl:avery", pursuant to the Michigan Court Rules, to aS$ist and discover the veriftcatlan of fac:s relevant to their respedive rights and obligations, Including the right to question each other -. ,- and others under oath, The parties aclcnowtedge that they have, contrary to the advice at their respec:ivll counsel, dlreCed their attame~ to cease all discovery In process or proceed without disc:lvery, and instead have dIrected their respedive attome~ to settle the litigation in the manner and an the terms set forth in this udgment of Divorce. - -....--......- .. ~--'.'- ...- . DISCLOSURE OF ASSETS rr IS FURTHER ORDERED AND ADJUDGED that the Plaintiff and Defendant hereby slate and flIrm that they have disclosed all assets that they own or have any Interest In, whether held by them ndivfdually, Jaintiy, or held with any other linn, person or corporation, or any other person or entity for them, r for their beneflt This JUdgment of Divorce is intended to be a disllibutian and allocation of all the property aflhe parties. in the event that either party hereto has failed, either intt:ntianally, or unintentionally, to disclose ny of his or her assets, the issue of property snlllement shall be reopened upon the pelition of either party ror the purpose of determining and resolving the disllibution of the previously undisclosed asset or assets. ...-.. i....--....- ..._._.-....~.__.;.__~ ... ._. . .... .... .' - -. - ... PROPERTY SET'TlEMENT rr IS FURTHER ORDERED AND ADJUDGED that the marital home, located at 22402 Foxcraft, oadhaven, Michigan has been sold for $112,900.00 and the Proceeds fram the sale shall be dislributed as allows: 1. Payoff in ftJlI of the mortgage an the marital home 2. Payoff in ftJlI of the home equity loan taken against the marital home 3. Payoff In full of all taxes due on the marital home at the time of closing an the sale of said .. home 5. Payment In the amount of $2,500.00 to Plaintitl's father, V. Robert Narsh Payment In ftJlI of the oUlstanding debt owed to Henry Ford Hospital (or any other party) for counseling services rendered tD Plaintiff, Oefendant and the minor c:l1iId thraugh and including the day on which Defendant removes the minor child to Pennsylvania Payment of all fees """",.;-ated with the sale of the marital home, Including, but not limitod la, Century 21-A1A Realty, 3505 Fort Street, Wyandotte, Michigan The balance of the remaining proceeds shall be divided equally between the Plaintiff and Defendant ~. 6. 7. rr IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall pay to the Oefendant $2,500.00 tram his share oflhe sale proceeds tram the marital home (Defendant aCknowledges receipt of $2,500.00 from Plaintiff in satisfadon of this obligation). IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall be awarded any rights and/or claims with 'respeC: to the praceeds from the l::lmmon stack of Monsanto Company whic.'l was received by the Plaintiff In 1594 and the Oefendant expressly waives and rights and/or claims with respec: to the proceeds from the sale of the common stock of Monsanto Company. rr IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall recaive any value associated his law degree and the Oefenaant expressly waives and rights and/or claims with respec: to Plalnllfl's law rr IS FURTHER ORDERED AND ADJUDGED that the marital portion of Plainllfl's ac:rued pension Monsanto Company shall be divided equally belWeen the parties by the entry of a QUalined Oamesllc rr IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall be awarded all personal items 'ch remain in the marital home. rr IS FURTHER ORDERED AND ADJUDGED that except as otherwise provided by this Judgmen~ each party shall be awarded any ather personal property in their individual name or possession, including ehicles, bank accounts, retirement plans or ather employment benefits, free and clear of any intsrest of the other, and each shall assume any liability thereon and hold the ather harmless. IT IS FURTHER ORDERED AND ADJUDGED that the Defendant shall be solely responsible far all associated with the lease of the minivan currentiy in her possession, including, but not limited to lease . yments, all insurance payments, mileage related charges, repairs, maintenance and ftJel casts. Oefendant II, within a reasonable lime after her anivel in Pennsylvania, acquire the apprapriate automobile Insurance n her own name. .. . .' . rr IS FURTHER ORDERED AND ADJUDGED that PIi11/1tiff shall be entitled, upon reasonable notice, to barrow all photographs and '/ideo recordings in Defendant's po"'~'on for purposes of making copies of such photographs and '/ideo recordings, at Plainl!tl's expense. IT IS FURTHER ORDERED AND ADJUOGED that the Plaintiff shall be responsible for the payment of the following marital debts: a. The VISA account in Plainl!tl's name b. The SEARS charge account in Plaintlfl's name c. The outstanding loan balance owed to the Monsanto Employee's Federal Credit Union d. The oul:stilnding balance owed to American General for reftnished kitchen cabinets. rr IS FURTHER ORDERED AND ADJUDGED that the Defendant shall be responsible for the payment of the following marital debts: a. The VISA account in Defendant's name b. The Hur:lsan's charge a=unt in Defendant's name rr IS FURTHER ORDERED AND ADJUOGalIhat unless otherwise provided by this Judgment, each party wDl assume any other debt in their individual names and hold the other party harmless thereon. EXECUTION OF INl:lTRUMENTS rr IS FURTHER ORDERED AND ADJUDGED that the parties hereto shall sign and execute such llC:lmenls and insInJments including assignments, Quit Claim Deeds, aills of Sale, S1cck Certlftcates, Titles, dorsements and Releases, es may be necessa'Y and expedient to cany out the terms of this property reillement agreement and in the event that the parties hereto, or either of them, shall neglect, fail or refuse i do sa, the IlI'lI1g of a certified COP\' of this Judgment of Divorce Incorporating the terms hereof with the ayne County Regisler of Deeds, or far any other agene'f, corporation or person sa requiring, shall act in the place of same and to the same effect as If said documents and instruments were signed and executed. RETENllON OF JURISDICTION rr IS FURTHER ORDERED AND ADJUDGED that this Court shall retain jurisdiction of this matter and of the parties l!ntil the parties have complied with all aspedS of this Judgment. '....., ..-1-)~ I -1-'~' .J: I .. I'fl n=~, ''H111 T'.'- _~ .,-. ld Thcma: 'J'bo YitJIaIiou ..Ib PtUUp .. aoie. well. bill u r YO wd (mm rbe WI'V "tit day it wu a..__t In SaIl,'. oIIk:e. tba.tbortaIed yWIl.... CO be only hlmprw- IA 0I\IIr CCl ~ booclI ill, I.... ..1Wq ID _ID "'" ,.uo..IaJ"-' OIl -'-"Dll\Cardl,1 will irAlcp bim liJI ,:00 pal, ill Ap1J, lW ':00 JIIIIo -. bopIoIIaJ ill Moy..... ..... _.... booclIlD.... "1IGIIIlOl"...._ -.-y_ CuU ~ l1'ndoy _. _'" Sunday -I> pi.. _ day Ull "'" 10""" -.. (pnIUIIIllbIy S_,), w. ....... "....1&1 UIIk 1000 aboul .._ PlIlllp wtU bo P' fO school ill.... IaII. OR. 11\ ,1 (e..... 1- .10 T~1{' , /4k loI,q r ~ ~- b"~'1 ("-S' y..:>.. r, t ,1: -...f r"'J51'0 ~-- .... "r'~((~ -j"''' .~ iuy" ,,", Mq...d., ) OS/20/99 12: 15 TX/ILX NO.3249 P.009 . 1..,-,Al'lr6 1}117 F1!f'f'f~..w!!1 r(lj fO. h~. IA -, 1. - - GAIOOAV NAAIH .. -.... 31, ,.. '51 pm ...- I Mwe'" *1.......1 Uaut Id.ng PI'li" ~ to II'It ra.. on:urn&t.anc.el. at no roqufJtIId. hi. tmI. howwtt, lU ....... ~ ~ 10 __I am .,......, I......U.......tandI pIU....., III........ ~ CM De ~ IIU Nfcn) m1actlve wnrncdlltlfy. I "'11.11 to you ..... Ptt., 10 lIeado wMthIt "'III OlItJ1"'_ .....-d..... """.. rrwwnurn, I ""10 ...I'tl~.... S~~" AltO..' ~Ued '" IN dNor_ no,..,.nt, ,..... Dt.tn me for Mlrnutwd o..y 'IfIIIoeUI'ld l~... COIn rt'ld'lt 1tl~ 1Il"1~ mamer. 11.j~ i! 50,"';; Co])cl';'l~ t- .....:+-11 e-t~l",;l r h~ de .f, ,J;,. " ....- Y' 7 OS/20/99 12: 15 TX/IlX NO,3249 P.OlO . II \" "i ( -'- ''''1 "\ ll~ICOAY NAR,H TOol ttc ~- F....IO 1m 'liMIt ~ ......~rWDOl'\lI p-... Irf IN'l1lnl*...... 111M I e.In paclI PNlG 110 l;)f) ,~. I dM I ..,.It to ttgN "'-...... 1 j&4t ".'lI) .'M m~ \ 1oIlfl. r...." 0..- .1I,)tIQ Ufn tr\d I dDrft "'""'" ".. ...,.eca.. ,.., "-'1 'It........ lIT\' ~ 11M 1.lm .... Ior~""'" II fAIt. ,....01\.... Mlliwnat' Ifn."..a 10. \ \ , , "'- ~ 1\) <> 1<. 11~ y ~ F"'{~J +b +;+Ie. &;..-p-...... j S'l~ v'~..r f'cvJ OS/20/99 12: 15 TX/llX :'-l0,3249 P.012 . '14I'.O~I":O ,.',1/' Pf~~Ii,t-'f4l1lf;ll ... I'.,,:;{ ,~: TOj - - GftIGOfIV MARSH .... Wad, Mny ". 1018 !.l5 jn - Th..,.... I ~ ttQI'heena fftlm , ")Gu tcw l'M1 p.... hlt mo ~ haw ~U i, ao.nu ''*-t """ ....1tWU:I. , UiJ HRl'HnI.u.. ~ <X SUnd.." ......, IilJiltt JWpeGt IV IN ,.. Nt my m4 ,...,. ptbnq bwonII4lG yQ\lI ....., the UMt otfIcIt 'IlIIMlMd!lt me It\et ttI4I rM&M _1Iu ..1tI1t!'W'~ tbd",.. ~IIJ 'JIG'" ~ 100f mlIiI tram 9,25 (ll'tlIfM ~. 01' W,.., Swtct 10u mowtd 1M 1O)onq.. me gQGf 0.... ~lfnlly IrIw*llhta JlIIrt*nl (0 1ft)I1'MIt. I dotI1 Ilnaw _ you dto: 1M.... MIl" 1mlG)/U... but '*-' lilt me ~IUW .. laM.. ~ "'*' 'fOU'" my IQIL s.un. 01.,. 'AI' ~ iIiiMt 1M *M....., oki WhtII It ma, nol 00 'fG&;I ktwn lnet "'" jliOIt oMof ..1r.JIw~ ttl)!'" at ... ;M ~. .llI nnt mw ~ ....,.... 'M10Wc1 rnA ~ Kt wWl ......10 Q* ~t~ ~ tMlI on two~ lilt )MWr,IQIlI &Om..lJI~'m.I.wtMCtl tim.II~'" ~ h) ..rt~**",lICImetG bnng ,t ow.- me' _ or """!he ~1t.1lI. I ~ ',ou....1 all"'" tlJdMI:l m. IIle QIlUnn, of letttng me lUlOW ~anI~ ~ fl.. I"", nn PnllID IO"'VIlt IMlilIlded rrwI, Ttwn~ \ \ "'-. "'-, ''ill 'I Pk,l~p ~5-t-'1 (e~f<1V',Jef, ~\.-~ ba.... -I...(C"" d.:/I -1.0 -~ r",",", ) 'let l'\.o OS/20/99 12: 15 !X/fIX NO,32.19 P.016 . ;il j I !~g~1 ~ '" :::: a; liJl!~ ... ~ .2l tl .. =~"'~ .~ . II ~ ." T!I j . ~ I~ i ~ I~ ~ ~ ~ I II ~iEl ~;~~ . . . ji a~ Ul -.1o.l ~ i i Ii ~ JU~ 1 2 !9~ GREOORY S. NARSH, Plaintiff IN THE rouRT OF c::c:M1OO PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA . . vs. NO. 96-1145 CIVIL T~l THERESA L. NARSH, now THERESA L. CRA~IFORD, Defendant CIVIL ACTION - LAW IN CUSTODY au:lI!R CF cam AND !<<:W, this I'l Ii. day of 't. i q consideration of the attached Custody conciIlati&i and directed as follows: 1. A Hearing is scheduled. in Court Roan. . / of the Cuirtlerland County Court House, on the ,')'1 (', day of 01 <.I (I'''/. i' ,) , 1999, at I' ~ (J o'clock, -L2.....m., at which time testiil'ony will be taken. For purposee of this Hearing, the Father, Gregory S. Narsh, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearir.g and a SUlTll\ary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. , 1999, upon Report, it is ordered 2. 'Ule Father, Gregory S. Narsh, and the Mother, 'Uleresa L. Crawford, shall have shared legal custody of Philip Scott Narsh, born Decentler 16, 1986. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. 'Ule Mother shall have primary physical custody of the Child. 4. For a 2 month period, beginning July 17, 1999, the Father ehall have partial physical custody of the Child on alternating weekends fran Saturday at 10:30 a.m. through sunday at 10:30 a.m. The Father may also have an extended period of custody with the Child during the first week of August if agreed upon by the parties. 5. During the exchanges of custody under this Order, both parties shall cooperate and encourage the Child to go with the Father for the period of partial custody. BY THE rouRT, I' ~J\t~/)~ J. cc: Rebecca R. Hughes, Esquire - Counsel for Father ( ~Lt, Bradley L. Griffie, Esquire _ counsel" for Mothr - :c"'F'"' /7>' . 7/I!>/n. "". ~ CRE<XlRY S. NAIlSH, . IN THE axmT OF CC'foIlo1OO PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 96-1145 CIVIL TERM . . . THERESA L. NAIlSH, now . . THERESA L. CRAWFORD, : CIVIL ACfION - LAW Defendant . IN CUSTODY . <llS'l'tIJY (DICILIATICIl &MWlY REPCRT IN ACCaUlANCE wrm aJlIBI!m.AND CXXNl'Y RIJLE Of! CIVIL HlO '" .RB 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME MTE Of! BIRl'II aJUWn'tY IN <llS'l'tIJY Of! Philip Scott Narsh December 16, 1986 ~Iother 2. A COnciliation Conference was held on July 8, 1999, with the following individuals in attendance: The Father's counsel, Rebecca R. Hughes, Esquire, and the Mother, Theresa L. Narsh, now Theresa L. crawford, with her counsel, Bradley L. Griffie, Esquire. The Father, who is currently out of town on vacation, participated in the Conference by telephone. 3. The parties entered into a custody agreement in 1995, which was made part of the Divorce Decree in Michigan, where the parties resided at the time. This COurt adopted the Michigan Order on March 28, 1996. The Father filed this Petition for Modification, seeking to have partial physical custody of the Child on alternating weekends and for an extended period in the sunmer. The parties were able to reach an agreement on a temporary custody schedule for the next two months, which would gradually reinstate the Father's periods of overnight custody with the Child beginning with one overnight on an alternating weekly basis. The Father also requested that a Hearing be scheduled in this matter in the event the parties were not able to expand the partial custody schedule to full alternating weekends after completion of the two month temporary schedule. 4. The Father's position on CUEltocly is as follows: The Father believes that it would be in the Child's best interest to simply reinstate the alternating weekend custody arrangements which had been in effect before the Fall in 1998. ACCCirding to the Father, the problems arose when the Child refused to continue the custody schedule after the Father's remarriage in September 1998. The 5'ather indicated that at that time, the ~a ~ I I . ~I~B . . I ... .. g c:I ! ~ ,I j II I~!~~ ~ .1 ... .. ili fD ~ ! t I ~ !! ~iguB If I ~~ i! . ~ ~ I i ~ E2 ... Ih . . . . I:: i a ~ lIil I> ""'''''' S UOI ! Ii tl 'f 5 110 = ~ , . , '" ., AW III I. i." ~. p:' . 11999 .~,~.",. . //. ;;;'~:';AI' (t- , .~~A;.) "., . . GREGORY S. NARSfJ, PETITIONER, : IN TlU: COURT en' COMMON PU:AS 0.' : ClIMO.:RJ.,\NU COUNTY, PF.NNSYLVANIA v. : NO. 9f>.1145-CJ\'II. TERM TfJERESA L NARSII. RuW THERESA I" CRAWH)RO, RF.SPONDENT. : l!\j CUSTOOY PF.TITION !'OR CONn:MP'( AND NOW, comes the petitioner. Gregory S, Narsh, by and through his attomcys, IRWIN, McKNIGHT & HUGHES. E~quircs. :md tiles this Pctilion till' (\mtempt, making thc tilllowing statement: I. The parties to this action are the nalural pal'cnts of Philip Sc"tt Narsh. bom Deccmber 16, 1986, 2. "conciliation was held on July 8, 1999 wherein the parties leached an agreement as noted in the Order of Court attachcd as Exhibit""" to this Petition. 3, Specifically, the Order of Court in paragraph live (5) slates Ihal both parties shall cooperate and encourage the child to go with the father 101' the period of partial custody. -I, On or about Saturday, August 28, 1999, the petitioncr picked up the minor child Il" his regularly schedulcd visit at 9:30 a,m. 5. Upon beiOlg Illllitic-d by the petilioncr that the pelitioner's new wifc would be present during their visit, the minor child contactcd his mother to ask hcr what he should do about this situ:uion. n. Witllllut uny dircct contact bctwccnthc pctitiuncr nnd Ihc rcspundcnt, the rcspondcnt wcntto thc petitioner's home and pickcd up thc minor child a' b:OO p,m. on August 28, 1999. 7, Ofliccr Castle from the North Mi,ldlcton Township Policc Dcpartmcnt contactcd Ihe pctitioner and infomlcd him that the rcspondcnl hnd callcd Ihcm fi.lr nssistancc, Attnchcd as Exhibit "8" is Ofliecr Castle's police rcport. 8. Officer Castle indicnted to the petitioner thnt he advised the respondent not to remove the minor child trom thc pctitioner's home, 9, As instructed by Ofticer Castle, the petitioner cnlled the Cnrlisle Police Department and Oflicer Alan Macc responded to a call by going to thc petitioncr's home and telcphoning the respondent from the petitioner's home; Officer Cnstle indicated that he would be leaving a message with the respondent as well. to. The next scheduled visit Illr the petitioner is Scptember II, 1999, II. Attached as Exhibit "e" is pctitioner's signed and notarized Aftidavit outlining to the best of his knowledge the evenlS surrounding this Petition tor Contempt. 12. The petitioner is secking contempt procccdings agninst the respondent hcfi..rc the ne.xt scheduled visit to nssure Ihnt Ihis visit will occur without the respondcnt's intervention. GREOORY S. NARSII, Plaintiff : IN THE COURT OF CCX'lMa'I PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 96-1145 CIVIL TEl1JIt THERESA L. NARSH, now TflERESA L. CRA~IFORD, Defendant : CIVIL ACTION - LAW IN CUSTODY aIDER OF <XXlRT AND ~,this /'t:tJ..... day of Qu.t... consideration of the attached CUstody concil.JatTIln and directed as follows: , 1999, upon Report, it is ordered 1. A Hearing is scheduled in Court R~ of the CUmberland County Court House, on the .':J."-;tJ.., day of rtL '-' , 1999, at ", ~o o'clock, p.m., at which time test y o;;trl be taken. For purposes of this Hearrng, the Father, Gregory S. Narsh, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a SUITI11ary of the anticipated testimony of each witness. ~hese Memoranda shall be filed at least 10 days prior to the lIearing date. 2. The Father, Gregory S. Marsh, and the Mother, Theresa L. Crawford, shall have shared legal custody of Philip Scott Marsh, born December 16, 1986. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The Mother shall'h~ve primary physical custody of the Child. 4. For a 2 month period, beginning July 17, 1999, the Father shall have partial physical custody of the Child on alternating weekends from Saturday at 10:30 a.m. through sunday at 10:30 a.m. The Father may also have an extended period of custody with the Child during the first week of August if agreed upon by the parties. 5. During the exchanges of custody under this Order, both parties shall cooperate and encourage the Child to go with the Father for the ~riod of~rtial cust~. TRUE Copy FROM RECO?D In Tp.SI:m~ny '.'lln:of, I h' n "I' : 'I r.1'1 hand BY THE COURT, and the seal or said Court at CJrli$lc, PJ. This..I.~..~ day of ....~Q..J. 19'1f. ...............J.A:..t.t.c./,.,:..JL~v................ I~J ~w~ Ci... ~ J. cc: Rebecca ~~Jq~~~~O~~uire - Counsel for Father Bradley L. Griffie, Esquire - Counsel for Mothr ':'1r-'D~l'f'A 11:)1 PF~R,>-M111. rrt-j p, " t ~l7 \. After bein. scmed at OW' tabl. at lb, t'$Ilawanr. Vhilip .lslu:d ror lifty '~nt>>. '4'hi,b I ,ave IA) hlm.lUtd 1M liMn ..n d1.tat)", Mhlf he h..... btten jJOl\e tor iC'\icral minllf", I wunl tu IUllk fellt him. I (uul'hl him AI the p.)'ph~ <:aJ.bna bLt mom. aha... Crilwfurd.). lipun IICWnjiJ Ms, (.....wford" .m1wnrina mi1cltinr., he left fbe (UUU"U1~ weud~. "I-lIIIUJell. it', (he JuAnn j.,. hc:n: ilnd I'm nul,UN ....hat to d.o." PtnlJp ana l \beD retUrned to the. Ulbh:, ,t. A shoo UJJN latdr. 1'1'u.wJd '"!Wllf (JUlIIlh!! ubI!! IUlIJ tetunact,J 10 rtw PlY phOM 'oil"",,, I called M.. C"wford.wl left a mcwllC IlIdlCOllna ",..l'lliiJp was fine; "'"lie had b<En Inld in ..IVllrk'. Ihac JoAna ...oukJ be prc~DI; iI1\l1 tfwt it wooW be be\l (UI Philip 11111 411 L:()nn~mrJ.1 it sIkt iimpl)' bonored me CUWI 0nJcr ;,&all! did nUl mab a biSlhlns 0111 of thlJ lAlnng I:notikfau l1ultp rertl,ed to .;.at, but !UI quierly aI the rnble and reiW. ba book. 1. Upon retumiD, borne trum bl-.akf.ul (applO,dmahlly I: IS p.m.'. PhilIp WIt"' hell to biJ. toOdL Approlinwely l' minutes laW. f'tuUp C.lJlk:out uCbi.tOOIll, ('hdip hMd c;llnwI dO~Q cOMidccabf, IIlnd thin&, bc:pn lU impnlv., AI Philip's suSF'ljon. he. JaAJln Jnd I "u:nt Iv. lo.:aJ amldo (lbe SPOil" Emponwn '" Culisle) III play "I...... "." loAnn offered WI Philip may IJkc to bllve JU$(. t'alhcr iUkJ JOn day at th.: iU'l:;tW:; huweva. PhUlp 'llhllhal II was rinc wUh him ir IuAnQ wlQlCcd to !;Orne wons, JoAnn did decide to lCoompnny Philip.md m)'Setr. 6, On lhe way to the ~. w., all s'opped al tile CaDdy Barn (.1 siniUI ~y .h>ee in Cadblc) and lIach picked OUt cand)land spoke wirb the owner of &he Candy Batn (ur . Iburf Ilfne. We &ben M!nf on our Wi&)lW Ihc lU'UIile. 'I. At Ibe arc~ we played laser lag [ORCtTher, played .'fUftlG \l1d.lO gAr1'II'l' and bad . pl~ttimu. l 08/30/99 II: 24 lX/RX NO.50B! P.003 . GREGORY S. NARSH, PETITIONt:R. : IN TilE COURT OF COMMON PI.EAS ot' : ClJl\IOt:RI..AND COUNT\', PENNS'H.VANIA v. : NO. 9()"11~5-('JVII. n:RM THERESA L, NARSH, now THERESA L eRA WFORO, RESPONDENT, : IN CUSTODY CERTIFICATE OF SERVin: I, Rebecca R. Hughes. ESljuire, hereby certily that on this date a true and correct copy ofthc lorcgoing document was serWd upon the attorney tor petitioner by tirst-c1ass United Slates Mail, postage prepaid in Carlisle, Pennsylvania 17013, addressed as IlllloIVs: Attorney Ill( petitioner, Gregory S, Narsh Daled: August 31, 191)1) ..... 'CI r-:~ . ., , " , -., ( h. c,' " , (, C.," l; ,. CL ~ t j': -. "- c.-, ) C. U', U . DR 25.16)-1 TIIERESA l.. CRAWFORD, PI.AINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI.V ANIA VS DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT GREGOR Y S. NARSII, DEFENDANT: NO, 1145 CIVIL 1996 ORDER OF COURT AND NOW,Ihis l!!I day nfJlllril. 1996, bascd uponthc Court's determinalionthal 1'llIinlift's monthly nct incoll1c/curning capucity is $ N/ A . IInd Delendanl's montbly net income/cllrning cllpuclty is $~. it is hereby ordcred thutlhe Defendanl puy to the Domcstic Rcllllions Scction, Court ofCflmmon Picas, $~ a monlh payable 200.01l ocr week effcctivc. Aoril Q, 1996. Arrears set at $ 0.00 as of ..6w:il 2. 1996 (with the last payment dale of N/ A ), are duc in fulllMMEDlATEL y, Contempl proceedings, credit bureau reporting and tax refund olTset certilication and entrance of a judgement may be held in abeyance as long as Defendant pays $~ on arrcars each payment dale. Failure to make euch payment on time and in full will cuusc all arrears to become subject to immediate collection by all of the means listed above, For the support of Theresa!.. Cmwford, This order is bused on the parties stiDulation allreement. No incomes and eXDenses were considered bv the Domestic Relations Office. This order shall amend in accordance with the Darties December 19. 1995 Judllment of Divorce, Tbis order lakes into consideration that the defendant shall Drovide cobra benelits throullh December ) I. 1997, The defendant shall pay the costs of $ N/ A , which sum includes the pro-rated service fee 01'$ NA , payable wilhin NtA days, Said money to be turned over by Ihe Domestic Relalions Section to: Theresal.. Crawford, Payments must be made by cash, check or money order, Cash payments must be made in person, All checks and money ordcrs must be made payable to Domestic Relations Section and delivered or mailed to Domestic Relations Section. I) North lIanover Street, p, 0, Box 320. Carlisle, Pennsylvania 170 I), Each payment must bear your Domestic Relations number in order to be processed. Unreimbursed medical expenses are to be paid N/A % by Defendant and ~% by PlaintifT. N/A to provide medical insurance coverage N/A, Within 30 days aftcr the enlry of Ihis order, the N/A shall submit 10 the person having custody oflhe child(ren) wriUen proof that medical insurance coverage has been made. Proof of coverage shall consist, at a minimum of: (I) the name of the heulth cure coverage provider(s); (2) any applicable identilication numbers; (3) any curds evidencing covcruge; (4) Ihe address 10 which cluims should be made; (5) u description ofuny reslrictionsonllsage, such us a prior upprovul for hospital admissions. and the lI1unner of obtaining appruval; (6) a copy of the bene lit booklet or covcrage contract; (7) a description of all dedllctiblcs and co-paymcnts, and (8) five copics of any claim forms. . .. <.0 en PARTIES MUST WITlIIN SEVEN DAYS INFORM TIlE DOMESTIC RELATIONS SECTION AND THE OTlIER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES REl.EVANT TO THE LEVEL OF SUPPORT OR TIlE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING. BUT Nor LIMITED TO. I.OSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT, A PAR ry WHO Wll.l.FlILl,Y FAIl.S TO REPORT A MATERIAl. CHANGE IN l'IRCUMST ANCE MA Y BE ADJUDGED IN CONTEMPT OF COURT. AND MA Y BE FINED OR IMPRISONED. PENNSYl. VANIA L.A W PROVIDES THAT ALl. SUPPORT ORDERS SHAl.L. BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER. YOU MUST DO THE FOLl.OWING: AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD FILE A PETITION FOR MODIFICATiON, FORMS ARE AVAILABl.E AT TIlE DOMESTIC RELATIONS OFFICE. A MANDATORY INCOME ArrACHMENT WIl.l.ISSUE UNLESS HIE DEFENDANT IS NOT IN ARREARS IN PA YMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBUGA TION AND (I) THE COURT FINDS THAT THERE IS GeXlD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WtHIIIOLDlNG; OR (2) A WRITfEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAYBE REPORTED TO CREDIT AGENCIES, ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PA YMENT SHALl. CONSTITUTE A JUDGEMENT AGAINST YOU. IT IS FURTHER ORDERED thaI, upon defendant's failure to comply with Ihis order. dcfcndant may be arrested and brought before the Court for a Contempt hearing, defendant's wages, salary, commissions. and/or income may be attached in accordance with the law, this Order will be increased without further hearing to $ NtA a month until all arrearages are paid in full, Defendant is responsible for court costs and fees as determined by the Domestic Relations Section. This order shall be come !inalten days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations fSection Ii." a hearing de novo before the Court, Copies delivered to panies on Consented; Plaillliff Plaintiffs Attorney Defendant Defcndant's Attorney DRO; Frank H. Goshorn cc: Thcrcsa L. Crawli."d. plaintiff (ircgory S, Nilrsh, dcfcndilllt frances II. Del DuciI. Esquirc J. ,tk -.jj' ~., .. ~) ~ Il.-l "i t~ ~, o.J , I':: -1 \~ c...:. , I' I L '-j q " . . '-. ~ \ FRANCES H. DEL DUCA AnORNEV AT LAW TIN W..T HIGH .'r".,T CARU'L~ PENNSYLVANIA 17013 ST ATE OF MICHIGAN IN TIlE WAYNE COUNTY CIRCUIT COURT '.'"~"'''''4..'''"" >.,_,_......~~~..,...f ,J l~ 1>' ~ ../~ 11'1 J' (},v.-I rl.~- GREGORY s, NARSH, PlainliJf, v. THERESA L. NARSH, DcfClldaoL Case No. 94- i 3'1.17'1 41"') The Hooorable 'S,-,of.._#"l D, 8:.),~'1 ',VICTOR A.."ID ROBBINS BY: MICHAEL A ROBBINS (PJJ884) Morneys for Plaintiff 555 S. Woodward Avenue, Ste, 600 I irmingham, Michigan 48009 (810) 646-7177 FILED TEOLA f' HUNTER W-'fti:': r:(".t~t,\ TV LLJ:RK DEf 1 9 1995 TUCKER, TOBIN & TOBIN Y: ANN M TOBIN-LEVIGNE (P3S7S7) J801 Cadillac Tower etroit, MI 48226-2822 1(810) 961-6700 II I J..U..DGMENT OF DIVO~ " il At a session of said Court. held in the City at Oetroit, CounlV of Wayne, Slale of Michigan an DEe 19199S HON. SUSAN D. BORMAN Present Circuit Judge "This matter having CQme on to be heard upon the Plaintiffs Complaint for Divorce on tile ....; lh.e ~ ,,' . ...........' .\ Oe~.llavlng tiled an Answer. lhe parties having enl8red Into . seUlement ~m8f!l1!nd ~ ;"_ ',' ...~r-~~ ' , I '''''. '; _".' ;i'1<:;;'~;'~~t.:\V Illkeii.In open Court In suppM oflhe ~lhe Court having taund tt.(1(Jlll4' . ' .' .' " ..."..'1II<J~""'"""", ~i" ;!y. __-'!K.-~.."~"",,..,,;,, ,- .;- ,li~_'.~7 ...:...-i-;.-..1;-' " '., ',','<.J ~ - CouithIniiriGbeenolh.r...fuIlyllClWi8dlnlheprerNus; .,' ,,'eM . ,,' ,..,_.~....!,. '_" '-', ",.- ,<'"i"~~,">'.~, ~:; ~\",~.~~UpaR~.oflolcllulA,,'Robtins, ~fat'",.:'r;,!,::i~~r ~..,;: ,'" _-....1- ". "'."i'':''~'=''~t<Yt>'"~ -',.........i., . . ,...;-,1,::':~;,jE~~'7S~.u< ':,It~: r,' '~ttEREBY~ANDADJUDGEDASFOLLOWS:"!(".' , :..~ ' l"~'_\' ..,.I'.. ...:;.~:;~'- "i>"~:.:'~-"';; ;,itf-~ jt?~(r ~,,:::j'~~f'~'~~'- It!'.. ..,.. , "", . l,;i. . , 1 A , ~ rt ~ ~ .. ;; ~ p ., ~ -..; '" ,,. ~ . ~ . 3 j if , ~ '- .... r,: i, " .- f - , rJ; . r'.., ....; :.-4 <)<- , , ~: I !:'.; C' . i L.. , I - ". ,., ) '-' c.' '_.I . -. '" .~ '~~ ~ '-..: 1 '< ! ~ '3 .J '" '., , ~ I No,A 18576 I ST1 TE OF MICHIGAN, I u. I tounty or Wayne I 1 t",~ P"I __Jl. I f.J14 Uk CERTIFIED COPY - "LA W" I, TEOLA p, HUNTER, Clerk or Wayne County. and Clerk or the Circuil Coun ror Ihe Cuunly or Wayne, do hereby ceniry, that Ihe above and the rOreloinl i. a lrue and cor....t copy or ~WW;~;~~1~~~ ~~~~'Esr- entered in Ihe above enlilled cause by .aid Coun, as appears or record in my om... That I have compared the .ame wilh the original, and it is a true transeript thererrom, and orthe whole thereor. In Testimony Whereor, I have hereuntpf'B' trag arW'JlffU!ed th. ..alar .aid Coun and County. at Detroit, Ihisday or 1;:1;:10 A.O, 19_ /' / fee,sdrlUJ q;~ ~ TEOLA p, HUNTER, Clerk ~ Q~ \ ~ ,Deputy Clerk . . '.~ ,J"'T .. , ...~J' . \ ;"\ r i.k I """r 4 ,', ~ J..: i"; 1'~ rr I .~" '. I ~t : }~ J i : ilL , I;'. --,' - '-"~;'~..: .,;-",'~~:r~~;_ 'o~> . 'i'l t- o I . . " '.t.... t . ",,,", . : I " . ~ 'i), I ASSoLl11'I! DIVORCI! rr IS HERESY ORDERED AND ADJUDGED thet the maniega be..n the PIaInlIfJ, GREGORY L NARSH, and the Defendant, THERESA L. NARSH, be dlaolved and the lime Ia hereby dIaaolwd accordingly. CUSTODY OF MINOR CHILD rr IS FURTHER ORDERED AND ADJUDGED that the partleslhall h_ jolnt legal cUItDdy of tha minor chlId of the parlleI, PHILIP scon NARSH: 008 121111.. and the Defendant, THERESA L. NARSH, shell h_ sole ~ CUIII:ldy of the minor child until such lime II sald child attalna the aga of elghtaan (18) years or unUlthe ftJrther Order of tha Coull In regard to joint legal cuatady: A. The peIliea IhaJl coneult II1d alIempt to agree before mejor deciliona are made affecllng the chiId's edll'...tlnn, rdgialll educatlan, enrichment ac:llviIIes, camp, trawl, madlcal and den.. problema. B. The parties shall hava equal a_ to madiCll, dental end educallanal personnel and records of the minor child. '-""'co ~II_... . 0... C. The IllUties shall naIIfy the other of any emergenci.. relaling to the minor chlId end nollfy and giw the other parent an opportunity to be pr..nt for ell routine madiCll, danlal, opllc:a/ and peydtologlcallreatmenl O. Thet each party shall keep the other parent informed of the whereabaula of the child and hisi11er own whereabouts In the event of a medical or other emergency. E. That the parties shall inform and bit infonned about school, muak:. or IpOr1I. and OCher enrichment adivttl.. of the child, and be provldad an opportunity for parenting. F. That If at all possible or feaaible, each party shall give the other party the opportunity III provide child care aeNiC88 for the minQr child in Ueu of hired child care or babysitIIng. G. That If ~ ''1, bath parties shall participate in family counseling through the Friend ot the Court or .. recommendad by them. H. That whIe each party has physical custody of the minor child, that party shall be respanstbte for all routine decislona regarding the minor child. Each party shall provide the other party with their preeent addr_, phone number. end _u_ ..... .... - .. ;_.111 _ I. - " ----- ..~ . ... . - . ..MIll' O"ICU "I;::'oll ROlliNS . D..". 'J1 WOOOWdDAVI. IUfft .. ~INGHA". M'"aoo, - aublequentchangea. VISITATION IT IS FURTHER ORDERED AND ADJUDGED thAt the Plainlltf, GREGORY a. NARSH, shall be awarded the follOwing speciftc righta of vlaitation with the minor child: A. Seven en waeks in the summer which shall be dlvtded Into no more than two (2) aagmenta. Plaintiff agrees to respect the minor child's daslre, It any, to be present In Pennsylvania during the summer program of the Central Pennsylv8n1a Youth Ballet (mllldmum live (5) weeks). B. One (1) weekend per month in Michigan. C, Reasonable and brat righta of visitation in Pennsylv8n1a, including ovemlghlll. D.' One half (112) of Christmas vacation each year with the Plainlltf being awarded Chrislmaa Eve 8nd Chrislmas Day in even years. e. Every Memorial Day weekend. Tha parties have agreed to make night arrangementa from ~..:::_'..':--' .' .- -- -.--..----__.____.4 .------..-----..-....--.--- ...--.- Pennsylvania to Michigan for es cloaa to the end of the school day as p""e1ble on Friday before Memorial Day and departing Michigan for Pennsylvania before 8:00 p.m. or as cJou thereafter as Is possible on Memorial Cay. F. A1temating Thanksgiving weekend which the Plainllff shall be awarded in even yea.... The parties have agreed to llight arrangementa from Pennsylvania to Michigan made as c101e to the end of the school day on Wednesday before Thanksgiving and departing from MIchigan to Pennsylvania prior to 8:00 p.m. (or es close thereafter as Is posalble) on the Sunday following Thanksgiving. G. Alternating Easter break (including Easter Sunday) which shall take placaln odd yea.... The parties have agreed to flight arrangementa from Pennsylvania to Michigan made as c10U to . H. the end of the schoo! day before Easter and departing from Michigan to Pen/l8YlVlnll prtor to 6:00 p.m, (or as close thereafter es is possible) on the day before schoollhel1 begin. AJtemating Winter break (if applicable) in evan years. The parties have IQI'Hd lID lIIg/lt arrangementa from Pennsylvania to Michigan made es close to the end of the school ~ before Winter break and departing from Michigan to Pennsylvania prior to 6:00 p.m. (or .. close thereafter as is possible) on the day before school shall begin. IT IS FURTHER ORDERED AND ADJUDGED thet the Defendant shill pay for one hilt (112) of th. cast of two ('2) round-trip ajrUoe tickets per calendar year between Pennsylvania and t.tchlgllll. The PlaJntllf shall be r..pol1Sible for the balance of the lransportaUan cosllI. IT IS FURTHER ORDERED AND ADJUDGED that in 1995 the Defendant shall pey for one half (112) of the cost of one (1) round-trip alrtIne Ucket IT IS FURTHER ORDERED AND ADJUDGED that bath parties egrM tD maintain a lInoke-rr.. environment during the Urne that the minor chlId is wilh each of them. AddIllonally, the parties ftJrther agree that upoIUllI to incldental smoke outslde of each parties residence (such as in a restaurant, baaeball game, etc.) shall not constitute a vlolaUan of this aglllement DOMICILE OF MINOR CHILD IT IS FURTHER ORDERED AND ADJUDGED that the domicile or residence of the minor child shall be removed from the State of Michigan to the State of Pennsylvania unlll ftJrther Order of the Court. IT IS FURTHER ORDERED AND ADJUDGED that the domicile or residence of the minor child shall ... .... --~ -_....... ---.-... .-.--.-.-------.---,--. --... not be removed from the State of Pennsytvanla without the approval of the Judge who awarded custody, or hisIh.r successor, and the physical """cxlIan shall promptly notify the Friend of the Court whenever aaId minor child is moved lD another address. The present eddrllSS of the minor child Is 925 Forest Court, Carlisle, Pennsylvania 17013. -- ........ ..:':'OR..ROUIINI &0_ I. ,,"Q~ .m Aft, SUPPORT OF THE MINOR CHILD IT IS FURTHER ORDERED AND ADJUDGED that the ,Plaintiff shall pay child support to the IDefendant, until said child attains the age of eighteen (18) years, or graduates from high school so long u be ~or chlId regularly attends high school on a ftJlI-tlme basis wilh a llIasanablll expectation of completing mcient credits to graduate rrom high school while residing on a ftJlltime basis with the payee of support orÿat an institution, whichever is later, but in no case after the child reaches nineteen (19) yeara and Ilx (e) , months of age, or until ftJrther order of the Court ChUd support shall be payabla through the ol'llces of th. e County Friend of the Caurton a bl-weekly (every other week) basis in the amount of $326.00 ($163.00 per week) commencing upon enby of this Judgmenl , SERVICE FEE IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall pay to the Friend of the Court ~ e statutory sarvice fees [currently Three ($3.25) Dollars and Twenty-rIVe Cents per month) payable .... OBlell -:TO.. ROI..... iDI_ S WOGDWUID.... ..... - NOHA'" M' ._t " ..miannually In advance on January 2nd and July 2nd each year hereafter while this Order for SUpport II operative. InlIial payments for the months preceding the next regular date shall be lMde forthwith. SECURITY FOR SUPPORT IT IS FURTHER ORDERED AND ADJUDGED that the Plalnllff, GREGORY a. NARSH.lhallleCllN the right of the minor child to receive support In the event of hls death prior to the termination or IIlla1adlon of the support obligation by naming the mlnor child as Irrevocable benetlciary of a ute Insurance polley In the amount of $100,000 unUlthe Ume that this child support obUgatlon ceases. Amounts paid thereunder shaU be credlted agBlnst any obligation PIainUff's estate may have for similar payment IT IS FURTHER ORDERED AND ADJUDGED that any Dfe Insurance polley presently in nIlItence In the name of the Defendant or "'~uenlly acquired by the Defendant on her own Ufe shall nemethe minor child as Irrevocable benenciary up to the nrst $100,000.00 of CQverage. ARREARAGE IT IS FURTHER ORDERED AND ADJUDGED that any arrearage for child support, day care ~-- ..-.~ ..~~_..-- - '-'.--'-'.p.-.-..... . ... ..----- - .....-.-..--..- -.-..--. -. -... -_..~.. . . lIlIp8lll181 or medical expenses for the minor child, or Friend of the Court service fealn the above mailer are hereby preserved and payable forthwith. STATUTORV INCOME wrrHHOlDING PROVISION IT IS FURTHER ORDERED AND ADJUDGED that pursuant to MCL 552.804 an usignment of ncome shall Immediately be issued :Or chlld support and alimony in gross (Section 71 paymenlll). EMPLOYMENT AND ADDRESS OF THE PARTlES . IT IS FURTHER ORDERED AND ADJUDGED that pursuant to MSA 25.184 (10), the payor, GREGORY S. NARSH, who is currently employed at DYKEMA GOSSETT, 400 Renaissance Center, Detroit, ichigan 48243 shall give the ofllce of the Friend of the Court the name and addrtlSll of eny subsequent employer. IT IS FURTHER ORDERED AND ADJUDGED that pursuant to MSA 25.184 (10), the payee, ERESA L. NARSH, currenlly employed at Central Pennsylvania Youth Ballet, 107 MeeUng House, CarlIaIe, Pennsylvania 17013 shall give the office of the Friend of the Court the name and address of eny subsequent ~ .... omeu "::TOA, ROIl..... &D_ ~waOOlNaO..... ..... - INQHAIl. III _ - IT IS FURTHER ORDERED AND ADJUDGED that the Plalnlllf, GREGORY So NARSH, SoclaJ Security No. 37D-7D-381S, whOlll present add.... ill 24520 San Marino, AlL 1:201. Flat Roc:Ic, MIchlgan 481J.4 and that the Defendant, THERESA L. NAR8H, SocIal Security No. ~7, whOlll preeent lIlllI..-iII il25 Fo" Court, CaIIIale, Pennaylvanla 17013, ahalllnfarm the Wayne County Frtand at the Court of Iny change of residence during the period Ihia Order Is operallve. PUBUC ACT 295 OF 1982. SECT10N 3 IT IS FURTHER ORDERED AND ADJUDGED that except es otherwlae provldad In Section 3 of the Support and VIsltadon Enforcement At;t, Act Number 295 ot the PubUc Acta of 11182, baing Sactlon S52.II03 ot the Mlchlgen Complied Laws, a Support Order that Is pert of a Judgment or Is In Order In a domestic ralatlona matter, as that larm ill dellned In Secllon 31 at the Friend ot the Court, Act Number 294 of the Public at 1982. being SeclIon 552.531 of tha t.tchlgan Complied Laws, ill a judgment on ami aft8r the dala each ppart payment is due, with lhe lull farce, effect and allributea of a judgement of Ihia state, and ill not, on and . ._.--..:....:...=.-==-...:.::==-~---_.--:-...:;.:.:.:..;..::..~~;:--. -- ft8rthe dala It Is due, subject to ratraadlV8 modlftcallon. H"4L TH CARE IT IS FURTHER ORDERED AND ADJUDGED that heaJlh carelnsuranca far the benem ot the minor Id shall be melntalned by both patti_It avaBable at a reasonable c:ost, IS a benem at employment, or 88 n optional coverage far dependents on a polley already obtained. IT IS FURTHER ORDERED AND ADJUDGED that pursuant to MCL 552.15(4), 552.111(4) and .1.1(4) both the PIainIIIf and Defendant shall inform the ofllce of the Friend of the Court of any health care rage that is 8V8iIable lD him or her as benem of employment or that Is maintained by him or her; the name fthe Insurance company, health CIIllI orvanIzallon, or health mainlanance orgenlzation; the polley, cerUllc:ata. r con!nlct number; and the names and birth dates of the persons for whose bene lit he or she maintlllna , health cara coverage under the Polley, cerll1lcate, or contract IT IS FURTHER ORDERED AND ADJUDGED that Plalnlltl's obllgadon to provide medical end dental rage for the minor chlld shall be maintained at a level comparable to the leve. of cOV8l'11ge c:wrenUy held y Plaintiff through his current employer, DYKEMA GOSSETT PLLC, but shall not be Increased except at .....omcu 'IC'T'QIl.Ro...... &01_ i S W'OOD-...a Ava. ..... - 'INGHAII.III41QQ' IT IS FURTHER ORDERED AND AD.(UDGED that the PlaJntltf shall pay 80% and the Defendant shall pay 20% of any uninsured health care expenaes <as deftned by the M1c/llgan Child Support GuId"Un.) after the Defendant hes paid the nrst $158.00 annually or LlnUI ftJriher Order of the Court WAIVER OF THE FRIEND OF THE COURT RECOMMENDAnON IT IS FURTHER ORDERED AND ADJUDGED that Ihla Judgment may be entered without . recommendation by the Friend of the Court STATUTORY DOWER IT IS FURTHER ORDERED AND ADJUDGED that the provislons herein made shall be in ftJlI tlsfacUon of all claims of dower and other claims which the Plainurr and Defendant may have again3t the other, and that the parties hereto shall hold their remaining land and aaaeta free, clear and diacharged from any and all righta or claims of the other party. STATUTORY INSURANCE PROVISION IT IS FURTHER ORDERED AND ADJUDGED that any interest whlch e_ither.of the ~rt!!:8 hereto may_ __._.___.. . .._. _A. _ __~ ......__.__.. __._~_._______.._._ _.. _ ~ . .-----.--. - ON have or may herelDfant have had in any peUcy or conlraa of Ute, endowment, annuity or other insurence, vfItue of being beneficiary, contingent beneftclary, or otherwise, is hereby exIlnguished, except as otherwise herein and the partiea hereto shall in the future hold all such Insurence free and clear from any right r Interest which the other party nON hes or may heretofore have had therein or therelD. STATUTORY PENSION PROVISION IT IS FURTHER ORDERED AND ADJUDGED that except as provided herein, any IntSrest eilher the lalnU!, or the Dafundant may now have or may heretofore have had, in any claim in any pension, annuity, reUrement allowance or accumulated conbibutions In any pension, annuity, or retirement system. including ny righta or contingent righta In and to unvested pension, annuity or retirement beneftta, or otherwise II reby 8ldInguished, and the pailles hereto shall in the ftJture hold same free and clear from any right or claim , 'ch the other party now hes or may heretofore have thorein or therelD. TAX EXEMPTION FOR THE MINOR CHILD IT IS FURTHER ORDERED AND ADJUDGED that the Plaintltf shall be allowed to claim the tall empllon for the minor chlId for tall year 1995. IT IS FURTHER ORDERED AND ADJUDGED that the Plaintltf shall be enWed to claim the tall ~ xempUon for the minor chlId for each yelllr subsequent to 1995 unlilsuch lime as the Defendant II able to ..... ameu Vr:T1ltL Hoa_ &D_ B I. WOOD ~ AWl. Vlrify thlt her income excelldl 510,000.00 In . callndar yat. In the event that Defendant eama_1hIt 510,000.00 per any callndar yelr lIUbeequent to 1995, then Plalnllfhhlll be lWIRled ltIe 88mpllon for IhIt year. IT IS FURTHER ORDERED AND ADJUDGED that In the Ivent that ltIe Defendant'. Income daee excled 510,000.00 In any calencbr yelr subeequent to 1995, the uempllon for the minor chlId &hall be altematad between the Flainllff and Defendant. IT IS FURTHER ORDERED AND ADJUDGED that each party ahaJl sign whatever documenlll are necessary, including a declarallon of waiver,ln a fom sallsfactory to thelntemel R_nuI Servtce 10 ato permit the other party to c1alm the chlId as I dependant on their Income tax retuma a provided by lhII udgment In the event that lither party flIjla to comply with Ihls provialon, then lhIa Judgment of DIvorce mey b8 utilized IS a declaration of waiver to allow the appropriate party to claim the minor chlId a dependant. ALIMONY IT IS FURTHER ORDERED AND ADJUDGED that nellher party &haD receive or be enllUl\d to .-------.- -~_. "'..: -::~:~ .::-:-.. ,...~:-..::~-:~7:-:-=.~7"':~~..~--:::--=--=-~~. aUmony am.lthe same is forlMlr barred. - ---.- ..' - AUMQNV IN GROSS ISECTlON 71 PAVMENT'!$' IT IS FURTHER ORDERED AND ADJUDGED In ac:cordanca with Sedlon 71 of thelntemal Revenue e,the PIainIIff shall pay to the Defendant aUmony In gross in the amount of $211,300.00 In accordance with I ,II following schedule: /1' A. From September 1, 1995 through August 31, 1996ln the amount of $200.00 per Male; (Defendant acknowledges clInlC payments from the Plalnlltf from September 1, 1995 through the date of enlJy of this JUdgement of Divorce) B. From September 1, 1996 through August 31, 1997 in the amount of 5150.00 per_Ie; C. From September 1, 1997 through August 31,199810 the amount of 5125.00 per_Ie; D. From September 1, 1998 through August 31,1999 in the amount of $89.23 perMlk (WhIc:h Is $300.00 per month) IT IS FURTHER ORDERED AND ADJUDGED that the Section 71 aUmony in grass payments ahalI non-modifiable by either party. IT IS FURTHER ORDERED AND ADJUDUED that the Sedlon 71 eUmony in gross payments ahaII ~ considered as Income to the Defendant and deducllble to the PIalnIltf to the ftJlI extent IS allowed by law. '. rr IS FURTHER ORDERED AND ADJUDGED that all Sadlon 71 aUmony In groa paymenta IhaII be made through the Oftlcee of the Wayne County Friend of the Court on a ~kIy (every othar weak) bealL COBRA rr IS FURTHER ORDERED AND ADJUDGED that the Defendant IhaJI be enaued 110 COBRA bene", It PIalnlIIrs arpenae (whlch shall be paid by Plalnlltr dlrectly to hie employer), through December 31, 1997. The leval at beneftta provided &hall be comparable to the level of coverage currently held by Plaintiff through hill currenl employer, DYI<EMA GOSSETT, PLLC, but &hall not be increaaad, _pt at Plalnllfra IOle dlscredon or al Defendants COlt. AIl8r December 31, 1997, Plalnlltr &hall not be resporlllble for any portion of any of Oerendanta COBRA (hlllllth and dental Insurance If aV8llable) benellta, health or madlc:al care COlla - of any klnd or nalllre whalaaaver. rr IS FURTHER ORDERED AND ADJUDGED that If Defendant acqulra, or othe"" becom.. red under madlc:alandlor dental Insurance through her employer or through any other IOIlrCa (or If IUctl overage ill olfeMIIo Defendant at no cost by her employer and &he rejedlllQ, then PIaIntItf IhaJI have no . ....W"_ _ .... '.... ..... - . .. .... r1her obllgallon 110 provide COBRA beneftta to Defendant Provided, that If IUctllndependent inluranca rage i11lUbaequenlly lOll or tenninated through no fault of Defendant, Plalntlfl's obllgallo.. II ..t forth bove shall be reinltated. In no event, howaver, shall Plalntlfl'a obligation 110 provide COBRA beneftta 110 etandanl extend beyond December 31,1997. rr IS FURTHER ORDERED AND ADJUDGED that If allowed by the Inlemal Revenue Cade, payment f COBRA expenses &hall be considered es income to the Defendant and deductible to the Plaintiff. ATTORNEY FEES rr IS FURTHER ORDERED AND ADJUDGED that each party shall be responsible and pay for their atlamey f.... MUTUAL REL"'lI.!IIE W"""'u :a Ao...... .0... OODwa.Avt. rr IS FURTHER ORDERED AND ADJ.UDGED that upon entry of this Judgment of Divorce, eech of e partlllS hereby releaaesthe other from any cause of action that either may have against the other for iny ncldent whlch may have occurred prior to the antry of this JUdgment of Divorce, whether that claim be nded In contra~ IIort or any ather basil. This Judgment Is intended to be a settlement of any and all c1afms tween the parties of every kind and nalllre. ACKNOWLl;DGMENT OF LEGAL ADVICE '. rr 18 FURTHER ORDERED AND ADJuOOED that the pertla have raepedlwly acknowledged that uch hu had the right to ...k Independent legal advice prior to the exacutlon ot the Judgment ot DIvorce, and that each ftJlty undel'llllnda the fIIclII regarding his or her l.gal rlghta and obligatio.., and wlthauc:h ~, each of them illllIICldlng thIa Judgment of DIvorce fraely and volunlarlly, without Unduelnlluenca or fnIud or coercion or milltepr_ntatlon or for eny cauee except .. herein apecllled. DISCOVERY rr IS FURTHER ORDERED AND ADJUDGED that the pertiea acknowledge that they have a right to the compulsory process of "Discovery", purwuant to the MIchIgan Court Rules, to aIIiIt and dlKaver the rlftcatian of fads l8levant to their raepec:llve rights and obllgallons, including the right to qu8lllon each other and oth.... under oath. The pertles .ckn~edge that they have, contrary to the lIdvIca at their IMpedlw coullUll, directed their attom8'1ll to ClI8Ie aU dIIcovery in proc:ea or proceed without dIac:overy, and InItead ve directed their respective attomeys to sellle the litigation in the manner and on the terms set forth In thia udgment of Divorce. ...--_.~ _. _.'-.~.'-' ._~.... --...-.-- DISCLOSURE OF a~ctET!J rr IS FURTHER ORDERED AND ADJUDGED that the Plaintiff end Defendant hereby ItIlII and tIIrm that they have di&clased all ......that they own or have any Interest in, wheth.r held by them ivfdually, jainUy, or held with any other lIrm, person or corpo...tIon, or any other person or enllty for them. r for lheir benellt. Thla Judgment of Divorce is intended to be . diItribuIIon and allocallon ot III the property fthe parties. in the event that either party hereto has failed, either intentionally, or unintentionally, to di&clou ny of his or her essela, the iIIlIue of property solllement sha1I be reopened upon the pellllon of either party r the purpose of determining and resolving the dIstribulIon ot the previously undisclosed _t or aue... PROPERTY SE'TTLEMENT rr IS FURTHER ORDERED AND ADJUDGED that the marital home, located at 22402 FOIlCtOft, Cladhaven, Mlchlgan has been sold for $112,900.00 and the proceeds from the sale shall be diBlrlbuted n Itews: ... -..:u ::TIIOl.R_ aD_ 1. 2. 3. Payoff In ftJU of the mortgage on the marital home Payoff In ftJU of the home equity loan taken against the marital home Payoff In full of alllBxes due on the marital home at the Urne of closing on the sale ot sail .. .-- -ML ....- 'CGHAII, 11I'_ home 4. Payment In the amount of $2,500.00 to Plainlll!'a father, V. Robelt Narah 5. Payment In ftJlI of the autstandlng debt owed lD HenlY Fold HoapltaJ (or 8I1Y other perty) far COUIlll8Ung &eMcee rendered lD Plalnllff, Defendant and the minor cIlIId thraugh IIld including the ~ on whJch Defendant removea the minor cNId III Pennaylllanla e. Payment of aU feee -~l8d with the ule of themarttal home, i1c:lud1ng, but not IIrnbd III. CentulY 21-A 1A Realty, 3505 Fort Street, Wyandotte, Mchlgan 7. The balance of the remaJning proceeda Ihall be divided equally belWMn the PIalnlIlf IIld Defendant rr IS FURTHER ORDERED AND ADJUDGED that the Plalnllff shall JllIY III the Defendant $2,500.00 from ilia share of the sale pI'OCHdll from the maliJal home (Defendant acknowledg.. receipt of $2,SOO.OO from Plalnllff in utlsfadlon of Ihla oOJIgatlon). rr IS FURTHER ORDERED AND ADJUDGED thet the Plalnllff shall be .-/ded any Ilghla 8ndIor claima wtthreepect to the proclleda from tile common stock of Monaanta ComJlllllY whIcIl wu received by PIalnlIff In 199411ld the Defendant uprealy WlIiv.. and rights andlor cIaim8 with reepect III the ~eeda m the ule of the common stock of Mol188nta Company. rr IS FURTHER ORDERED AND ADJUDGED that the PIalnlItf shall receive any value UlClciatsd hie law degree and the Defendant lIllprealy waMIa and rights endlor cIaIma with reapect III PIaInlIth law agree. rr IS FURTHER ORDERED AND ADJUDGED that the marttal portion of P~ accrued peneIon Monunto Company ahall be divided equally between the parti.. by the enlly of e QuaJIJIed Domeala rr IS FURTHER ORDERED AND ADJUDGED that the Plalnlltf shall be awelded all JllII'IOI1al"1'III remain irl the marltal home. rr IS FURTHER ORDERED AND ADJUDGED that except es otherwise PRNldlld by Ihla Judgmenr" ach party shall be awalded any other personal property In thalr individual name or pUll '~n,1ncJudIno hIcI.., bank accounts, retirement plans or other employment beneftJa, free and clear of any lnareet of the ther, end each shallllllllUme any IlabIIIly thereon and hold the other hannlesa. rr IS FURTHER ORDERED AND ADJUDGED that the Defendant ahall be IOlely IWpOnaibIe far .. , .... _elated with the Ie... of the minivan currently In her paln~"lon, including, but not IImbd III .... aU Nurance peymenls, mIIeege relllted charges, repairs. maintenance and fuel COIItL Defendant . wlthIn a I'8IIlIOIllIbIe lime after her an1val iI Pennsytvanie, acquire the appropriatB aulDmobiJe InIumlce .. - . ' .. '--- ,_"_ .0.- s.a. .... -- '......1\1I,111- - . rr lIS FURTHER ORDERED AND ADJUDGED that P\lIInlIIf ahelI be .nllIIed, upon reatOMble ~, fQ borroW all p/lolIlgrephl end 1Iidto rec:ocdInga In DefellCl8rlb p a~~_I'ln rot purpotM of mUIng co... of IUCl\ pholDgnlplla end video recon:tInga. at PllIlntlfl's upellM. rrlS FURTHER ORDERED AND ADJUDGED that ltle plaintiff shall be ~ rot 1M payment of llle following maIlIal d.bla: L The VISA account In p~ name b. The SEARS charg. account in PlainIItra name r. The oullllllnding loan taltnc:e owed fQ Iht Monun(iO EmployH'a Fed.rel Credit Union d. The outIlandIng baIlInce owed lD Amtllcan G.noral rot rellnilhed IdII:htn c:8inttL rr IS FURTHER ORDERED AND ADJUDGED that ltle Defendant IhaII be *POI\IIIlII rot lilt paym.nt of lilt following martial debla: L The VISA ICCOUnt In Defwndant'a name b. The HudIon'a charg. account In Otfendanl'a nll/1lll IT IS FURTHER ORDERED AND ADJUDGED lI1at unl_ oth.1WiIe proWled by ltlIa Judgment, ach will_me lIlY Olher dabt in lheIr lndMdual names and hold tile otll.r party harmI_ thtreon. ~eUT10N OP INSTRUMENTS IT IS FURTHER ORDERED AND ADJUDGED Ihtt the paIlIta h.relD al1aIlllgn and Ill8ClD IlICh lII1d i1IInImtnlIIlm:ludIng aalgnmentl, Quit Claim 0teclI, BIlla of Sale, Slack Cer1lllcatllt. TII... dOlSlmenlll end ReI-. 85 may be n.~ and .~nt lD carry out llle t8rma of ltlIa property ement IglHment and in tile lMInt that tile parties herefQ, or tllher of tIlem, shall neglect, fall or refule do 10, the lII/ng of e cerllfted copy of ltlIa Judgment of DiIIorct incorporating the t8rma hereof wlIh the Counly RegiaI8r of Deeds, or for any other agency, corporation or pelWOn 10 requiring, shall act in the ce of ..me and lD tile same effect as If said documentlll and inlIlruments were algned end eac:uted. RETENT10N OF JURISDICTION rr IS FURTHER ORDERED AND ADJUDGED that lhiB Court shall retain jurisdll.:llon of ltlIa m8IliIr lid of tht parties unllItIle parties h8ve complied with all esped:s of IhIs Judgment. - (t.. \._ " g." ~ ' . o:r-' - - t'l -." ~- 1 q ~ ( . , . '1' '" I. . I :.1,< 1: , , ~. J _ ( 0--.. . J ,:. U) V ! i !:l ~ I ! I ; ~Im i ~ ~ i.~ · II C,.l i ~ Ii HI Ie ~~~ . III I; ~I ~ i ~I is JJI ~ enS ... '"' I~ lia ... B ie!! ~ I!I ' I.AWl;!IH.! '; t/. .;;,~y". ' /I.. A:,~~A/ & ,l;:;yA).J ABSOL.l1TE DIVORCE IT IS HEREBY ORDERED AND ADJUDGED that the marriage belween the Plaintiff, GREGORY S. NARSH, and the Defendant, THERESA L NARSH, be dissolved and the same ill hereby dissolved ao:l:ardlngly. CUSTODY OF MINOR CHILD - IT IS FURTHER ORDERED AND ADJUDGED that the parties shall have joint legal ~ at the minarchiJd of the parties, PHIUP SCOTT NARSH: DOB 12/16188 and the Oetendant, THERESA L NARSH, sI1aJl have sale physical cuslIldy at the minor dliId until such time as said child allains the aga at eightaen (18) years or until the further Order at the Court In regard to jaintlega! custady: A. The parties sI1aJl cansult and allempt to agree before major dedsians are made affecting the c:hIId's educaUan, religious education, enrichment activities, camp, nvel, medical and denial problems. B. The parties shall have equal access to medical, denial and educational persaMel and recards at the minor child. C. The parties shall nallfy the clher at any emergencies relating to the minor child anll nallty and give the ather parent an oPPOrtunity to be present far all routine medical, denial, optical and psychological treatment, D. That each party shall keep the ather parent informed of the whereabouts at the child and hislher awn whereabouts In the event at a medJcal or ather emergency. E. That the parties shall inform and be informed about schaal, music, or sports. and ather enrichment adivities at the child, and be provided an opportunity tar parenting. F. That it at all possible or feasible, each party shall give the ather party the opportunity to provide child care se/1/ices far the minor dliId in neu at hired child care or babysitting. G. That l n&' ~ry. both parties shall participata In family CQunseling through the Friend of the Court or es recammended by them. H. That 'Nl1iIe each party has physical custody of the minor child, that party shall be responsible far all routine decisions regarding the minor child. ... I. Each party shall provide the other party with their present address, phone number, and - i I I I i____ f"" . . I 1 , I ! I ..AW QUICII 1;::'0"- ROI'INS lID...... I -000".0 AVL ......... ,INGHAM. MIU009 subsequent changes. VISITATION IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff, GREGORY S. NARSH, shall be awarded the tallowinQ speciftc rights of visitation with the minor child: A. Seven (7) weeks In the summer which shall be divided Into no more than lwo (2) segments. Plaintiff agrees to respeCt the minor child's d';slre, If any, to be present In Pennsylvania during the summer program of the Central Fennsylvania Youth Ballet (maximum live (5) weeks). . B. One (1) weekend per month In Michigan. C. Reasonable and nberal rights of visitation In Pennsylvania, including ovemights. C. One halt (112) ot Christmas vacation each year with the Plaintitt being awarded Christmas Eve and Christmas Oay in even years. E. Every Memorial Cay weekend. The parties have agreed to make night arrangemenls from _..- -..-.. .---.--..---..---- -. .- --. . Pennsylvania to MIchigan tor as close to the end ot the schaoi day as possible an Friday ,I " before Memorial Cay and departing MIchigan tar Pennsylvania betore 6:00 p.m. or as close thereafter as is possible on Memorial Oay. F. Altematlng Thanksgiving weekend which the Plaintitt shall be awarded in even years. The parties have agreed to ftight arrangements from Pennsylvania to MIchigan made as close to the end lit the school day on Wednesday betore Thanksgiving and departing from Michigan to Pennsylvania prior to 6:00 p.m. (or as close thereafter as is possible) an the Sunday fallowing Thanksgiving. AJtemating Easter break Oncluding Easter Sunday) which shall take place in odd years. The G. parties have agreed to ftight arrangements from Pennsyivania to MIchigan made as close to the end of the schoo~ day before Easter and departing from Michigan to Pennsylvania prior to 6:00 p.m. (or as close thereafter as is possible) on the day before school shall begin. H. Altematlng Winter break Of applicable) in even years. The parties have agreed to flight arrangements from Pennsylvania to Michigan made as class to the end ot the school day before Winter break and departing from Michigan to Pennsylvania prior to 6:00 p.m. (or as close thereafter as is possible) on the day befare school shall begin. ,I !I IT IS FURTHER OROERa) AND ADJUDGED thaI the Cefendant shall pay for one half (112) ot the cast ot lwa (2) round-bip airline tickets per calendar year between Pennsylvania and Michigan. The Plaintiff shall be responsible for the balanca of the transportation costs. IT IS FURTHER ORDERED AND ADJUDGED that in 1995 the Oefendant shall pay for one halt (112) of the cost of one (1) round-bip airline ticket IT IS FURTHER ORDERa) AND ADJUDGED that bath parties agree to mainlatn a smok.tree A emlironment during the time that the minor child is with each ot them. Additionally, the parties further agree that 8JpaSlIre to incidental smoke outside of each parties residence (such as In a restaurant, baseball game, etc.) shan not conslitu1e a violation ot this agreement. DOMICILE OF MINOR CHILD IT IS FURTHER ORDERED AND ADJUDGED that the domic:le or residence ot the minor child shall be removed from the Slate of Michigan to the Slate ot Pennsylvania until further Order ot the Court IT IS FURTHER ORDERa) AND ADJUOGED thaI the domic:le or residence ot the minor child shall -_. ---.-. -~. .-::.:..-:..:.:.=:..::::::.::::.'.... .-~-_...__._---------_. ----.~...-. not be removed from the Slata ot Pennsylvania without the approval at the Judge who awarded custody, or hislher successor, and the physical custodian shall pramptiy notify the Friend at the Court whenever said minor child is moved to another address.. The present address of the minor chiid is 925 Forest Court, Carlisle, Pennsylvania 17013. SUPPORT OF THE MINOR CHILD IT IS FURTHER ORDERED AND ADJUCGEO that the Plaintiff shall pay child support to the iCefendant. until said child attains the age of eighteen (18) years, or gl'llduates from high school so long as I be m~or child regularly attends high schaal an a full-time basis with a reasonabie expectation ot completing Isufficient credits to graduate from high schaal whiie residing on a full time basis with the payee of support or at an Institution, whichever is latar, but In no case after the child reaches nineteen (19) years and six (6) months of age, or untii further order ot the Court Child support shall be payable through the offices ot the ayne County Friend of the Court on a bi-weekly (every other week) basis In the amount ot S326.00 ($163.00 per week) cammencing upon entry ot this Judgment l. waCO'&UID Aft. sum _ 'NGHAM. MI 48009 SERVICE FEE IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall pay to the Friend of the Court ... e statutory servica fees (currentiy Three ($3.25) Collars and Twenty-FIVe Cents per month! payable semiannually in advance an January 2nd and July 2nd each year hereaftttr while this Order tor Support ill operative. Initial payml/nts tor the months preceding the next regular data shall be made torthwith. SECURITY FOR SUPPORT rr IS FURTHER ORDERED AND ADJUDGED that the Plaintiff, GREGORY S. NARSH, shallaecur. the right of the minor child to receive suPPOrt in the event ot his death prior to the terminaUan or aaUafaction of the support obligation by naming the minor child as Irrevocable beneftciary of a life Insurance policy in the amount of $100,000 until the time that this child support obligation ceases. Amounts paid thereunder shall be credited against any obligation Plaintiffs IlliIate may have tor similar paymenl IT IS FURTHER ORDERED AND ADJUDGED that any nte Insurance policy presenUy in lJisIence In the name of the Cefendant or subl5equently acquired by the Defendant on her own life shall name the minor child as Irrevocable beneftciary up to the ftrst $100,000.00 ot caverage. ARREARAGE IT IS FURTHER ORDERED AND ADJUDGED that any arrearage for child support, day care ---- --'-~._....._----_..~..... -.-- . ,--. - . "'-'--"-...- ...-..- ... -... -_.... .'. ---. -- IllpeIlS8S or medical expenses tor the minor child, or Friend ot the Court service tees in the above matter are hereby preserved and payable forthwtll1. STAnrTORY INCOME WTTHHOLDING PROVISION IT IS FURTHER ORDERED AND ADJUDGED that pursuant to MCL 552.604 an assignment of . I1come shall Immediately be issued tor child support and alimony in gross (Section 71 payments). EMPLOYMENT AND ADDRESS OF THE PARTIES . IT IS FURTHER ORDERED AND ADJUDGED that pursuant to MSA 25.164 (10), the payor, GREGORY S. NARSH, who is currently employed at DYKEMA GOSSETT, 400 Renaissance Center, Detroit, Michigan 48243 shall give the office of the Friend of the Court the name and address ot any subsequent employer. IT IS FURTHER ORDERED AND ADJUDGED that pursuant to MSA 25.164 (10), the payee, ERESA L NARSH, currently employed at Central Pennsylvania Youth Ballet, 107 Meeting Hause, Carlisle, Pennsylvania 17013 shall give the office of the Friend otthe Court the name and address at any subsequent ... IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff, GREGORY S. NARSH, Social Security No. 370-70-3815, whose present address is 24520 San Marino, Apt. #201, Flat Rock, Michigan 48134 and that the Cefendant, THERESA L NARSH, Sadal Security No. 388-ea-s.407, whOM present address ill 925 Forest Court, Carlisle, Pennsylvania 17013, shall intorm the Wayne County Friend at the Court of any change of residence during the period this Order is operali'Je. PUBUC ACT 295 OF 1982. SECTION 3 IT IS FURTHER ORDERED AND ADJUDGED that lI.Icept as otherwise provided In SecUon 3 ot the Support and VIsitation Enforcement Act. Act Number 295 at the PubUc Ads ot 1982, being SecUon 552.603 of the Michigan Compiled Laws. a Support Order that Is part of a Judgment or ill an Order In a domestic relations maller, as lhatterm is deftned In Section 31 of the Friend otthe Court, Act Number 2904 of the PubUc ot 1982, being Secllon llS2.S31 ot the Michigan Complied Laws, is a jUdgment on and after the date each ppart payment is due. v.iIh the full torce, effect and atlributes ot a judgement ot this state, and Is not, on and ~---_._._-, .:'~:""~'_::: -'-. - -~'."=-"=-~~----:-,-..;. --- fter the data It Is due, subject to retroactive modlftcation. HEALTH CARE IT IS FURTHER ORDERED AND ADJUDGED that health care insurance far the beneftt ot the minor child shall be maintained by both parties it available at a reasonable cost, as a beneftt ot employment, or as n optional coverage tar dependents on a policy already obtained. IT IS FURTHER ORDERED AND ADJUDGED that pursuant to MCL 552.15(4), 552.16(4) and 5523.1.1(4) both the PlainUtt and Defendant shall inform the office ot the Friend of the Court ot allY health care caverage that is available to him or her as belleftt of employment or that is maintained by him or her. the name otthe Insurance campany, health care organizaUan, or health maintanance organization; the policy, certiftcate, or contract number; and the names and birth dates ot the persons for whose bene lit he or she maintains health care ccverage under the poficy, certiftcata, or ccntract IT IS FURTHER ORDERED AND ADJUDGED that Plalntirrs obligation to provide medical and denial ,caverage. fer the minor dliId shall be mainlained at a level ccmparable to the level ot coverage currently held y Plaintiff through hIS current employer, OYKEMA GOSSETT PlJ..C, but shall not be Increased except at laintltl's sole discretion. ..----.. ..-. , ; So WOQD'IaIlO AVL -... - INGHAM. MI 41009 ~~~~5071T1 IT IS FURTHER ORDERED AND AOJ'UDGED that the Plaintiff shall pay 80"A. and the Cetendant shall pay 20"A. ot any uninsured health care expenses (as deftned by the Michigan Child Support Guideline> after the Cefendant has paid the first $156.00 annually or until further Order of the Court WAIVER OF THE FRIEND OF THE COURT RECOMMENDATION IT IS FURTHER ORDERED AND ADJUDGED that this Judgment may be entered without e recommendation by the Friend of the Court STAnrTORY DOWER IT IS FURTHER ORDERED AND ADJUCGED that the provisions herein made shall be In full satisfaction of all claims ot dower and other claims which the Plaintiff and Ceter.dant may have against the other, and that the parties hereW shall hold their remaining land and asaets tree, clear and discharged trom any and all rights or ciaims ot the other party. STAnrTORY INSURANCE PROVISION rr IS FURTHER ORDERED AND ADJUDGED that any interest which either ot the parties hereto may ----:-:....----:'". -... ... _. -.-. - --.- ~ -- -~--'.-.-:--: -- ------------::-- -- :-... ..- ~.. :.:.....:.=---.:...:...: ::=~ .~. - have or may herelxlfare have had In any policy or contract ot Ufe, endowment, annuity or other Insuranca, virtue of being benellciary, contingent beneficiary, or othelVolise, is hereby extinguished. except as othelVolise . ad herein and the parties hereto shall In the future hold all such insurance tree and clear trom any right r interest which the other party now has or may heretofore have had therein or thereto. STATUTORY PENSION PROVISION IT IS FURTHER ORDERED AND ADJUDGED that except as provided herein, any interest either the IPlainti!f or the Cetundant may now have or may heretofore have had, In any claim In any pension, annuity, retirement allowance or accumulated contributions in any pension, annuity, or retirement system. including any rights or contingent rights in and to unvested pension, annuity or retirement benefits, or otherwise is ereby extinguished, and the parties hereto shall In the future hold same tree and clear from any right or claim, hich the other party now has or may heretofore have therflln or thereto. TAX EXEMPTION FOR THE MINOR CHILD IT IS FURTHER ORDERED AND. ADJUCGED that the Plaintiff shall be allowed to c:aim the tax emption for the minor child tor tax year 1995. IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall be enDUed to claim the tax . xemptian for the minor child far each year subsequent:o 1995 until such time as the Oetendant is able to uw ornen V::TO.... ROlliN' &D...... So WOODWUQ AVI. ...... - '"ClHAM. MI 41009 verity that her income exceeds $10,000.00 in a calendar year. In the event that Cefendant earns lees tha' $10,000.00 per any calendar year subsequent to 1995. then PlaJntiff shall be awarded the exemption tor thaI year. IT J.~ FURTHER ORDERED AND ADJUDGED that in the event that the Cetendanrslncame does exceed $10,000.00 in any calendar year subsequent to 1995, the exemption tor the minor child shall be altemated belween the Plaintiff and Cetendant. IT IS FURTHER ORDERED AND ADJUDGED that each party shall sign whataver documents are necessary, Including a declaration of waiver, In a form satlstadOry to the Intamal Revenue Se/1/ica so a. to permit the ather party to claim the child as a dependant on their incame lax returns as provided by this Judgment. In ll1e event that either party tails to comply with this provision, then this Judgment of Clvorce may b8 utilized as a declaration ot waiver to allow the appropriate party to claim the minor child as dependant. AUMONY IT IS FURTHER ORDERED AND ADJUDGED that neither party shall receive or be enllUe,d to -------_._-~ ._.~~_._._---. . - ...;'~...~.-_.-.=~.. --- -.. - --.- .' - alimony and the same is torever baITed. AUMONY IN GROSS 'SECTION 71 PA YMENTSl IT IS FURTHER ORDERED AND ADJUDGED in accordance with Section 71 or the Intemal Revenue ICode, the Plainlllf shall pay to the Cetendant alimony In gross In the amount ot $28,300.00 in accardance with ,Fe following schedule: . .1'. A. From September 1, 1995 through August 31,1996 In the amount of $200.00 per week; (Oefendant adcnawiedges clII'eC payments from the Plaintiff from September 1, 1995 through the date ot entry of this JUdgement ot Civorce) B. From September 1,1996 through August 31, 1997 In the amount ot $150.00 per week; C. From Septamber 1, 1997 through August 31, 1998 In the amount ot $125.00 per week; C. From September 1, 1998 through August 31,1999 in the amount ot $69.23 per week (which is $300.00 per month) IT IS FURTHER ORDERED AND ADJUDGED that the SecUon 71 alimony In gross payments shall non-modifiable by either party. IT IS FURTHER ORDERED AND ADJUDGED that the SecUon 71 alimony in gross payments shall ... considered as Income to the Oetendant and deductible to the Plaintiff to the full extant as allowed by law. IT IS FURTHER ORDERED AND ADJUDGED that all Sedion 71 alimony Ul grOll8 payments shall be made through the Otftces ot the Wayne County Friend ot the Court an a bl-weekly (every other week) basla. COBRA IT IS FURTHER ORDERED AND ADJUDGED that the Oetendant shall be enllUed to COBRA beneftts, at Plainlll'l's upense (which shall be paid by Plaintiff direcUy to his employer), through December 31, 1997. The level of beneftts provided shall be camparable to the level ot caverage currently held by Plaintiff through his current employer, OYKEMA GOSSETT, PLlC, but shall not be Increased, except at Plaintilrs sole d~etian or at Defendanrs alSt. Aller Cecember 31, 1997. Plaintiff st.all not be responsible tar any portion of any of Defendanrs COBRA (health and denial insurance It available) beneftts, health or medical care casts - of any kind ar nature whatsoever. IT IS FURTHER ORDERED AND ADJUDGED that it Oetendant acquires, or otherwise becames covered under medical and/or denial insurance through her employer or through any other source (or Ir such coverage is offered to Defendant at no cost by her employer and she rejects R), then Plaintiff shall have no .. ......... .. "...~ ... ,- .. '. .. urther obligation to provide COBRA beneftts to Cetendant Provided, that it such Independent insurance cave rage is subsequently lost or terminated through no fault at Oetendant, Plaintiff's obligations as set forth bove shall be reinstated. In no event, however, shall Plaintiff's obligation Ie provide COBRA beneftts to efendant utend beyond Cecember 31,1997. IT IS FURTHER ORDERED AND ADJUDGED that it allowed by the Intemaf Revenue Code, payment ot COBRA expenses shall be considered as incame to the Cefendant and deductible to the Plaintiff. ATTORNEY FEES IT IS FURTHER ORDERED AND ADJUDGED that each party shall be responsible and pay tor their own altamey tees. MUTUAL RELEASE IT IS FURTHER ORDERED AND ADJ.UDGED that upon enlly of this Judgment ot Oivorce, each ot e parties hereby releases the ather from any cause ot action that either may have against the other for any ncident which may hava occurred prior to the enlly at this Judgment ot Oivorce, whether that claim be unded In canlract, tort or any other basis. This Judgment is intended to be a settlement of any and all claims lween the parties ot every kind and nature. ACKNOWLEDGMENT OF LEGAL ADVICE rr IS FURTHER ORLEREO AND ADJUOGED that the parties have respectively acknowledged that lach has had thl right to seek independent legal adllice prior to the execution of the Judgment of Clvorce, and that each fully understands the fadS regarding hill or her legal rights and obligations, and with such knowledge, each of them is executing this Judg'ment or Divorce treeiy and volunlarlly, without undue intluenCl or fraud or ccerclon or misNpresenlation or tor any cause except as herein spedfted. DISCOVERY IT IS FURTHER ORDERED AND ADJUDGED that the parties acJcnowledge that they have a right to the compulsory process ot "Discovery", pursuant to the Michigan Court Rulas, to assist and discover thl veriftcaUon of facts relevant to their respective rights and obligations,lncluding the right to question each other and othe~ under oath. The parties acJcnawledge that they have, ccntrary to the advice of their respective counsel, direde<l their attameys to cease all discavery in process or proceed without discovery, and Instead have directed their respective attameys to settle the liUgation in the manner and on the terms set torth In this udgment ot Clvorce. ..---.. --.-- "": ".:': -'.-- '._-"-~ --~.. ..........--.---. .. _. -- DISClOSU~E OF ASSETS IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff and Oerendant hereby state and fflrm that they have dlsclosed all assets that they own or have any intarest in, whether held by them ndividually, joinUy, or held with any ather ftrm, person or corporation, or any oth..r person or entity tor them, r tor their benefll This Judgment of Divorce is intanded to be a distribution and allocation of all the property otthe parties. in the eventlhat either party hereto has failed, either intentionally, or unlntantionally, to disclose ny at his or her assets, the issue of property SIlttlement shall be reopened upon the peliUon of either party tar the purpose ot determining and resolving the distribution ot the previously undisclosed asset or assets. PROPERTY SETTLEMENT IT IS FURTHER ORDERED AND ADJUDGED that the marital home, located at 22402 Foxcroft, Oodhaven, Michigan has been sold tor $112,900.00 and the proCleds tram the sale shall be distributed es lIows: 1. Payoff in full ot the mortgage on the marital home 2. Payoff In full ot the home equity ioan laken against the marital home 3. Payoff In full of alllaxes due on tile marital home at the time ot closing on the sale of sald .. home 4. Pa!lTTlent in the amount ot $2,500.00 to Plaintitrs father, V. Robert Narsl1 5. Payment In fun of the outstanding debt owed to Henry Ford Hospital (or any other party) for counseUng seNiC88 rendered lD Plaintiff, Oetendant and the minor child through and Including the day on which Oefenda'lt removes the minor child lD Pennsylvania 6. Payment of all tees -"<:iatad with the sale of the marital home, inclUdIng, but not Umlted to, Century 21-A1A Realty, 3505 Fort Street, Wyandotte, Michigan 7. The balance of the remaining proceeds shall be divided equally belween the PlalnUtf and Cetendant IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall pay to the Cefendant $2,SOO.OO tram his share of the sale proceeds tram the marital home (Oetendant acknowledges receipt of $2,SOO.OO from Plaintiff In satisfadlan of this Obligation). IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall be awarded any rights and/or claims with 'respect to the proceeds from the cammon stack of Monsanto Company which was received by the Plaintiff in 1994 and the Oetendant lIZpressly waives and rights and/or claims with respact to the proceeds from the sale ot the cammon stoclc of Monsanto Company. IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff ~an receive any value associated his law degme and the Detendant lIZpressly waives and rights and/or claims with respect to Plaintiff's law IT IS FURTHER ORDERED AND ADJUDGED that the marital portion ot Plaintiff's accrued pension th Monsanto Company shall be divided equally belween the parties by the entry of a QuaUfied Domestic IT IS FURTHER ORDERED AND ADJUDGED that the Plaintiff shall be awarded all personal Items hlch remaln In the maritll home. IT IS FURTHER ORDERED AND ADJUDGED that except as otherwise provided by this Judgment, ach party shall be awarded any other personal property in their individual name or POSSession, Including hlcles, bank accounts, retirement plans or other employment beneflts, free and clear ot any Intarest of the other, and each shall assume any liability thereon and hold the other harmless. RD..... IT IS FURTHER ORDERED AND ADJUDGED that the Cetendant shall be solely responsible tor all sls associatad with the lease ot the minivan currently In her possession, Including, but not Umlted lD le8S1 yments, all Insurance payments, mileage relatad charges, repairs, maintenance and fuel costs. Defendant II, wiIhin a reasonable time after her arrival In Pennsylvania, acquire the appropriate automobile Insurance ... , .' IT IS FURTHER ORDERED AND ADJUDGED that Plainlltl' shall be enutled. upon reesonable notice, to bolTOW all phatographll and video recordings in Oetendants p--_'':ln lllr purpoees of making caples of such photographs and videa recordings, at PlaintllT's expense. IT IS FURTHER ORDERED AND ADJUDGED that the Plainutt shall be responsiblelllr the payment of the tollawlng marital debtl: e. Th. VISA account In Plaintlft's name b. The SEARS chatge acccunt in Plaintltl's name e. The outstanding loan balance owed to the Monsanto Employee's Federal Credit Union d. The outs1andlng balance owed to American General for reftnished kitchen cabinets. IT IS FURTHER ORDERED AND ADJUDGED that the Oetendant shall be responsible tor the payment of the lllllowing marital debts: L The VISA ecccunt In Defendants name b. The Hudson's charge acccunt In Detendants name IT IS FURTHER ORDERED AND ADJUDGED that unless otherwise provided by this Judgment, each party will assume any other debt in their individual names and hold the other party harmless thereon. EXECUTION OF INSTRUMENTS IT IS FURTHER ORDERED AND ADJUDGED that the par'.ias hereto shall sign and 8llIIcute such ocuments and instnm1ents including assIgnmenls, Quit Claim ~eeds, Sills ot Sale, Stacie Cerllftcates, TlUes, darsements and Releases, as may be necessary and expedient lD cany aut the tarms of this property iIlement agreement and In the event that the parties herelD, or either of them, shall neglect, tail or refuse do sa, the ft1lng of a certifted capy of this Judgment of Oivorce incorporating the terms hereof with the ayne Cllunty RegistIIr of Deeds, or for any other agency, corporation or person sa requiring, shall act in the place ot same and lD the same effect as it said documents and ~enls were signed and executad. RETENTION OF JURISDICTION IT IS FURTHER ORDERED AND ADJUDGED that this Court shall retain jurisdiction of this matter nd of the parties until the parties have complied with all aspects of this Judgment OCT 1 I J~q~~ GREGORY s. NARSH, . IN THE CXllJRT OF cnlMCtl PLEAS OF . Plaintiff . CUMBERLAND COONTY, PENNSYLVANIA . . . va. . NO. 96-1145 CIVIL TERM . : THERESA L. NAIlSH, . . Defendant . CIVIL ACTION - LAW . . IN CUSTODY . auER C>>l' CXXRl' ?lEJ5~ ?bcc It' -('If. -J - fin. s AND IUI, this 5th day of October, 1999, advised by counsel for both parties that all outstanding custody issues have been resolved by the Court at a recent Hearing, hereby relinquishes jurisdiction in this case. The Custody conciliation COnference scheduled for today, October 5, 1999, is canceled. ((i~ Dawn . Sunday, Esqu CUstody Conciliator CflEGORY S. NAIlSH, plaintiff : IN THE CCURT OF c:cto1MCtl PLEAS OF : CUMBERLAND CClJNTY, PENNSYLVANIA : vs. NO. 96-1145 CIVIL TERM THERESA L. NARSH, now THERESA L. CRA~IFOOD, Def.endant : CIVIL ACTION - LAW IN CtlSTODY aIDER OF cam AND tDl, this /'f"t:L day of 1l.....L.. consideration of the attached CUstody concutattan and directed as follows: , 1999, :Jpon Report, it is ordered 1. A Hearing is scheduled if) Court Room ~ of the Cumberland County Court House, on the .:J <, -v... day of ~ ....JMu , 1999, at /', ~O o'clock, _ fl_.m., at which time testimo y will be taken. For purposes of this HeaFIn9, the Father. Gregory S. Narsh, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing and a SUlllllary of the anticipated testimony of each witness. These Mp~randa shall be filed at least 10 days prior to the Hearing date. 2. The Father, Gregory S. Narsh, and the Mother, Theresa L. Crawford, shall have shared legal custody of Philip Scott Narsh, born December 16, 1986. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Olild's general well-being including, but not limited to, all decisions regarding his health, education and religion. 3. The Mother shall have primary physical custody of the Child. 4. For a 2 month pericd, beginning July 17, 1999, the Father shall have partial physical custody of the Child cn alternating weekends from Saturday at 10:30 a.m. through Sunday at 10:30 a.m. The Father may also have an extended period of custody with the Child duri~ the first week of August if agreed upon by the parties. . 5. During the exchanges of custody under this Order, both parties shall cooperate and encourage the Child to go with the Father for the pedod of .Jlo3rtial custody, TRUE COpy FROM P.Er.O?D In Test'rr:~n'l \'Ih:r"of. I h' fJ '.' .t' : It n'1 hand and the se.1 or said Court at Carlisle, ?a. Thi$ ,...I,"'~, day of..,Q.~...., 19r.f. .......~A~-fit,~;~t~;;:ry..,.......... I~I -M~~ CL. ~ cc: Rebecca R. Hughes, Esquire - Counsel for Father Bradley L. Griffie, Esquire - Counsel for Mothr BY THE CCIJRT, J. IIOlIIftJio to _t 11011II1110. TlUS _ 'Ill!; - 1 JlslII:lIIll to sall. lu-r 110 oaIlllll .. PJlO'I1DIIl 'to .. IIAIlfLl'111. ,\CCOIlCUIQ to TI\Il OADn - 08/31/99 13:55 TX/RX NO.5109 (>.006 . .... EXHIBIT "e" ~>>-L'm ""''',~ILrt~ p, \J:,~"n aRl!OOR'/',II""'H, Ptollnnff 11'I nm COIJRT OJ' C:OMMON PIJ!A.S Of CUMIIERL,\1lD COUNTY. PI!NN''/L V",,"IA n. NO. 9tI.1I"~ CI\iIL I'EJIM nll!:RQA L NAIlSH. ft!JW TIlEIU'.SA I. eRA WFORD, DdcndaaL CMLACllON-UW 11'I CuSTODY COMMONWEAL lH Of PliNNSYl V",,'IflA caUNTYOreUMDEUAND , SS, AFfm~VlT L Orogoty S, NllDh. _ or Philip ~, Nanh, beiDa daly SWOl1l "",aldina to I.w. IllllO IS CaUows billCG "'00 my ......,na1 kaowlcdao: l. On Sul1IlUIY. Auguslll. 1999./ pil:UlI up illY IOn. Plulip ar his home ar 9:30 am, tad WeIU directly 10 our ICtulduliNJ appoln&mcnl *11h Dr. Gear.. Schmidt (plycbolollu). Philip's tlntrapUl. Flam Dr. .!ktunidt's office. we dmvclo my bOlM. On rho way 1l0lftC, PtUJip bd~ uplft wh.n I NmlDded him thllloAon. my wir.. would be waidn, * lha home, r l'I!nUndcd bun Ibol wellad w......1Md 'lib II ""'!lIh rhelo<tlimo .,e were IlIJClIIcr. tll recalled tbc dUeuwaD bul IlIIs_nly lllou&hS loAM was spcndloa only. row days willi 1110 >cd rcnunlnlla Mlchl!llll. 1. Up"" """"'"'a hOflll: I'tom Dr. Scbmid,'s office (.. appro>umalcly 12:00 Noon). Pb.1Jlp VIIU quiet and mDOdy ad WIIn' to hi, room EO teok1. Mer 0111)' a Ihort time i4 hi. mom, he left tbc Ilawc by d1elllo:k door ond wenl uubldc III hi. ""0010 I!>Ol beIuDd dl( bome, tI. murMd I slloR llmIl Lucr aad we doIddcd 10", brcak!usL 00 dte way 10 die n:stIUnnL Philip "11 ",de and urcuUc (in an lpp;6nnc - ahboup UDJUCCIIU.du'_ attImpr to provaka JoAnn). '"'! 08/30/99 11:21 TX/RX NO.S08l P.002 . >- C) " , , " r . , I , , . l. t. ,. (" " , , () , , "';