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HomeMy WebLinkAbout02-4778CONNIE H. DORFF, VS. ROBERT A. DORFF, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 CONNIE H. DORFF, Plaintiff VS. ROBERT A. DORFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.2. ¥'7'~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER §3301 OF THE DIVORCE CODE 1. Plaintiff is, Connie H. Dorff, who currently resides at 648 Belvedere Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is, Robert A. Dorff, who currently resides at 1422 Bradley Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on May 20, 1979. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. thereto. 10. 11. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. 12. thereto. 13. 14. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3323, §3501, §3502 and §3503 OF THE DIVORCE CODE 15. thereto. 16. The prior paragraphs of this Complaint are incorporated herein by reference 17. thereto. 18. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER §3502(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 19. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. 20. thereto. 21. 22. COUNT V. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702 and §3704 OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference 24. thereto. 25. Plaintiff is unable to sustain herself during the course of litigation. Plaintiff lacks sufficient property to provide for his reasonable needs and is unable to sustain herself through appropriate employment. 23. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701,3702 and 3704 of the Divorce code. COUNT VI. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3702 OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference Plaintiff has employed Edward J. Weintraub, Esquire, to represent her in this matrimonial cause. 26. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 27. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 28. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. COUNTVII. REQUEST FOR CONFIRMATION OF CUSTODY UNDER §3104(A)(2) AND 3323(B) OF THE DIVORCE CODE 29. thereto. 30. with Plaintiff: NAME Nathan C. Dorff The prior paragraphs of this Complaint are incorporated herein by reference The parties are the parents of the following unemancipated child who resides AGE SEX 15 Male February 23,1987 31. addresses herein indicated. During the past five years, the child has resided with the parties and at the WITH WHOM Mother and Father Mother and Father Mother FROM ~ 7/1997 6/1998 6/1998 8/1998 9/1998 Present 7 West Harmon Drive 648 Belvedere Street, Carlisle, PA 648 Belvedere Street, Carlisle, PA 32. Plaintiff has not participated in any other litigation concerning the child in this or any other state. 33. There are no other proceedings pending involving custody of the child in this or any other state. 34. Plaintiff knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 35. The best interests of the child will be served if custody of them is confirmed in Plaintiff. WHEREFORE, Plaintiff respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order confirming custody of the child in Plaintiff. 36. thereto. 37. COUNT VIII. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 38. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 39. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such agreement in the final divorce decree. Date: BY: EDWARD J. WEINTRAUB,EsQUiRE 2650 North Third Street Harrisburg, PA 17'110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF VERIFICATION I,Connie H. Dorff, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: Connie H. Dorff J /' t' CONNIE H. DORFF, VS, ROBERT A. DORFF, Plaintiff Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * -.o. . * CIVil ACTION - LAW * IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : AND NOW, this 7th day of October, 2002 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Karen L. Hine, who being duly sworn according to law, deposes and says that on October 1, 2002, she mailed a certified copy of a Complaint in Divorce under Section 3301(c) and (d), 3323, 3502, 3503, 3502(d), 3701, 3702, 3704, 3104(A)(2) and 3323(B) of the Divorce Code, by certified mail, return receipt requested, to Robert A. Dorff, 1422 Bradley Drive, Carlisle, PA 17013, and the same was received by him on October 4, 2002, as indicated by the return receipt card which is attached hereto. Karen~.Hine g ' ' ' / Swom to and subscribed before me on this '~ day of 2002. N'ot~4y Public k - Notar al Seal Misty D. Lehman, Notary Public Ha~fsburg Dauphin County My Comm ssion Expires Aug. 2, 20~ · Complete Items 1, 2, ~ 3. Also complete Ilem 4 If R~ed Delivery 18 deeJred. · l~tnt your name and address on the reverse ~° that we ca~ return the ca~l to you. · Altach this card to the back of the mailplece, 2. A~cle Number D. I,c~-.~..-~-..~&mdlfferent fr~nltem 1? I"1 Yes , ff YES, enter ~a*y ad~r~s bek:,w: [] No Ps Form 3811, August 2001 102595-01 -M-2509 CONNIE H. DORFF PLAIN~_FF ROBERT A. DORFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 02-4778 CIVIL ACTION LAW : · ' IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Thursday, November 07, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday. Esa.~''~ Custody Conciliator ' Ll' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CONNIE H. DORFF, * Plaintiff * VS. ROBERT ~. DORFF, * Defendant * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTYPENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR AN AGREED ORDER OF EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, this ~3 ~ day of ~)C~'~ ,2002, the parties herein mutually agree that the Plaintiff, Connie H. Dorff, shall have and enjoy exclusive possession of the former marital residence located at 648 Belvedere Street, Carlisle, Cumberland County, Pennsylvania pending the entry of a final decree in Divorce or further Order in this matter, without prejudice to any position either party takes on equitable distribution issues subsequently raised by either party in these proceedings. Connie H. Dorff, Plmn[iff Robert ~[ Dorff, Defendan~t u APPROVED BY THE COURT: J. Date CONNIE H. DORFF, Plaintiff VS. ROBERT A. DORFF, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 02-4778 * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on October 23, 2002, I served a tree and correct copy of the Order of Court scheduling the Custody Conciliation Conference upon Robert A. Dorff, Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Robert A. Dorff 1422 Bradley Drive Carlisle, PA 17013 Misty D. ~ehman[ CONNIE H. DORFF, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PENNSYLVANIA ROBERT ~ DORFF, * CIVIL ACTION - LAW Defendant. * CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: L LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor child, Nathan C. Dorff, born February 23, 1987. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or pbtential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties agree that Carlisle Pediatrics will continue to be the child's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that the child's legal name is Nathan Cameron Dorff and that he shall be known by this name for all purposes. The parties agree that they will instruct their respective families and friends that the child should not be referred to by any other name. c. The parties acknowledge that they each expect the child to attend college and post-high school training if he is a good student with a high Probability of gaining entrance and succeeding in college. The parties agree that they shall each be actively involved in the selection of an appropriate post-high school education for the child and that the choice of any college or institution shall be mutually agreed upon by Father, Mother and the child, taking into consideration the Parents' then financial ability and economic cimumstances, and the child's needs, desires, talents and aptitudes for post-high school education. I_1 PHYSICAL CUSTODY The parents shall share physical custody of the child. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1.) Based on the child's activity schedule, one weekend per month with father from Saturday at noon until Sunday at noon. 2.) Consistent with the child's activity schedule, one midweek visit with father from 5:00 p.m. to 7:30 p.m. 3.) The parties shall share all holidays and school vacations as they and the child shall periodically and mutually agree. I1~1. TELEPHONE PRIVILEGE~ The parties agree that there shall be reasonable telephone access between the child and both parents. The parents are encoureged to place telephone calls to the child between 6:00 p.m. and 10:00 p.m. so as not to interfere with dinner or bedtime. The child shall be permitted free access to place calls to his parents at any time he desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Stipulation shall be entered as an Order of the Court. on e -i~- ' ,/~' ~ =-~ward.~. WeTntrau~ Esquire Attorney for Plaintiff ~obert j~. Dorff Attorney for Defendant CONNIE H. DORFF, VS. ROBERT ~. DORFF, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBER, LAND COUNTYPENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR AN AGREED ORDER OF EXCLUSIVE POSSESSION OF THE MARITAl, RESIDENCE AND NOW, this ~ ~ day of ~)CT'I~ ~ ,2002, the parties herein mutually agree that the Plaintiff, Connie H. Dorff, shall have and enjoy exclusive possession of the former marital residence located at 648 Belvedere Street, Carlisle, Cumberland County, Pennsylvania pending the entry ora final decree in Divorce or fitrther Order in this matter, without prejudice to any position either party takes on equitable distribution issues subsequently raised by either party in these proceedings. Connie H. Dorff, Plmnt~ff Robert [~. Dorff, Defendan~t u APPROVED BY THE COURT: J. Date CONNIE H. DORFF, Plaintiff, VS. ROBERT ~ DORFF, Defendant. IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * CIVIL ACTION - LAW * CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor child, Nathan C. Dorff, born February 23, 1987. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or piotential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party, agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties agree that Carlisle Pediatrics will continue to be the child's pediatrician and accordingly, will provide medical treatment to the child when necessary. b. The parties acknowledge that the child's legal name is Nathan Cameron Dorff and that he shall be known by this name for all purposes. The parties agree that they will instruct their respective families and friends that the child should not be referred to by any other name. c. The parties acknowledge that they each expect the child to attend college and post-high school training if he is a good student with a high probability of gaining entrance and succeeding in college. The parties agree that they shall each be actively involved in the selection of an appropriate post-high school education for the child and that the choice of any college or institution shall be mutually agreed upon by Father, Mother and the child, taking into consideration the parents' then financial ability and economic circumstances, and the child's needs, desires, talents and aptitudes fOr post-high school education. II PHYSICAL CUSTODY The parents shall share physical custody of the child. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1 .) Based on the child's activity schedule, one weekend per month with father from Saturday at noon until Sunday at noon. 2.) Consistent with the child's activity schedule, one midweek visit with father from 5:00 p.m. to 7:30 p.m. 3.) The parties shall share all holidays and school vacations as they and the child shall periodically and mutually agree. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The parents are encouraged to place telephone calls to the child between 6:00 p.m. and 10:00 p.m. so as not to inter[ere with dinner or bedtime. The child shall be permitted free access to place calls to his parents at any time he desires. IV. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. This Stipulation shall be entered as an Order of the Court. ~E-'~a r~J/. WeTnt ra u ~,, Esquire Attorney for Plaintiff Robert ~o Dorff Attorney for Defendant Date: BY THE COURT: il_ltl NOV 8 2002 CONNIE H. DORFF, VS. ROBERT A. DORFF, Plaintiff Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-477:8 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 12th day of November, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for December 5, 2002 is canceled. FOR THE COURT, Davm S. Sunday, E~uire (_J Custody Conciliator CONNIE H. DORFF, VS. ROBERT A. DORFF, Plaintiff Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA , * NO. 02-4778 * CIVIL ACTION - LAW * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on November 20, 2002, I served a tree and correct copy of the Stipulation for an Agreed Order of Custody which was approved by the Court upon Robert A. Dorff, Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Robert A. Dorff 1422 Bradley Drive Carlisle, PA 17013 Date: Mist~ 1~. Leflrn'~n