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Home My WebLink About00-03296 I -......," " -""" , , 1 . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . . Joseph L, Schock . . Plaintiff No. 00-3296 CiV:il Term In VERSUS . Tina M. Schock . Defendant . DECREE IN DIVORCE . . . :J 206 I , IT IS ORDERED AND AND NOW, I"htly . . Joseph L. Schock DECREED THAT PLAINTIFF, AND Tina M. Schock , DEFENDANT, . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . . . . Di\!orc . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISE:D OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . The Marital Settlement Agreement of April 27, 2001, is hereby incorporated. . . . By THE COURT: . 4 . J. (!""~ PRO,HONO"R' . ~'>', . . . . . . . . . . . . . . . . . . , ~I " I., i n (: , ;1 'i l' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ---~"",,,""" ?:,'.- . ; JOSEPH L. SCHOCK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT is made this 2ih day of April 2001, by and between TINA M. SCHOCK, ("WIFE") and JOSEPH L. SCHOCK ("HUSBAND"). WHEREAS, the parties were married on September 9, 1994, and have remained married since that time; and WHEREAS, certain differences have arisen between the parties and, as a consequence, they are living separate and apart from each other since May 20, 2000; and WHEREAS, the parties have one minor child, MIRANDA E. SCHOCK, born March 13, 1996, presently age 5; and WHEREAS the parties wish to set forth certain covenants and understandings regarding their separation and their respective property rights; NOW THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties hereto, intending to be legally bound, covenant and agree as follows: 1. VOLUNTARY AGREEMENT: The parties agree that this Marital Settlement Agreement is entered into voluntarily and after due deliberation by each of them. Husband is represented by Andrea C. Jacobsen, Esquire, JACOBSEN & MILKES, and Wife is represented by Marcus A. McKnight, III, Esquire, IRWIN, MCKNIGHT & HUGHES. 2. SEPARATION AND NON-INTERFERENCE: It shall be lawful for WIFE and HUSBAND at all times hereafter to live separate and apart from each other and to reside 1 ""I .' from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, harassment or interference, indirect or direct, from each other. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading them to live apart. 3. DIVORCE ACTION: The parties acknowledge that an action for divorce between them has been filed by HUSBAND in the Court of Common Pleas of Cumberland County, Pennsylvania, Schock v. Schock, NO. 00-3296 Civil Term. The parties hereby acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle, amicably and fully hereby, all claims which might be raised by either party in the divorce action. The parties acknowledge that they are executing, at the time of signing this agreement, the necessary Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the pending action. 4. LEGAL ADVICE: The parties acknowledge that WIFE has been represented by Marcus A. McKnight, Esquire, IRWIN, MCKNIGHT & HUGHES, as counsel in this matter, and that HUSBAND has been represented by Andrea C. Jacobsen, Esquire, JACOBSEN & MILKES in this matter. WIFE and HUSBAND each acknowledge that they have received, or have had the opportunity to receive independent legal advice from counsel of her or his selection prior to the execution of this Agreement. Each party agrees that she or he each fully understands the facts surrounding this divorce, and each has had the opportunity to be fully informed as to her or his legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after WIFE'S consultation with her attorney and HUSBAND'S opportunity to consult with his attorney. The execution of the Agreement is not the result of any duress or undue influence, and it is 2 -'.- r not the result of any collusion or improper illegal agreement or agreements. The parties acknowledge that each has been fully informed of, or is familiar with, the wealth, property, state, and income of the other, and each party is hereby satisfied that such information is true and correct. 5. PERSONAL PROPERTY: The parties acknowledge that WIFE has removed all her personal property from the marital home prior to the execution of this Agreement. All property presently in the home, except as specifically addressed in this Agreement, is and shall remain the sole property of HUSBAND. The parties acknowledge that there has been distribution of their items of personal, tangible and intangible property, between them since their separation, and, except as otherwise provided for herein, or as may be mutually agreed upon by the parties, each agrees that the division of such property is to their mutual satisfaction, subject to the further terms of this Marital Settlement Agreement. Except as otherwise provided for within this Marital Settlement Agreement, each of the parties shall hereafter own and enjoy, independently of any claim or right of the other party, all items of personal, tangible and intangible property now or hereafter owned or held by her or him with full power to dispose of the same effectively and for all purposes as if she or he were unmarried. 6. REAL PROPERTY: a. The parties acknowledge that HUSBAND is the individual owner of a certain home at 22 Chestnut Avenue, Carlisle, Pennsylvania, which was purchased pre- marriage and never transferred to joint names. HUSBAND will assume full responsibility for the original mortgage and the home equity loan and any other obligations secured against the property. 3 '. ~'. ,~ - , "" - r b. The parties acknowledge that WIFE is the individual owner of a certain mobile home at 398 Kings Highway, Lot 33, Marysville, Pennsylvania, purchased by WIFE, with separate funds, after separation of the parties. WIFE will assume full responsibility for any mortgage, home equity loan or any other obligations secured against the property. c. The parties agree to respectively indemnify and hold each other harmless for all tax assessments, liens, mortgages and/or other indebtedness or other obligations related to the house and real properties which they are to receive hereunder, and to execute all documents required to release the other party from liability for same. 7. DEBTS OF THE PARTIES: The parties agree that except as otherwise provided herein, WIFE will assume full responsibility for any outstanding debt in her name, or any debt which she incurred during the marriage, which was unpaid at the date of separation. WIFE warrants that there are no debts which have not been identified to HUSBAND which she has incurred for which HUSBAND may be held liable. The parties agree that except as otherwise provided herein, HUSBAND will assume full responsibility for any outstanding debt in his name, or any debt which he incurred during the marriage, which was unpaid at the date of separation. HUSBAND warrants that there are no debts which have not been identified to WIFE which he has incurred for which WIFE may be held liable. 8. FLEET CREDIT CARD: HUSBAND agrees that within 90 days of this agreement, he will pay off the debt owed on the Fleet Credit Card, for which the parties are jointly liable or refinance it into HUSBAND'S name alone. 9. MORTGAGE AND HOME EQUITY LOANS ON 22 CHESTNUT AVENUE: HUSBAND agrees that within 90 days of this agreement, he will payoff the debt owed on 4 - ..~ 1t~__ the home equity loan secured against his residence, for which the parties are jointly liable, or refinance such obligation into HUSBAND'S name alone. 10. SPOUSAL SUPPORT AND MAINTENANCE, ALIMONY PENDENTE LITE, ALIMONY: WIFE and HUSBAND do hereby waive, release, discharge and give up any rights which either may have against the other to receive spousal support, alimony pendente lite, alimony or other post divorce maintenance or support. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 11. RELEASE OF ALL MARITAL CLAIMS: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way or dower or courtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 12. PENSION INTERESTS AND RETIREMENT ACCOUNTS: The parties acknowledge that each has certain interests in pension or retirement funds or accounts which may include both separate property obtained prior to the marriage and post- separation, and marital property obtained during the marriage. Each party is and shall be considered to be a sole owner of all such retirement, pension, and any and all other similar benefits now held in his or her name or on his or her behalf. Each party hereby waives and releases any and all claim or interest in the accounts of the other party. Each party hereby agrees to execute any necessary documents or to otherwise cooperate to effectuate the intent of this paragraph. 5 . ~-'"m.~_ : 13. TAX EXEMPTION: The parties acknowledge that WIFE has claimed MIRANDA as her dependent for federal income tax purposes for tax year 2000 and intends to claim her for tax year 2001. HUSBAND agrees that he has not and shall not claim MIRANDA as his dependent for either tax year 2000 or 2001. The parties acknowledge that there is no agreement between them for years after 2001 and the right to claim MIRANDA shall be as may be agreed between them or as determined by law. 14. EXECUTION OF DOCUMENTS: Each of the parties shall, from time to time at the request of each other, execute, acknowledge and deliver to the other party any and all further instruments that may reasonably be required in order to give full force and effect to the provisions of this Agreement. 15. MUTUAL RELEASE AND COUNSEL FEES: Except as provided for in this Agreement, the parties hereby remise, release, quit-claim and forever discharge each other and the estate of each other, for all time to come, and for all purposes whatsoever, from any and every claim, including alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or costs under the Divorce Reform Act, or otherwise, that they make or hereafter make in and to or against each other's estates or any parts thereof, whether by way or dower or courtesy, or under the intestate laws, or the right to take or elect against the other's will, except only such rights as accrue pursuant to this Agreement. 16. ENTIRE AGREEMENT: The parties acknowledge and ~gree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 6 ~~ ~~ ,"'- 17. AGREEMENT BINDING ON HEIRS: This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 18. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. BREACH OF AGREEMENT: I n the event that either party breaches ! any provision of this Agreement or fails to timely perform his or her obligation under this Agreement, she or he shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at her or his election, to sue for damages for such breach or to seek such other and additional remedies as may be available to her or him. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. ~--z VVL f TINA M. SCHOCK ~~!~- 7 ~ LJ ,1_M, , . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: On this, the 27th day of April, 2001, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared, TINA M. SCHOCK, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC NOfAlUALIIEAL A/lllIIIAC..tACOII.", NOTARY PU8UC CA&IIl '" BORO, CUlIllIIlLt!1D co.. PA IIYCOIIIIIS8!ON ElCPlIllS_V If._ My Commission Expires: rv\'{ ?I ,;;}.OO~ COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the 27th day of April, 2001, before me, a Notary Public in and for the aforesaid Commonwealth and County, personally appeared JOSEPH L. SCHOCK, known to me, or satisfactorily proven, to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. tiCn'l.-ranlliAL A/lllIIIAc.JMloiroa.. NOTARY PUIIUC _ ....8OIlO'~VUllDl:O. P~ IIYCOIIIIIllIION IIlIPlIlD_V If._ NOTARY PUBLIC My Commission Expires:-:T'v-\'j ?l, dbD--;).. 8 I' "" "j;~-~ ~llliiOlmlli!l/iilIliiiliiiliilliill' -"'illiU .~ _:.i~~"~~' ''--1M~.~h '>U~i::' ""'! r .,!i~<;"., . . >, ,;'. " jr." :. ,,~, ...._~".', ',-<:.: ,';>' ,," .~., ,!.Jl:" ..'']'" . ";~lAj\;1'::}C_',~t.;:) ,: '\;, , . ";' ,-"":,_,,.yJ>,"'_ !;l 'JJ~t}',~-< 'thf":,: ~ I ':;I;;:(:,i!lk_~~,<:-:' :f'- '<",,0' "'~" 'rt;'.,',', .'-,_:;i'iA-.' ";;.ifi;,',) . . () 0 () c: " $: """ ~--i -oeD -u ~~~ ITlfTl ;'''i.:J z::n z~ r-,) ~-P';:J ~Z ....., ~:',~9 ~C) "'"() _1~_. ~O :J:: ,oc<(e) >g '>? Oi-n -4 Z r:- 45 =< {Jl :::<; ,-,---, ';"~~, - ',- -< ,- .,-'-,~ - -" - '. '" -,~ .. , ,. JOSEPH L SCHOCK Phnintiff IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNlX PENNSYLVANIA v. NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for the divorce is irretrievable breakdown under Section of 3301(c) of the Divorce Code. 2. Defendant was served the Divorce Complaint on or about June 5, 2000. 3. Plaintiff's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Plaintiff on April 27, 2001. 4. Defendant's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Defendant on April 27, 2001. 5. There are no related claims pending. The parties agree to the entry of the Marital Settlement Agreement dated April 27, 2001, to be incorporated into the final Decree of Divorce between them. Respectfully submitted, 21 Rfri I 2.0 CJ I QJ2~ Andrea C. bsen, Esquire JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney for Plaintiff . -,^' , ~, : " , - ,'i i ';' ~ ';, i ,,: " " Ii) !:i " "~'I ',~ ':i ." ,;j ~ :f ;1 ~ \ " " , ci' , i.; '.''0- ~,^c,,_ ,"' ~iI~iJ - "~,~ "Mli1i~_lfjjdi' -,~,j'- ;i;"~,, ,~,,~," '''" ',-,';\?,-"",.,-,,",, ' , ... "~ - ,,- ..;,,:~. ,.- , _'"0 0, ,,' , ,~'~:-_\l , 0 Cl 0 c: .., ;;;;: ..". ,-, "U O:J '"'tl -i~~ ~~gj :::0 N ~:'1~1 ~c;:;: -' ~iJCJ 2::: ;:)h kO '''0 :::J-r-, -:k-n ~o ::>: ~;;:(') '0 ~ "::-rn 5>c ~ ~ c:- ~ (;T\ " ,,~ . ~ '~_,~,,,'<,_;"'--0,~"; ~"", .-~ ,...... ,"",,' ! I , I I , I I I I I , I I I i r JOSEPH L. SCHOCK Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3;l<(("CIVIL TERM ;2<XX) TINA M. SCHOCK Defendant : IN DIVORCE NO'l'TCH; '1'0 nRl<'RNn ANn I:T.A TM RT/iH'I'" 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 rnay proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You rnay 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, *** IF YOU DO NOT FILEA CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 ,,--'_';"'0" .- 'hj >CI I I I I I ~^,',--- ',' JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CIVIL TERM fJO_3.2<?t, TINA M. SCHOCK Defendant : IN DIVORCE cnMPT ,A TN'!' TTNHRR ~lU~,!,l()N ::l::l01 (f') nR ::l::l01 (rl) nF '!'HR nTVnRI:R cnnR Count I - Divorce 1. Plaintiff is Joseph L. Schock, who resides at 22 Chestnut Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Tina M. Schock, who resides at 398 Kings Highway, Lot 33, Marysville, Perry County, Pennsylvania 17053. 3. The parties have been living separate and apart since May 20, 2000. 4. Plaintiff has been a bona fide resident in the Commonwealth for at least six months imrnediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on September 9, 1994, in Millersburg, Dauphin County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. 9. Neither Plaintiff nor Defendant is a member of the Armed Forces of the United States. 10. Plaintiff requests the Court to enter a decree of divorce. ,~ '-';--,1 , ,I I I I I i I I I I I I I I I I I " /:0. ',_' -' .-,;; --, "~';, -, -, '._,. COUNT II - CHILD CUSTODY 11. Plaintiff incorporates herein the prior paragraphs by reference. 12. Plaintiff seeks a court order awarding him shared legal and physical custody of the parties' child, Miranda Elizabeth Schock, born March 13, 1996, presently 4 years of age. Miranda was born to the marriage ofthe parties. 13. Miranda is presently in the physical custody of both parties and resides half time with each parent. 14. During her life, the child has resided with the following persons at the following addresses: from birth to May 20, 2000 with both parties at 22 Chestnut Avenue, Carlisle, Cumberland County, Pennsylvania, 17013; from May 20, 2000 to present with Plaintiff at 22 Chestnut Avenue, Carlisle, Cumberland County, Pennsylvania, 17013 and with Defendant at 398 Kings Highway, Lot 33, Marysville, Perry County, Pennsylvania 17053. 15. The parties have been living separate and apart since May 20, 2000. The parties currently share custody according to a mutually determined schedule. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 17. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 18. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. Plaintiff believes that shared custody will provide Miranda with stable loving homes and that her best interest and permanent welfare will be served by granting the relief requested. "-'"0--' , ,-^-~~;,,,,,, --,' ,,'f. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. 21. Plaintiff requests this Court to enter an Order granting the parties shared legal and physical custody of the child. WHEREFORE, the Plaintiffrequests this Court to: a. Enter a final Decree of Divorce divorcing Plaintiff from Defendant; b. Award the parties shared legal custody and shared physical custody of the parties' minor child; and c. Grant such further relief, as the Court shall deem proper and just. itted, Jacobsen JACOBSE MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 20952 ,"",,-, ';,-" . 11 ,- , j! Ii ']1 ," II I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Y/ )' c/o c1 j~~~~ II 'I Ii II ',',I 1: II ",I i: !,I Ii :,1 n II',',! I' I' II. I; II 'I I I II' i: il " Ii I r."'" ,c_~ """, 'I"~ " . ~ , ~~.. ~"~~-..=. =,d --- .' ,~ - ,-- -< ,,"~. ".- ,~-',;., ,- .. . ".."',,,,,,..'.. ~, ,.. ,,' ,.-. , ,'," '-,-,)",.-"'j ::>"> " ~ ~ n g 0 J> !' 0 ~ -,.J ~ '"1'1; 1l:. 0 a U) ~I) :x q1,~ tl:. , ~w :t>o ~ Cl C> 1.1] ~ ....., ff'i~: ' 0 w' -'m ' ~ 0 0 ~:!;(:' - , 0 O,,l"'''.'-, .~O uJ -., --0 -0 ;:cO ~ '.11 ~'n IN ~ 5l. 9- i~ :::r: ~o - -m ~ - Q :::t:> 3:> .. ...... 1: -J=- ~, !:" ~ ...( -.I (" 3 ~ ~ b' :> ;... iI ,,' ' >'~, --~ -, - " ,--->"~--,.~'---".~~, ,.i"" . " " JOSEPH L. SCHOCK Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERlAND CO~ PENNSYLVANIA . v. : NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed May 30, 2000, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ~~ Jl,,).[O\ (Jptt:4-~~ ?Jose L. Schock ""I." ',~ .<,.:_',l;;~ d' ~- " .- "~, . ,..~~ 0,;'"",:<: , ~ ~ -'.,<,,- ... n Q C) fi' - ...'1") ho ::j :t/ro '" EP'iJ.? :::0 r~l;]2 ..JJ ~~ N ~r,? ;:$< ....., ",0 -0 . >, ~8 -.~ F"l:!:.f - ::~() 5> ry Of""r::- ~ "" 51 =< .c- ::J::) -<; . " .-.-,- -L,~, -:''Lc-~.;,"~;-~':;' '"-,--- 'c';; ; " '". \, ' ~ . " JOSEPH L. SCHOCK Plaintiff v. : IN TIlE COURT OF COMMON PLEAS OF : CUMBERlAND COUNl}: PENNSYLVANIA : NO. 00-3296 avn.. TERM TINA M. SCHOCK Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed May 30, 2000, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of propert}', lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: A ~ q1~ 1tJ01 -.J ,~r Tina M. Schock , " ......,,,"'0, _b~;"_','_ 'L '.in",,"' "'~ '<'''~ ,'C ,"C>, " ";""'" "",. , , p~ "'~- , , """,,~, ""_'i/<~ '.'," ".C"'~"'h ~, , ,," '",,", a 0 0 C ~n s::: ;c. :::;! ;i:l'p,;: -0 Z:D ::tl i~!~j ;:i:! ~~ N ~~~~ t? -.J ---"'- ',~6 kG 3~ ',,---'Y. ~""' ?"';:::J >2 z() N C)m Z .. -.j ::;J, ~ ~, ,J:'" -< " " ',,,~,-, , ~'- " '-""," '-"'-"---'-, ,- ,--,'," . ":.i..oo';"'''' - J " JOSEPH L. SCHOCK Plaintiff : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND COUN1Y. PENNSYLVANIA v, : NO. 00-3296 CIVil. TERM TINA M, SCHOCK Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 330l(c) OF TIIE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities Date: ~~ d-I, ~OC) , ~~ ,,~,~ !-<", ;"-.:,;o,-'i.< _:,,~ .~ u: 'C-. ,,;',-,-" '.~i"'''' 0-'- " c_.., ,< ,. ~ _._ _ ,"~ _, " '-";" ~ - ", . . "~~.,, "h,,'C' '~" .'..'.! (') 0 0 c: " s:: """ -orn -0 ~fT1 0'0 r:- Xi N <~9 zr;;: ~z -.l j~'~j ~c; -u ~o :J!: ~~2Z;) >B ~ esrn ;::.., z t;;" )> ::;! ,l:'" ~ .-; - ".~ ,.- ~ - . - > : o,~ _;; ,__-~" . ," - ~". _,. _~r_ ~ I , I , . ,'''r JOSEPH L. SCHOCK Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUND;' PENNSYLVANIA v. : NO, 00-3296 ovn.. TERM TINA M. SCHOCK Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF TIlE DIVORCE CODE 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities Date: A':),,:.Q ~1/'" t?OO, I , J-Mf2 Tina M. Schock " ^" -f ,- '". *1lim>>iliftli:i1fliiiii ~ ,-'-" <,,', -",-~~ ~,~'"<,~~^"'~'"' ~, >",", , 8 C> () "Tl s:: :=0 ~~idd rliFR ""0 :;0 z:r N .g-o u.s: ..... f""l J. ~z '~:;-1~';' r:::o "'U :C-H ~o J: 9() >e ~ Brfi --{ , ~ c- ~ (.l1 -< -v en"'. . --,,;.,_'-,__~ "v," ~ , JOSEPH L. SCHOCK Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA NO.OO-3.:29b CIVIL TERM TINA M. SCHOCK Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Deborah R. Clark, hereby certify that a true and correct copy of the Complaint in Divorce and Waiver of Counseling in the above captioned matter was duly served upon the Defendant, Tina M. Schock, by depositing it in the U.s. Mail, certified, restricted delivery, return receipt requested, on May 30, 2000, addressed as follows: Tina M. Schock 398 Kings Highway, Lot 33 Marysville, PA 17053 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904, relating to unsworn falsification to authorities. DATE: ~/<i feV i~u1D)ah=R tQwk Deborah R. Clark '-- , ... + Z 452 474 271 US Posllll Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use lor International Mail See reverse S\lf'illa M. Schock Street & Number 398 . S H' wa Lot 33 P~ce'~11:cpA 17053 Postage $, 55 Certified Fee D Spada! DeliveIy Fee R~edOelivery Fee ~" '1 '? 'I'l: (, I al""""--';h to raceiva Iha "l!e"me1~ .raddWonelservlces. IoIlQl,,,_)sarvicas (loran 3,48, ana 4b. '_'arld:address.ontherevel1l8of1hlsform80thatweClU!-ratumthls extra fee): i:ionn to the front of the fnallpleC8, or on the back If space does not 1. 0 Addresseels Address 1:.1 .!J:,;iI;Retum FJeceJpt Requested"~n the mBllplece below the article number, 2. i19 ~estricted Delivery .Th,Retum,RecelptwiUshowtowhomtheartfclewasdeUveredandtheda18 "'---u' -,- ._- 10 I I' delivered. ~ VUllO I~ po~.UII_UlIIr r ee. I a. Alliele Addressa'd to: 4a. Article Numbar Tina M.!Schock Z 452 474 271 398 K~ Highway, LDt 33 4b. Service Typa J Marys~ille, PA 1705y 0 Reglstersd IliI Certifiell ~, o Exprass ~ 0 Insura'd I o Return Rscejpj.for Msrchandlse 0 COD ' 7. Date 01 DilliV'illY Gs'w I 8, Addril~a:~Add*" (Onlyifrequestsd I' and f.isPaid) I ::.,,, ::, ::j i-ii,ii u 'I .$9. 99a-0020 ~ Domestic f\etUmf\eceipl - , ","~","~-'~ ,"",,", /-",,-'. " ',:';-., , <,,, ""~,,, ~,~ ,~,,, ", ~~ - o c: <: ,JP' 0.)[5:"] ~5~; g~::; zF~ )>r~' z =< ""1 t:,-:> o o -n .::;~ -~; ::I:l , . , I-~. ~~ ~(~ Qrn _,.1 J> :Xl -< .~ r::: ...e'- I CO J:;;l'lJl ~: 9 :..> .0 ",'--, .0- -,:~:,,~;~" ~~ _" ;._ ~, _ ,,,_,,', ~ '., _, ',,;.",,'.- w I' I',' " ii i' ],; " v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ;;JI& : NO.txJ-3 CIVIL TERM ". E JOSEPH L. SCHOCK Plaintiff TINA M. SCHOCK Defendant I " , i ! [: , : IN DIVORCE WAIVER OF COUNSELING ;' I' l: r r:: ~, JOSEPH L. SCHOCK, Plaintiff herein, hereby states and certifies as follows: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I r ~: I I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the " , i , " , ! Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904, relating to unsworn falsification to authorities. ;: " Ii I, i Dated: >/7 tJ ft 0 ~riij"-L :9~ S PH L. SCHOCK 1 "-- ' , !II ," '.. .. ~~'" -lili~~~ ~~ "_ ~'."__',L > ~_,' .>" -"'~~-,~" '^, ,< ," ""~1Ii'""'" ", ,~ ",~"',C",,~,,,",~, ~" ,',,, , 0" 0 (') t 'O~ ,., :i: :.:;j, bo FP1~ -< ~ W -,~tI!f 0 :uo 06 ~o ,:I>> :i!jj i8 ::r. ~-(') ofT1 ~ Ul ~ -< It~ ~~ '-"__0'_"'_' '--"--0'-'-- ,. ~ C,)_.,_ M ,;;...",=.",.., ,,;;';;,,,,,,...:..:' ,,_ '-:;",0-,,:-'- - .'.}, '''';''';.,0,,.; ,. ..- ~. ,," ,___C~S ' JOSEPH L. SCHOCK. PLAINTIFF : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-3296 CIVIL TERM TINA M. SCHOCK. DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, Tina M. Sehock, in the above captioned case. Respectfully submitted, By: Date June 28, 2000 ;",;1,'_" '-"_':_._~. . JOSEPH L. SCHOCK, PLAINTIFF : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3296 CIVIL TERM TINA M. SCHOCK, DEFENDANT CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Praecipe to Enter Appearance was served upon the following by depositing a true and eorrect copy ofthe same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Andrea C. Jacobsen, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, P A 17013 IRWIN, McKNIGHT & HUGHES By: Date: June 28, 2000 "' ___ ~.:j" c" ~". --, "~~- ~" ^ ~^ "' """"," ,'. ' ." ~-' - -,,, ~"'~""> ,. C_.-",,,,,,,,," ~. "~ .. ':'" ">, -~ . (') 0 0 C a '-;", ". '- n'" ~. -Ore; c:: i"!':~ J1 1T1l"n ;.:;:: 2:ti N ---,fr; ZS:;: ;'~1:' (f) c;. co -/ ? :::1U ~C5 ""::J "T' -'I '- -T1 ~o 3 ~~~o -0 r::> om )>c ~ ~ 'J1 :0 \0 -< J;' u <"'~, _"M' -" '~I~' , ''''''''''"" " ,"" ""-'-'~ ".\j #- JOSEPH L. SCHOCK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA v. NO. 00-3296 CIVIL TERM I i~ " ! II jj ~ 1'1 I 1 ii I I I I I ! I ! I! I;~ ~ I! :j II " I~I I' I " , j i I I I I TINA M. SCHOCK Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Dana A. Dunkle, hereby certify that a true and correct copy of the Petition For Order of Ne Exeunt and Temporary Order For Custody in the above captioned matter was duly served upon the Defendant's Attorney, Marcus A. McKnight, III of IRWIN, McKNIGHT & HUGHES depositing it in the U.S. Mail, postage pre-paid, on October 17, 2000, addressed as follows: Marcus A. McKnight, III, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: CJ~~ \\~() ~~,~yJ(~ D na A. Dunkle ' ~"-""-"'" ~I-'-- ,i.;,',,,,-, -iillIlI"" g, . , -~ ." ~- --': ",.-. _.~'.- . '",- -~ (") C :;:~ f2~f~ -;:. [" CR"'.> -~~'-, CL ~~::~ J;>C ~ ,- ,". -~ C':'J.-- ,- , o''':} ~':") ':-...i ,~ OJ "~,) '.. \......) ()l ~" I ~ < JOSEPH L. SCHOCK PLAINTIFF V. TINA M. SCHOCK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-3296 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of August ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 13th day of October ,2000, at 9:30 a.m. 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. FOR THE COURT, By: Isl 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 ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 . ... ~.q.C(} ff-ff'CJ(} ~ -<t - tJp .-- - "'-. ","" ,,-. ,- ~~,~,'~ " "~'''' , .,,,~,,,,, -". .~ .--- =, ~ - " ""-. <:\1 ED-Om('t;: .. _,'.~- ~ ~. ^v;O" AR':f 0" "..",''''', ,.,'-\, }'" r I .' "~ . " <:\ I ,c. '1'-, 00 ~UG -8 AM II: 04 CUMBER\.AI\lD COUNl'Y PENNSYLVANIA U,~/!,~~~9~ '7l~ fU;J~ ?> 4. ~_ ~~ ~ ~~~~&. ~ _"'~_" "~, b.~f.1!I'JI'Il1f!'ll ,~ ~~_o . ~~lIiH!(!R~i1l:;~""'r,'_"~~","""'_ '. ,_ < ~~~.~~~OiliiHMmm ,_ "" =~"" -. , " -~, ~^ ,- 'p- -' ",~-,"'. ~ , ,-- y ",~,~~ -. -~"",. :---'-;:.,~'- ',.. ";, JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant : IN DIVORCE ORfiRR AND NOW, this _ day of , 2000 upon consideration ofthe attached Petition, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at , on the _day of _, 2000, at o'clock _.m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator =^~- - ^ ~> ._"''''' -", ",--,---- -, ,. -' ,~,"--, --, '-'.- ',,:-. ,~,,,- -- -- ~-, ,-- - ,-", "'k- --,,. - - ~{ JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant : IN DIVORCE PETITION FOR CUSTODY CONCILIATION CONFERENCE COMES NOW, the Plaintiff in the above matter, by his attorney, Andrea C. Jacobsen, JACOBSEN & MILKES, and respectfully requests this Court to enter an Order referring this matter for a pre-hearing conference with the Custody Conciliator. In support of this petition, Plaintiff asserts as follows: 1. This action in divorce was filed by the Plaintiff on May 3, 2000. 2. In this action, a claim was set forth as Count II for custody of the parties' minor daughter, Miranda, but no conciliation conference was requested at that time because of the expectation of reaching a stipulated agreement. 3. The parties have been sharing physical custody of the child, but have been unable to agree to terms for a Stipulation or Order with regard to custody. WHEREFORE, Plaintiff respectfully requests this Court to hear Plaintiff's claim for custody and immediately enter an Order directing the parties to appear at a pre-hearing conference before a custody conciliator. 1~ 2.-3 ~oo C. a JACOB N & LKES 52 East HI treet Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 20952 0""" '~, "~'_"i"~=, "" "~'a ~_;,.'i - --"',,~, ~~ -,- - .~;" ()) r-~ -::-~ ~g~~; -", ," (') ~; '"f., SJC- <- :< Ul t\.) Q..) ::-~, I\.: L -, __~ .'i...~'r' . . .:.i1J.!4ij NOV 22 ZOQ~ JOSEPH 1. SCHOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TINA M. SCHOCK, Defendant NO. 2000 - 3296 CIVIL IN CUSTODY COURT ORDER AND NOW, this Z '1-' day of November, 2000, upon consideration of the attached Custody Coneiliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.4 of the Cumberland County Courthouse on the 15th day of February, 2001 at 9:30 a.m. At this hearing, the Father, Joseph 1. Schock, shall 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 the history of custody in this case, the issues currently before the court, each parties position on these issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. The parties shall meet for a second Custody Conciliation Conference on Thursday, January 25, 2001 at 8:30 a.m. 3. Pending further Order of this Court, the following temporary Custody Order is entered: A. The Father, Joseph 1. Schock, and the Mother, Tina M. Schock, shall enjoy shared legal custody of Miranda E. Schock, born March 13, 1996. B. The parties shall alternate physical custody on weekends. Father's weekend custody shall extend through Monday. On the weekend Mother has custody, Father shall have custody from Sunday evening at approximately 8:00 p.m. through Monday. On weekdays, Father shall have custody during the day while Mother is at work, with the parties to work out an arrangement for daycare when Father must leave for work early before Mother is home from work. Mother shall have custody on weekdays when Father is at work. ~~ .",'._i" ~iII.-~.~"'--"'IiRH~~~lI!h~_I~fWjl~iIIIII..i;;.gj ",,, ~ ,,\ ~ -, : \,,-. " (. . ,,". \'\'\ ,.\ "-" \1 .. .,),;:0 .~, \\ ,\.... ,.'.'.-\ \./'--'!' .,".\ -,\'''-.,< "I'~{\'';.,. ", \,,;:-"'\'.;:'.\:\c::{(;.~ -',\ " t"\ \ \'l ,..... .... t-. \~\-""-'.J v'.) ......\r<\..... \~ "~ ~. "- ._~ .- ,",~ ~,,'- /~ l:{ ... ~" ,W ~ ' -, - -+-~ '" ;:~ ~j~ 4. The Thanksgiving and Christmas schedule for custody shall be handled pursuant to the agreement the parties have already reached between themselves. BY THE COURT, cc: Andrea C. Jacobsen, Esquire Marcus A. McKnight, Esquire 44- tap.i.w -fY7 o'J tJ. II-'z'if-OO p.X:) J. . .'" - --,,~- :'" ,,'''-~ ,-- .~ -0,1 ;~ : JOSEPH 1. SCHOCK, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TINA M. SCHOCK, Defendant NO. 2000 - 3296 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: MirandaE. Schock, bomMarch 13, 1996. 2. A Conciliation Conference was held on November 17,2000, with the following individuals in attendance: The Father, Joseph 1. Schock, with his counsel, Andrea C. Jacobsen, Esquire; and the Mother, Tina M. Schock, with her counsel, Marcus A. McKnight, Esquire. 3. The parties have been separated for approximately five months. The Mother has relocated to Perry County. The parties have been working out a custody schedule but there is a dispute with respect to primary custody at this particular time. A hearing is necessary, but there is a possibility of getting this matter resolved at another Custody Conciliation Conference. The Conciliator recommends the entry of an order in the form as attached which incorporates a interim temporary custody order based upon the information that was provided to the Conciliator at the Conciliation Conference. ~~ .?;t! (;0 DA E Hubert X. Gilroy, Esquire Custody Conciliator "~ - .. - ~ - .'---, -'. ;,-, ,-,-, ,_m:,'~.1..w-,'i.~'~-'b-~",,,,'j ;;""'"-"j ,; JAM 3 0 20~ JOSEPH 1. SCHOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TINA M. SCHOCK, Defendant NO. 00 - 3296 CIVIL IN CUSTODY COURT ORDER AND NOW, this 3'" day of January, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and direeted as follows: I. The hearing scheduled in this case on February 15, 2001 at 9:30 a.m. is cancelled. Additionally, the prior Custody Order entered in this matter on November 27,2000 is vacated and replaced with the Custody Order as set forth below. 2. The Father, Joseph 1. Schock, and the Mother, Tina M. Schock, shall enjoy shared legal custody of Miranda E. Schock, born March 13, 1996. 3. The parties shall alternate physical custody of the minor child on weekends. Father's weekend custody shall extend through Monday. On the weekend Mother has custody, Father shall have custody from Sunday evening at approximately 8:00 p.m. through Monday. On weekdays, Father shall have custody during the day while Mother is at work, with the parties to work out an arrangement for daycare when Father must leave for work early before Mother is home from work. Mother shall have custody on weekdays when Father is at work. This schedule contemplates the child attending kindergarten in the afternoons in the Carlisle School District. 4. Each party shall be entitled to three weeks of extended vacation with the minor child during the sununer months. The parties shall notify each other in advance with respect to when they intend to exercise vacation. This vacation time is limited to times when the parties are off work, and the parties shall try to give each other notice on or before May 151 of each year. 5. The Christmas holiday shall be handled with the mother having custody from Christmas Eve at Noon until Christmas Day at Noon, with the Father having custody from Christmas Day at Noon until December 26th at Noon. 6. The New Year's Day holiday shall be handled with the Father having custody from New Year's Eve at Noon until New Year's Day at Noon, with the Mother having custody from New Year's Day at Noon until January 2nd at Noon. 1M ~ L~ , ~ . '". >~ ,<,..". ",...~" " ,~ - ",~"_.,-. "'- "~ "" . .~~ ""'~,,~ ~ ('"' Ill., ~iLECr{)i:FfCE "~', "~ "'V'C'- '~"~T"'1Y ,', r "1" .~,_" -I <''';' !'\, ! /, ,,_ ' ., :''', " '-"",..._t"" IJ! FEB - I N1 8: '5 CUI~1BEFfL\'10 COUNTY PENNSYL\/;-WfA " - ~"" ,'~ ,.. !Ill"Il~~.~~ ~:I"_JqJP!Jil!'ll, __ ~,. !ta;"'WlI~~. _"Ii!W!~ . . _ ~ r. ",..' ,"," .'..~- . - - " "' Ll;-' 7. For the Thanksgiving holiday, the parties shall alternate each year with the timeframe being from Wednesday after school until Monday morning. For Thanksgiving 2001, Mother shall enjoy custody of the minor child, with the parties alternating thereafter. 8. The Easter holiday shall be handled the same way as Thanksgiving with custody being from when the child is released from school until Sunday evening. The Father shall enjoy custody for the Easter holiday 200 I, with the parties alternating thereafter. 9. The parties shall alternate custody of the minor child on Memorial Day, July 4th and Labor Day. The timeframe shall be from 9:00 p.m. the evening before the holiday until 9:00 p.m. the day of the holiday unless agreed otherwise by the parties. Mother shall have Memorial Day 2001 with the parties following the alternating holiday schedule thereafter. 10. The Father shall always have custody of the minor child on Father's Day and the Mother shall always have custody of the minor child on Mother's Day. The timeframe shall be from 9:00 p.m. on Saturday until 9:00 p.m. on Sunday. II. The parties have entered into this Agreement on the basis that each party reserves the right to have the matter revisited by the Court once the child starts fIrst grade. BY THE COURT, Andrea C. Jacobsen, Esquire Marcus A. McKnight, Esquire J. cc: . Jf\::)- t~\~D\ o 1: ~~ . '~I . JOSEPH 1. SCHOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TINA M. SCHOCK, Defendant NO. 00 - 3296 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: MirandaE. Schock, born March 13, 1996. 2. A Conciliation Conference was held on January 25,2001, with the following individuals in attendance: The Father, Joseph 1. Schock, with his counsel, Andrea C. Jacobsen, Esquire; and the Mother, Tina M. Schock, with her counsel, Marcus A. McKnight, Esquire. 3. The parties agree to the entry of an order in the form as attached. d~qlCrL DATE C)~ ~~ " '0" " ~ "," , " " "'__'. _; < ~"""'-'~--- "-';"' ~C"! , I I I ~ JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v~ : NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of October, 2000, upon consideration of the within Petition for Order of Ne Exeunt, and Temporary Order for Custody, it is Ordered and Decreed as follows: 1. A Rule is issued upon respondent to show cause why the relief sought should not be granted, including Father's claim for custody of the daughter of the parties. Said Rule is returnable at a hearing to be held on ,2000, at o'clock, in Court Room No~ _ of the Cumberland County Courthouse, Carlisle, Pennsylvania.; 2~ Pending determination of such Rule, petitioner is granted shared physical and legal custody of Miranda Elizabeth Schock; 3. Pending determination of such Rule, Mother is prohibited from relocating or removing Miranda from the Commonwealth; 4. Pending determination of such Rule, Father may remove Miranda from the Commonwealth for weekend travel to Virginia. By the Court: , \~", ~f / I" :aI ,<, ~"' "~ -~ ,,~ -,-- ,~ " ," '"" -.'CT/Ji'{ ':; , L,: nil GU"';'!;;;,iL,'D (0 " ~ r'r:.Nr\!Q\/' \ I ,-"..ILI;\; TV 1\,J1L'".ANi/J. I ,)" 7-_~" ~__ " !"'!""" 17" > _0 ,,'.'_._-. .~., ,.~ .., , .,-,,_..~.-,--~ -"', -~-, ""',.001 JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant : IN DIVORCE PETITION FOR ORDER OF NE EXEUNT and TEMPORARY ORDER FOR CUSTODY COMES NOW, petitioner, Joseph L. Schock, plaintiff, by his attorney, Andrea C. Jacobsen, JACOBSEN & MILKES, and petitions this Court to enter an Order, granting the parties shared legal and physical custody of their daughter, and prohibiting respondent, Tina M. Schock, defendant, from relocating from the Commonwealth with the daughter of the parties, Miranda Elizabeth Schock. In support hereof, petitioner asserts as follows: 1. Plaintiff (Father) is Joseph L. Schock, who resides at 22 Chestnut Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant (Mother) is Tina M. Schock, who resides at 398 Kings Highway, Lot 33, Marysville, Perry County, Pennsylvania 17053. 3. The parties are husband and wife, but have been living separate and apart since May 2000. 4. The parties are the parents of a child born to their marriage, Miranda Elizabeth Schock, age 4. born March 13, 1996. This action in divorce was filed by plaintiff on May 3, 2000, and included a count for custody with regard to Miranda. 5. The parties have been sharing physical custody of Miranda since their separation but have not been unable to agree to terms for a Stipulation or Order with regard to custody. '" ~, ,~ -' ,'-,","-'-' ,- "~"" --.' ".","'-.'0'"""",- 0" 6. On July 28, 2000, Father filed a Petition for Custody Conciliation Conference which has not yet been held. A conference set for October 13 2000, was continued to November 17, 2000, due to a conflict of the Custody Conciliator. 7. Father works four days per week from approximately 3:00 p.m to 1 :00 a.m. Mother has been working on a traditional day time schedule. 8. The present arrangement for physical custody is based upon the work schedules of the parties and the pre-school program of Miranda. 9. Since Miranda was an infant, and Mother returned to work after maternity leave, Father has always been the primary caretaker of Miranda during the work day until 2:30 p.m. 10. Prior to the present month, Miranda remained all day with Father until he left for work at approximately 2:30 p.m. on Monday to Thursday. 11. For about the last year, Miranda has attended pre-school for socialization benefits. 12. As of this month, Miranda's time in pre-school has been increased by joint agreement of the parties, in order that she may benefit from the educational component of the program. 1:3. Under the present arrangement, Miranda spends part of each weekday and alternate weekends with Father. On weekday mornings, Miranda is dropped off at Father's by Mother at about 7:30 a.m., on Mother's way to work. Father feeds her breakfast and lunch most days. 14. Presently Father takes Miranda to pre-school each week day and Mother picks Miranda up after work three or four nights per week. On Wednesdays, Miranda is picked up by her paternal grandmother who feeds her dinner and watches her for the evening. On alternate Fridays, Miranda is picked up by Father from pre-school. "~ " - " -_,,-~, ,_. - ,.;~ --,'--' -i " ,-N,'. ',.;.0-- - ''',.' d 15. Father has expressed to Mother that he seeks to have more overnight visits with Miranda in light of the decreasing time he has with her during the work day due to her pre-school program. Mother has refused to agree with the request. 16. Father has a very close and caring relationship with his daughter. Except for alternate Saturdays and Sundays, he is used to spending part of almost every day with her. He is very active in arranging for her pre-school program, and in meeting her physical needs. 17. On October 15, 2000, Mother advised Father that she had suddenly quit her job and decided she wanted to move with Miranda to Nebraska, where she has family. 18. Father confirmed with Mother's employer, John Cunningham that Mother has left her position with his company, John's Mobile Repair, in Carlisle, PA. 19. Mother's decision to terminate employment and formulation of intention to relocate was apparently made on the spur of the moment without prior notice to Father or any apparent pre-planning. 20. Father is very much opposed to Miranda's relocation. He does not believe that such a relocation will be in Miranda's interest. 21. If Mother relocates with Miranda, there is no practical means for Father to maintain his close relationship with his daughter and his very active role in her life. 22. Father is concerned that Mother may relocate from the Commonwealth with Miranda without the opportunity for prior Court review of his claim for custody of his daughter, or review of the relocation decision. 23. Father is an active member of the Potomac Appalachian Trail Club. He maintains the condition of a hiking trail in the Shenandoah National Park, near the Skyline Drive in Virginia. He usually goes to Virginia approximately one weekend per month to work on the trail. When Miranda is in his custody on those weekends, she usually accompanies him on the trip. ~~. " - , "' . <.' " '00 -.'_, "'-, _ " -.; c,-,," __ '--:"_'--~, _"'_,,__, "') ~ ,-:' - ",-,1 24. Father seeks an Order directing that Mother may not remove Miranda from the Commonwealth pending a relocation hearing before this Court. 25. Father seeks a Temporary Order of Court confirming his shared legal and physical custody of Miranda pending further Order of Court. WHEREFORE, petitioner respectfully requests this Court to: a. issue a Rule upon respondent to show cause why the relief sought should not be granted; b. pending determination of such Rule, enter an Order granting petitioner shared physical and legal custody of Miranda Elizabeth Schock; c. pending determination of such Rule, enter an Order prqhibiting Mother from relocating or removing Miranda from the Commonwealth; d. pending determination of such Rule, enter an Order allowing Father to remove Miranda from the Commonwealth for weekend travel to Virginia; e. set an immediate hearing on Father's claim for custody and, after hearing, grant Father permanent shared physical and legal custody of Miranda; and f. grant such further relief as the Court may deem proper and just. cobsen JACOBS ILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 20952 , ~~ " ,~~ ~--. ,-, 'O';""'~ _,__-' .____;_;,-_ _',';~'~:'_='_,.;,. _'-- ___.; ..____'~{C, VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn falsification to authorities. ~~~CK " "'. ";.'. .,,-, ,'-' '. ,.'-;0' "/,,-,"<4:'..;',, "J"~, ".,,:k -"'-'j JOSEPH L. SCHOCK Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant IN DIVORCE CERTIFICATE OF NONCONCURRENCE I hereby certify that a copy of the Petition For Order of Ne Execunt and Temporary Order For Custody was forwarded to Respondent's counsel Marcus A. McKnight, III of IRWIN, McKNIGHT & HUGHES, and his concurrence in the Petition was sought. By telephone conference of October 17, 2000 Respondent's counsel advised the undersigned that his client did not concur. Respectfully submitted, It' ft"1 !DO 17 /J ~_ __<.~- LMJ(~ .. BY: Andre'a-e:--.htcobsen JACOBSEN & MILKES 52 E. High Street Carlisle,PA 17013 (717) 249-6427 (717) 249-8427 . Fax Attorney No. 20952 -.-" -~a'- ,,_ ."h ~_ ~" ~ ,~ _"",;__<_ ,_'c"'" ,-,,, i" () C ;g ~f~: :;~ "-;:" ~) i~=; ~~ ~~:~ -i -< (-'\ C) o ,___0") --,-I (~) --lJ ::0 I ,.~ --0 (~) -"0 -'~-.1 ;:':":; _ ~;:-r. ~.j ~;~;! ::0 -< r....J ::-) '~J ~ . . ~' '_r-_r ' " ----- "-, -,' "_...~" ",,-' ~ '.. ,'.- .~'"~. ~'."""~-.~,~,,,,,"~' "~'-~'^- " ,',.' OCT 1 8 20~J JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of October, 2000, upon consideration of the within Petition for Order of Ne Exeunt, and Temporary Order for Custody, it is Ordered and Decreed as follows: 1. A Rule is issued upon respondent to show cause why the relief sought should not be granted, including Father's claim for custody of the daughter of the parties. Said Rule is returnable at a hearing to be held on ,2000, at o'clock, in Court Room No. _ of the Cumberland County Courthouse, Carlisle, Pennsylvania.; 2. Pending determination of such Rule, petitioner is granted shared physical and legal custody of Miranda Elizabeth Schock; 3. Pending determination of such Rule, Mother is prohibited from relocating or removing Miranda from the Commonwealth; 4. Pending determination of such Rule, Father may remove Miranda from the Commonwealth for weekend travel to Virginia. By the Court: .', ,"j,,--^,- .,,~ ",. ,__ >,''. c-. ." "; ,-'__. :.:'--~:; .;,' ~ .,5.~,' 'i-.-,',-;, __,____ "'_'-""__'c'~' JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of October, 2000, upon consideration of the within Petition for Order of Ne Exeunt, and Temporary Order for Custody, it is Ordered and Decreed as follows: 1. A Rule is issued upon respondent to show cause why the relief sought should not be granted, including Father's claim for custody of the daughter of the parties. Said Rule is returnable at a hearing to be held on ,2000, at o'clock, in Court Room No. _ of the Cumberland County Courthouse, Carlisle, Pennsylvania.; 2. Pending determination of such Rule, petitioner is granted shared physical and legal custody of Miranda Elizabeth Schock; 3. Pending determination of such Rule, Mother is prohibited from relocating or removing Miranda from the Commonwealth; 4. Pending determination of such Rule, Father may remove Miranda from the Commonwealth for weekend travel to Virginia. By the Court: fij]fl'ki--'(~Z-;Xi'-~' ~2>~-?';~X;;:'~~~':t::t;';i :",_i:k";7:f)~~i::,~. ~'::,:$~~:>.<.\ ~, (')"'''''' .,to->",- '"'trl~ It " ,,~O " :Ii t:l:l l-d..... r.n >'@. i"J ::;~Z 8go,., ~-~ B: t'" ~ '" oc.n<-)> ClI\,))>:J ....mOO' (ii' Cl 0 CD roS!l.tDCl - U'J -U:!m0 )>co z <- ~::r,,"Cl -..jU'J""C') 0_"",0 ....""'0- -l.(t) -(JJ c.v CD r CD -"':J m- U'Jm (J) ..0 C CD ,,~C~'''''~'_''''' rl' ( ~'I' ~"J/; W"!~""\\f~ ~;~ ri;V'<>.... '. ,~"'-' :" r~ t~:;,\,,,'~4 I", "4! '~;>::::J f; ;,,l'&r_ , .11\ J ,,--,~, j::: dr;;"'~"~!~1\1 ft~~~-;====~"=-~----"~l :~.~ It: I' ! 11 HH! " '-'l II' ~. b PH ;~ ~~j .Ii!!) .!;?~ Iii liP! C, ~ ~~ H fl'l : ~C ....*******...*** " ~;~~i I "I " ''"; -~- ,0",,-'/0'.-,-,.- "-';";;',: :;f'W-~}iW.:t;";;:g,;;* 0if$j,~&10.It't;i~~fP,;~'f,;,-:';~ii'1~'.; ;;K~:;-4: fl'j~;^;~;~:,:::7t' ,'X-;,,::i.:f~ (lv.... r:; IV 01>- :=:tr1~ f!l. ~ 0 " ~ - iJll:l:l ::E ~. r/:J ..."" t<J -"'Z -..JCIl 8@11,0 "''' a:: ' ~ '" :i6 t= v. ~ r/:J ~8~;u~ =<rn~~ cn<.....-C1 CD ffi -0 _2 crn - - 0 1J-u3S::)> )> 0 ::,.(,:'" 3 (!) A"" ....ll.............ZC1 -..Jiil-U-A ~ ..... a G> 2. w C/l;;;to Ice ~~-.,~ (!) rn 1lO- (!) -. - .-+O:c= 1ilc -Gl ~I =m Q,C/l ::> ce l/\fi,' ? ),j~ t.n"!..>l1,.,,~i .pof"'" ", ''''\'l.{ t -~r-' 1J _h \ ~ ~ ~..~~~1 ,o<lvo" J ~]~~& I;l., '\ '" 11"" @:~ffN6}/~~} I;;, III Il~!' ." . I t~ ~ ~111 t;; III 1~ Ii rn t~ **********,**:t , Jt;<;<4-::::t,;:'; ~~,,~,,{;f,;',,; =-0"iff':;'';'''L:',-:',;,,:::-:', }5,J:,,-~;;,.,":;,;!g 8!,:;:,~~'!i,,;,(l-~ " 'I " 'ij :'i " .1 'J '~ ',:1 ,!! I 1 I (1.'1 ,," 'i .'~~ .. OCT 1 8 2~ JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3296 CIVIL TERM TINA M. SCHOCK Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of October, 2000, upon consideration of the within Petition for Order of Ne Exeunt, and Temporary Order for Custody, it is Ordered and Decreed as follows: 1. A Rule is issued upon respondent to show cause why the relief sought should not be granted, including Father's claim for custody of the daughter of the parties. Said Rule is retumable at a hearing to be held on ,2000, at o'clock, in Court Room No. _ of the Cumberland County Courthouse,. Carlisle, Pennsylvania.; 2. Pending determination of such Rule, petitioner is granted shared physical and legal custody of Miranda Elizabeth Schock; 3. Pending determination of such Rule, Mother is prohibited from relocating or removing Miranda from the Commonwealth; 4. Pending determination of such Rule, Father may remove Miranda from the Commonwealth for weekend travel to Virginia. By the Court: "~~" _~".M _._ ~ "'~~ - ,. = - JOSEPH L. SCHOCK Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-3296 CIVIL TERM o c: <: -0f!-' mn-' 2::-i:' -.....r-.- ~~~~.: -S-..'-" ~~~ :z: --, -< o o o ('J ...... (~ -n TINA M. SCHOCK Defendant : IN DIVORCE -v PETITION FOR ORDER OF NE EXEUNT and TEMPORARY ORDER FOR CUSTODY 1;..) .-::J ,p -~,.. -'-- COMES NOW, petitioner, Joseph L. Schock, plaintiff, by his attorney, Andrea C. Jacobsen, JACOBSEN & MILKES, and petitions this Court to enter an Order, granting the parties shared legal and physical custody of their daughter, and prohibiting respondent, Tina M. Schock, defendant, frorn relocating from the Commonwealth with the daughter of the parties, Miranda Elizabeth Schock. In support hereof, petitioner asserts as follows: 1. Plaintiff (Father) is Joseph L. Schock, who resides at 22 Chestnut Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant (Mother) is Tina M. Schock, who resides at 398 Kings Highway, Lot 33, Marysville, Perry County, Pennsylvania 17053. 3. The parties are husband and wife, but have been living separate and apart since May 2000. 4. The parties are the parents of a child born to their marriage, Miranda Elizabeth Schock, age 4. born March 13, 1996. This action in divorce was filed by plaintiff on May 3, 2000, and included a count for custody with regard to Miranda. 5. The parties have been sharing physical custody of Miranda since their separation but have not been unable to agree to terrns for a Stipulation or Order with regard to custody. .. "ili .. 6. On July 28, 2000, Father filed a Petition for Custody Conciliation Conference which has not yet been held. A conference set for October 13 2000, was continued to November 17, 2000, due to a conflict of the Custody Conciliator. 7. Father works four days per week frorn approxirnately 3:00 p.m to 1:00 a.m. Mother has been working on a traditional day time schedule. 8. The present arrangement for physical custody is based upon the work schedules of the parties and the pre-school program of Miranda. 9. Since Miranda was an infant, and Mother returned to work after maternity leave, Father has always been the primary caretaker of Miranda during the work day until 2:30 p.m. 10. Prior to the present month, Miranda remained all day with Father until he left for work at approximately 2:30 p.m. on Monday to Thursday. 11. For about the last year, Miranda has attended pre-school for socialization benefits. 12. As of this month, Miranda's time in pre-school has been increased by joint agreement of the parties, in order that she may benefit from the educational component of the program. 13. Under the present arrangement, Miranda spends part of each weekday and alternate weekends with Father. On weekday mornings, Miranda is dropped off at Father's by Mother at about 7:30 a.m., on Mother's way to work. Father feeds her breakfast and lunch most days. 14. Presently Father takes Miranda to pre-school each week day and Mother picks Miranda up after work three or four nights per week. On Wednesdays, Miranda is picked up by her paternal grandmother who feeds her dinner and watches her for the evening. On alternate Fridays, Miranda is picked up by Father from pre-school. . - " """"'"----~.:--'J # 15. Father has expressed to Mother that he seeks to have more overnight visits with Miranda in light of the decreasing time he has with her during the work day due to her pre-school program. Mother has refused to agree with the request. 16. Father has a very close and caring relationship with his daughter. Except for alternate Saturdays and Sundays, he is used to spending part of almost every day with her. He is very active in arranging for her pre-school program, and in meeting her physical needs. 17. On October 15, 2000, Mother advised Father that she had suddenly quit her job and decided she wanted to move with Miranda to Nebraska, where she has family. 18. Father confirmed with Mother's employer, John Cunningham that Mother has left her position with his company, John's Mobile Repair, in Carlisle, PA. 19. Mother's decision to terminate employment and formulation of intention to relocate was apparently made on the spur of the moment without prior notice to Father or any apparent pre-planning. 20. Father is very much opposed to Miranda's relocation. He does not believe that such a relocation will be in Miranda's interest. 21. If Mother relocates with Miranda, there is no practical means for Father to maintain his close relationship with his daughter and his very active role in her life. 22. Father is concerned that Mother may relocate from the Commonwealth with Miranda without the opportunity for prior Court review of his claim for custody of his daughter, or review of the relocation decision. 23. Father is an active member of the Potomac Appalachian Trail Club. He maintains the condition of a hiking trail in the Shenandoah National Park, near the Skyline Drive in Virginia. He usually goes to Virginia approximately one weekend per month to work on the trail. When Miranda is in his custody on those weekends, she usually accompanies him on the trip. ~. -. '-0 w ---li<' ~ 24. Father seeks an Order directing that Mother may not remove Miranda from the Commonwealth pending a relocation hearing before this Court. 25. Father seeks a Temporary Order of Court confirming his shared legal and physical custody of Miranda pending further Order of Court. WHEREFORE, petitioner respectfully requests this Court to: a. issue a Rule upon respondent to show cause why the relief sought should not be granted; b. pending determination of such Rule, enter an Order granting petitioner shared physical and legal custody of Miranda Elizabeth Schock; c. pending determination of such Rule, enter an Order prohibiting Mother from relocating or removing Miranda from the Commonwealth; d. pending determination of such Rule, enter an Order allowing Father to remove Miranda from the Commonwealth for weekend travel to Virginia; e. set an immediate hearing on Father's claim for custody and, after hearing, grant Father permanent shared physical and legal custody of Miranda; and f. grant such further relief as the Court may deem proper and just. Respectfull Submitted, (J~\ cobsen JACOBS ILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 20952 - - 'L,.,~ , ...._'"~~ "re:o. VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. ~:~~CK - ~ > b. -j~; ~ JOSEPH L. SCHOCK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3296 CIVlL TERM TINA M. SCHOCK Defendant IN DIVORCE CERTIFICATE OF NONCONCURRENCE I hereby certify that a copy of the Petition For Order of Ne Execunt and Temporary Order For Custody was forwarded to Respondent's counsel Marcus A. McKnight, III of IRWIN, McKNIGHT & HUGHES, and his concurrence in the Petition was sought. By telephone conference of October 17, 2000 Respondent's counsel advised the undersigned that his client did not concur. Respectfully submitted, Ie:.' ('I"'.)' , t..1I,. t f (' .. l-~ I (/ (~\ .... ./ .... _...J-tY, ,",,", \-~ BY: Andrea-G: Jacobsen JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 20952 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEVS'AT'LI\.w 26 W. High StrE!et Carlisle, P A ,- ~' j .;. -, " ,- ~-,. """~.- '. /;, ' > '~'! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH 1. SCHOCK, Plaintiff No. 2000-3296 v. CNIL TERM TINA M. SCHOCK, Defendant (In Divorce) AGREEMENT REGARDING TAX CONSEQUENCES QF CHILD THIS AGREEMENT is made this IB~ day of.:J'IJ.Xlt'.l ,2003, by and between JOSEPH L. SCHOCK, hereinafter referred to as Husband, and TINA M. SCHOCK, hereinafter referred to as Wife; WITNESSETH: WHEREAS, the parties hereto were married on September 9, 1994 and as a result of this union, one (1) child was born to wit, Miranda E. Schock, born March 13, 1996, and hereinafter referred to as Child. WHEREAS, diverse, unhappy differences, disputes and difficulties arose between the parties, and as a result the parties were divorced from the bonds of matrimony on May 3,2001, at the above-referenced term and number. On April 27, 2001, the parties entered into a Marital Settlement Agreement which was incorporated into the Divorce Decree. Paragraph Thirteen (13) of the Marital Settlement Agreement included a provision that permitted Wife to claim the Child as a dependent for Federal Income Tax purposes for the tax years 2000 and 2001. It was also specifically agreed in that paragraph that there was no agreement with regard to who was to claim the Child as a dependent subsequent to the 2001 tax year. :I II SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVS.AT.LAW 26 W. High Street Carlisle, P A -~----, "" __,_.',_,'"_0,",'...;; "e ;~-", " '" -" ~-",i I i , ...! ~ I " 1,1 , WHEREAS, it is the intention of Husband and Wife to live separate and apart for 'I I I the rest of their natural lives, and the parties hereto are desirous of settling certain economic issues, specifically to include a definition of which parent shall have the right to claim the Child for Federal and State Income Tax purposes for the 2002 tax year, and until such time as the Child can no longer be claimed as a dependent for Income Tax purposes. " !~ [,I , !] 'I ji ,I i 1 ,I :1 NOW, THEREFORE, in consideration of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. That based upon the January 31, 2001 Order of the Cumberland County Court of Common Pleas, the parties shall share legal custody of the Child and the Wife shall exercise primary physical custody subject to Husband's periods of substantial physical custody. 2. So long as the custodial situation remams unchanged, Husband shall continue to pay child support as directed by the appropriate judicial offices and agencies. 3. Husband agrees to pay half (Y2) of any necessary unreimbursed medical expenses that the Child incurs in any given year. Within ten (10) days of receipt of same, Wife will provide Husband with copies of any bills indicating the amount of any unreimbursed medical expenses for which she wishes Husband to pay half. 4. So long as the custodial situation remains unchanged, for the tax year 2002 and every year thereafter, until such time as the Child can no longer be claimed as a dependent on anyone's tax return, it is the agreement of the parties that Wife shall have the right to claim the Child as a dependent on her Federal Income Tax Return. SAlOIS SHUFF, FLOWER & LINDSAY ATIURNEYS.AT-LAW 26 W. High Street Carlisle. P A '"" ~ I "';" ~'-b- ~ e . ^ -"I~ ~,' ~ ,-" ',..- -';,.' - r,:pl 'I ,.'."1' , :1 'I :1 I' II 'j :1 :1 I :1 'I ., , ,I ,I :1 " , 5. So long as the custodial situation remains unchanged, for the tax year 2002 and every year thereafter, until such time as the Child can no longer be claimed as a dependent on anyone's tax return, it is the agreement of the parties that Wife shall pay to Husband, via certified check or money order, within ten (10) days of receipt of her income tax return, half (Yz) of the child tax credit (which in the tax year 2002 is a total of$600.00). 6. Both Husband and Wife agree to execute any and all documents that may be required by the Internal Revenue Service or any other State or Federal taxing authority. Appropriate execution of said documents shall occur in a timely fashion and shall occur prior to April I st of each year. 7. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 8. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 9. The parties agree that this Agreement is entered into voluntarily and after due deliberation by each of them. The parties acknowledge that each of them has read and understands his or her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so, but as a voluntary act. Husband is II SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVS'ATlLAW 26 W. High Street Carlisle. P A , 1 ,- - - "" ~ " "--" ,t'-,",' -"-~ represented by Lindsay Gingrich Maclay, Esquire, of Saims, Shuff, Flower & Lindsay, and Wife has been given full and fair opportunity to have an attorney review this Agreement before signing. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first written above. WITNESS: ~lrlf<~ ~~ J eph D. Schoc ~ N\ ~.J- Tina M. Schock II SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 w. High Street Carlisle, P A ,--/",- ;-,,';ij-;J ,-,,:,--.;,,--,--. 0. AU~ 2WK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH L. SCHOCK, Plaintiff CIVIL ACTION - LAW v. No. 2000-3296 (Civil Term) TINA M. SCHOCK, Defendant (In Custody) ORDER AND NOW, this c.. day of /2.~l4...V / , 2004, upon presentation and consideration of the attached Stipulation of the parties, it is hereby ORDERED and DECREED that the attached Stipulation is made on Order of Court. BY THE COURT, L fVlatl{1.fl ~ 3:Ao~k:..I-r;n~ C!fY Copy jl~ to jYlcl4. 'I ., " --~ --~- ._'7H '-,j ,. FIlE'J-Off-1CE OF TH~ pnr..-' 'n'In-F" H c. llV \ t';lJI'\,\.J If,,t'l f ?OO' ^ ,,-~ r ,i.HJt~ H.Ub -0 CUILi:" .," "'_"11"_"~" ___/. ,. I\llll: 48 ..::"!~~--- ~~~ ~ ~~.~ -~ -,~-~ SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS.AT-LAW 26 w. High Street Carlisle, P A - ,-- - -, :- -, - ~- .'," '- - - - ~ --. -~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH L. SCHOCK, Plaintiff CNIL ACTION - LAW v. No. 2000-3296 (Civil Term) TINA M. SCHOCK, Defendant (In Custody) STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this ~ day Of~, 2004, by and between Joseph L. Schock (hereinafter referred to as "Father") and Tina M. Schock (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the natural parents of one (1) minor child, namely, Miranda E. Schock, whose date of birth is March 13, 1996 (hereinafter referred to as the "Child"); and WHEREAS, the parties, after Conciliation, reached an agreement, which was memorialized and subsequently entered as a Court Order on January 31, 2001, by the Honorable Kevin A. Hess; and WHEREAS, Mother now wishes to move the Child a significant distance from Father; and WHEREAS, the parties desired to attempt to reach an agreement without the need for court intervention; and WHEREAS, on Wednesday, May 26, 2004, the parties agreed to meet and were successful in reaching an agreement; and WHEREAS, the parties now wish to memorialize the terms of their agreement. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A '" ,- -~- ----;., NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. The parties shall have j oint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their Child, including educational, medical, and religious decisions. 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 her health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the Child. If the Child is sick and is unable to attend school or other planned activities, the parent then having custody will notifY the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the Child with health care providers, sufficiently in advance thereof so that the other party can attend, ifhe or she so chooses. Pursuant to the terms ofPa.C.S. 95309, each parent shall be entitled to equal access to all records and information pertaining to the Child, including, but not limited to, the Child's school, medical, dental, religious and other important records, the residence address of the Child and the other parent. As soon as practical after the receipt by a party, copies of the Child's school schedule, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA , -, --__0 --- <- .,-_- -'."-'.----- -'-'-""'__'_'<>-'-_:<_-::"__:'_"_~m:'--'-'.-- ... - <:~: ! the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Child's report cards and other reasonable papers affecting the Child's education, medical condition or welfare. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Children's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation. 2. Physical custody of the Child, as that term is defined in the Custody Act, shall be shared by the parties as follows: a. The parties agree to share physical custody of the Child, with Father's periods of partial custody delineated below: 1. During the school year, Father shall have partial custody of the Child every weekend from Friday after school through Sunday at 8:00 p.m. Father will pick the Child up from school on Fridays and Mother will pick the Child up from Father's home on Sundays. In the event that the Child has a long weekend off of school (either Friday and/or Monday), Father will have the right to extend his period of partial custody to include the additional days the Child is off of school. The parties agree to be flexible with transportation on these long weekends, in order to ensure that Father can spend the extra time with the Child. The parties specifically agree that in the event that Mother or the Child has a special event which will occur over Father's period of partial custody, Father will be flexible in allowing the Child to attend said event; however, in no event will the SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS.AT.LAW 26 W. High Street Carlisle, P A . '-', -'. -,"- ,'-' - ,---_:- - -~,'--, ,,- .".'.--.--"",.--. ---", -- -~ <.-'.~ -.>- Child spend more than one (I) weekend per month away from Father during the school year. n. During the summer, when the Child is off of school, Father shall have partial custody of the Child every weekend from Thursday through Monday. On Thursday night, Mother will bring the Child to Father's home. Father will then drop the Child off at her daycare provider on Mondays before he goes to work. The parties specifically agree that in the event that Mother or the Child has a special event which will occur over Father's period of partial custody, Father will be flexible in allowing the Child to attend said event; however, except as otherwise herein provided under "summer vacation," in no event will the Child spend more than one (I) w-eekendpermonth away from Father. b. School. The parties agree that for at least the 2004-2005 academic year, the Child will be enrolled in the Carroll County School District in the Westminster, Maryland area. Both parties agree to execute any and all necessary forms to have the Child properly and timely enrolled in the appropriate Maryland school district within five (5) days of a request by the other party to do so. c. Counseling. If the Child indicates that she is unhappy with the move to one or both parents, both parties agree to ensure that the Child be enrolled in individual counseling. If either party hereto suspects that the Child is having problems adjusting to the move, the parties agree to ensure that the Child be enrolled in individual counseling. The parties specifically agree to attempt to find a counselor/therapist who is covered under one SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, PA --,:- - _: - -- -- --- ,,-_:._,;- .',-- or both of the parties' insurance policies. The parties specifically agree to equally divide any unreimbursed expenses associated with the Child's counseling. d. One (1) Year Trial. The parties agree to try this custody scenario for one (1) calendar year. In the event that the Child is unhappy with the move and desires to return to the Carlisle area, the parties agree to avoid court intervention and revert back to and implement the January 31, 200 I Order of Court. e. Mother's Job. If Mother should acquire ajob no more than twenty (20) miles from Carlisle, the parties specifically agree to innnediately revert back to and implement the January 31, 200 I Order of Court. f. Emergencies. In the event that Father is called to the Child's school more than three (3) times in any given year (due only to the fact that Mother is not available), the parties specifically agree that the Child will finish out that academic year in her school in Maryland, and would then subsequently be enrolled in LeTort Elementary (or the appropriate school in the Carlisle School District) for the next academic year. If a change in schools is necessary, both parties agree to execute any and all necessary forms to have the Child properly and timely enrolled in the Carlisle School District within five (5) days of a request by the other party to do so. 3. Summer Vacation. Father shall be entitled to five (5) weeks of sunnner vacation. Said uninterrupted vacation time with the Child shall be no more than fourteen (14) consecutive days. Mother shall be entitled to up to fourteen (14) consecutive days of vacation time. Neither party will unreasonably withhold permission for the Child to be with other parent during his or her chosen vacation time. Each parent shall advise the other of their chosen "vacation time" on or before May I st of the given calendar year. In the event SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSIATlLAW 26 W. High Street Carlisle. P A : ---: , ,,,"'.1" . . that both parents choose the same "vacation time," the parent who first gave notice will be entitled to have the Child over their chosen "vacation time." In the event that the parties are not planning to take the Child anywhere over their chosen "vacation time," the parties specifically agree to allow the Child to exercise a period of partial custody with the other parent, which period of partial custody will last no more than four (4) hours. Both parties agree to cooperate and to assist in transportation in order to enable the Child to exercise this period of partial custody with the other parent. In the event that either party is planning to take the Child out of this Court's jurisdiction, they must provide reasonable notice for the locations around which the Child will be staying. Additionally, the parties agree that the Child shall contact the other parent, at least once a week, when the Child is with the other parent for a fourteen (14) day stint. The periods of partial custody for vacations shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody and holidays for the parent as set forth in this Stipulation. 4. The holiday schedule shall take precedence over the regular visitation schedule and shall be as follows: a. During Christmas Holiday Season, Mother shall always have the right of partial custody from the time the Child is off of school for the Christmas Holiday, through December 25th at noon. Mother will drop the Child off to Father by noon on December 25th. Father shall always have the right of uninterrupted partial custody from noon on Christmas Day until noon on New Year's Day. Mother shall pick the Child up from Father's house or his relatives' house on New Year's Day. b. Thanksgiving Holiday. During Thanksgiving Holiday, connnencing in 2004 and in even-numbered years thereafter, Father shall have the right of SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle. P A ~,;,," partial custody from after school the Wednesday before Thanksgiving through the Sunday after Thanksgiving. Mother shall transport the Child to Father's residence on the Wednesday before Thanksgiving. Father shall drop the Child offto Mother by 8:00 p.m. on the Sunday after Thanksgiving. During the Thanksgiving Holiday, commencmg m 2005 and in odd- numbered years thereafter, Mother shall have the right of partial custody from after school the Wednesday before Thanksgiving through Thanksgiving night at 8:00 p.m., at which time Father will pick up the Child from Mother's residence. c. Father shall be entitled to exercise partial custody on the following other holidays: Easter, Memorial Day, Fourth of July, Labor Day. Should the Child have off of school for additional days around these holidays, Father shall be entitled to extend his period of partial custody to include any additional days that the Child may have off of school in conjunction with any given holiday. d. For Father's Day Weekend and Mother's Day Weekend, Mother shall always have the right to partial custody on Mother's Day Weekend. Father shall always have the right of partial custody on Father's Day Weekend. The rights of partial custody shall be exercised from Friday through Sunday. d. On the Child's birthday, whoever has custody of the Child pursuant to the regular custody schedule, shall be entitled to have the Child on her birthday. The other party can then make arrangements to celebrate the Child's birthday on their next- scheduled period of partial custody. e. The periods of partial custody for holidays or other special days as set forth in this Stipulation shall be in addition to, and shall take precedence over, but shall SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. P A ;,~: o ___~ -'"".-,~___,,;,'-' not alter the schedule or sequence of regular periods of partial custody for that parent as set forth previously in this Stipulation. 5. Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive custody at the time of the exchange is to provide for transportation from the residence of the other parent. At all times, the Child shall be secured in appropriate passenger restraints. All people transporting the Child shall be properly-licensed and under no circumstances will the Child be permitted to ride in any vehicle driven by any person(s) with a suspended license. No person transporting the Child shall consume alcoholic beverages prior to transporting the Child. No person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Child. 6. To the extent possible, each party shall provide the other with at least forty- eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that each of the parents have custody of the Child, they will make certain that the Child attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Neither parent, however, shall commit the Child to any activity unless the Child definitely desires to attend that activity. Participation in activities, which take place during the school year, is contingent upon the Child maintaining passing grades in school. SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS'AT-LAW 26 W. High Street Carlisle. P A _, -- -, e,',. ,-'" ,0 ,,_ ,_.~---C". ,'"",,- ;-~,,'_, ,', -.J>_. _ 'I I I ! Neither parent shall commit the Child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the custodial parent shall not be required to take the child to that activity if the custodial parent and Child are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pick-up in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate transportation is provided. 7. Both parties are expected to use common sense in scheduling telephone calls to talk to the Child. Both parties and/or their spouses/significant others/third parties are hereby directed to refrain from preventing the parent who may be calling from talking to the Child, or preventing the Child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule, or interfere with the custodial parent's period of custody. 8. Each of the parties and any third party in the presence ofthe Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A "_C""C__' other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love, affection and respect for the other parent. The parties shall not use the Child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 9. In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those mallers shall be discussed with the other party before any change is made by either parent. 10. Each party shall confer with the other on all mallers of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the children will be in for a period in excess of seventy-two (72) hours, and for each person or entity which may provide daycare for the Child, excluding current daycare providers, relatives, or public school institutions. In furtherance of this effort of communication between the parties, the parties hereto specifically agree to meet once a month, during the last custody exchange of the month, to discuss the Child's progress and any problems they are having with the Child. Additionally, the parties hereto specifically agree to begin a "Miranda Notebook." This notebook will include any school documents received by Mother (tests, SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. PA .-. -- ---~ _,_.,,_>','_ -,'--__-_,., -,-' - '-.__c':_ -'--,'-, ",__.,,;., , ~ homework assignments, etc.) and will also include notes from one parent to the other indicating the types of activities in which the Child participated, any positive notes on the Child, any upcoming projects or events, and problems they had with the Child during their period of custody and how those problems were addressed (is the Child grounded, etc.). The "Miranda Notebook" will be passed back and forth between the parties at the custody exchanges. 11. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision- making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confmes the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 12_ The welfare and convenience ofthe Child shall be the prime consideration of the parties in any application of the provisions ofthis Stipulation. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 13. No party shall allow any third party to consume illegal substances when in the presence of the Child. 14. The parties are free to modifY the terms of this Stipulation, but in order to do so, the parties must be in complete agreement to any new terms. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 w. High Street Carlisle, P A -<..c""c" ~,- 15. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. 16. Any major, long-term modifications of this Stipulation need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation will control the custodial arrangement until such time as the parties are able to agree. 17. Except as otherwise herein provided, once executed, this Stipulation, Agreement and Order shall be the only document that controls this matter and shall supercede any previous Stipulations, Agreements and/or Orders. 18. The parties specifically agree that Cumberland County will retain jurisdiction of any custody issues. ~~~ :JOseph L. Schock ~Cl~% / ~tL (D~ Tina M. Schock .."-'-- 0ibI~..i.1.: ~ ~ ~'.......~-~~._.. ->"~~- .-, "-, . -~,. ~.. ~. "'-,;! I 0 ,..., ("M-::-'> 0 C C:"';) -'n ;:.0 ,0- )~'" --l C. fA:n G) r- 1 -01:9 ~,,'- , 0', ~_t,l -., C).~ ~Jtf~ (;"['="(1 j :::~: s! """,j 1" 5:J -< N -<