Loading...
HomeMy WebLinkAbout00-03631 . -~-,=-, . "..:.. ~"~ '-'~l" JOSEPH MARK P A VUSlK, II PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANE PYRYT P A VUSlK 2000-3631 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of Juue ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear befordVIelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on the 18th day of July , 2000, at9:15 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to defme 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 Melissa P. Greevy. Esqt:P Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 > > .~' _ "' M ~~_ .. , "--:lb,FrI qn 1Il!'2'~ Pi] ?,' 3', "". '~,,' ,1 _. '-,' 'I'.... '. ~ cu"',..,., .- . < hlf,L'i:nl..P,~ "~LJ COUNTY l"i:NNSYL\\t\NlA /R'c23.tk' M-~.-u~ ~ 4~-~ (, oB -CO ~ A:!~ ~ ~ iJ~ t, ';)3 .CJtJ !'W ~ -t> 4 ~ . , 11III1lffl'..~~Hl!l!Qlt!I'!""~"~~.",, ~ , M!I!I!IfiI '~"""9"'~~~!!lj. ,<,,~=> "r, _ ~^,"",'" .'--=' - --~ "_ H _~~-- ^,,~,..,.,~, ,<..,"~_ '~__'__<_,l;c";'h"'d.- c,"'"""Y ""'''''~x,''',"__ 'E-",,',' <_~ ,o,-_0d.._,~,;..dO~"",-, ~_ JOSEPH MARK P A VU. SIK II , Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - CUSTODY JANE PYRYT PAVUSIK, Defendant : NO. CO - .JWt COL'L;-~ ORDER OF COURT AND NOW, , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at _ on the _ day of , _, at _' M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues itt 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: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HA VEA 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, Pennsylvania 17013 (717) 249-3166 ,"-^'''', ";""MW_ '.J,~ U,-,'_o.'-'. "~~~'O,~,j,--,;~"n _~-""__""'<,, ,'" "~,"""~^--~_""'";;;__, ',-'.';..'. - C:,h,:.. "">_" JOSEPH MARK P A VUSIK, II Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - CUSTODY JANE PYRYT PA VUSIK, Defendant ;0. .] I, J) C;;;;..rr ..u.- : NO. CUSTODY COMPLAINT 1. The Plaintiff is Joseph Mark Pavusik, II (hereinafter referred to as "Father"), who currently resides at 2605 South Front Street, Steelton, Dauphin County, Pennsylvania 17113, Father is moving on or about July I, 2000 to 146 Lee Ann Court, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Jane Pyryt (hereinafter referred to as "Mother"), who currently resides at 3601 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks shared legal and shared equal physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Susan V. Pavusik 3601 Golfview Drive Mechanicsburg, P A 17055 9/7/94 Michael T, Pavusik 3601 Golfview Drive Mechanicsburg, PA 17055 1/21/90 4. The children are presently in the custody of the Mother who resides at 3601 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. " ~_n~' "~ , ~" " -'"",-"",,,.. "~"',~ ,,;,;-.;~~" -'_'>>,/-r -,j,," :;,1 "","'[''1'1 ,'^, '~", C;':'~'I , l-~;,",_,~;, '.~;i..i';;'"",,,V~ '" ,"'C . . .;;, 5, During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMESOFPERSONS IN HOUSEHOLD 1986 to 12/22/99 3601 GolfView Drive Mechanicsburg, PA 17055 Mother, Father and Children 12/22/99 to First week of2/00 3601 Golfview Drive Mechanicsburg, PA 17055 Mother and Children First week of 2/00 to 3/24/00 3601 Golfview Drive Mechanicsburg, PA 17055 Mother, Father and Children 3/25/00 to present 3601 Golfview Drive Mechanicsburg, PA 17055 Mother and Children 7, The Mother of the children is Jane Pyryt Pavusik, currently residing at 3601 GolfView Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, She is married to Plaintiff. The parties are separated and there is a divorce action pending. 8, The Father of the children is Joseph Mark Pavusik, IT, currently residing at 2605 South Front Street, Steelton, Dauphin County, Pennsylvania 171l3. He is married to Defendant The parties are separated and there is a divorce action pending, 9. The relationship of the Plaintiff to that of the children is that of Father. Plaintiff currently resides with the following persons: NAME RELATIONSHIP Self >-,'-'. -~ ..." - ~_ ~~ ~ ,_ 'Ii_ I. , "~., ~"' {;, "" ",-).-,""'-~~' '". . ,-'n", - ~,-_,_ ,.,~, -c--;i:'~_.i:' ,; ,~;bh;,~'" ",-~' '~"',--~",~"~-,'r"",,,~'0.,'~"~".L' ',~""" ,',i<~, ;_" " -'~M- 10. The relationship of the Defendant to the children is Mother. Defendant currently resides with the following persons: NAME RELATIONSHIP Susan V. Pavusik Michael T. Pavusik Daughter Son II. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14, Father had believed that the parties would be able to privately handle their custodial arrangement to maximize his time with his children. This belief was reaffirmed during the parties' discussions. The parties had agreed that they would share the summer on an alternating week basis. Now that summer had arrived, Mother has not allowed the alternating week basis. 15. Father's new home is only a short distance from the marital residence which would allow for easy custodial transitions and would not affect the children's schooling since they attend parochial schools. 3 .~" ,-p,;..-,. ,~', ~ --,,^,",,'^,; ... -, . .'~'. "~""'''lS,,,,,,...!L' "".-".'. '" -".:[.;,h~",.. ';". ~i-',';,,,:':~1 "'.' ;---~;., ,J,'"...',l.-d;;--,' "'d,,''';''', V-:.",v,',X ~o"'. ,",lll,;.<"-i,"'",,,_,. .;,:,~I 16. It is believed that without court intervention, Mother will only allow a very limited custody schedule, 17, The best interest and pennanent welfare of the children will be served by granting the relief requested because a court order is necessary to ensure that Father continues to have substanital contact with the children. Father has always been involved in the children's lives as an active caregiver and a source of stability. He is fit and able to care for the children. 18. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal and shared equal physical custody of the children to the Plaintiff. DATE: June 14, 2000 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. 32317 Attorney for Plaintiff 4 ~ c_.... """M""k.--, ,'" " _"', &~ -"'__L~t',,_,,~ "i-_< ,~ '_X".",,,,,,-'.' ~"".' ">',',"-f"~,~-""";;':;<' __;,;".,',S; 'n\:,,-'~o''';;';~''k-i'~~' 1"_'~" '",~,~ "" JOSEPH MARK P A VUSIK, II Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - CUSTODY JANE PYRYT PA VUSIK, Defendant : NO. VERIFICATION I, Joseph Mark Pavusik, n, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. " ~' -~~- n,_,,_,"'_' -"",--- ,s,,"'~-';"'~ ',.;w.~;,-,,'--'o. ~'I ! , , or ~ .. ...- ~ JOSEPH MARK P A VUSIK, II Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION - CUSTODY JANE PYRYT PAVUSIK, Defendant NO. DO - 6010\ C\V\ l \IQ[~ ACCEPTANCE OF SERVICE I, Kathleen-Carey Daley, Esquire, on behalf of Jane Pyryt Pavusik, hereby accepts service and acknowledge receipt ofthe above-captioned Custody Complaint, having received said Complaint on the I~'!i;of ~ ,2000, atWeen C 1029 Scene Harrisburg, PA 17109 (717) 657-4795 ~ \-0: ~l~ ,,<\ '''j' . . ... JOSEPH MARK PAVUSIK, II Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3631 CIVIL ACTION - LAW CUSTODY JANE PYRYT PAVUSIK, Defendant ORDER OF COURT AND NOW, this 5 ~ day of ~ ' 2000, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to an independent evaluation. This shall be an independent Custody Evaluation. The parties shall sign all necessary releases and authorizations for the Evaluation to obtain psychological and medical information pertaining to the parties. The Custody Evaluation shall initially be paid by Mother, Jane Pyryt Pavusik, with the understanding that Mrs. Pavusik may file the appropriate petition to request the Father, Joseph Mark Pavusik, to pay all or a portion of those costs from his funds or to allow Mother to have some credit in the equitable distribution case. 2. Following the conclusion of the independent Custody Evaluation the parties shall return to the Custody Conciliator to resolve the custody matter prior to the scheduling of a hearing. 3. The parties shall have shared legal custody of their children, Susan V. Pavusik, born September 7, 1994 and Michael T. Pavusik, born January 21, 1990 and shall share in decision making regarding the education, religious upbringing and medical care of the Children. 4, Pending further Order of this Court or agreement of the parties, the parties shall share physical custody of the under the following schedule: A. The parties shall have shared physical custody on a week-on week-off basis with Father's week to commence at 5:00 PM on Sunday, September 10,2000. The time for custodial exchanges shall be 7:00 PM on Sundays. ~, .. Docket No. 2000-3631 B. Pending further Order of Court or an agreement of the parties, the parties shall share holidays on an alternating basis. The periods of school vacation shall be shared equally between the parties so that each party shall have one-half of the Children's days off from school. C. The parties shall share transportation with the party commencing their period of custody picking up the Children from the other parent's custody. D. The parents shall have reasonable telephone access with Children on their non-custodial weeks. BY THE COURT, J. cc: Kathleen Daly, Esquire Barbara Sumple-Sullivan, Esquire * ~ I I'.!III".., ",.... - ..~ ~ -=- .~ (": CD S~p-~ "-'",::J1/\RY 'J , j,' l: 53 cur\lk~;~';~i c.;r)i INTf . Pb\iNSYLVANIA ~,"~_III!IIlII-Il~_~.~~, lr!lmll\l_~"p',,,,,.,(,, '-1 """~'""I"'W'W""'~~''''!~..e ..'~",,,,,,,,,""'F,~!\lHfm- .~" - -"'" , , 'f', I"."^ ,'~ SEP 0 1 2000tf JOSEPH MARK PAVUSIK, II, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-3631 JANE PYRYT PAVUSIK, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Susan V. Pavusik Michael T. Pavusik September 7, 1994 January 21, 1990 Mother Mother 2. A Custody Conciliation Conference was held on August 16, 2000, with the following individuals in attendance: The Mother, Jane Pyryt Pavusik, and her counsel, Kathleen Daly, Esquire; the Father, Joseph Mark Pavusik, and his counsel, Barbara Sumple- Sullivan, Esquire. 3. The Conciliator met with the parties' counsel to explain each party's position. However, counsel for the Defendant declined to bring her party in to participate in the Conciliation. Therefore, neither of the two parties was seen by the Conciliator. 4. Mother's position on custody is as follows: She would like to have primary physical custody Monday through Thursday with Father having custody for Friday through Sunday, either two or three weekends per month. It is Mother's position that her schedule fits better with providing after school supervision and assistance with homework than does Father's schedule. She is greatly concerned about homework and providing a great deal of structure to the Children because they are each apparently being treated for Attention Deficit Disorder. She requests a Custody Evaluation by Doctor Shienvold. 5. Father's position is that he would like to have shared physical custody in a week- on week-off type arrangement. He has agreed to cooperate with the Custody Evaluation if one is necessary. Father believes he is well able to assist his Children with their academic work. 6. Because the parties were not able to reach an agreement with regard to custody an Order in the form as attached has been provided as a recommendation to the Court. '-'~ "~, I" . Docket No. 2000-3631 ;;fo-qfuvv (..ll..~,fd;~ <-, Custody Conciliator Date ,-- i'_'"Ill,'- c. JOSEPH M. P A YUSIK, II PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-3631 CIVIL ACTION LAW JANE P. (pA YUSIK) WINGARD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 27, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyue, P A 17043 on Tuesday, April 29, 2003 at 11 :00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Ahnse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Melissa P. Greevy. Esq. Custody Conciliator (/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ^" ~,~ ~. ~ ." -',"" - =,,,-,.~ '''~,"'' , " --~ "~' ~",>~"_.,, ,,,,,,,,~..,o__,;;;;;,,,, . ^ - "" '._c - ~, i:i!j;.'r-. .....:._ O~,. (' J t;...,,-U>-.-j l~.i-fr!~ -r I dt~' p'I}6-;i.;,I~';:!=I--' ,." """ ""I"Y ''''''-",1111 03 M~D ") n:in i 18, p~:\ 2 ^, II'" . ")- . . .,'" C "'^^,^ - . v lJ,,,,,,.,,", '. J\ll...~r-:LA1")i -'..... PENNS\tV/N~WNTY 'Ii fA ,Idffa3 &vI- ~~ ~ -4 Ac.~ 71~ ma~;f /If ~~i;4~ 3d~1?J3 3 ';)gO.J \ . ',,,, ~~ ,~MI!llWI!!1~~ ~~ " RJ!! 1!$l!;iiIQ ~ ~ ~~i\1I!J ~ ~",~_I~U!$ill~~~~~'~L. ~_~~I~, flIJ. e. __,,~ _'_'. , .,,!,~!':;r,1Ii!! .'. -, --~Jl ~, '" '^-,;,--" ". ,"',- ,_n,,' ",''- JOSEPH M. PAVUSIK, II Plaintiff/Respondent v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-3631 CIVIL TERM JANE P. (PAVUSIK) WINGARD CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY ORDER OF COURT AND NOW, this day of ,2003, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before the conciliator, at , on the _ day of , 2003, at o'clock, _ m. for a pre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court: Custody Conciliator 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 717-249-3166 ') , -" .-,' -,< -,'", ~- '.', , ',;, JOSEPH M. PAVUSIK, II Plaintiff/Respondent v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY JANE P. (PAVUSIK) WINGARD Defendant/Petitioner PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes the Petitioner, Jane P. Wingard, by and through her attorney, Charles Rector, Esquire, and files this Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Petitioner is Jane P. Wingard, mother, who currently resides at 3603 Golfview Drive, Mechanicsburg, Pennsylvania. 2. Respondent is Joseph M. Pavusik, II, father, who currently resides at 5027 Inverness Drive, Mechanicsburg, Pennsylvania. 3. The parties hereto are the parents of the following minor children: Susan Pavusik (DOB 09/07/84) Michael Pavusik (DOB 01/21/90) 4. On December 6, 2000, the parties entered into a comprehensive Marital Settlement Agreement which was incorporated by reference for enforcement purposes only, and not merged, into their Decree of Divorce, and which agreement provided the parties with shared physical and legal custody of the minor children on an alternating week basis (a true and correct copy of this Agreement regarding custody and visitation is attached hereto, made part hereof and marked Exhibit "A"). ~" -,- j.., .. ~--- '--~.,,::," "'", - ~"",..~ , ,~ '~" 'H , . , ~. '-:~J 5. The best interests and permanent welfare of the children will be served by a modification of the parties' agreement which grants Petitioner/Mother primary physical custody because: a. The academic performance of the minor child Michael has deteriorated since the week on/week off schedule began. b. The minor child Michael, who is a special needs child and who suffers Attention Deficit Disorder, is not receiving proper daily medication while in the custody of his father, all of which is negatively impacting his behavior and academic. performance. c. The minor child Michael is not properly supervised nor properly compieting homework while in his father's custody. d. The minor child Susan, who is a senior at Trinity High School, and the minor child Michael, are adversely emotionally affected by Respondent's openly gay relationship with his significant other while in their presence. e. The minor child Susan is adversely emotionally affected by Respondent and/or his significant other inasmuch as her religious beliefs are at times mocked and challenged by them. f. Petitioner believes, and therefore avers, that Respondent is currently receiving treatment for severe depression which depression affects his ability to properly care for the children. g. Petitioner believes, and therefore avers, that Respondent is a habitual user of marijuana, which behavior adversely affects his ability to supervise the children while in his custody. O. ",- "'-' , "". ,- ..:-, ,- ~, ~:" "-'"'-,-.:",,,-> WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the terms of the parties' Marital Settlement Agreement and grant Petitioner primary legal and physical custody of the minor children with appropriate alternating weekend/holiday/summer visitation to be granted to Respondent. __--o-------O^ Date:M .~ -" - I" ,+, ~~' --, - ,,",. , ",-., ",'-":"'--"" - I verify that the statements made herein 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. ~~ \;v\~ Jane P. Wingard Date: 3\n\()~ .~. . c '~"k! /' MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this~ day o~i:u.r- , 2000, by and between JOSEPH MARK P A VUSIK, II, hereinafter referred to as "HUSBAND", and JANE PYRYT PA VUSIK, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on April 12, 1980, in Luzerne County, Pennsylvania; WHEREAS, two (2) children were born of this marriage; Susan Pavusik, born September 7,1984 and Michael Pavusik, born January 21,1990; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (I) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, clai~sand possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valua1;>te",,": ":'"''''':':'''"<C:":'':'':::;\~ consideration, receipt of which is hereby acknowledged by each of the parties hereto!. " U , ,. e,. ('" .~I ,"0,'-"'''"' ""'" ",->Y 14. AFTER ACQUIRED PERSONAL PROPERTYIFUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 15. A l.IMONY. SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony and maintenance. 16. CUSTODY AND VISITATION HUSBAND and WIFE shall equally share physical and legal custody of the minor children on an alternating week basis. The parties shall exchange custody on Sunday evenings at 6:00 P.M. During each parent's non-custodial week, he or she shall be entitled to custody with the children one evening (for example, Wednesday). This time shall commence immediately after school and continue until 8:00 P.M., at which time the children will be returned to the parent whose scheduled week of physical custody it is. In the event that school is not in session and the respective parent is not working, this midweek visitation shall commence instead in the morning. The parties shall mutually agree on all other times or arrangements 9 ,,, , , ~ , , ,. ___llliI~~' 7 regarding custody such as for summer, vacation and holidays. 17. CHILD SUPPORT HUSBAND agrees to pay the sum of FIVE HUNDRED EIGHTY-FIVE DOLLARS ($585.00) per month as child support. He shall also be responsible for the children's parochial school tuition beginning school year 2001-2002 and continuing until Susan graduates in 2003. During this time, WIFE agrees to pay all medical costs for the children, including, but not limited to health insurance coverage. Commencing June 1, 2003 and continuing until May 31, 2004, HUSBAND's obligation for child support shall be reduced to FOUR HUNDRED EIGHTY DOLLARS ($480.00) per month. During this time, HUSBAND also shall be responsible for Michael's parochial school tuition and WIFE shall continue to pay all medical costs for the children, including, but not limited to, health insurance. Commencing June 1, 2004 and continuing until May 31, 2008, HUSBAND's obligation for child support shall be reduced to FOUR HUNDRED DOLLARS ($400.00) per month. During this time, the parties shall equally share Michael's parochial school tuition and all medical costs for Michael, including, but not limited to, health insurance. After this time, the parties' obligation for child support shall terminate. The parties agree that the terms set forth above shall only be modifiable in the event 10 ~ ,'" (Ijl!j'/jll'i't, 29. CONDITION PRECEDENT TO THE AGRF,RMENT'S EFFECTIVRNESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ;:i~4)~ WITNESS ~ //4~&- ftOSEPH MARK PAVUSIK, II ~~~~~,,":Q JANE PYRYT A VUSIK 17 - , '" '"' COMMONWEALTH OF PENNSYLVANIA ) ) 55. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JOSEPH MARK PA YUSIK, IT, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. ubscribed to before me this (p---{-J. day ~embP.G2000. M ... NaIllIlIIlll88l_ PublIc y COIIlll11SSlOn expires: BaIbaIB ~~ County _ c;,..m...lalld BorO, ..,;..-..... 15 2003 . ~ ElqlIl8$""""'- , (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF DAUPHIN Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JANE PYRYT PA YUSIK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this Id+1, day 0~~2000. (SEAL) NOTARIAL SEAL PATRICIA A. PA1TO~, No1aIY Pubfic Lower Paxton Twp., Dauph/llColInty MvCommission Expires June 20. 2002 18 >',',:'[',-, ~' " ",~,' " , '"-, "~""'-:dhh ~,~,,,,.-' ~=' ~"'!liiljhnr ~'JQlj~~""'~~'~ '" ~w. - -,~ "~ ~ ...', ~~ ~ 0- ~ (\-- ~ -- W -- VI ....c. '\J '5\ ~ ~"" . ,,~ ~" #...,-< ~:' 1:'~" \), s:>- ~ 0:; C~ :[-,~, --~ -;-"'C._ );-: S~~ '- ::.:::-~ ~ ~ -(- ~ r> '-\- " ~ " ..U^ . 1IIJi, G o f:;; -'- ,,:'''' -' " 1~ --1'-: ~'-) ~~~\, .^ ~ -'e. -j: ;;.e;-:, 'n :J'l f0 ~-'"\ "-,,- II -< , - ..- - I.'_~ ~l1l' JUN 0 g ZM3 \1 # , , JOSEPH M. PAVUSIK , II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3631 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY v. JANE P. (PAVUSIK) WINGARD, Defendant ORDER OF COURT AND NOW, this ,\)~ day of of the attached Custody Conciliation Summ follows: , 2003, upon consideration Report, it is hereby ordered and directed as 1. The parties shall participate in an independent custody evaluation. The parties shall sign ail necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. In the event that the parties choose Dr. Shienvold as an independent evaluator, the parties will share the cost of the evaluation equally. In the event that the parties choose to retain separate evaluators, each party will pay the full cost of the evaluation by their chosen evaluator. In the event that Father files a petition for primary physical custody, and does not agree to contribute to an evaluation done by an evaluator other than Dr. Shienvold, Father may choose to participate in the evaluation without an obligation to seek an independent evaluation. 2. The custody conciliation conference may be reconvened upon letter request from counsel for either party if the request is made within ten (10) days following the receipt of the custody evaluation by counsel. J. Dis!: ,;E;arbara Sump Ie-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ...-.charles Rector, Esquire, 1104 Fernwood Avenue, Suite 203, Camp Hill, PA 17011-6912 " ill " "" "' ,Co, _", " ,<~. ~>"_~~'~', , , -" !.'II!II~~ ,.......~."~... = _~_= ~~, -, """~""''' .,~. _,,,_'t<.-'<~_ CF ',., ~~;=;-C+FiCc "~,'~ :n\:JTARY 0" JIIII In v ~11i ... Pi'i 12: ~5 CU"~r^', ... ,.. , ' fViDcriu '~"!~) Gl:U[\JTY PENNSYLV/\N1A ~ ,~'!1'i@AA~~j'f!L'f;i~J;'<W!~",,~~jj;IilI'I~!003" ~"" , ~"".',",~- ,,,,,-,- ""'1.' '<'''1-''''-,<' ~ . "C - ~'l&lotiMT'~!l1-,,' - . . JOSEPH M. PAVUSIK , II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-3631 CIVIL TERM v. CIVIL ACTION - LAW JANE P. (PAVUSIK) WINGARD, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Susan Pavusik Michael Pavusik September 7, 1984 January 21, 1990 Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on May 15, 2003 in response to Mother's Petition to Modify Custody of Order filed on March 21, 2003. Present for the conference were the Father, Joseph M. Pavusik, ii, and his counsel, Barbara Sumple- Sullivan, Esquire; the Mother, Jane P. (Pavusik) Wingard, and her counsel, Charles Rector, Esquire. 3. The parties agreed to participate in an independent custody evaluation and to retain the option to return to the custody conciliation conference within ten (10) days of receipt of the report by each party's counsel. The parties did not agree to any changes in the custodial schedule pending the evaluation. Up/D3 Melissa Pe Greevy, Esquire Custody Conciliator :213927 - ~ ~. .. JOSEPH M, P A VUSIK, II Respondent/Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-3631 CIVIL TERM JANE p, (P A VUSIK) WINGARD PetitionerlDefendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR AN AGREED . ORDER OF CUSTODY /~ (kip (J.?!', Z,OfJ3 AND NOW, on this _ day of -My, 2003, the parties, by and through their respective attorneys, Charles Rector, Esquire for Petitioner/Mother and Barbara Sumple-Sullivan, Esquire for Respondent/Father, hereby stipulate and agree as follows: I. The parties shall have joint legal custody of the minor child, Michael Pavusik (DOB 1/26/90). The parties agree to share legal custody of the said minor child, The parties agree that major decisions concerning the child, including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party, Each party shall notity the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility ofthe parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions 1 ,~ "~-,i .. necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. The parties shall have joint physical custody ofthe minor child, Michael Pavusik. 3, Respondent/Father, MarkPavusik, shall have periods of custody of the child as follows: a. During the school year in alternating weeks from Thursday after school until Monday morning, except that on Thursday and Friday afternoons the minor child will first go directly to his mother's home to complete his homework assignments under her supervision. Immediately thereafter, but no later than 7:00 p.m., Mother shall assume responsibility for transporting the minor child to Father's home, b. During his non-custodial week during the school year, on Thursday evenings from after school until 8:00 p.m, except that on Thursday afternoons, the minor child will first go directly to his mother's home to complete his homework assignments under her supervision. Immediately thereafter, but no later than 7:00 p.m" Mother shall assume responsibility for transporting the minor child to Father's home. c, During the summer, on alternating weeks from Friday at 5 :00 p.m. through the following Friday at 5:00 p.m. d. During the summer on Mother's custodial week, two additional overnights as the parties can agree. Father shall not exercise these overnights on 2 " ,-' . Friday, Saturday, or Sunday unless expressly agreed to by Mother. e. At such other times during the school year as the parties may agree but no less than the following times: 1. At least one half of the child's Christmas and Spring breaks from school; 2. All teacher in service days; 3. All days preceding other scheduled days off which are not specifically designated as national holidays and subject to a specific rotation between the parties. 4. At all other times, as the parties might mutually agree. 4, Both parents shall exercise, at their option, a consecutive two-week vacation each and every summer commencing in 2003 with thirty (30) days notice provided to the other parent. Mother shall exercise her fourteen (14) days of consecutive custody from August 2, through August 16, 2003. 5, The minor child shall spend Father's Day with Father and Mother's Day with Mother each and every year. 6, Mother shall have custody of the minor child on all other periods not specifically designated for Father herein. 7, Except as specifically set for the herein, Father shall have all obligation of transporting the child for his periods of custody. 8, If a conflict arises between the standard custodial rotation set forth herein and any holiday schedule, the holiday schedule shall take precedence. 9. The whole life insurance policy insuring the minor child currently in the possession 3 ~. ,. , ..' ~ -~ .wo~ ... of Father shall be signed over and otherwise fully relinquished to Mother on or before August 1, 2003. 10. The parties agree that a Certificate of Deposit currently in Father's possession and control shall be delivered to Mother on or before July 10, 2003, which Certificate of Deposit shall be applied toward tuition costs of the emancipated child, Susan Pavusik (DOB 9/7/84). 11. This Agreement supersedes and replaces the Custody Order dated June 10, 2003. 12. Except as specifically amended herein, the parties' Marital Settlement Agreement dated December 6, 2000, shall remain in full force and effect in all respects. This paragraph is intended to also specifically confirm the obligations of child support of Father existing pursuant to said agreement despite the modification of Father's custodial time. ~.9'IJ~3 quire (g ~uO ~ \,Is\,^~.'o Jane P. Wingard Barbara Sumple-Sullivan, Esquire /~ ~~~o;~ ~.\ Q J. 4 - ,,1!J!!,,~__ _ ,~",,. '"'" ,,_,);m!I, , ,0' ~ ,F'f- ;,,", " ~,,' ~~"-> '<, '.,"" , '~ ~~, ,-~~,~, "~">-,,,,""",,"", -,~""" ~ -"~ Oc! !,JTARY " ~Hr: In '- ';, Ij: OS CUi'v'!~::: L~r'" ,,"~j C.UUNnt PCi\li\1SYLVAN"IA .. ,,' ,".," '^oc,,'7,v",,"" ' ,}",~,= " "<,, ~\~~'"..~:"!"'!':--- "'" ,'~ <, .~ -i',-,,'" ^""~"'^' C",o - "",' ~ '''~-, -, i__ 1 ',-" ~'.. , ~ " ! , " ~~ _~' H ,~-=< ,. ,':;:"." 0'." --,',," __"i<, "L..;,;~ '~, , LAW OFFICES BARBARA SUMPLE-SULLIVAN AUG 1 5 2003 ~ , . 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070~1931 PHONE (717) 774-1445 FAX (717) 774-7059 August 14,2003 Ms. TarynN. Dixon Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Joseph M. Pavusik, II v. Jane P. (Pavusik) Wingard No. 00-3631 (Custodv) / Cumberland County Dear Ms. Dixon: Enclosed please find an original and four (4) copies of a Stipulation for An Agreed Order of Custody in the above captioned matter. Please forward same to the Judge for signature and entry as an Order. I am also enclosing a self addressed stamped envelope for the return of the signed Orders. If you should have any questions, please do not hesitate to contact my office. Thank you for your assistance in this matter. Barbara Sumple-Sullivan BSS/ld Enclosures cc: Charles Rector, Esquire Mr. Joseph M. Pavusik, II - ~- -~ ' JOSEPH MARK P A VUSIK, II Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY JANE P. (pA VUSIK) WINGARD, Defendant : NO, 2000-3631 JANE P. (PAVUSIK) WINGARD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION JOSEPH M. P A VUSIK, Defendant : DOCKET NO. 00348 S 2000 : PACSES CASE NUMBER 348102236 ORDER ADOPTING AGREEMENT OF THE PARTIES AND NOW, to wit, this ~...( day of 'F~ ' 2004, upon consideration of the attached Agreement and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Joseph Mark Pavusik, II, and Charles Rector, Esquire, counsel for Jane P. (pavusik) Wingard, Defendant, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Agreement dated January 13, 2004 are adopted as an Order of Court. ['~ tA' ,,~ ~,O O~D Edward E. Guido J. i: ,I II I'~ , ' ^' :"I~~_,_-.JI'!"f~'_~' HO "--?,^,' - , , ,'~ .~, ~""" ~'-'" .- -, "~- ,,~ "-" "~,'~ ~~ Fll.B)-{)fF1C!: OF THE PROTHONOiAHY 2004 fEB -3 PM I: \8 CUM8l:~iLA!D COUNTY PE~ ~NSYLVANIA ,,", "" ,..', LL! I" "~" ,. Ilf "'" , ".~ ,,,' ,T, ,....", . " ,.. , ",-. AGREEMENT THIS AGREEMENT, made this \ o.\i'day of January, 2004, by and between Joseph M. Pavusik, II, hereinafter referred to as "FATHER" and Jane P. Wingard, hereinafter referred to as "MOTHER." WITNESSETH, that: WHEREAS, two (2) children were born to the parties; Susan Pavusik (DOB 9/7/84) and Michael Pavusik (DOB 1/26/90); WHEREAS, the parties agree that the minor child Michael Pavusik be enrolled at the Carson Long Military School in New Bloomfield, Perry County, Pennsylvania, and further agree that said enrollment shall require certain modifications of the parties' Stipulation for an Agreed Order of Custody dated August 12, 2003, (recorded at Docket Number 00-3631 Civil Term in the Court of Common Pleas of Cumberland County) and their Marital Settlement Agreement dated December 6, 2000. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, FATHERand. MOTHER, each intending to be legally bound hereby, covenant and agree as follows: 1. CARSON LONG MILITARY SCHOOL The parties hereby agree that the minor child Michael Pavusik (DOB 1/26/90) shall enroll, effective January 2004, at the Carson Long Military School located in New Bloomfield, Perry County, Pennsylvania. The parties acknowledge and agree that such matriculation is in the best interest and welfare of the minor child and further agree to "-'- L, -- . -~" '~ cooperate to the fullest extent possible with the administration of said military school to facilitate immediate enrollment. 2. TUITION The parties stipulate and agree to divide equally (on a 50/50 basis) the tuition and room and board costs for the Carson Long Military School, which annual costs total approximately $13,400.00, with the additional cost of approximately $1,000.00 for uniforms which are replaced from time to time at the discretion of the School Administrator. The parties further agree to divide equally any other enrollment or attendance costs which may arise from time to time. 3. SUPPORT The parties acknowledge and agree that FATHER has a current monthly support obligation to MOTHER pursuant to the parties' Marital Settlement Agreement dated December 6, 2000, in the amount of $480.00 per month payable to MOTHER from June 1, 2003, through May 31,2004, which agreement is currently administered through the Cumberland County Domestic Relations Office at Docket Number 348 S 2000 (PACSES No. 348102236). The parties agree to suspend said Order of Court through the Cumberland County Domestic Relations Office effective January 27,2004, with any payments received by the Domestic Relations Office andlor MOTHER after that date to \ be refunded to FATHER except that, any existing arrears due and owing as of said date shall be paid in full as soon as practicable by FATHER directly to MOTHER. The parties acknowledge and agree that said Order of Support shall not charge and no support shall be due so long as the minor child remains matriculated at the Carson Long Military School. This shall include the child's summer vacation period. In the event that a withdrawal of the minor child from said school occurs for any reasons, foreseen or unforeseen, the terms of the parties' Marital Settlement Agreement dated December 6, 2000, shall resume in their entirety as they relate to FATHER's child support obligation to MOTHER and the Support Order entered at the above-referenced matter shall be reinstated. The parties agree to divide equally the costs of health insurance coverage and other health related costs of the minor child. 4. CUSTODY The parties acknowledge and agree that so long as the minor child attends Carson Long Military School, all vacation periods from the school shall be shared equally between the parties. This shall included a shared physical custody arrangement of week on-week off custody with the child during the year when he is not in school and all other days and overnights shall be shared equally between the parties. In the event that a withdrawal of the minor child from the military school occurs for any reasons, foreseen or unforeseen, the custodial schedule set forth in Paragraph 16 of the parties' Marital Settlement Agreement dated December 6, 2000, shall be effective and the Order dated August 12, 2003, shall be void. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Charles Rector, Esquire for MOTHER, and Barbara Sumple-Sullivan, Esquire, for FATHER. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. ,'-- .' ,""". - -".",." , , 6. EFFECT OF AGREEMENT Except as specifically amended herein, the parties' Marital Settlement Agreement ~ ~ dated December 6, 2000, aRd II ,e;r &til3l:llstiBR fer SR .~FQeGl Ol'der sf CblEkllly r1"tprl ~ AI:ll'ltJ3t 12, 2663, shall remain in full force and effect in all respects. This Agreement is\ intended to amend only certain obligations of the parties relating to the minor child so long as he attends the Carson Long Military School. 0.LJW) ~ \ll":'-~~ Jane P. Wingard ,,, '^,,- ^"'"f<' {,,>" ,A, ~,,,d..''''-~-.llf ' ,-:-, - "",,,,,~^ ~ " ,', n ,~" ~-- ,,' _,~ ~ ~'d~".:.i<; , ~ ,.....,'u,;~" ;,^ '. , ,.. ,"-" .AI- , ~-" o ~~~ ~:,-) ,,,:- ::.1 " , ~;'''''., lL~' i I I "" C;;:::~ 5-:2 (I -li '-:' rilJJ ,- ';:Jfll :::;_10 ~(j 9~ (~ITl );3 :;'-J -< 5;; - f'., <.0 .,J ~":.) C-0 ~.