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HomeMy WebLinkAbout01-05085V•:" "MV, IN THE COURT OF COMMON PLEAS No. ......... 2001-5085 .................. DE CRE E IN D IVO RC E C AND NOW, .... .. 9.1 ......... 2003....... it is ordered and decreed that ......JAMES G. GAULT ........................... plaintiff, and ......MICHELLE .L; . GAULT ............................... . defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The attached Matrimonial Settlement Aereement is incorrorated ........................................................................... ... berei.n ....................... I Attest: Prothonotary J. L S JAMES G. GAULT, Plaintiff VS. MICHELLE L. GAULT, Defendant To the Prothonotary: CIVIL TERM ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) 3cW1x X:t of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: August 30, 2001, Certified Mail, Return Receipt Reaues 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff August 15, 2003 by the defendant July 31, 2003 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Herschel Lock, Attorney for Pka i:K/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 ^4 ?VV'?/ /T ?.. JAMES G. GAULT, Plaintiff VS. MICHELLE L. GAULT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE ` ORDER AND NOW, this day of 416-rT 2003, this Stipulation is hereby approved as an ORDER of the Court. The parties are directed to comply with all the terms and conditions of the Stipulation. J. `1G ? ?,? ` ? t A ? ? •'G ... v tl?l;,; '? 'i) ,. _,, „z.?,?-A ? .. JAMES G. GAULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2001-5085 MICHELLE L. GAULT, CIVIL TERM Defendant ACTION IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER BY STIPULATION AND NOW, upon submission by the parties hereto of this stipulated Qualified Domestic Relations Order (QDRO) respecting the division between the parties of the vested interest of the Plaintiff's retirement plan known as Prince Law Offices Profit Sharing Plan and Trust Agreement for the benefit of the Employees of Prince Law Offices P.C. The court enters the following orders to implement its Permanent Orders and the provisions of the parties' Marriage Settlement Agreement and as part of the Permanent Orders and Divorce Decree of dissolution of their marriage entered heretofore, it is hereby found and concluded as follows: 1. The parties hereto were husband and wife and seek this order in conjunction with a final Divorce Decree dissolving their marriage dated 2003. 2. Plaintiff James G. Gault is a participant in the Prince Law Offices Profit Sharing Plan and Trust Agreement for the benefit of the Employees of Prince Law Offices P.C. and portions of the assets in his accounts are marital property, subject to a division between the parties under Pennsylvania law. Plaintiff shall be referred to as "Participant" in this Order. Defendant, Michelle L. Gault is the former spouse of Plaintiff, pursuant to the Decree of Dissolution of Marriage, and shall be referred to as" Alternate Payee" in this Order. 3. Pursuant to the Matrimonial Settlement Agreement incorporated into the Divorce Decree in this action, it has been ordered that a portion of the Plaintiff's interest in the Prince Law Offices Profit Sharing Plan be awarded to Alternate Payee herein. 4. Participant, James G. Gault whose Social Security Number is 198-58-2031 was previously employed by Prince Law Offices, P.C. and was a participant in the Prince Law Offices Profit Sharing Plan. 5. Participant's current and last known mailing address is 503 Magaro Road, Enola, Pennsylvania 17025. G. Alternate Payee Michelle L. Gault's current and last known mailing address is 6 Marshall Drive, Apt. J-4, Camp Hill, Pennsylvania 17011. 7. Alternate Payee's Social Security Number,is 206-48-2802. 8. To accommodate and effectuate the parties' agreed upon distribution of their marital property it is hereby ordered and decreed as follows: (a) Participant's Prince Law Offices Profit Sharing Plan previously referenced is marital property. (b) That subject to the finalization of the divorce and the execution of the documents required by Prince Law Offices Profit Sharing Plan and the terms thereof, the following portion shall be awarded to the Alternate Payee as her sole and exclusive property. The Alternate Payee shall receive Fifty (50%) per cent of Participant's vest account balance. 11. All ownership and interest in the balance of the accumulations in portion of Prince Law Offices Profit Sharing Plan will belong to the Participant. (c) The parties are directed to timely submit to Prince Law offices Profit Sharing Plan all documents, including distribution forms that are required to finalize this order. 9. This Order: (a) Does not require any plan to provide any type or form of benefit, or any option, not otherwise provided under the plan; (b) Does not require the Prince Law Offices Profit Sharing Plan to provide increased benefits; and, (c) Does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. 10. It is intended that this Order will qualify as a Qualified Domestic Relations Order under the Internal Revenue Code of 1986 as amended from time to time (the "Code"), and that the provisions hereof shall be administered and interpreted in conformity with the Code. This Order shall not be a taxable event for the Respondent (participant). Alternate Payee may rollover or distribute the proceeds from this distribution, pursuant to the Plan's provision or not, at her discretion, and shall be solely responsible for the tax consequences associated with her action. 11. This court retains jurisdiction to issue further orders as needed to execute this Order and to amend this Order for purposes of establishing and maintaining its qualifications as a Qualified Domestic Relations Order under the Code and retains jurisdiction and to amend the order for purposes of making the Order consistent with the intent of the parties as set forth in the parties' Property Settlement Agreement provided that no such amendment or. the right of the Court to so amend will invalidate this order as "qualified" under the Code. So Stipulated: TICIPANT 114 Date : OQ?°???3 Alternate Payee Date: b C; - r_; c <._, - n. - J? ?' ?.? i C( -? - ? C ? ? ?; . -, U°, ?/ ?? _ _. AGREEMENT MATRIMONIAL SETTLEMENT THIS AGREEMENT, made this 8th day of August, 2003, by and between MICHELLE L. GAULT, hereinafter referred to as "Wife", and JAMES G. GAULT, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Wife and Husband were lawfully married on April 23, 1988; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for their mutual responsibilities and rights growing out.of.the marriage relationship; and WHEREAS, Wife, after being properly advised by her attorney, Herschel Lock, and Husband, after being advised to retain legal counsel but choosing not to do so, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: - 1 - 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as she or he may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if she or he were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. - 2 - 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife from any and all claims or demands made against her by reason of debts or- obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement each party waives her or his right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, its supplements and amendments. Subject to the provisions of this Agreement, each party has released, discharged, and by this Agreement does for herself or himself, and her or his heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to the Divorce Code. - 3 - 6. DIVISION OF PERSONAL PROPERTY: The parties hereto agree that Wife shall receive the first Three Thousand ($3,000) Dollars from their 2002 joint Federal Income Tax refund, less up to but not exceeding One Thousand Four Hundred ($1,400.00) Dollars, the amount deducted therefrom by a Domestic Relations Office's IRS Intercept and Husband shall receive the remaining balance thereof, if any there be. Further, the parties agree that Wife shall keep as her sole and exclusive property her Saturn automobile and that they shall divide equally any and all pensions, retirement or profit sharing plans of any sort, deferred compensation or savings presently of Husband, or in his name or to which he is or will be entitled and acquired or accumulated as of the date hereof including but not limited to those arising from his employment with Prince Law Office, P.C. or its affiliates or successors. As to these, Husband agrees to fully and in a timely fashion cooperate with the equal division thereof between him and wife, but not limited to, entering into Qualified Domestic Relations Orders and executing any other documents needed to effectuate the agreed upon division. All personal property, household furnishings, furniture and the like, as well as stocks and bonds, savings, retirement accounts or pensions of any sort, any other personalty presently in the possession of each party shall remain the sole and exclusive possession of that party. - 4 - 7. DIVISION OF REAL ESTATE: The parties acknowledge that they have heretofore sold their marital home being known and numbered as 249 Glenn Road, Camp Hill, Pennsylvania and have heretofore divided the proceeds realized therefrom in a fashion satisfactory to both of them. 8. ALIMONY: 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 settlement and satisfaction of any claims or demands that either might now or hereafter have against the other for support, maintenance or alimony. Wife and Husband, further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 9. ALIMONY PENDENTE LITE, COUNSEL FEES. AND EXPENSES: Wife and Husband acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for - 5 - alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The provisions of this Agreement dealing with alimony, alimony pendente lite, counsel fees, spousal support and the like are intended by the parties to be in full and complete satisfaction of any statutory marital rights or obligations of the parties. 10. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of her or his property in any way, and each party hereby waives and relinquishes any and all rights she or he may now have or hereafter acquire, under the present laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, unless named to do so in the Will of the other and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. - 6 - 11, SUBSEOUENT DIVORCE: A Complaint in Divorce has been filed by Husband. Wife and Husband each agree to sign contemporaneously with the execution hereof an Affidavit of Consent and Waiver of Notice of Intent to File for Divorce as well as, thereafter, any other paperwork needed to be filed to conclude their divorce action. The parties further agree that each of them shall be responsible for their own attorney's fees, if any there be. In the event such divorce is concluded, wife shall be entitled to receive a copy of the Decree In Divorce for the normal fee charged by the Prothonotary. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which shall be incorporated by reference into the Divorce Decree but, notwithstanding such incorporation, this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 12. CUSTODY: See Paragraph 12: CUSTODY at page 13. ? c ? ? ? 4 4 4 ? L ? c 1 x ?Y x k ? x ?? x ' x f? ? § t -? # ??x ?DXxX7?k9?C?C?C]t??S4R???X4?C7?f'X:S?.?$X7?1Xn 1?CX3QC?4D€}DXXK?Xx??x?{?{7?:4K-?1€-Xf?' ?xxX?Cx?c??x?X?R?cflc1?'X?Y€??d- *x=uftxndxAkmbwxkxxftwmar wmfm APAAimikh imt'Xfgw?, - 7 - 13. SUPPORT: See Paragraph 13:SUPPORT at page 14. ? 00 lfgL C?X?X7?4X???4X?X,X??X??BPeC ?(}?CX#4C???{?C??3Ch??X?XX1?X?CXXXX ?X k7?XX}f7?C???ClI??4??YXX?C)9C??f?f ? 7?RdCX X?X?X?CX?4$kC7???X X??????'??X?{X?#3iX?{?ff7?X}XXXX xx??xc?;?c x?XX1xx?.xxx?k?xxxtx?¢?;?x j[xMdx99xx%zKYAiR9DWM )=W xmxxbEkwdxlW)iK*MUPi XXXxx XX RK$€YZExt%gnxamxgm5xgxKa xl xxX 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at her or his option, remedies or relief as may be available to her or him, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. - 8 - 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be required to give full force and effect to the provisions of this Agreement. { A- 16. TAX RAMIFICATIONS:See paragraph 16:TAX RAMIFICATIONS at XXKXXXS&rxXRM.XFX XX page.15. MOEXLNxxxiiVxx X=NNJi ixxxilXkkisxxkgxxxmx-Rkx)aikkxkk(xxxxx xx§lxxxxa Ndi,xzxmdxR]aixkliTzxk-qxxnkkkkkvxdlltlvmxxlmixxmxxii xxxx loxffilomxx)cxxxxaelxloxxk-tm NXmmdxxknxmxrkxdiki simxxxxxxxxx mxx?xc?xxxa?x? xxa xx??3 xxxx x XW2XXXXXWxx9XXNXXXKXXxxx ?xxx?ix?x?kx??x1?I¢?xxxx?xffissx?xx?xzt?xixi?xxixxix?x?xx C1 8x8?€?ta a m?x7?3?rxx x x i 7E$""XBXX XWKYXKXUXgXX XXXIC K KaxxokxyLm XXXXXXXxWJM74gblbaxxmxxxxk*xlxlopmxxyxxxxxxx xxPX&1?xxiN?xxiSd?xX?$gxXtx7Ebixi?xx131¢x?FMgXXxx WX xXN14X$11XXXMX XX="MIXNNMMX*Xrjo xyLX1?1?x:6161KNXNINICxxx x1fUUXXWx x?t xmiFx x lox]Dxx z]cxlavxxkioxxxxxxx ???x?xxxxxx??xxxaaxxxxxxxxx?xxxxxia?rxxx?xxxx ?s x?€??x???xx?xxxxxxxxxxxxxxx?sxxxffixxxxxxxxx ??x?xi?[?xq?cx,?xxx?x?x,}?.xxxxxx?xx?x?xxx3sxxxxXxxx X{x - 9 - 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 18. NNTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants. or understandings other than those expressly set forth herein. wife.and Husband acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property or - 10 - for alimony, alimony pendente lite, counsel fees or costs by'any ' court of competent jurisdiction pursuant to the Divorce Code or any other laws. Wife and Husband each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 20. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21. APPLICABLE LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. 22. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or - 11 - invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and operation. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 24. MODIFICATION AND WAIVER: A 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. ?xNxaazxn€x??x??????x??x?txx3c?xxx?g?xzxxx?xl??t?x?xxA mxxuxl§xzxxx x xxxilixymxxxkixmkxfikgxmxNxikkk €x J(CI Ir ` O" XX= $$xX XXXXXXXXXXXXXXVXXXYVVVVVVVVVXXXXXXXXX jjXXXXXXXXXX - XX XXXXXXXX X X - 12 - 12. CUSTODY: Wife and Husband acknowledge that there is presently an Order of Court regarding the custody of their minor children, Madalynn Janell Gault and Jesse Carl Gault (Cumberland County No. 01-5085). The parties agree that they shall continue to share joint legal custody. As for physical custody of the children, the parties hereby agree that (a) Wife shall remain the primary physical custodian of Jesse and that Jesse shall be allowed to relocate with Wife to California, and (b) Husband shall become the primary physical custodian of Madalynn and that Madalynn shall continue to reside with Husband in Pennsylvania. The parties fiuther agree to allow each other reasonable and regular contact with the child not in their custody. Wife agrees that she shall bear initial annual travel expenses associated with any trips transporting Jesse to and from Pennsylvania and/or transporting -J G? Madalynn to and from California to an annual cap of One Thousand b Eight Hundred ($1,800.00) Dollars after which time Husband shall t cost of the children's transportation. As for any transportation expenses incurred by either parent to travel to California from Pennsylvania, or from California to Pennsylvania, while seeking said reasonable and regular contact with the child not in their custody, said parent shall bear their own individual travel expenses and each parent shall not seek any funds from'the other parent to meet their own individual travel expenses for said interstate trips. Wife and Husband agree that said interstate trips to and from California and Pennsylvania shall not involve taking the children on interstate trips via automobiles/motor vehicles: it is the intent of the parties to utilize air, train, bus, or safer mode of travel to transport the children for interstate travel. As for partial physical custody of the children, the parties hereby agree that Wife and Husband shall share the children for equal periods of time during both summer school vacations (encompassing at least June 10 through August 29, i.e., 80 days divided into two periods of 40 days each) and shall likewise share the children for a similar equal division of days attendant to Christmas Holiday school vacations. In recognition of the need to maximize time shared by siblings, the parties agree that the children shall remain together and under the same roof with either of said parent during said periods of partial physical custody. Furthermore, Wife and Husband agree to alternate custody of both children on Christmas Eve and on Christmas Day, said custody dates to be alternated in Pennsylvania. -13- 13. SUPPORT: As part of this Agreement, the parties acknowledge that there is presently a child support order in force against Husband (Cumberland County, Domestic Relations Case No. 33-02 and PASCES No. 611104165). Given the aforesaid custodial arrangement, the parties hereby agree that each parent shall be solely responsible for support of the child in their primary physical custody upon Wife's relocation to California on or about August 25, 2003. To wit, Wife shall support Jesse thereafter and Husband shall support Madalynn thereafter. Neither parent shall seek any support from the other parent for the child in their custody. With respect to any child support that remains due and owing from Husband to Wife under the aforesaid support order or modifications thereof, said sums (including any and all arrearages) shall remain payable to Wife, and Husband shall remain responsible for any such due and owing child support sums (including any and all arrearages). - 14- 16. TAX RAMIFICATIONS: The parties have negotiated this Agreement with the understanding and intention to equitably divide their marital property. The parties have determined such division conforms to all rights and just standards with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute or any way a sale or exchange of assets. It is understood that the property transfer described in this Agreement falls within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. The parties acknowledge that the distribution of Husband's Profit Sharing Plan funds shall create an income tax assessment against said distribution of funds. The parties further agree that each party's equitable share of said Profit Sharing Plan distribution of funds shall be reduced by an equal 50% amount representing one-half of any income tax assessment. Additionally, it is agreed that the parties shall equally divide any future child tax exemptions or child tax credits. In accordance with the parties' child custody agreement as described herein, the parties agree that Husband shall be entitled to claim Madalynn J. Gault on any and all future tax returns that he may file while their daughter remains in his primary physical custody and that Wife shall be entitled to claim Jesse C. Gault on any and all future tax returns that she may file while their son remains in her primary physical custody. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: nn ?? 'J o? MICR LLE L. GAUL ES G. GAULT -15- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF On this, the 2003, before me, a Notary Public, day of Auq Ug1 the undersigned officer, personally appeared MICHELLE L. GAULT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public NOTAR4IL BEAL BOROUGH H A. UES' NOTARY PUBLIC ND CO,. PA MY COMMIBBIO NEXPRESBMAY 2 E AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF PAUPH-IN- du#W4fe4,W (P ) On this, the g' SS: day of . 4&-aS7- , 2003, before me, a Notary Public, the undersigned officer, personally appeared JAMES G. GAULT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Z4W"e?41 otary P is Notarial Seal Robert J. Mulderig, Notary Public Carlisle Boro, Cumbedand County My Commission Expires Nov. 13, 2004 F:\Ustt Folder\Fim Docs\Gnndom2W 1@395-ldivcomplain[.I.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff V. CIVIL ACTION - LAW NO. 2001- S'OPU' MICHELLE L. GAULT, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff V. MICHELLE L. GAULT, Defendant CIVIL ACTION - LAW n ?-y-- NO. 2001- MRS, ? tOtt IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, James G. Gault, by and through his attorneys, Richard L. Webber, Jr., and the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: COUNTI GROUNDS FOR DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is James G. Gault, who currently resides at 249 Glenn Road, Camp Hill, Cumberland County, Pennsylvania 17011, since December 1998. 2. Defendant is Michelle L. Gault, who currently resides at 249 Glenn Road, Camp Hill, Cumberland County, Pennsylvania 17011, since December 1998. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on April 23, 1988 in Camp Hill, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. 8. Plaintiff requests that the Court enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. COUNT II GROUNDS FOR DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. 11. Plaintiff requests that the Court enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant, and any other appropriate relief. COUNT III - GROUNDS FOR DIVORCE UNDER SECTION 3301(a)(2) 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto 13. Defendant has committed adultery. 14. Plaintiff requests that the Court enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant, and any other appropriate relief. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT By: /1". Richard L. Webber, Jr., Esquire Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 0817- 110, es G. Gault -P F", c C n? V cv. C- 171r=, r . CD t ?o n 7 41 -,7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff CIVIL ACTION - LAW V. NO. 2001-5085 MICHELLE L. GAULT, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Terry E. Walker, being duly sworn according to law, deposes and says that she mailed the Complaint in Divorce in this matter by United States Mail, certified mail, return receipt requested, addressee only, to the Defendant, Michelle L. Gault on August 30, 2001. The return receipt signed by the Defendant is evidence of delivery to Defendant and is attached hereto as Exhibit "A". Terry E. alker 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Sworn to and subscribed before me this l lEnv day of S?eo? 2001. N tary Public F:\User Fofder\Fimi Docs\Gendocs200]U395-ioffse .l wpd Notarial Seal Carlisle oro Ou bedand C ifonty - MyCommission Expires Aug.18, 2003 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff V. N41CHELLE L. GAULT, Defendant CIVIL ACTION - LAW NO. 2001-5085 IN DIVORCE lwm r::l Iti U, bnp uy? Fn. atagaL _ 44 ? s ?;;ti.yrveb rea `~'_I.i 11 ? .. .-.. ___. rG Retnm Hacent Fee !Endorsement Required) ( , , 1•i a-'? " Cl ra Restncled ueivery FeN tEndarsenient Hequiredj ?e.J._EU -? C rata- Pasta9e a Fees NaT ,(! 9a P't CIa3?v1 Ro be -moet& " I1` Fla nU Brix No Street Act. ! 3 Shr . LIY f i r C t1 - r 1 o ON ¦ GoMpleti4k8mb1,a2,rah9 YAfa plete item 4 if Re r{oyk.? D V r i ed, ¦ Print your nij rra- ? a ravers, so that we can return the card to you. - ¦ Attach this card to the back of the mailpiece, or on the front if space perrnlts. I A .,..- ,m-.f--.-._-._ ............. .__........ Article Addressed to: PA J1,01/1 A. Received by -'Plea n JJ{j¢??rly)„ B. Wte of 6pel 4 r Y? l"r? gra , _-.. -.tt__.....? G. Si9nature ?.-.-...??..-. X I t fftf 1. t14iu T; - ?Addlm D. Is delivery address different trom item 17 0 Yes If YES, enter delivery address below 0 No 30 2001 13. Serac$$ type Irtifled Mail C] Express Mail El Registered ? Return Receipt for Merchandise _ 0 Insured Marl L] G.O.D. '-?'`--- 4 - RestrictedDeliverR (Extra Fee) E7?eg 1. Article Number (Copy from service label) n- P6 Form 3511, -July 1999 Domestic Retum Receipt 102595.00-M-0952 . .- e. ? ?';, ?- `_ ? :? q ?I (,? `i7 ? ?_ _?. (,?{?} C? ? T-n ? {? r ' ? ? ?? - , J ? ? E JAMES G. GAULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-5085 MICHELLE L. GAULT, CIVIL TERM Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, JAMES G. GAULT, who, being duly sworn according to law deposes and says that: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 30, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint- 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Section 4904 relating to unsworn falsification to authorities. Date: Sworn to and subscribed before me his /5i day of 20 Notary Public NorgRwl. SEAL TRISHAA LIESS, NOTARY PUBLIC 80R000FI OF CARLISLE, CUMBERLAND Co., PA MY COMMISSION EXPIRES MAY 20, 2008 „?? a ?-/? JAMES G. GAULT, Plaintiff vs. MICHELLE L. GAULT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE WAIVER OF NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE 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. Section 4904 related to unsworn falsification to authorities. DATED: ?g Op?°3 . GAULT *!! fT :i L S ?afY JAMES G. GAULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2001-5085 MICHELLE L. GAULT, CIVIL TERM Defendant ACTION IN DIVORCE AFFIDAVIT I, JAMES G. GAULT, being duly sworn according to law, deposes and says: 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 participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the 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. Sec. 4909 relating to unsworn falsification to authorities. IES G. GAULT r.-n -; ?_ ?ti , ' ??; .., ? ,, ' ?,:; ?-? ?- _ Oy .?. S' ?__?.. N. ._ _--ii - _" yl C%"? i??G ? .- r7a..aws'?a?tner^e?a 3°ps?rsr?«* ,. : , ??, . ?,:,.:' .?i. .. ?-r ¢ '?. @?.+xr ¢ zv ,<. r,{.r .T+S,-vilii? , JAMES G. GAULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2001-5085 MICHELLE L. GAULT, CIVIL TERM Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, MICHELLE L. GAULT, who, being duly sworn according to law deposes and says that: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on {V,c3D?AV? 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Section 4904 relating to unsworn falsification to authorities. Date : j`l 3i 03 ggu i a'Q- MICHE LE L. GAUL Sworn to and sub cribed before m this j f day of 2003. cbeek Notary Public G'ON?I ?L ?FlIFM1E$TOgf?j?y P?bIC ? ?: ,?? ?? _ _? , . :, ? ?, - -- ?,;;: ?? - <- ?r ` -- -` ?? ?. ? ? -. ?i'1 < ?6? - > y'-,; s„ ? _ _ ?. ?w1R,s an ,-e.m?a-rs? Y _. _ ,v.., m.?an t.., cr+{te.?a??i. ?>. JAMES G. GAULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2001-5085 MICHELLE L. GAULT, CIVIL TERM Defendant ACTION IN DIVORCE WAIVER OF NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE 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. Section 4904 related to unsworn falsification to authorities. DATED: 03 MICHE LE L. GAUL Cs i ?C JAMES G. GAULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-5085 MICHELLE L. GAULT, CIVIL TERM Defendant ACTION IN DIVORCE AFFIDAVIT I, MICHELLE L. GAULT, being duly sworn according to law, deposes and says: 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 participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the 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. Sec. 4909 relating to unsworn falsification to authorities. ?? , ?? MICHEL E L. GAULT LS - 01 MATRIMONIAL. SETTLEMENT AGREEMENT THIS AGREEMENT, made this 8th day of August, 2003, by and between MICHELLE L. GAULT, hereinafter referred to as "Wife", and JAMES G. GAULT, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Wife and Husband were lawfully married on April 23, 1988; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for their mutual responsibilities and rights growing out.of.the marriage relationship; and WHEREAS, Wife, after being properly advised by her attorney, Herschel Lock, and Husband, after being advised to retain legal counsel but choosing not to do so, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: - 1 - 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as she or he may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if she or he were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. - 2 - ,w ,. ?f= m,-.rte 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement each party waives her or his right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, its supplements and amendments. Subject to the provisions of this Agreement, each party has released, discharged, and by this Agreement does for herself or himself, and her or his heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to the Divorce Code. - 3 - 6. DIVISION OF PERSONAL PROPERTY: The parties hereto agree that Wife shall receive the first Three Thousand ($3,000) Dollars from their 2002 joint Federal Income Tax refund, less up to but not exceeding One Thousand Four Hundred ($1,400.00) Dollars, the amount deducted therefrom by a Domestic Relations Office's IRS Intercept and Husband shall receive the remaining balance thereof, if any there be. Further, the parties agree that Wife shall keep as her sole and exclusive property her Saturn automobile and that they shall divide equally any and all pensions, retirement or profit sharing plans of any sort, deferred compensation or savings presently of Husband, or in his name or to which he is or will be entitled and acquired or accumulated as of the date hereof including but not limited to those arising from his employment with Prince Law Office, P.C. or its affiliates or successors. As to these, Husband agrees to fully and in a timely fashion cooperate with the equal division thereof between him and Wife, but not limited to, entering into Qualified Domestic Relations Orders and executing any other documents needed to effectuate the agreed upon division. All personal property, household furnishings, furniture and the like, as well as stocks and bonds, savings, retirement accounts or pensions of any sort, any other personalty presently in the possession of each party shall remain the sole and exclusive possession of that party. - 4 - 7. DIVISION OF REAL ESTATE: The parties acknowledge that they have heretofore sold their marital home being known and numbered as 249 Glenn Road, Camp Hill, Pennsylvania and have heretofore divided the proceeds realized therefrom in a fashion satisfactory to both of them. 8. ALIMONY: 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 settlement and satisfaction of any claims or demands that either might now or hereafter have against the other for support, maintenance or alimony. Wife and Husband, further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 9. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Wife and Husband acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for - 5 - ,ter alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The provisions of this Agreement dealing with alimony, alimony pendente lite, counsel fees, spousal support and the like are intended by the parties to be in full and complete satisfaction of any statutory marital rights or obligations of the parties. 10. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of her or his property in any way, and each party hereby waives and relinquishes any and all rights she or he may now have or hereafter acquire, under the present laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, unless named to do so in the Will of the other and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. - 6 - 11. SUBSEQUENT DIVORCE: A Complaint in Divorce has been filed by Husband. Wife and Husband each agree to sign contemporaneously with the execution hereof an Affidavit of Consent and Waiver of Notice of Intent to File for Divorce as well as, thereafter, any other paperwork needed to be filed to conclude their divorce action. The parties further agree that each of them shall be responsible for their own attorney's fees, if any there be. In the event such divorce is concluded, Wife shall be entitled to receive a copy of the Decree In Divorce for the normal fee charged by the Prothonotary. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement which shall be incorporated by reference into the Divorce Decree but, notwithstanding such incorporation, this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 12. CUSTODY: See Paragraph 12: CUSTODY at page 13. - 7 - ?xxxxx?x x?-x?t?sr`x???x?1???cxx ???????x7?xx?xxx?lc?l.xxxxxxxxxx XX] C X 13. SUPPORT: See Paragraph 13:SUPPORT at page 14. xxn mgfyNx(xgxt3ig fxXzytygmxlx)md xx XXX 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at her or his option, remedies or relief as may be available to her or him, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. - 8 - 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be required to give full force and effect to the provisions of this Agreement. j 16. TAX RAMIFICATIONS:See paragraph 16:TAX RAMIFICATIONS at ?t ?, drol"i XX9XXx=XRXNX1fX 1DXX page 15. xxlxe[xpxxxixicx axxxixgmk$xkmgtxkkixxkgxxx»mx#xwikkxbck(xxxxx .Pxiolomxxyxxxxxgxloxxk-tg)EXI§NN?4xxx$xE)axd%xzxzmxxxxxxxxx NNMNXMxxxoixxXXxxs xx ?x xxxxgxxaxxxg.xkxxxi3xxsxxmxx;xolxxxxx ?x??xx?kx?xx;?x??x?x?xxx?xxx8x??xxxxx?xxs?x?nxxaxxtx)?X??t?gcx ??1a?xxXxx??t?xla?xX,?x?xxxxi??Ix?x?x?xxx?xx,?€?xxxx?cx?xx R)Mkxxzxxp*XX XMxx XXXX XXNXN XNUXXMXPXNPNXKIXXXXxxx xx?x?;?Xxx?Xxxx?????-?x?:?x??xXxsax?xXX?tXxX?x?,Xr??xxxxx ?xXX?xxxxxXxx?x?xX?x?x?XxX?€xx?.?????x???c?xxx &=X-XXVxxXXXXXXXxXIa Xx%=)DXXxM:?x XxIDXx"xxXXPIDMX J03EXxxxxxx X x x?;x x xxx??a?ax?°xx,mm 3tiz_xxXXxIMxx]Sx xblsxxxdxxxx ?X??x???xXx,?t?Xxx,?cXXx,Xx?x?XX?cXX,xX?xxxx?xxxx X?16?X1:?Si??x ?5??[X?xrX???x??,?K x55?i?X'XX?x?r?xx?XB?N%XXX 4RX - 9 - 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each. party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested,by each of them or by their respective counsel. 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or understandings other than those expressly set forth herein. Wife.ancl Husband acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property or - 10 - for alimony, alimony pendente lite, counsel fees or costs by'any court of competent jurisdiction pursuant to the Divorce Code or any other laws. Wife and Husband each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 20. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto. that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21. APPLICABLE LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. 22. VOID CLAUSES: .If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or - 11 - invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and operation. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 24. MODIFICATION AND WAIVER: A 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. XXNXXI=3XX AXXXXXXXXYXXXYYVVVVVVVVVVVVXXXXXXXXXX XX XXXXXXXXX i X X - 12 - 12. CUSTODY: Wife and Husband acknowledge that there is presently an Order of Court regarding the custody of their minor children, Madalynn Janell Gault and Jesse Carl Gault (Cumberland County No. 01-5085). The parties agree that they shall continue to share joint legal custody. As for physical custody of the children, the parties hereby agree that (a) Wife shall remain the primary physical custodian of Jesse and that Jesse shall be allowed to relocate with Wife to California, and (b) Husband shall become the primary physical custodian of Madalynn and that Madalynn shall continue to reside with Husband in Pennsylvania. The parties further agree to allow each other reasonable and regular contact with the child not in their custody. Wife agrees that she shall bear initial annual travel expenses associated with any trips transporting Jesse to and from Pennsylvania and/or transporting Madalynn to and from California to an annual cap of One Thousand Eight Hundred ($1,800.00) Dollars after which time Husband shall cost of the children's transportation. As for any transportation expenses incurred by either parent to travel to California from Pennsylvania, or from California to Pennsylvania, while seeking said reasonable and regular contact with the child not in their custody, said parent shall bear their own individual travel expenses and each parent shall not seek any funds from the other parent to meet their own individual travel expenses for said interstate trips. Wife and Husband agree that said interstate trips to and from California and Pennsylvania shall not involve taking the children on interstate trips via automobiles/motor vehicles: it is the intent of the parties to utilize air, train, bus, or safer mode of travel to transport the children for interstate travel. As for partial physical custody of the children, the parties hereby agree that Wife and Husband shall share the children for equal periods of time during both summer school vacations (encompassing at least June 10 through August 29, i.e., 80 days divided into two periods of 40 days each) and shall likewise share the children for a similar equal division of days attendant to Christmas Holiday school vacations. In recognition of the need to maximize time shared by siblings, the parties agree that the children shall remain together and under the same roof with either of said parent during said periods of partial physical custody. Furthermore, Wife and Husband agree to alternate custody of both children on Christmas Eve and on Christmas Day, said custody dates to be alternated in Pennsylvania. -13- z 13. SUPPORT: As part of this Agreement, the parties acknowledge that there is presently a child support order in force against Husband (Cumberland County, Domestic Relations Case No. 33-02 and PASCES No. 611104165). Given the aforesaid custodial arrangement, the parties hereby agree that each parent shall be solely responsible for support of the child in their primary physical custody upon Wife's relocation to California on or about August 25, 2003. To wit, Wife shall support Jesse thereafter and Husband shall support Madalynn thereafter. Neither parent shall seek any support from the other parent for the child in their custody. With respect to any child support that remains due and owing from Husband to Wife under the aforesaid support order or modifications thereof, said sums (including any and all arrearages) shall remain payable to Wife, and Husband shall remain responsible for any such due and owing child support sums (including any and all arrearages). - 14- 16. TAX RAMIFICATIONS: The parties have negotiated this Agreement with the understanding and intention to equitably divide their marital property. The parties have determined such division conforms to all rights and just standards with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute or any way a sale or exchange of assets. It is understood that the property transfer described in this Agreement falls within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. The parties acknowledge that the distribution of Husband's Profit Sharing Plan funds shall create an income tax assessment against said distribution of funds. The parties further agree that each party's equitable share of said Profit Sharing Plan distribution of funds shall be reduced by an equal 50% amount representing one-half of any income tax assessment. Additionally, it is agreed that the parties shall equally divide any future child tax exemptions or child tax credits. In accordance with the parties' child custody agreement as described herein, the parties agree that Husband shall be entitled to claim Madalynn J. Gault on any and all future tax returns that he may file while their daughter remains in his primary physical custody and that Wife shall be entitled to claim Jesse C. Gault on any and all future tax returns that she may file while their son remains in her primary physical custody. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: h l a MICHELLE L. GAULT ,# ES G. GAULT -15- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF HH-I# ) On this, the $ 2003, before me, a Notary Public, day of gLlG U>' the undersigned officer, personally appeared MICHELLE L. GAULT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. 4. c?C- Notary Public AL amEo ARY PUBLIC BERLA ND CO., PA S MAY 20, 2068 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF DAUPHIN a!b;.'r J?r': ) On this, the SS: day of 2003, before me, a Notary Public, the undersigned officer, personally appeared JAMES G. GAULT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. l j otary Public Notarial Seal Robert J. Muiderig, Notary Public Carlisle Boro, Cumberland County My Commission Expires Nov. 13, 2G04 JAMES G. GAULT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 2001-5085 MICHELLE L. GAULT, CIVIL TERM Defendant ACTION IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Plaintiff's Social Security #198-58-2031 Defendant's Social Security #206-48-2802 8-13-03 "0,),( DATED: HERSCHEL LOCK, ESQUIRE Attorney for Plaintiff 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 Supreme Court No. 22691 JAMES G. GAULT, Plaintiff VS. MICHELLE L. GAULT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5085 CIVIL TERM ACTION IN DIVORCE PRAECIPE TO WITHDRAW COUNTS Please withdraw Counts II and III of Plaintiff's Complaint in Divorce. DATED: ?3! ?3 E G. GAULT, laintiff C? ?. ?.. ! -ir ___ ?,? y't. _ i lZ t_?: ?v?..r . -'cski`e'f A A.c < . mo"d" (t r. ts? t. it .. .. ^ig3&RS'!F,4M1?iflh?,'-N!?d'lP. .. ?_ is '?E??.$ .;3 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff CIVIL ACTION - LAW v NO. 2001-5085 MICHELLE L. GAULT, CUSTODY Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS Dawn M. Shoop, being duly sworn according to law, deposes and says that on February 2, 2002, a true copy of an Order of Court and a Complaint for Custody were served upon the Defendant, Michelle L. Gault. Manner of service: by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Michelle L. Gault Marshall Square Apartments Marshall Drive - Apt. J-4 Camp Hill, PA 17011 Sworn to and subs ribed before me this g day of rU a u1U , 2002. n / -' •`.Q,'-, zC"_ Notarial Seal Patricia L. Tome, Notary Public Shippensburg BOro, Cumberland County, -- My Commisswn Expires June 7, 2004 '^WEi6LE-VERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 r 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff CIVIL ACTION - LAW V NO. 2001-5085 MICHELLE L. GAULT, CUSTODY Defendant Ln ,q AIFH1 P 170 1 L. N Postage $ rv"04g O 1t Certified Fee M Return Rece ipt e (Endorsemnt Required) „ In O Restricted Delivery Fee Cn 1 ? (Endorsement Required) @ $7, 7 Toter Postage BFees rit, .p--'; in u9 Sent To a Michelle L. Gault o st?ra"r.Ne.;orboea"-Marshall Square Apts. Drive--- --1})-- C3 Marshall-- CttY, State. IPA 4-------------------- amt Hill, PA 17011 1 RLLUI 0 .6entolate items 1, 2, and 3. Also complete iRem 4 if Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. ¦ Aatach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Michelle L. Gault Marshall Square Apartments Marshall Drive - Apt. J-4 Camp Hill, PA 17011 A. Received by (Please Print C. Signat re r X Agent \ \ U.CC?1% LJ Addr@ss D. Is deliver/address different from Rem 1? ? Yes If YES, enter delivery address below: ? No 3- Service Type IN Certified Mail ? Express Mail ? Registered },Return Receipt for Merchandi. ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) IN Yas - .P 1-ryN1_it .. •?i'vv,7 J vot-(O/,D KI- i3 Dorm 3811, July 1999 Domestic Return Receipt 102595-004R WEIGLE, PERKINS & ASSOCIATES - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 aPF ,' ? ? ? u' +i.. 41 " ' ? . ___i. 9 -` : ?{°. L; ? _ -????` ?J ??? '' ?- •- -? ?_ Y_- ?? Cli a I JAMES G. GAULT IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 01-5085 CIVIL ACTION LAW MICHELLE L. GAULT DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 25, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 08, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy Esa. 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 t s no i .u ?d r3? i°bi 4tJ I :n P ___ __ _ __ _ WMV?3Wp 'At?.k; ? 'C' ^:bIT: y'UII=?"e? S%. `i?FOl s9'?' Fni}sl #P3TIR,F?9&?P:Bi -. _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff CIVIL ACTION - LAW V NO. 2001-5085 MICHELLE L. GAULT, CUSTODY Defendant ORDER OF COURT AND NOW, this day of , 2002, 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 , 2002, at o'clock M., for a Pre-Hearing 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 in to a temporary order. All children 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. BY THE COURT, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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 hearing. 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 Telephone Number 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES G. GAULT, Plaintiff CIVIL ACTION - LAW v NO. 2001-5085 MICHELLE L. GAULT, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is James G. Gault, presently residing at 249 Glenn Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Michelle L. Gault, presently residing at Marshall Court Apartments, Marshall Drive, Apartment J-4, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE Madalynn Janell Gault 249 Glenn Road 10 years Camp Hill, PA 17011 DOB 7/22/91 and Marshall Drive, Apt J-4 Camp Hill, PA 17011 Jesse Carl Gault 249 Glenn Road 3 years Camp Hill, PA 17011 DOB 4/24/98 and Marshall Drive, Apt J-4 Camp Hill, PA 17011 The children were not born out of wedlock. The children are presently in the custody of Plaintiff and Defendant, who reside at the addresses set forth in Paragraphs 1 and 2 above. Plaintiff and Defendant share custody. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS DATE James G. Gault 249 Glenn Road October 2001 to Camp Hill, PA 17011 Present Michelle L. Gault Marshall Drive, Apt. J-4 October 2001 to Camp Hill, PA 17011 Present t l? 4. 5 6. 7 8. James G. Gault & Michelle L. Gault James G. Gault & Michelle L. Gault 249 Glenn Road Camp Hill, PA 17011 125 South View Drive Fleetwood, PA November 1998 to October 2001 November 1996 to November 1998 The mother of the children is Michelle L. Gault, currently residing at Marshall Court Apartments, Marshall Drive, Apartment J-4, Camp Hill, Pennsylvania 17011. She is married to the Plaintiff but separated. The father of the children is James G. Gault, currently residing at 249 Glenn Road, Camp Hill, Pennsylvania 17011. He is married to Defendant but separated. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Madalynn Janell Gault Daughter Jessee Carl Gault Son The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Madalynn Janell Gault Daughter Jessee Carl Gault Son 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 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. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is better able to care for the needs of the children. 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, Plaintiff requests the Court to grant primary physical custody of the minor children to the Plaintiff, subject to reasonable partial custody for Defendant. WEIGLE, PERKINS & ASSOCIATES By: -7'J -.-(. ?i,? Richard L. Webber, Jr., EsCuuire Attorney for Plaintiff I.D.#49634 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 RMCAITON I w m tbt Casa Int. far 043 understand khat faire statements heeeBl ? made subject To and Wnea i dc penalfies UnWoln fsisif coon W anthOritieS. of $ & $ $04> aeiating Dated: O l l O 10-00 2- s f l a l RE@,5 i£ L.$gOCWTES a oRT79RPtEVS A; ?.AW - i2A I=3.SS XWG x-65' - $f71PPEttl50t}RG, 9A iT2fiS-i?gS y._ 71, ? C MAY 21 2002 -) JAMES G. GAULT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELLE L. GAULT, NO.01- 5085 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this R kay of May, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James G. Gault, and the Mother, Michelle L. Gault, shall enjoy shared legal custody of Madalynn J. Gault, born July 22, 1991; and Jesse C. Gault, born April 24, 1998. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. Alternating weekends from Saturday at 10:00 a.m. until Monday morning when the Father shall deliver the children to school or day care, as appropriate. B. On every Tuesday and Thursday from 3:00 p.m. until 8:00 a.m. the following morning when Father shall deliver the children to school or daycare, as appropriate. C. For a period of one week in the summer upon Father giving mother sixty (60) days notice and with the understanding that the one week will be exercised in conjunction with one of Father's weekends. D. At such other times as agreed upon by the parties. 4. Mother shall always have custody of the minor children on Mother's Day and Father shall always have custody on Father's Day. This provision shall supercede any other custody schedule. 5. Holiday schedule shall be handled as follows: A. Easter Sunday, Memorial Day, July r, Labor Day, Halloween, and Thanksgiving shall be alternated between the parties. The timeframe shall be 9:00 a.m. until 7:00 p.m. unless agreed otherwise between the parties, except for Halloween which shall be in the evening from 5:30 p.m. until 8:30 p.m. The Father shall have Memorial Day 2002 with the parties alternating these holidays thereafter. B. For Christmas and absent an agreement by the parties to the contrary, the parties shall alternate Christmas from Christmas Eve at Noon until Christmas Day at Noon and Christmas Day at Noon until December 2& at Noon. For 2002, Father shall enjoy the first segment of the Christmas holiday. 6. Both parties shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 7. This Agreement on physical custody is entered with the understanding that Father's time in the summer is limited to only one week except for the other standard schedule. In the event the parties desire to modify this Order, the parties may petition to have the case again scheduled with the custody conciliator for a modification and at that time the parties may assert any position with respect to the extent of Father's overnight custody during the week. J. *.Guido cc: /ftichard L. Webber, Jr., Esquire Herschel Lock, Esquire flames W. Gault, Esquire 7 249 Glenn Road LLL???? Camp Hill, PA 17011 i?e 3hQ.l I-A i ??? I ?l 1 1 JAMES G. GAULT, Plaintiff v MICHELLE L. GAULT, Defendant Prior Judge: Edward E. Guido : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5085 CIVIL IN CUSTODY 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Madalynn J. Gault, born July 22, 1991; and Jesse C. Gault, born April 24, 1998. 2. A Conciliation Conference was held on May 17, 2002, with the following individuals in attendance: The Father, James G. Gault, who appeared without counsel; and the Mother, Michelle L. Gault, with her counsel, Herschel Lock, Esquire. 3. The parties agree to the entry of an order in the form as attached. S? t-7 64 DATE Hubert X. Custody C JAMES G. GAULT, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELLE L. HOLOBETZ, NO. 01- 5085 CIVIL Respondent IN CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The petition of James G. Gault respectfully represents that on May 22, 2002 an Order of Court was entered for PARTIAL CUSTODY (a true and correct copy of same is attached hereto). Thereafter, Petitioner and Respondent (formerly Michelle L. Gault) consensually' and mutually modified the custody of the children in Article 12 of a matrimonial Settlement Agreement entered into on August 8, 2003, which was incorporated, but not merged, into a Decree in Divorce ordered by this Court on August 28, 2003 (a true and con ect copy of same is attached hereto). 2. This Order should be modified because: This Court's Order of May 22, 2002 followed prior custody conciliation proceedings conducted by Hubert X. Gilroy, Esquire who submitted a proposed Order in conjunction with C.C.R.P.' 1915.3-8. This Court's Order of May 22, 2002 was mutually modified as set forth in Article 12 of the parties' marital settlement agreement dated August 8, 2003 on account of Respondent'$ relocation to California whereby she removed Jesse Carl Gault, born April 24, 1998 ("J G') from Cumberland County, Pennsylvania to California and remained as his primary 7cal custodian, and whereby Petitioner became the primary physical custodian of adalynn Janell Gault, born July 22, 1991 (" NUGn) who at all material times as continually resided in Cumberland County, Pennsylvania. 1 As a result of Respondent's cross-continent relocation from Pennsylvania to California, the parties agreed to those specified custody arrangements as set forth in the aforesaid Article 12 concerning an equal division of the summer school vacation, as well as the Christmas holiday vacation. Since the children were separated by thousands of miles, it was not then practical to delineate more specific periods of partial custody as was previously addressed in this Court's Order of May 22, 2002. In the summer of 2006, Respondent and JCG returned from California to Pennsylvania. Upon Respondent's return to Pennsylvania, the reasons, purposes, and intent of Article 12 regarding those custody issues attendant to Respondent's and KG's cross-continent relocation wore no longer necessary, operative or required. At all times subsequent to Respondent's return to Pennsylvania from California, she has remained as the primary physical custodian of JCG while Petitioner has remained as the primary physical custodian of MJG. From the time of Respondent's return to Pennsylvania with JCG in the summer of 2006 until mid-October 2007, the parties' permitted each other to have frequent and regular periods of partial custody with each child. During said timeframe, (a) said periods of reciprocal partial custody were mutually agreed upon by the parties as the given circumstances warranted, (b) the parties no longer paid strict adherence to any set schedule of dates or times regarding partial custody, and (c) neither party interfered with or obstructed the other party's access to either child for partial custody purposes. From October 13, 2007 until January 2008, at Respondent's request, Petitioner relinquished any periods of partial custody with JCG subsequent to a prescription medication incident that occurred on October 13, 2007. Petitioner admits to another type of relapse incident as of July 3, 2007. With respect,to the aforesaid incidents as of July 3, 2007 and October 13, 2007, Respondent Old not initiate any proceedings seeking to modify Petitioner's status as the primary physical custodian of MJG. The parties' prior mutually agreeable and flexible partial custody arrangements that had been enjoyed subsequent to Respondent's return to Pennsylvania from California was modified the in upon Petitioner's voluntary agreement to forego periods of partial custody of JCG following the October 13, 2007 incident until it was agreed by the parties to be?in said child's best interests to resume same. As a result o his documented progress in outpatient treatment following the October 13, 2007 inci nt, and based upon the express recommendation and approval of JCG's therapist-chic psychologist, Respondent agreed at some point in January 2008 to reinstate gra uaiiy increasing periods of partial custody of JCG with Petitioner. From February 9, 2008 until April 6, 2008, Petitioner enjoyed periods of partial physical custody on a alternating weekend basis. 2 In addition to said alternating weekend schedule, Petitioner also enjoyed partial physical custody of JCG for certain Holidays, family gatherings, school functions, sports events, birthday parties, and similar activities until April 9, 2008. In planning for JCG's upcoming summer school vacation in 2008, the parties had reached an earlier agreement that JCG would attend a YMCA summer day program located nears JCG's and Respondent's residence. Therein, it was contemplated that JCG would alternate entire weeks with each parent throughout the length of his summer school vacation. The parties had also contemplated that each would be responsible for payment of the YMCA costs for their respective weeks of partial custody throughout JCG's summer school vacation, notwithstanding that Petitioner is under no current support obligation to do so. On April 9, 2008, Respondent advised Petitioner by phone that she was no longer going to make JCG available for any periods of partial custody. Respondent stated that she intended to revert back to the aforesaid Article 12 schedule such that Petitioner would be relegated solely to an equal division of JCG's summer school vacation (i.e., 40 continuous days in the summer). Effective April 9, 2008, Respondent declared that Petitioner would no longer have any more alternating weekends of partial custody of JCG. Respondent made this unilateral declaration notwithstanding the fact (a) that JCG was accustomed to and looking forward to such ongoing periods of partial custody with his Father in a predictable and regular fashion, and (b) that said ongoing partial custody had been previously endorsed and approved by JCG's therapist-child psychologist and has therein continued as so approved and recommended since its commencement on February 9, 2008. At all material times hereto, Petitioner has never hampered or interfered with Respondent's access to MIG for any periods of partial custody sought by Respondent. Petitioner seeks to modify the prior orders respecting custody issues so that he has reasonable periods of partial custody of JCG. At a minimum, Petitioner seeks the alternating weekend basis of partial custody which he and JCG had enjoyed prior to Respondent's proclamation on April 9, 2008. Petitioner also seeks partial custody of JCG for purposes of taking him to dinner or a similar after-school activity on one school night each week. In addition, Petitioner seeks liberal and reasonable periods of partial custody of JdG regarding summer school vacation and holidays. Moreover, Petitioner seeks daily telephone contact or similar electronic communication with JCG. Petitioner reserves the right to request greater periods of partial custody as this Court may deem re, sonable. 3 Petitioner prays that this Court will enter an order that encourages, permits, and allows frequent and continuing contact and physical access between Petitioner as the noncustodial parent and 7CG. Respondent's unilateral declaration of April 9, 2008 must be reconciled with 23 Pa.C.S.A. § 5303(a)(2). At all times subsequent to the dissolution of the marriage, the parties have maintained joint legal custody of the children. WHEREFORE, Petitioner requests that this Honorable Court modify the existing Order for PAPMAL CUSTODY because it will be in the best interest of the child. I verify that the statements made in this petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating-to unswom falsification to authorities. d /i /off DATE P e 4 MAY 21 200'I JAMES G. GAULT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MICHELLE L. GAULT, : NO.01- 5085 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this R a day of May, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, James G. Gault, and the Mother, Michelle L. Gault, shall enjoy shared legal custody of Madalynn J. Gault, born July 22, 1991; and Jesse C. Gault, born April 24, 1998. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. Alternating weekends from Saturday at 10:00 a.m. until Monday morning when the Father shall deliver the children to school or day care, as appropriate. B. On every Tuesday and Thursday from 3:00 p.m. until 8:00 a.m. the following morning when Father shall deliver the children to school or daycare, as appropriate. C. For a period of one week in the summer upon Father giving mother sixty (60) days notice and with the understanding that the one week will be exercised in conjunction with one of Father's weekends. D. At such other times as agreed upon by the parties. 4. Mother shall always have custody of the minor children on Mother's Day and Father shall always have custody on Father's Day. This provision shall supercede any other custody schedule. 5. Holiday schedule shall be handled as follows: A. Easter Sunday, Memorial Day, July 4", Labor Day, Halloween, and Thanksgiving shall be alternated between the parties. The timeframe shall be 9:00 a.m. until 7:00 p.m. unless agreed otherwise between the parties, except for Halloween which shall be in the evening from 5:30 p.m. until 8:30 p.m. The Father shall have Memorial Day 2002 with the parties alternating these holidays thereafter. B. For Christmas and absent an agreement by the parties to the contrary, the parties shall alternate Christmas from Christmas Eve at Noon until Christmas Day at Noon and Christmas Day at Noon until December 26`h at Noon. For 2002, Father shall enjoy the first segment of the Christmas holiday. 6. Both parties shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 7. This Agreement on physical custody is entered with the understanding that Father's time in the summer is limited to only one week except for the other standard schedule. In the event the parties desire to modify this Order, the parties may petition to have the case again scheduled with the custody conciliator for a modification and at that time the parties may assert any position with respect to the extent of Father's overnight custody during the week. BY COURT J. Edward 19. Guido cc: Richard L. Webber, Jr., Esquire Herschel Lock, Esquire James W. Gault, Esquire 249 Glenn Road Camp !Hill, PA 17011 TRWE r,c"7ly 1[i Testi-,10r1y d a seal of sai TlltilV-1.- ... t3YY f l x. ?' l t A ?. I here up r rim ? L Cdr;;:,;., Burt at "' , 1-1 JAMES G. GAULT, Plaintiff V MICHELLE L. GAULT, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.01- 5085 CIVIL IN CUSTODY 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Madalynn J. Gault, born July 22, 1991; and Jesse C. Gault, born April 24, 1998. 2. A Conciliation Conference was held on May 17, 2002, with the following individuals in attendance: The Father, James G. Gault, who appeared without counsel; and the Mother, Michelle L. Gault, with her counsel, Herschel Lock, Esquire. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Gilroy squire Custody Conc' ' for r Ap. W" WOO COUNTN' E3 R l A C? ''" .. 4°'a 1 ATE OF N fie # JAMES G. GAULT, i? 2001-50,85 a Plaintiff MICHELLE L. GAULT , ? -- ?--? _ Defendant - ' C _ V R ` t 02:08 PM r'f AND NOW August 27 2003 ? : x; ?#erf??? ctnd N derrped thnf JAMES G. GAULT r,$ f and MICHELLE L. GAULT tr-f do n t, ore -.T)rrc?-d f(C-11 trii! :a )nd of x-n0f6rT1t7f1y I IE? " „"4' {f # rp-ofn `11r S(1 i'. P` r7 +r? ?C)$?R°t1 «'3?£ ;fli?t< , 5 r. . have . r Deer} rCa -n#pre The attached Matrimonial Settlement Agreespent is incorporated herein. h r Edward E. Guido Attest: . P, Certified Copy Issued: August 28. 2001 4 IL f a ? 114ATR3Mir J..!'f.LJ SE 1 1 E 1EN 1 A?? THIS AGREEMENT, made this 8th day of August, 2003, by and between MICHELLE L. GAULT, hereinafter referred to as "Wife", and JAMES G. GAULT, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Wife and Husband were lawfully married on April 23, 1988; and WHEREAS, certain differences have arisen between the parties as a result of which they.have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for their mutual responsibilities-and rights growing out.of.the marriage relationship; and WHEREAS, Wife, after being properly advised by her attorney, Herschel Lock, and Husband, after being advised to retain legal counsel but choosing not to do-so, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kjept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: - 1 - 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or-places as she or he may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if she or he were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or•malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS:. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. - 2 - 4 HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement each party waives her or his right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980., its supplements and amendments. Subject to the provisions of this Agreement, each party has released, discharged, and by this Agreement does for herself or himself, and her or his heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to re-qu6st marital counseling pursuant to the Divorce Code. - 3 - 6. DIVISION OF PERSONAL PROPERTY: The parties hereto agree that Wife shall receive the first Three Thousand ($3,000) Dollars from their 2002-joint Federal Income Tax refund, less up to but not exceeding One Thousand Four Hundred ($1,400.00) Dollars, the amount deducted therefrom by a Domestic Relations Office's IRS Intercept and Husband shall receive the remaining balance thereof, if any there be. Further, the parties agree that Wife shall keep as her sole and exclusive property her Saturn automobile and that they shall divide equally any and all pensions, retirement or profit sharing plans of any sort, deferred compensation or savings presently of Husband, or in his name or to which he is or will be entitled and- acquired or accumulated as of the date hereof including but not limited to those arising from his employment with Prince Law Office, P.C. or its affiliates or successors. As,to these, Husband agrees to fully and in a timely fashion cooperate with the equal division thereof between him and Wife, but not limited to, entering into Qualified Domestic Relations orders and executing any other documents needed to effectuate the agreed upon division. All personal property, household furnishings, furniture and the like, as well as stocks and bonds, savings, retirement accounts or pensions of any sort, any other personalty presently in the possession of each party shall remain the sole and exclusive possession of that party. 4 - 7. DIVISION OF REAL ESTATE: The parties acknowledge that they have heretofore sold their marital home being known and numbered as 249 Glenn Road, Camp Hill, Pennsylvania and have heretofore divided the proceeds realized therefrom in a. fashion satisfactory to both of them. 8, ALIMONY: 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 settlement and satisfaction of any claims or demands that either might now or hereafter have against the other for support, maintenance or alimony. Wife and Husband, further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 9. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Wife and Husband acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept- the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for - 5 - alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The provisions of this Agreement dealing with alimony, alimony pendente lite, counsel fees, spousal support and the like are intended by the parties to be in full and complete satisfaction of any statutory marital rights or obligations of the parties. 10. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of her or his property in any way, and each p?xrty hereby waivies'and relinquishes any and all rights she or he may now have -or °her0after acquire, under the present laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy; statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, unless named tto do so in the Will of the other and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect lthis mutual waiver and relinquishment of all such interests, rights and claims. 6 11. SUBSEOUENT DIVORCE: A Complaint in Divorce has been filed by Husband. Wife and Husband each agree to sign contemporaneously with the execution hereof an Affidavit of Consent and Waiver of Notice of Intent to File for Divorce as well as, thereafter, any other paperwork needed to be filed to conclude their divorce action. The parties further agree that each of them shall be responsible d for their own attorney's fees, if any there be. In the event such divorce is concluded, Wife shall be entitled to receive a copy of the Decree In Divorce for the normal fee charged by the Prothonotary. In the event such divorce action is concluded, the parties shall be bound by all the terms. of this Agreement which shall be incorporated by reference into the Divorce Decree but, notwithstanding such incorporation, this. Agreement shall not be mergedl,in such Decree,.but shall in all respects survive the same and b& forever binding and conclusive upon the parties. 12. CUSTODY: See.-Paragraph 12: CUSTODY at page 13. - 7 - ,.v [K TIGX C7 # @l?XX1 X X 1 1 X EXf. b XXXIMM 7PXJ?7Q]dX??#XR C{fi \Zti1 LI X A ?QL?K7?X781?CXItC7?C14IXPn'XpwX X X 13. SUPPORT: See Paragraph 13:SUPPORT at page 14. XC9t0??C?i?l?7'?EX4X4C?4F4?X?4I?l??XO??X ](X X f 8 C7 X=)MW CX Q4%`X MCY ydURM XXXXX ?X,?c?Ci?cXab[eE??X?tX?X??X?XXx XXjj3MjR?Kx xMM C$ LQ[xxX 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at her or his option, remedies or relief as may be available to her or him, and the party breaching this contract should be responsible for payment;'of legal fees and costs incurred by the other in enforcing their rights under this Agreement. - 8 7 XXXXXXXXX 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be required to give full force and effect to the provisions of this Agreement .(n 16. TAX RAMIFICATIONS:See paragraph 16:TAX RAMIFICATIONS at `l X*XXX7 7 ZB>ERAzimmx page.15. XXXQEXPXXlC7t AX MX70 XIQ3 7ClE RD11XlikinX $x_%Jw43 XX* X XXxx ?axa??r??#l??xl??x?f?l?x?x??xxl??xxc?ackxxxx EX4XXX7GlEKnX7i t? 'N )11XX)WXX XrkXd1X1 XXxXXXX x KXYAX3cX xx c P-MUINuI?t x cXXXKV= XXzXXk1[XXXxx xxx' - 9 - 17. VOLUNTARY EXECUTION.: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and.ecj?uitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information. relating to the financial affairs of the other which has been requeslted by each of them or by their respective counsel. 18. TIRE Ae T This Agreement contains the :entire understanding, of the parties and there are no-representations, warrant.iesi covenants. or un4erstandi.ngs other than those expressly-set.forth herein. .Wife. 04 Husband acknowledge and agree that the provisions of this 4grreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties. hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims acrd demands that they may now have or hereafter have i against the other for equitable distribution of their property or - 10 - for alimony, alimony pendente lite, counsel fees or costs by any court of competent jurisdiction pursuant to the Divorce code or any other laws. Wife and Husband each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DESCRIPTIVE HEADIRGO: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 0. IMM02M SEP ? COVENANTS.., It is sPecifi.calYy understood and agreed =by.and between t%e parties hereto. that each- paragraph hereof shall -be deemed to be a aeparate`and independent covenant and agreement. ?1.. APPLICABLE LAW: This Agreement shall be construed under the law of the Commo0wealth of Pennsylvania. ?2. VOID CLAUSES: If any term, condition, clause or provision of this 1greement shall be determined or declared to be void or - 11 - invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and operation. 23. AGRB$140T BINDING ON HEIRS : This Agreement shall be binding and shall inure to the benefit. of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.- 24. MODIFICATION AID TeTAIVBR: A modification or. waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the swine formality as this Agreement. The failure of either Tarty to insist upon strict. performanceof any caf the pi-ovi0ions, of. 'this Agreement shall not be construed as a waiver of and: subsequent default of the same or similar nature. /MI b LF X 12 - o aeseo apnaon rsYiuaworamg to shdaahorn to:1 c o One i mod: d 6 .01) rs a w h tie s ad elf 13. S'4T: -. 14- 16. A MAICATIONS: -15- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTS OF '0ftv Pff3IFN r ) &AJn tl? On this, the 0 day of A?I us , 2003, ',before me, a•Notary Public, the.undersigned officer, persoIaliy appeared MICHELLE L. GAULT, known to me-(or satisfactorily 'proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNP.SS W EOF, I have hereunto set my hand and notariAl seal. notary Pu1? c` AFFIDAVIT COMMONOEALTH OF PENNSYLVANIA ) SS: COUNTY OF ZhUDKIN etao * l.4WP ) On this, the -FA day of 4a6aj`r- 2003, before me, a Notary Public, the undersigned officer, personally appeared JAM'S G. GAULT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he CERTIFICATE OF SERVICE 1 do certify that I served a true and correct copy of the within Petition for Modification pf Partial Custody upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Michelle L. Holobetz 121 Dove Ct. Hummelstown, PA 17036 Hershel Lock, Esquire ,3107 No. Front St. Harrisburg, PA 17110 Dated: April h 1, 2008 bet ? O ? O ?.3 1 N r - -7U ni l- -x JAMES G. GAULT, Petitioner V. MICHELLE L. HOLOBETZ, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 5085 CIVIL IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY, PARTIAL CUSTODY ORDER APPLICATIONS FOR SPECIAL RELIEF UNDER PA.R.C.P. 1915.13 INCLUDING AN AWARD OF TEMPORARY PARTIAL CUSTODY Petition for Civil Contempt for Disobedience of Partial Custody Order: The Petition of James G. Gault respectfully represents: 1. That on May 22, 2002, Judge Edward E. Guido entered an Order awarding partial custody of the minor child: Jesse Carl Gault, born April 24, 1998. A true and correct copy of the May 22, 2002 Order of Court is attached to this petition by virtue of the attachment of a copy of the Petitioner's Petition for Modification of a Partial Custody Order which was filed with the Prothonotary on April 11, 2008 and served upon the Respondent and her counsel of record. 2. Respondent has willfully failed to abide by the order in that she has refused to permit any telephone contact between the Petitioner and the minor child. See, Paragraph 6 of this Court's Order of May 22, 2002. 3. By way of further averment, Petitioner had been enjoying daily or near daily telephone contact with his son until Respondent was served with the Petition for Modification of Partial Custody filed on April 11, 2008. 4. Petitioner's recent attempts to telephone his son at his residence with Respondent have been met with the answer that all contacts are being unilaterally terminated by Respondent; the most recent reason stated by Respondent for the termination of telephone contact between Petitioner and the minor child was Respondent's receipt of the aforesaid Petition and the attached proposed Order of Court (as required by Pa.R.C.P. 1915.15(c) and C.C.R.P. 1915.15). WHEREFORE, Petitioner requests that Respondent be held in contempt of court. First Application for Special Relief under Pa.R.C.P. 1915.13: 1. Petitioner filed a Petition for Modification of a Partial Custody Order on April 11, 2008 (a true and correct copy is attached hereto). Pursuant to local rules, the petition will be referred to a Custody Conciliator for purposes of a conference. 2. Pursuant to C.C.R.P. 1915.3-3, all custody matters shall be scheduled for a conference before the conciliator not more than sixty (60) days from the date of assignment by the Court Administrator. 3. Pursuant to Pa.R.C.P. 1915.4, said conference shall be scheduled to occur not later than forty-five (45) days from the filing of the petition. 4. Given Respondent's unilateral termination of partial custody and telephone contact, Petitioner, as the non-custodial parent, has been deprived of all communication, access, and contact with his son. 5. Inasmuch as the minor child has been attending therapy sessions with his therapist-child psychologist, and has been making demonstrable progress therein, with the promotion and advancement of a strong, healthy and productive relationship between father and son, Respondent's unilateral termination of partial custody and telephone contact could inflict emotional distress upon the minor child in the context of causing a regression in said goal-oriented therapy and otherwise injure the father-son relationship. WHEREFORE, Petitioner seeks relief from this Court in a more expedited fashion than the 45 day or 60 day periods provided by the foregoing rules so as to minimize any emotional harm to the minor child. 3 Second Application for Special Relief under Pa.R.C.P. 1915.13: 1. As discussed in the Petition for Modification of Partial Custody filed on April 11, 2008, Respondent previously relocated to California with the minor child after the dissolution of the parties' marriage. 2. Petitioner seeks an Order of Court instructing Respondent that any future relocations out-of-state or otherwise shall be pursued only after (a) the filing of a petition raising the issue of whether it is in the best interest of the minor child to move with the custodial parent outside of this Court's jurisdiction, and (b) an evidentiary hearing applying the Gruber analysis. See, Plowman v. Plowman. 597 A.2d 701 (Pa. Super. 1991) and its progeny. 3. Petitioner reserves the right to petition this Court for a writ of ne exeatto prevent Respondent from moving with the minor child, and otherwise to direct that the party having physical custody of the minor child be brought before this Court. WHEREFORE, Petitioner requests that this Honorable Court enter an appropriate Order under Pa.R.C.P. 1915.13. 4 Third Application for Special Relief under Pa.R.C.P. 1915.13: 1. Petitioner hereby incorporates by reference thereto as if fully set forth herein all of the averments set forth above, and further incorporates the averments set forth in the aforesaid Petition, a copy of which is attached hereto. 2. Petitioner requests an award of temporary partial custody and telephone contact with the minor child when he is with the Respondent. Pursuant to Pa.R.C.P. 1915.13, the relief available may include, but is not limited to, the award of temporary partial custody WHEREFORE, Petitioner requests that this Honorable Court award temporary partial custody to Petitioner as sought in the aforesaid Petition which seeks a temporary or permanent order. I verify that the statements made in this petition are true and correct to the best of my knowledge, information, and belief. 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 Pet oner 5 Enola, PA 17025 717-350-0328 JAMES G. GAULT, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELLE L. HOLOBLTL, NO. 01- 5085 CIVIL Respondent IN CUSTODY ORDER OF COURT You, Michelle L. Holobetz, Respondent, have been sued in court to MODIFY custody, partial custody or visitation of the child: Jesse Carl Gault. You are ordered to appear in person at (Address), on (Day and Date), at (Time), .M., for [ ] a conciliation or mediation conference. [ ] a pretrial conference. [ ] a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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. BY THE COURT: Date: 3. JAMES G. GAULT, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -- LAW MICHELLE L. HOLOBEIZ, NO. 01- 5085 CIVIL Respondent IN CUSTODY ORDER OF COURT AND NOW, April . 2008, upon consideration of the attached petition, it is hereby directed that the parties and counsel, if any, appear before at the conciliator, on the day of . 2008 at 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 1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 JAMES G. GAULT, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELLE L. HOLOBETZ, NO. 01- 5085 CIVIL Respondent IN CUSTODY ? rn PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ORDER 1. The petition of James G. Gault respectfully represents that on May 22, 2002 an Order of Court was entered for PARTIAL CUSTODY (a true and correct copy of same is attached hereto). Thereafter, Petitioner and Respondent (formerly Michelle L. Gault) consensually and mutually modified the custody of the children in Article 12 of a Matrimonial Settlement Agreement entered into on August 8, 2003, which was incorporated, but not merged, into a Decree in Divorce ordered by this Court on August 28, 2003 (a true and correct copy of same is attached hereto). 2. This Order should be modified because: This Court's Order of May 22, 2002 followed prior custody conciliation proceedings conducted by Hubert X. Gilroy, Esquire who submitted a proposed Order in conjunction with C.C.R.P. 1915.3-8. This Court's Order of May 22, 2002 was mutually modified as set forth in Article 12 of the parties' marital settlement agreement dated August 8, 2003 on account of Respondent's relocation to California whereby she removed Jesse Carl Gault, born April 24, 1998 ("JCG') from Cumberland County, Pennsylvania to California and remained as his primary physical custodian, and whereby Petitioner became the primary physical custodian of Madalynn Janell Gault, born July 22, 1991 ("MJG'l who at all material times as continually resided in Cumberland County, Pennsylvania. 1 As a result of Respondent's cross-continent relocation from Pennsylvania to California, the parties agreed to those specified custody arrangements as set forth in the aforesaid Article 12 concerning an equal division of the summer school vacation, as well as the Christmas holiday vacation. Since the children were separated by thousands of miles, it was not then practical to delineate more specific periods of partial custody as was previously addressed in this Court's Order of May 22, 2002. In the summer of 2006, Respondent and JCG returned from California to Pennsylvania. Upon Respondent's return to Pennsylvania, the reasons, purposes, and intent of Article 12 regarding those custody issues attendant to Respondent's and JCG's cross-continent relocation were no longer necessary, operative or required. At all times subsequent to Respondent's return to Pennsylvania from California, she has remained as the primary physical custodian of JCG while Petitioner has remained as the primary physical custodian of MJG. From the time of Respondent's return to Pennsylvania with JCG in the summer of 2006 until mid-October 2007, the parties' permitted each other to have frequent and regular periods of partial custody with each child. During said timeframe, (a) said periods of reciprocal partial custody were mutually agreed upon by the parties as the given circumstances warranted, (b) the parties no longer paid strict adherence to any set schedule of dates or times regarding partial custody, and (c) neither party interfered with or obstructed the other party's access to either child for partial custody purposes. From October 13, 2007 until January 2008, at Respondent's request, Petitioner relinquished any periods of partial custody with JCG subsequent to a prescription medication incident that occurred on October 13, 2007. Petitioner admits to another type of relapse incident as of July 3, 2007. With respect to the aforesaid incidents as of July 3, 2007 and October 13, 2007, Respondent did not initiate any proceedings seeking to modify Petitioner's status as the primary physical custodian of MJG. The parties' prior mutually agreeable and flexible partial custody arrangements that had been enjoyed subsequent to Respondent's return to Pennsylvania from California was modified therein upon Petitioner's voluntary agreement to forego periods of partial custody of JCG following the October 13, 2007 incident until it was agreed by the parties to be in said child's best interests to resume same. As a result of his documented progress in outpatient treatment following the October 13, 2007 incident, and based upon the express recommendation and approval of JCG's therapist-child psychologist, Respondent agreed at some point in January 2008 to reinstate gradually increasing periods of partial custody of JCG with Petitioner. From February 9, 2008 until April 6, 2008, Petitioner enjoyed periods of partial physical custody on an alternating weekend basis. 2 In addition to said alternating weekend schedule, Petitioner also enjoyed partial physical custody of JCG for certain Holidays, family gatherings, school functions, sports events, birthday parties, and similar activities until April 9, 2008. In planning for JCG's upcoming summer school vacation in 2008, the parties had reached an earlier agreement that JCG would attend a YMCA summer day program located near JCG's and Respondent's residence. Therein, it was contemplated that JCG would alternate entire weeks with each parent throughout the length of his summer school vacation. The parties had also contemplated that each would be responsible for payment of the YMCA costs for their respective weeks of partial custody throughout JCG's summer school vacation, notwithstanding that Petitioner is under no current support obligation to do so. On April 9, 2008, Respondent advised Petitioner by phone that she was no longer going to make JCG available for any periods of partial custody. Respondent stated that she intended to revert back to the aforesaid Article 12 schedule such that Petitioner would be relegated solely to an equal division of JCG's summer school vacation (i.e., 40 continuous days in the summer). Effective April 9, 2008, Respondent declared that Petitioner would no longer have any more alternating weekends of partial custody of JCG. Respondent made this unilateral declaration notwithstanding the fact (a) that JCG was accustomed to and looking forward to such ongoing periods of partial custody with his Father in a predictable and regular fashion, and (b) that said ongoing partial custody had been previously endorsed and approved by JCG's therapist-child psychologist and has therein continued as so approved and recommended since its commencement on February 9, 2008. At all material times hereto, Petitioner has never hampered or interfered with Respondent's access to MJG for any periods of partial custody sought by Respondent. Petitioner seeks to modify the prior orders respecting custody issues so that he has reasonable periods of partial custody of JCG. At a minimum, Petitioner seeks the alternating weekend basis of partial custody which he and JCG had enjoyed prior to Respondent's proclamation on April 9, 2008. Petitioner also seeks partial custody of JCG for purposes of taking him to dinner or a similar after-school activity on one school night each week. In addition, Petitioner seeks liberal and reasonable periods of partial custody of JCG regarding summer school vacation and holidays. Moreover, Petitioner seeks daily telephone contact or similar electronic communication with JCG. Petitioner reserves the right to request greater periods of partial custody as this Court may deem reasonable. 3 Petitioner prays that this Court will enter an order that encourages, permits, and allows frequent and continuing contact and physical access between Petitioner as the noncustodial parent and ]CG. Respondent's unilateral declaration of April 9, 2008 must be reconciled with 23 Pa.C.S.A. § 5303(a)(2). At all times subsequent to the dissolution of the marriage, the parties have maintained joint legal custody of the children. WHEREFORE, Petitioner requests that this Honorable Court modify the existing Order for PARTIAL CUSTODY because it will be in the best interest of the child. I verify that the statements made in this petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. kD?l /l DATE PetitPo e 4 MAY 21 2002 JAMES G. GAULT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MICHELLE L. GAULT, NO.01- 5085 CIVIL Defendant IN CUSTODY COURT ORDER ay of May, 2002, upon consideration of the attached Custody AND NOW, this O a *'? Conciliation Report, it is ordered and directed as follows: 1. The Father, James G. Gault, and the Mother, Michelle L. Gault, shall enjoy shared legal custody of Madalynn J. Gault, born July 22, 1991; and Jesse C. Gault, born April 24, 1998. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody with the minor children as follows: A. Alternating weekends from Saturday at 10:00 a.m. until Monday morning when the Father shall deliver the children to school or day care, as appropriate. B. On every Tuesday and Thursday from 3:00 p.m. until 8:00 a.m. the following morning when Father shall deliver the children to school or daycare, as appropriate. C. For a period of one week in the summer upon Father giving mother sixty (60) days notice and with the understanding that the one week will be exercised in conjunction with one of Father's weekends. D. At such other times as agreed upon by the parties. 4. Mother shall always have custody of the minor children on Mother's Day and Father shall always have custody on Father's Day. This provision shall supercede any other custody schedule. 5. Holiday schedule shall be handled as follows: A. Easter Sunday, Memorial Day, July e, Labor Day, Halloween, and Thanksgiving shall be alternated between the parties. The timeframe shall be 9:00 a.m. until 7:00 p.m. unless agreed otherwise between the parties, except for Halloween which shall be in the evening from 5:30 p.m. until 8:30 p.m. The Father shall have Memorial Day 2002 with the parties alternating these holidays thereafter. B. For Christmas and absent an agreement by the parties to the contrary, the parties shall alternate Christmas from Christmas Eve at Noon until Christmas Day at Noon and Christmas Day at Noon until December 26`h at Noon. For 2002, Father shall enjoy the first segment of the Christmas holiday. 6. Both parties shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent. 7. This Agreement on physical custody is entered with the understanding that Father's time in the summer is limited to only one week except for the other standard schedule. In the event the parties desire to modify this Order, the parties may petition to have the case again scheduled with the custody conciliator for a modification and at that time the parties may assert any position with respect to the extent of Father's overnight custody during the week. BY THCOURT J. Edward E. Guido cc: Richard L. Webber, Jr., Esquire Herschel Lock, Esquire James W. Gault, Esquire 249 Glenn Road Camp Hill, PA 17011 ti> P, Y t b .? 1 co;, 1 hers' In Tests??•;lrfy? !.. ztt?d 9. seal ?jf Gi Court at r ; ....... ..:'?=' fctcnotary, JAMES G. GAULT, Plaintiff v MICHELLE L. GAULT, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.01- 5085 CIVIL IN CUSTODY 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: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Madalynn J. Gault, born July 22, 1991; and Jesse C. Gault, born April 24, 1998. 2. A Conciliation Conference was held on May 17, 2002, with the following individuals in attendance: The Father, James G. Gault, who appeared without counsel; and the Mother, Michelle L. Gault, with her counsel, Herschel Lock, Esquire. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Gilroy squire Custody Conci ' for • +6 " ^. - -:f:'.° ',i!;* sue' Ctl:• "??.. ._ .. ON t . " • ?°• .,..,h '?' ' a A ? ' 'a . „ w .:. s woo A, TE 'i JAMES G. GAULT, 2001-5085 - Plaintiff 4 -' MICHELLE L_ GAULT, ?- i Defendant E '- -E IN • C 02:08 PM A N? )-v , August 27 2003 , ? ? - ? ? r e°e JAMES G . GAULT ??yy 'y MICHELLE L. GAULT t a ry . ne 11 QV P, i The attached Matrimonial Settlement Agreement is incorporated herein . ? j , Y Edward E. Guido Alp Certified Copy Issued: August 28, 200' '"'' ` - MATRIMONIAL SETTLEMENT AGREENM4T THIS AGREEMENT, made this '8th day of August, 2003, by and between MICHELLE L. GAULT, hereinafter referred to as "Wife", and JAMES G. GAULT, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Wife and Husband were lawfully married on April 23, 1988; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an agreement which will provide for their mutual responsibilities-and rights growing out.of.the marriage relationship; and WHEREAS, Wife, after being properly advised by her attorney, Herschel Lock, and Husband, after being advised to retain legal counsel but choosing not to do.so, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: - 1 - r S r 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as she or he may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if she or he were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or,malign the other, nor in any way interfere with the peaceful existence, separate and.apart from the other. 3. WIFE'S DEBTS:. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. - 2 - 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife from any and all claims or demands made against her by reason of debts or' obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement each party waives her or his right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980., its supplements and amendments. Subject to the provisions of this Agreement, each party has released, discharged, and by this Agreement does for herself or himself, and her or his heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to the Divorce Code. - 3 - 6. DIVISION OF PERSONAL PROPERTY: The parties hereto agree that Wife shall receive the first Three Thousand ($3,000) Dollars from their 2002-joint Federal Income Tax refund, less up to but not exceeding One Thousand Four Hundred ($1,400.00) Dollars, the amount deducted therefrom by a Domestic Relations Office's IRS Intercept and Husband shall receive the remaining balance thereof, if any there be. Further, the parties agree that Wife shall keep as her sole and exclusive property her Saturn automobile and that they shall divide equally any and all pensions, retirement or profit sharing plans of any sort, deferred compensation or savings presently of Husband, or in his name or to which he is or will be entitled and. acquired or accumulated as of the date hereof including but not limited to those arising from his employment with Prince Law Office, P.C. or its affiliates.or successors. As'to these, Husband agrees to fully and in a timely fashion cooperate with the equal division thereof between him and Wife, but not limited to, entering into Qualified Domestic Relations Orders and executing any other documents needed to effectuate the agreed upon division. All personal property, household furnishings, furniture and the like, as well as stocks and bonds, savings, retirement accounts or pensions of any sort, any other personalty presently in the possession of each party shall remain the sole and exclusive possession of that party. - 4 - 7. DIVISION OF REAL ESTATE: The parties acknowledge that they have heretofore sold their marital home being known and numbered as 249 Glenn Road, Camp Hill, Pennsylvania and have heretofore divided the proceeds realized therefrom in a fashion satisfactory to both of them. 8. ALIMONY: 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 settlement and satisfaction of any claims or demands that either might now or hereafter have against the other for support, maintenance or alimony. Wife and Husband, further, voluntarily and intelligently waive-and relinquish any right to seek from the other any payment for support or alimony. 9. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Wife and Husband acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for - 5 - alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. The provisions of this Agreement dealing with alimony, alimony pendente lite, counsel fees, spousal support and the like are intended by the parties to be in full and complete satisfaction of any statutory marital rights or obligations of the parties. 10. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party-may dispose of her or his property in any way, and each party hereby waives and relinquishes any and all rights she or he may now have -or:hereafter acquire, under the present laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, unless named to. do so in the Will of the other and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. - 6 - 11. SUBSEQUENT DIVORCE: A Complaint in Divorce has been filed by Husband. Wife and Husband each agree to sign contemporaneously with the execution hereof an Affidavit of Consent and Waiver of Notice of Intent to File for Divorce as well as, thereafter, any other paperwork needed to be filed to conclude their divorce action. The parties further agree that each of them shall be responsible for their own attorney's fees, if any there be. In the event such divorce is concluded, Wife shall be entitled to receive a copy of the Decree In Divorce for the normal fee charged by the Prothonotary. In the event such divorce action is concluded, the parties shall be bound by all the terms.of this Agreement which shall be incorporated by reference into the Divorce Decree but, notwithstanding such incorporation, this Agreement shall not be merged in such Decree,-but shall.-in all respects survive the same and be forever binding and conclusive upon the parties. X_ Vl 12. CUSTODY: See.-Paragraph 12: CUSTODY at page 13. - 7 - xgp?L?Q?6llile?J?J?AJ?.l?11Ad4?0AAAaane ',?Alfa°aflel?tY?li????1flCL1?l2YLSlS2?A?1S/tx?S??l1?ti'1S ??????W1??1eltal?i4???YL1?'tA'7m1a111Y?XIYYYYS??.2S'l?A?1r1S'JC1fli2?1?AX???????1Gli t N]CC=??AggmpAxxxxxxwmznmondxxxxxxxxxxx xxMx x 13. SUPPORT: see Paragraph 13:SUPPORT at page 14. J J(X X,XX7C#i4XX XCUM )OMEKXXXXXXXXx X?sx?cx????X?X4??XX?I4L???k???Xx??!sxx ?XXX????jXxtatXbCecXX?(ar????x???XXXXX xxft €x4:Kx KxdUXM rat - xxx 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at her or his option, remedies or relief as may be available to her or him, and the party breaching this contract should be responsible for paynient?* of legal fees and costs incurred by the other in enforcing their rights under this Agreement. - 8 7 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be required to give full forte and effect to the provisions of this Agreement'. _Y1J 16.. TAX RAMIFICATIONS:See paragraph 16:TAX RAMIFICATIONS at XXKXXXI=XRXNXNX17LX1 XX page.15. X=QEx.p2]tXJtxxx xxxsmk xkictxkkijixkgxpxzxxXxR kkXfKkxxxxx ??R?SX4?X?$X#?§?X??1???#X?1?XF??X?$X??XICjEXX?QRK?dC3CXXXX - PxI011$XXTxxXU1KXXRx%iXXX x m ux=xlcxz xiukwix claxxxxxxxxx xig x?axxx xx c xxu x xx x xm2xkXXN11XX1XXNXXX1(XXxxx Nlg=xxmfcxmaXiaxlpjtxt xxx XMMXAXxxxxxxxXxxx)txiagx ]EX2:X x x . xx?xx???r?x??rxx.?xrzx??x??$?xz?xx?x?txxx xxx-.Kk Xx XNLUUUXX xXx XUX7374X Xxxx x XXXV.xxxxxxx 1 FX. F'1 ]fx Xl?l xx t Qx1xloxX1 X:pl=]D Cx2mmx)MIDNXXJMXxxxxxx ?xx, x xxx??a}ax xx, xxxx sx r xj0YXX dXXXX V4M-4WY,X WX W. XUW XxxXX=X=]MXx3§xxM16XXXXxxxx 7UV X tXX xxxxixcxxkmq=xmxXxxx6xxpxymmxxxx$x xx FR91: t 9 - 17. VOLUNTARY EXECUTION.: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information- relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 18. ENTIRE AGREEMENT: This 'Agreement. contains the :entire understanding., of the parties and there are no, representations, warranties, covenants.. or understandings other than those expressly -set .forth herein. Wife.an4 Husband acknowledge and. agree that the provisions. of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and-demands that they may now have or hereafter have against the other for equitable distribution of their property or - 10 - for alimony, alimony pendente lite, counsel fees or costs by any court of competent jurisdiction pursuant to the Divorce Code or any other laws. Wife and Husband each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute .a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 19. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 2 0. INDEPMMENT SEPARATE COVEMZMT.S-: It 'is specifically understood and agreed by and between tie parties hereto- that each- -paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21.. APPLICABLE LAW: This Agreement shall be construed under-the law of the Commonwealth of Pennsylvania. 22. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or - 11 - invalid in law or otherwise, then only that term, condition or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force and operation. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.` 24. MQDIFICATI.ON.AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the sane formality as this Agreement. The failure Of either party to insist upon strict performance of any of_the grovisions.of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. PXMIXXX 9XIFMXkFKXkMxK X? X1? X ?XX?Xxxadx?xX??XX???x#??X XXIOXVIMC X 7CXYYYYYVVYItVYy4VyyY9vVVvv%rX?%P =..:;.. J(XXXXXX- 12 - 12. CUSTmy: Wife and Husband acknowledge that there is presently an Order of Court regarding the custody of their minor children, Madalynn Jarrell Gault a`ad Jesse Carl Gault (Gtxmberlarid County N6.01-5095)., The, parties agree that they call eontinue to share, j Dint legal custody: As for ptiyINEal e?stody a the chdFen, the parties hereby` AM ree that {a) Wife shl remau't the primary physzcal euatodian of J?ese and that ,esse 'shall be `all?od torelncate with wife to. California, and (b? lusl?atd hail become. the primary physical custodian of 1Vadalynn and that 1Viadalynn shall` con.time to reside with Husband in Pennsylvania. `'he pales fi?rtlier. .agree to allow each other reasonable and rogtila contact with the child not in their custody .'wife aj#ees that she shall beat' imt . annual travel Expenses Assoc ated'with'any trips trauspvrt,g Besse to and from Penrisylania and/or transpornng Madaly n to end from Cahfori a to a a-nual; c of one Thousand Eight Hundred ?$1,80b 0:0) laallars after whYClz tone Husband shall 1 ?ek? -h?- c©st of t t ch eri's tra o t ? : 1 s f+ ?r auy tr ?rtatYOn a uses curredy eir Pot t6 trawl t Califarma fromy t or from Cala to'ernsyiia, w selrig said reanarl and cildren oII ihterstatO trips vii autamobles?otor velucea: it is the intent of Elie parties to utrliz air, tr.bus, or safer mode of travel to transport the children for interstate'. travel. 13. SUPPORT: As part of this Agreement, the parties acknowledge that there is presently a child support order in force against Husband (Cumberland County.; Dotnestic ;Relations .Case. No. 33-0 6ad PASCES No. 611104165). Oven the aforesaid custodial arrangtnaent,. the parties hereb??r a ee at each parent shall_be so1.ely responsible for support of the child in their primary physical. custody upon `wife's relocation to California on'or Adut August 5,20:03. To writ, Wife shall support Jesse thereafter and usband -sha11 support Maclalynn thereafter. Neither parent sl a-ll . seek any support from . % other parent for the child in their custody, 'With re ect to any C su ort that re au s due and owin Y RP g frofn 1Isband to Wife under the aforesaid support order orodif cations thereof, saiti sums (inchdi. 9 any and all ar-re2?rages) shall remain payable to Wife, acid Husband aha11 remain responsible for any such due and owing child support sums (including any amd all arrearages). 14- 5 16. TAX RAMI CATIONS: IN WITNESS WHEREOF, the parties. hereto have set their hands and seals .the day and year first above written. L f.` MICT-?,t L. GAULT JAlr S G. GAULT -15 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF 51MTgIN ) Pb On this, the day of 2003, before me, a•Notary Public, the undersigned officer, personally appeared MICHELLE L. GAULT, known to me-(or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ........ ........:....:......... . Notary Public' 1ND GO., PA BX$$` .. Y ;2008 ,_ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF zAuP N eatoti /zi ew-- ) On this, the day of hu6"-r- , 2003, before me, a Notary Public, the undersigned officer, personally appeared JAMES G. GAULT, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto sat my hand and notarial seal. I CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within Petition for Modification of Partial Custody upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Michelle L. Holobetz 121 Dove Ct. Hummelstown, PA 17036 Hershel Lock, Esquire 3107 No. Front St. Harrisburg, PA 17110 Dated: April 11, 2008 CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within Petition for Civil Contempt and Applications for Special Relief (including an award of temporary Partial Custody) upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Michelle L. Holobetz 121 Dove Ct. Hummelstown, PA 17036 Hershel Lock, Esquire 3107 No. Front St. Harrisburg, PA 17110 `die G. Petite ner Dated: April 15, 2008 JAMES G. GAULT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-5085 CIVIL ACTION LAW MICHELLE L. HOLOBETZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 22, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, May 05, 2008 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /st john J. Mangan, jr., 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AWL' JAMES G. GAULT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE HOLOBETZ NO. 2001-5085 CIVIL TERM ORDER OF COURT AND NOW, this 22ND day of APRIL, 2008, the Petition for Contempt is to be referred to conciliation in accordance with the Local Rules of Court. By ourt, Edward E. Guido, J. ? James G. Gault 503 Magaro Road /Enola, Pa. 17025 " Hershel Lock, Esquire 3107 North Front Street Harrisburg, Pa. 17110 :sld ,4W , n h i- //'-' //''I/ Z / 761.36 1 0 a F "e-9 M- 1 L£cc 'I Max J. Smith, Jr., Esquire Attorney I. D. #32114 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@,jsdc.com JAMES G. GAULT, Petitioner V. MICHELLE L. HOLOBETZ, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-5085- CIVIL CIVIL ACTION -LAW CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Respondent, Michelle L. Holobetz, with respect to the above-captioned matter. Dated: April 24, 2008 By: MW7X P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 JAMES, SMITH, DIETTERICK & CONNELLY, LLP IF& J. SMITH, ; ., ESQUIRE Attorney I.D. #3 14 Cl c ) I - r -r 72 c y JAMES G. GAULT, Plaintiff V. MICHELLE L. HOLOBETZ, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5085 CIVIL ACTION LAW IN CUSTODY 4f ORDER OF COURT AND NOW this V(day of May 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Order of Court dated May 22, 2002 and the mutually consented/modified custody of the Children in Article 12 of the Marital Settlement Agreement that was incorporated, but not merged, into a Decree of Divorce ordered by this Court on August 28, 2003 are hereby VACATED. 2. Legal Custody: The Father, James Gault, and the Mother, Michelle Holobetz, shall have shared legal custody of Madalynn Gault, born 07/22/1991 and Jesse Gault, born 04/24/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of Madalynn Gault subject to Mother's liberal partial physical custody as the parties agree. Mother shall have primary physical custody of Jesse Gault subject to Father's partial physical custody as follows: a. Upon agreement of the parties, Father shall have periods of physical custody of Jesse Gault for periods of time in the evenings when school is in session and for periods of time during the weekends as long as there is an appropriate third party present. b. Father shall have more specific additional periods of physical custody as recommended by the family counselor/therapist. C. Father shall be made aware, within a reasonable period of time prior to, of Jesse Gault's extra-curricular sports/events schedules so that Father may attend said events. d. Father shall have additional periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 4. Holidavs: The parties mutually agree to arrange/alternate holidays. In the absence of agreement, a formal holiday schedule shall be established at the status update conciliation conference. 5. The non-custodial parent shall have liberal telephone contact with the respective Children on a reasonable basis. In the absence of agreement, the non-custodial parent shall have contact with the Children between 8:00 pm and 8:30 pm. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. Counseling: The parties are directed to continue Jesse Gault's individual counseling sessions with Melinda Eash as appropriate, absent mutual agreement otherwise. Father shall engage and participate in family counseling with Jesse Gault with a professional (other than Melinda Eash) at Riegler-Schienvold and Associates absent mutual agreement otherwise. Father shall continue to engage in and actively participate in individual counseling as well. 9. Father shall continue to abide by the terms and conditions of the Amended Order of the Supreme Court dated March 27, 2008. 10. Upon request by Mother or her attorney, Father shall provide proof of attendance of Father's individual counseling and related substance abuse recovery sessions. 11. Upon request by Mother or her attorney, Father shall submit to a drug test provided that Mother bears the financial cost of said test. 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 14. A status update conciliation conference is hereby scheduled for June 09, 2008 at 8:30 am at the Fourth Floor of the Court of Common Pleas, Carlisle, PA 17013. B e Court, J. Distribution: ./Iax J. Smith, Jr., Esq. -/J es Gault, Esq., 503 Magaro Road, Enola, PA 17025 ?John J. Mangan, Esq. ,/Courtesy copy to Carol Lindsay, Esq. s/a??o8 JAMES G. GAULT, Plaintiff V. MICHELLE L. HOLOBETZ, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5085 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madalynn J. Gault 07/22/1991 Father Jesse C. Gault 04/24/1998 Mother 2. A Conciliation Conference was held with regard to this matter on May 05, 2008 with the following individuals in attendance: The Mother, Michelle Holobetz, with her counsel, Max J. Smith, Jr., Esq. The Father, James Gault, Esq., pro se 3. The parties agreed to the entry of an Order in the form as attached. Date Jo gan, Esquir Cu ody Conciliator SAIDIS, FLOWER & LINDSAY ATWRNM-AX-tAW 26 West High Street Carlisle, PA JAMES G. GAULT, Plaintiff MICHELLE L. HOLOBETZ, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5085 IN CUSTODY Please enter my appearance on behalf of James G. Gault, Plaintiff, in the above captioned matter. Dated: May 22, 2008 SAIDIS, FLOWER & LINDSAY Carol J. Unds r squire Supreme Coq No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 CERTIFICATE OF SERVICE On this 7,3 day of May, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Max J. Smith, Esquire P.O. Box 650 Hershey, PA 17033-0650 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Es u`Ire Supreme Court` o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ?a cl, r .. _ i.?.l .l3 ri JUL 2 8 2008 JAMES G. GAULT, Plaintiff V. MICHELLE L. HOLOBETZ, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5085 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Orders of Court in regard to this matter are hereby VACATED. 3v 2. Legal Custody: The Father, James Gault, and the Mother, Michelle Holobetz, shall have shared legal custody of Madalynn Gault, born 07/22/1991 and Jesse Gault, born 04/24/1998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Father shall have primary physical custody of Madalynn Gault subject to Mother's liberal partial physical custody as the parties agree. Mother shall have primary physical custody of Jesse Gault subject to Father's partial physical custody as follows: a. Father shall have physical custody of Jesse Saturdays at noon until Sunday morning at paternal aunt's residence, pursuant to paternal aunt's availability and/or mutual agreement to an appropriate alternative supervised/unsupervised location otherwise. Father shall provide the transportation for the custodial periods. b. Father shall have more specific additional periods of physical custody as recommended by the family counselor/therapist. C. Father shall be made aware, within a reasonable period of time prior to, of Jesse Gault's extra-curricular sports/events schedules so that Father may attend said events. d. Father shall have additional periods of physical custody of the Child as mutually agreed to and the parties may alter/expand said times and days as mutually necessary or proper. 4. Holidays: The parties mutually agree to arrange/alternate holidays. In the absence of agreement, a formal holiday schedule shall be established at the status update conciliation conference. 5. The non-custodial parent shall have liberal telephone contact with the respective Children on a reasonable basis. In the absence of agreement, the non-custodial parent shall have contact with the Children between 8:00 pm and 8:30 pm. It is directed that said calls need not be monitored via speaker phone as long as both parties refrain from discussing inappropriate matters; specifically pertaining to custodial issues. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as practicable after the emergency is handled. 8. Counseling: The parties are directed to continue Jesse Gault's individual counseling sessions with Melinda Eash as appropriate, absent mutual agreement otherwise. Father shall initiate the and participate in family counseling with Jesse Gault with a professional (other than Melinda Eash) at Riegler-Schienvold and Associates absent mutual agreement otherwise. Paternal grandparents and aunt shall also initiate contact with the family counselor for input/sessions as appropriate to address the Father/son relationship issues at issue. Father shall continue to engage in and actively participate in his individual counseling as well. 9. Father shall continue to abide by the terms and conditions of the Amended Order of the Supreme Court dated March 27, 2008. 10. Upon request by Mother or her attorney, Father shall provide proof of attendance of Father's individual counseling and related substance abuse recovery sessions. 11. Upon request by Mother or her attorney, Father shall submit to a drug test provided that Mother bears the financial cost of said test. 12. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 14. A status update conciliation conference is hereby scheduled for August 13, 2008 at 9:00 am at the Fourth Floor of the Court of Common Pleas, Carlisl -PA 17013. B , J. } ?(?d ? I :? J ?Pr ggoZ T1tJ Y.,(,?,.i1r??'??S.r `_I_' ?v-'y4?1 ryfa?((-R3. Distribution: /ax J. Smith, Jr., Esq. n J. Mangan, Esq. 7o4C hLindsay, Esq. ` JAMES G. GAULT, Plaintiff V. MICHELLE L. HOLOBETZ, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5085 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCE13ATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CW1L PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madalynn J. Gault 07/22/1991 Father Jesse C. Gault 04/24/1998 Mother 2. A Conciliation Conference was held with regard to this matter on May 05, 2008, an Order was issued May 21, 2008 and an updated conference was held June 9, 2008 with the following individuals in attendance: The Mother, Michelle Holobetz, with her counsel, Max J. Smith, Jr., Esq. The Father, James Gault, Esq., with his counsel, Carol Lindsay, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo gan, Es re Cu tody Conciliat FEB 2 3 20 8(4 JAMES G. GAULT, IN THE COURT OF COMMON PLEAS OF Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELLE L. HOLOBETZ, NO. 01- 5085 CIVIL Respondent IN CUSTODY ORDER OF COURT AND NOW, this S day of r? 2009, the parties hereto having mutually reached an agreement as to the terms and provisions of the matters at issue in the pending custody matter, and the parties being desirous that this Court enter a Consent Order pursuant to Pa.R.C.P. 1915.7, and the parties having submitted a proposed Order bearing the written consent of the parties hereto as is required by Pa.R.C.P. 1915.7, it is hereby ORDERED and DIRECTED as follows: 1. The prior Orders of Court in regard to this matter are hereby VACATED. 2. LEGAL CUSTODY: The Father, James G. Gault, and the Mother, Mic#r L. Holobetz, shall have shared legal custody of Madalynn J. Gault, born 07-22-1991 and Jesse C. Gault, born 04241998. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, b not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious, or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent witNn such reasonable time as to make the records and information of reasonable use to the other parent. 3. PHYSICAL CUSTODY: Father shall have primary physical custody of Madalynn J. Gault subject to Mother's liberal partial physical custody as the parties agree. Mother shall have primary physical custody of Jesse C. Gault ("JCG" hereinafter) subject to Father's partial physical custody as follows: i l' a. Alternating weekends effective March 7, 2009 and thereafter; L Alternating weekends shall commence from Saturday morning at or about 11:30 a.m. until Sunday evening at or about 7:30 p.m.; ii. Father shall pick up JCG on Saturday mornings at or about 11:30 a.m. at JCG's place of residence, unless the parties have agreed to an alternate pick-up location; iii. Father shall deliver JCG on Sunday evenings at or about 7:30 p.m. at JCG's place of residence, unless the parties have agreed to an alternate delivery location. b. Overnights on every Tuesday effective March 10, 2009 and thereafter; i. Said overnights on Tuesdays shall commence at or about 4:00 p.m.; Father shall pick-up JCG at or about 4:00 p.m. at JCG's place of residence, unless the parties have agreed to an alternate pick-up location; ii. On the following morning every Wednesday, Father shall deliver JCG to his school immediately prior to class if school is in session; if school is not in session, Father shall deliver JCG to his residence no later than 9:00 a.m. on said Wednesday mornings, unless the parties have agreed to an alternate delivery location. c. Alternating weeks during summer school vacation; i. Alternating weeks shall commence with the second Sunday of the summer school vacation; ii. Father shall pick-up JCG on said alternating Sundays during summer school vacation at or about 5:00 p.m. at JCG's place of residence, unless the parties have agreed to an alternate pick-up location; iii. Father shall deliver JCG on the following said Sunday during summer school vacation at or about 5:00 p.m. at JCG's place of residence, unless the parties have agreed to an alternate delivery location; iv. The parties agree to take all reasonable measures such that JCG attends the same day camp facilities or other third party day-time location throughout his summer school vacation; this subsection is subject to any other agreement of the parties to an alternate day-time arrangement for the summer school vacation. 2 4. Schedules regarding the following major Holidays shall be as follows: a. Easter Sunday, Memorial Day, July e, Labor Day, and Thanksgiving Day shall be alternated between the parties. The times shall be from 9:00 a.m. until 7:00 p.m., unless agreed otherwise between the parties. This Holiday schedule shall commence with Mother enjoying custody on Easter Sunday 2009, Father enjoying custody Memorial Day 2009, and alternating the aforesaid holidays so forth thereafter; b. The Christmas holidays shall be in two segments: from Christmas Eve at 1:00 p.m. until Christmas Day at 1:00 p.m., and from Christmas Day at 1:00 p.m. until December 26"' at 1:00 p.m. The parties shall alternate custody of these two segments. Mother shall enjoy the first segment of the Christmas holidays in 2009, Father shall enjoy the second segment of the Christmas holidays in 2009, and the parties shall alternate said segments thereafter; c. Mother shall always have custody of the Children on Mothers Day and Father shall always have custody of the Children on Fathers Day; Father agrees to permit the Children to spend at least 4 hours with their stepfather on Fathers Day if so requested by Mother. d. This holiday schedule shall supercede any other custody schedule which would otherwise cause a schedule conflict. 5. Father shall have additional periods of partial physical custody of JCG as mutually agreed upon by the parties; the parties may alter or expand the times and days as mutually agreed. 6. All periods of partial physical custody of JCG enjoyed by Father shall not need to be supervised in any respect. 7. The custodial parent shall undertake reasonable measures to ensure that the child in their custody speaks with the non-custodial parent by telephone at least once a day during periods when the latter does not enjoy partial physical custody; said call can be initiated either by a parent or by the child; neither parent shall interfere with the nature or duration of any telephone call; the telephone calls shall not be on speaker phone or otherwise directly monitored by either parent. 8. The non-custodial parent shall receive reasonable prior notice of all school activities and functions, including, but not limited to, parent-teacher conferences, school pictures, and report cards. Said notices may be provided by the custodial parent or by school personnel. Both parents agree to execute any documents required by school personnel in order to effectuate the receipt of the provisions herein. 3 9. The custodial parent shall provide the non-custodial parent with reasonable prior notice of any extra-curricular activities, including, but not limited to, activities associated with any music, band, sports, or similar programs, leagues, or functions. 10. The parties shall provide each other with reasonable prior notice of all medical, dental, vision, psychological, therapy, or any similar appointments, and shall provide upon request copies of any documents or materials associated with any such treatment provided to the Children if said materials are available to the parent responsible for such treatment; consonant with shared legal custody, the parties agree that no decisions regarding the treatment of the Children shall be made unilaterally by the custodial parent and that the latter must obtain reasonable consent by the non- custodial parent prior to the child receiving any such treatment. In the event of a medical emergency, the custodial parent shall notify the other party as soon as practical after the emergency is handled. 10A. The parties agree that JCG must be given any prescription medications in strict compliance with doctor's orders. 11. Father shall continue to abide by the terms and conditions of the Amended Order of the Pennsylvania Supreme Court dated March 27, 2008. 12. Father shall continue to submit written copies regarding his compliance with the aforesaid Amended Order dated March 27, 2008 to Mother or to her attorney when he files his quarterly report forms with the Pennsylvania Supreme Court. To establish a more frequent reporting basis, Father shall submit written proof of individual counseling sessions and copies of his AA meeting attendance verification forms to Mother or to her attorney on or about the 5t?' of the month (e.g., the January AA meeting attendance verification will be submitted on or about the 5"' of February). Father shall also provide copies of verification of his individual counseling sessions to Mother, as well as copies of any documents provided by his individual counselor as to the counselor's treatment recommendations and Father's compliance therewith. Father shall be required to provide copies of the documents referenced in this paragraph to Mother as long as he is otherwise obligated to secure said documents. 13. In the event of a relapse (alcohol or drugs), or if Father deliberately fails to provide the documents as required in the foregoing paragraph after Mother has insisted upon strict compliance with the delivery of said documents, any periods of partial physical custody that Father would otherwise enjoy of JCG shall be revoked pending a custody conciliation conference which shall be held as promptly as possible in accordance with the local rules of court. 14. Upon request by Mother via her attorney, Father shall submit to a drug test as is customarily utilized by the county court system, provided that Mother bears the financial cost of said drug test. 4 15, In accordance with the applicable law and rules of civil procedure, the parties have acknowledged that this Court is the proper forum for all child custody proceedings for purposes of venue or otherwise. 16. By mutual agreement, the parses may modify the terms and provisions set forth herein by mutual consent. In the absence of a mutual agreement or mutual consent to such a modification, the terms and provisions of this Order shall control. I, James G. Gault, the Father of the Children, do hereby consent to the entry of the foregoing Order. 0 `?Q ---_ DATE Ja es G. Gault I, Michelle L. Holobetz, the Mother of the Children, do hereby consent to the entry of the foregoing Order. a?g? ? , k - ? Al at DATE av- o? ( Michelle L. Hol Betz BY 5 boIs tIr j UL a i 0 JAMES G. GAULT, Plaintiff V. MICHELLE L. HOLOBETZ, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-5085 CIVIL - CUSTODY CIVIL ACTION - LAW c ?. _0M M O c:)9 -{c o -n z? can., D ? ?c Zo ? -< w Pursuant to Pa.R.C.P. 1915.7 which provides for submission to the Court of a proposed Order regarding the parties' mutual agreement as to custody matters, the parties hereto submit the attached proposed Order of Court which bears the written consent of the parties. Kindly note that the Honorable Edward E. Guido has previously entered Orders in the above-captioned custody proceedings. DATE: ` / I es G. Gault, squire P Supreme ft d. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (410) 208-8453 jggault@comcast.net CERTIFICATE OF SERVICE I, James G. Gault, Esquire, do hereby certify that I served a copy of the foregoing Praecipe and accompanying proposed Consent Order this date by U.S. Mail, first class, postage prepaid, addressed to: Michelle L. Holobetz 121 Dove Court Hummelstown, PA 17036 DATE: f Z 2 ?t( 4es . Gau lt, Esquire reme Ct. Id. No. 49687 503 Magaro Road Enola, PA 17025 Tele: (410) 208-8453 jggault@comcast.net JAMES G. GAULT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 01-5085 CIVIL - CUSTODY MICHELLE L. HOLOBETZ, Defendant CIVIL ACTION - LAW ORDER OF COURT _Www-. AND NOW, this +4 VA . day of L Am"Ai , 20,JA pursuant to Pa.R.C.P. 1915.7, the parties hereto having mutually reached an agreement as to custody matters at issue, and the parties being desirous that the Court enter a Consent Order as permitted by said Rule, and the parties having submitted a proposed Order bearing their written consent as required by said Rule, it is hereby ORDERED and DIRECTED as follows: 1. The prior Orders of Court in regard to this matter are hereby vacated. 2. LEGAL CUSTODY: The Father, James G. Gault, and the Mother, Michelle L. Holobetz, shall have shared legal custody of their minor child, Jesse Carl Gault, born April 24, 1998. The parties shall have an equal right to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education, and religion. Pursuant to the terms of 23 Pa.C.S. § 5336, each parent shall be entitled to all records and information pertaining to the child including medical, dental, religious, or school records, as well as the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same or copies thereof with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. PHYSICAL CUSTODY: The Father shall have primary physical custody of the child subject to the Mother's partial physical custody as follows: A. Alternating weekends effective January 14, 2012 and thereafter: i. Alternating weekends shall commence from Saturday morning at 10:00 a.m. until Sunday evening at 7:30 p.m., unless the parties have agreed to alternate times of day; ii. The exchange location shall be at the commercial properties immediately off Exit 14 on Interstate 83 South (the "Leader Heights" exit onto Route 182) which currently includes a McDonalds restaurant and an adjacent convenience store and gas station, unless the parties have agreed to an alternate location; iii. On said Saturday mornings, the Father shall deliver the child to the Mother at said exchange location, and on said Sunday evenings, the Mother shall return the child to the Father at said exchange location, unless the parties have agreed to alternate times, dates, or locations; B. Alternating three (3) week periods during the child's summer vacation from school: i. Alternating three (3) week periods shall commence on the first Saturday of the child's summer vacation; ii. The parties shall exchange the child at the times and location set forth above, unless the parties have agreed to alternate times, dates, or locations. 2 4. The Mother acknowledges that the Father intends to reside in Bel Air, Harford County, Maryland commencing in January 2012, and, accordingly, the Mother agrees and consents to the child residing with the Father in the State of Maryland. 5. The Mother shall have additional periods of partial physical custody of the child as mutually agreed upon by the parties, and the parties may alter or expand the times and days as mutually agreed. 6. Unless the parties agree to an alternate arrangement with respect to a given holiday, the following schedule shall govern: A. Easter Sunday, Memorial Day, July 4t', Labor Day, and Thanksgiving shall be alternated between the parties. The times shall be from 9:00 a.m. until 7:00 p.m.. This holiday schedule shall commence with the Mother enjoying custody on Easter Sunday 2012, the Father enjoying custody on Memorial Day 2012, and alternating the aforesaid holidays so forth thereafter; B. The Christmas holidays shall be divided into two (2) segments: (i) from Christmas Eve at 1:00 p.m. until Christmas Day at 1:00 p.m., and (ii) from Christmas Day at 1:00 p.m. until December 26`h at 1:00 p.m. This Christmas holiday schedule shall commence with the Mother enjoying custody of the first segment of the Christmas holidays in 2012, and with the Father enjoying custody of the second segment of the Christmas holidays in 2012, and alternating the segments so forth thereafter; 3 C. The Mother shall always have custody on Mothers Day and the Father shall always have custody on Fathers Day; the Father agrees to permit the child to spend at least four (4) hours with his stepfather on Fathers Day if so requested by the Mother; and, D. This holiday schedule shall supercede any other custody provision which would otherwise create a schedule conflict. 7. The Mother shall receive reasonable prior notice of all major school activities and functions, including parent-teacher conferences, school pictures, and report cards. Said notice may be given by the Father or by the school. Both parents agree to execute any documents required by school personnel. 8. The Father shall provide the Mother with reasonable prior notice of any school-related extra-curricular activities, such as music, sports, and other similar programs. 9. The parties shall provide each other with reasonable prior notice of all medical, dental, vision, psychological, therapy, or similar health-related appointments, and shall provide upon request copies of any records or materials associated with any such treatment if same are reasonably available to the parent responsible for such treatment. In the event of a medical emergency, the custodial parent shall notify the other parent immediately. 10. The parties agree that that the child must be given all prescription medication as prescribed by his treating doctor. 4 11. With respect to child tax exemptions or child tax credits, the parties agree to comply with the internal Revenue Code and with all other applicable income tax laws, and therein the parties have agreed that the Father shall be entitled to claim the child on any and all future income tax returns (beginning with the 2012 tax year and thereafter) which are filed for any such future tax years occurring while the child remains in his primary physical custody. It is further agreed that the Mother shall be entitled to claim the child for the 2011 tax year. If the Mother has primary custody of the child in any years then she will be entitled to claim him on her income tax returns for those years. 12. In accordance with the applicable law and the Rules of Civil Procedure, the parties have acknowledged that this Court is the proper forum for all child custody proceedings and for purposes of venue or otherwise; moreover, the parties acknowledge that this Court is the proper forum for all present and future custody proceedings and for purposes of venue or otherwise regardless of how long the child has his primary residence in the state of Maryland. 13. The parties acknowledge that in the future they may seek to further modify the terms and provisions set forth herein by petition or by subsequent mutual consent; however, in the absence of mutual agreement, or in the absence of subsequent mutual consent and/or any further Order of this Court, the parties acknowledge and agree that the terms and provisions of the instant Consent Order shall control. 5 14. The parties acknowledge that each has had a reasonable opportunity to seek advice from independent legal counsel regarding this matter, and that each has given their written consent in this matter fully, willingly, and knowingly. I, James G. Gault, the Father of the child, do hereby consent to the entry of the foregoing Order. es G. Ga DATE I, Michelle L. Holobetz, the Mother of the child, do hereby consent to the entry of the foregoing Order. Mich We L. Holobetz DATE Based upon the parties' written consent and mutual agreement regarding the custody matters set forth herein, this Court hereby enters the foregoing Order. B THE C T, c-) c ? M? s?sR =-n I'll- NCB ? C) Distribution: N ? James G. Gault, 503 Magaro Rd., Enola, PA 17025 - PRO SE ' ? Michelle L. Holobetz, 121 Dove Ct., Hummelstown, PA 17036 - PRO SE &,p;es mQ.,jed i/s/!a xwL 6