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HomeMy WebLinkAbout03-3852IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET C. BOGOVIC, Plaintiff CIVIL ACTION - LAW VS. No. 63 .395 a CIVIL TERM BRIAN L. BOGOVIC, SR., Defendant IN DIVORCE COMPLAINT IN DIVORCE NEED TO DEFEND AND CLAIM RIGHTS You have been sued in Court for: [ X ] Divorce [ X ] Distribution of Property [ ] Child Support [ ] Annulment [ ] Alimony [ ] Custody/ Visitation [ ] Alimony pendente lite, counsel fees, costs and expenses 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 judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may loose money or property or 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: Office of the Prothonotary Cumberland County Court House One Court House Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE 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 Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGRET C. BOGOVIC, CIVIL ACTION - LAW Plaintiff No. CIVIL TERM Vs. BRIAN L. BOGOVIC, SR., IN DIVORCE Defendant NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling session are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGRET C. BOGOVIC, Plaintiff VS. BRIAN L. BOGOVIC, SR., Defendant CIVIL ACTION - LAW No. IN DIVORCE COMPLAINT IN DIVORCE CIVIL TERM AND NOW, comes the Plaintiff, Margaret C. Bogovic, by her Attorney, William A. Cornell, Esquire, and in filing this Complaint does seek to obtain a Final Decree in Divorce from the above-named Defendant and Distribution of Marital Property upon the grounds hereinafter more fully set forth: COUNTY 1 - SECTION 3301(c) 1. The Plaintiff is Margaret C. Bogovic, who resides at 185 Newberry Commons - # 342, Etters, York County, Pennsylvania, 17319. 4 2. The Defendant is Brian L. Bogovic, Sr., who resides at 4 Greenwood Drive, Middletown, Dauphin County, Pennsylvania 17057. 3. The Plaintiff has resided in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the commencement of this action. 4. The Defendant has resided in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the commencement of this action. 5. The Plaintiff and Defendant were married on November 6, 1999, in Steelton, Dauphin County, Pennsylvania. 6. There has been no prior action for divorce or annulment of the marriage filed by either party in this action in this or any other jurisdiction. 7. The Plaintiff has been advised of the availability of counseling and has the right to request that the Court require the parties to participate in counseling. 6. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Final Decree in Divorce from the bonds of matrimony. 5 COUNT II - Section 3301(d) 9. The Plaintiff incorporates by reference paragraphs 1 through 7 of this Complaint. 10. The parties to his action separated since at least December 30, 2002, and have continued to live separate and apart since that time. 11. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Final Decree in Divorce from the Bonds of Matrimony. COUNT III - EQUITABLE DISTRIBUTION 12. Plaintiff incorporates herein by reference paragraphs 1 through 8 of this Complaint. F 13. Plaintiff and Defendant possess various items of real and personal marital property, as well as marital debts which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests your Honorable Court to equitably distribute all marital property owned by the parties as well as all marital debts. Respectfully Submitted by: ro, & 4 William A. Cornell, Esquire Attorney for Plaintiff, Margaret C. Bogovic PA Attorney I.D. 37732 222 South Front Street Wormleysburg, PA 17043-1336 Phone: (717) 761-4755 Fax: (717) 761-3850 e-mail: w.oomell(Matt.net VERIFICATION I, Margaret C. Bogovic, verify that the statements made in this Complaint are true and correct. I understand that false statement made herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Signed: l? l?' l e v1(Jt/ Margaret C. Bogovic.;'Plaintiff Date: P/ a3 n -? 70 5 (D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGRET C. BOGOVIC, CIVIL ACTION - LAW Plaintiff 3gS VS. No63a CIVIL TERM BRIAN L. BOGOVIC, SR. Defendant IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as Attorney for the Plaintiff, Margaret C. Bogovic, in the above-captioned matter. (Z Lj?? I - WILLIAM A. CORNELL, ESQUIRE Attorney for Plaintiff PA Supreme Court ID # 37732 222 South Front Street Wormleysburg, PA 17043 Phone: 717-761-4755 Fax: 717-761-3850 e-mail: w.cornell@att.net C" 2 it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET C. BOGOVIC, CIVIL ACTION - LAW Plaintiff N0C)3-_t9s2 CIVIL TERM V8. IN CUSTODY BRIAN L. BOGOVIC, SR., Defendant COMPLAINT FOR CUSTODX You have been sued in Court for: [ ] Divorce [ ] Annulment [ ] Distribution of Property [ ] Alimony [ ] Child Support [ ] Alimony pendente lite, counsel fees, costs and (X ] Custody / Visitation expenses 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 judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may loose money or property or rights important to you, including custody and visitation of your children. When the ground for 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: Office of the Prothonotary Cumberland County Court House One Court House Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE 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 Two Liberty Avenue Carlisle, PA 17013 717-249-3166 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET C. BOGOVIC, CIVIL ACTION - LAW Plaintiff NO. CIVIL TERM V8. IN CUSTODY BRIAN L. BOGOVIC, SR., Defendant COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Margaret C. Bogovic, by and through her Attorney, William A. Cornell, Esquire, and requests This Honorable Court to grant her primary physical and shared legal custody of the minor child of the above-named parties and does more specifically aver the following: 1. Plaintiff is Margaret C. Bogovic, an adult individual currently residing at 185 Newberry Commons, # 342, Etters, York County, Pennsylvania, 17319. Within five (5) days of this filing the Plaintiff will move to a new residence located at 613 Canvas Beach Drive, Etters, York County, Pennsylvania 17319. 2. Defendant is Brian L. Bogovic, Sr., an adult individual whose last known current address is 4 Greenwood Drive, Middletown, Dauphin County, Pennsylvania 17057. 3 3. The parties are the natural parents of one (1) child, namely, Brian Lee Bogovic, Jr., who was born on August 23, 2000. 4. The child was not born out of wedlock. 5. For the past five years, or since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: Name Address Dates Margaret Bogovic 185 Newberry Commons Etters, PA Margaret Bogovic 3512 Beech Run Lane Mechanicsburg, PA Both Parents 3512 Beech Run Lane Mechanicsburg, PA 5/30/03 to present 12130/00 to 5/30/03 Birth to 12/30/00 6. The natural mother of the child is Margaret C. Bogovic who resides as aforesaid. She is and has been separated from the Defendant since December 29, 2002. 4 7. The natural father of the child is Brian L. Bogovic, Sr., whose last known address has been as aforesaid. He has been separated from the Plaintiff since December 30, 2002. 8. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with friends temporarily while having a new home constructed. The child, Brian Lee Bogovic, Jr., has resided with the mother since the parties separated. 9. The relationship of the Defendant to the child is that of natural father. The Defendant's last known address is as aforesaid and is also the home of his mother. Defendant has lived with his mother since the parties separated and it is unknown if Defendant has moved to any other location or lives with any other person(s) than his mother. 10. Plaintiff has not participated as a party or witness, or in any other capacity in any other litigation concerning custody of the child except that Plaintiff filed a Complaint for Child Support with the Domestic Relations Office of Cumberland County, Docketed as 00142 S 2003, PACSES Case Number 936105256 and did so while residing with the child at the marital residence in Mechanicsburg and after the parties had separated. 11. It is in the best interest and permanent welfare of the child to grant the relief requested because: a) Plaintiff has been and continues to be the primary custodian for the parties' child from the time of birth through present. b) Plaintiff has been and continues to be the primary custodian for purposes of planning and coordinating actions and decisions providing the child with physical, emotional, psycWogical, educational and social guidance and care. c) Plaintiff, by virtue of her highly specialized skill and training as a pediatric occupational therapist, is significantly better qualified to serve as custodial parent of the child. d) Plaintiff, by virtue of her self-employment and work from her home, is far better prepared to provide child with care, attention, companionship, guidance and affection. e) Defendant, by virtue of his primary day-time employment and his supplemental employment as a disc jocky in a bar until late hours is unable to provide give or provide the child with appropriate care and attention during normal hours. 6 f) Defendant did only begin to show greater interest in more or expanded visitation with the child after the support conference and realizing that support determinations were tied to the extent of custody and visitation and/or after being encouraged by others to seek greater visitation. 12. Plaintiff does not know any person or party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to Order a Custody Conciliation Conference followed by a hearing at which time Plaintiff should be granted primary physical and shared legal custody of the child. Tectfully mitted, 1 WILLIAM A. CORNELL, ESQUIRE Attorney for Plaintiff PA Supreme Court ID 37732 222 South Front Street Wormleysburg, PA 17043 Phone - 717-761-4755 Fax - 717-761-3850 e-mail - w.comell@aft. net 7 VERIFICATION I, Margaret C. Bogovic, verify that the statements made in this Complaint are true and correct. I understand that false statement made herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. A. Signed: Mar ret C. Bogovic, intiff Date: / 43 ?? Sm ?' .. ri ? ..b ( ? ? ' x ' ?s '^\ V ? ? t ) 1 \ VVV (1 n -? ?? - _ ) .. /D O . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET C. BOGOVIC, Plaintiff CIVIL ACTION - LAW VS. No. 03-3852 CIVIL TERM BRIAN L. BOGOVIC, SR., Defendant IN DIVORCE AFFIDAVIT OF SERVICE BY U.S. MAIL I, William A. Cornell, Esquire, Attorney for Plaintiff in the above-captioned matter, do say and affirm that I did mail and send to the above-named Defendant, Brian L. Bogovic, Sr., on August 8, 2003, by Certified Mail, Restricted Delivery, Return Receipt Requested, a true and correct date-stamped copy the above-captioned Complaint In Divorce which I filed with this Honorable Court on that same date. Attached hereto is the original U.S. Postal Service receipt verifying purchase of postage for the mailing and the signed and dated return receipt verifying Defendant's personal acceptance of the aforesaid Complaint on August 9, 2003. WILLIAM A. CORNELL, ESQ Attorney for Plaintiff PA Supreme Court ID 37732 222 South Front Street Wormleysburg, PA 17043-1336 Phone: 717-761-4755 Fax: 717-761-3850 e-mail: w.comell@att.net Date: Aja "21 2cc3 nborffWe items 1 'Q, Yid 3. Also complete item 4 N Restridea lkllvery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r?Gin L. 3orjo??c GHQ ??cao?-4 fir. I? C7 OS -I 2. Article Number (Renslar from service kW PS Form 3811, Mafioh 2001 CERTIFIED MAILTM RECEIF (Domestic Mail Only; No Insurance Covers, Domestic Return Receipt r3 M1 E 1fiNrM J7 rR Postage $ $0.83 PA certllbd Fee Q Relum Redept Fee (ErKlommem Required) Here C3 r=1 Resalcted Delivery Fee (Erdomemem Required) SO .N? ,?fr_ y ru Total Postage & Fees $ re-T? 08 r1J C3 0 Sent T. '?Zc, c? 1 4 ?' . _ ;?C w r'------ or PO Sm No. --- 102666-01-M-1424 CAMP HILL POST OFFICE CAMP HILL, Pennsylvania 170113717 08/08/2003 (800)275-8777 11:09:13 AM SIMMONS - Sales Receipt Product Sale Unit Final Description Oty Price Price MIDDLETOWN PA 17057 $0.83 First-Class Restricted Delivery $3.50 Return Receipt $1.75 Certified $2.30 Label Serial M: 70022410000410040546 Issue PVI: $8.38 Total: $8.38 Paid by: Cash $20.00 Change Due: -$11.62 Bi11N: 1000501452873 Clerk: 22 A. Received by (Plasm Print Clearly) D. 1 0 Agent address different f(wn 1? U Y64 :er delivery edtl 0 No'. 3. Service Type 0 Certified Mall 0 Express Mail 0 Registered 0 Return Receipt for Mercllandiss 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? ii Fee) to 02 2410 0004 1004 0546 mr+?? !r? cr _,c r - ? L' C_ °V _ C_.' ..7 y' C _ R C1l _a7 -< MARGARET C. BOGOVIC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 03-3852 CIVIL TERM BRIAN L. BOGOVIC, SR., : CIVIL ACTION - Defendant. : LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO: Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Please enter the appearance of Edward J. Mimnagh, Esquire, the undersigned, as counsel of record for Defendant, Brian L. Bogovic, Sr. Respectfully submitted, THE LAW OFFICES OF EDWARD J. MIMNAGH Date: u us V 13 2,C03 BY 203 West Caracas Avenue, Suite 201 Hershey, Pennsylvania 17033-2178 Telephone: (717) 534-2600 Fax: (717) 534-1344 Attorney for Defendant Attorney I D. # 87860 ?? - O v?{ ?? _, m ; : '? < :- , r..: r?i !`5 ? ? .? ? rr i (V -<. MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC, SR. DEFENDANT IN CUS'T'ODY ORDER OF COURT AND NOW, Thursday August 14, 2003 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _Dawn S. Sunday Esq. the conciliator, at 39 West Main Street, Mechanicsbur , PA 17055 on Wednesday, September 17, 2003 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ a w n S c, .I vso 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 "AVE 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 (71.7) 249-3166 ?? off.. ???aw }•c?a? F)l re f.? V MARGARET C. BOGOVIC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-3852 CIVIL ACTION LAW BRIAN L.BOGOVIC Defendant IN CUSTODY ORDER OF COURT AND NOW, this J'N day of o , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Margaret C. Bogovic and the Father, Brian L. Bogavic Sr., shall have shared legal custody of Brian Lee Bogavic Jr., born August 23, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Saturday at 9:00 am through Tuesday morning before daycare. B. The Father shall also have custody of the Child every Monday and Wednesday from after daycare through the following morning, when the Father shall transport the Child to daycare. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. 4. The parties shall submit themselves, their minor Child, and any other individuals residing with the parties to a course of family counseling to be conducted by a licensed psychologist specializing in Child development. The counselor shall be selected by agreement of the parties. The counseling shall include a minimum of eight sessions for which the parties shall equally share all costs. The purpose of the counseling shall be to obtain an assessment of the Child's ongoing adjustment to the custody situation and to obtain recommendations for ensuring that the Child's needs are met on an ongoing basis. 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, January 7, 2004 at 1:00 pm in order to review the custody arrangements and make any necessary adjustments following the family counseling. 6. This Order is entered pursuant to an agreement of the parties at 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. J. cc: 'lliam A. Cornell, Esquire - Counsel for Mother Edward J. Mimnagh, Esquire - Counsel for Father V ?Oa.Lu.Ja- io-o`t-a3 ???, e?n,!t?n??csr?r??;,f wS?6 J`J '.-!JUDO It".cC .; r ! s'0 ?. MARGARET C. BOGOVIC, Plaintiff VS. BRIAN L.BOGOVIC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian Lee Bogovic Jr. August 23, 2000 Mother / Father 2. A Conciliation Conference was held on October 2, 2003, with the following individuals in attendance: The Mother, Margaret C. Bogovic, with her counsel, William A. Cornell, Esquire, and the Father, Brian L. Bogovic Sr., and his counsel, Edward J. Mimnagh, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?o t, t/,, c2, 10.:23 Lu?,-A Date Dawn S. Sunday, Esquire Custody Conciliator MARGARET C. BOGOVIC Plaintiff VS. BRIAN L. BOGOVIC Defendant Aly-11,2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, thisY day of A, ? , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of this Court dated October 7, 2003 is vacated and replaced with this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Saturday at 9:00 a.m. through Tuesday morning before daycare. B. The Father shall also have custody of the Child every Monday and Wednesday from after daycare through the following morning, when the Father shall transport the Child to daycare. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. The Mother, Margaret C. Bogovic, and the Father, Brian L. Bogovic, shall have shared legal custody of Brian Lee Bogovic, Jr., born August 23, 2000. The parties agree that major decisions concerning their Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Child. With regard to any emergency decisions which must be made, the parent then having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have y copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the Child back in school, authorizing enrollment in college, authorizing their Child's driver's license or purchase of an automobile, authorizing employment, authorizing either the Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 4. The parties shall take the necessary steps to begin the transition from the Child's current attendance at the East Shore Montessori School to the West Shore: Montessori School on a gradual basis beginning with the 2004-2005 school year. The details of the transitional schedule shall be coordinated by the parties through the two schools, to ensure that the Child's needs are met throughout the transition process. The parties shall obtain confirmation in writing from the West Shore Montessori School when the Child's adjustment is complete. The parties agree that their objective is to enroll the Child full time in the West Shore Montessori School by January 2005. 5. The parties shall obtain an assessment from their current counselor, Sharon Starobin, M.S. as to which equally shared custodial arrangement (alternating full weeks, the current schedule with more frequent exchanges or some variation thereof) would best meet the Child's needs at the present time. The parties shall sign all authorizations deemed necessary by the counselor in order to obtain additional information pertaining to the Child from third parties, if necessary. The parties shall cooperate in scheduling all sessions in a timely manner and, as soon as practicable, shall obtain recommendations in writing from the counselor. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 8:30 a.m., and the Mother shall have custody from Christmas Day at 8:30 a.m. through December 26 at 8:30 a.m. B. New Year : In odd numbered years, the Father shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m. and the Mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years, the Mother shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the Father shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday period shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. D. Easter: The Easter holiday period of custody shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The Mother shall have custody of the Child on Easter in odd numbered years and the Father shall have custody in even numbered years. E. Memorial Day/July 4a /Labor Da : The periods of holiday custody on Memorial Day, July 4 and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holiday. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on July 4th. In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on July 4t . F. Trick or Treat Night: In odd numbered years, the Mother shall have custody of the Child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child for Trick or Treat Night in his community from 5:00 p.m. until 8:00 p.m. In the event Trick or Treat Night is scheduled on different evenings in the parties' communities, the parent who does not have custody of the Child under this provision, shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Du/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parents Birthdays: In every year, the Father shall have custody of the Child on May 10 for the Father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the Father's birthday, the Mother's Day holiday shall take precedence. The Mother shall have custody of the Child every year on June 30 for the Mother's birthday from 9:00 a.m. until 8:00 p.m. I. Child's Birthday: In odd numbered years, the Mother shall have custody of the Child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child on August 23 for the same time period. J. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedule, unless otherwise agreed between. the parties. 7. Each party shall be entitled to have custody of the Child for two non-consecutive weeks for vacation each year upon providing at least 30 days advance written :notice to the other party by letter or e-mail. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule periods of custody under this provision during the other party's holiday periods of custody unless otherwise agreed between the parties. Periods of custody under this provision shall be scheduled from Saturday at 9:00 a.m. through the following Saturday at 9:00 and shall begin on that party's regular weekend period of custody. Vacation time under this provision may not be accumulated or rolled over into a subsequent year unless otherwise agreed between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the Child can be contacted in the event of an emergency during vacation periods. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child asto the oth opmen er parent, or hamper the free and natural develt of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. In the event a dispute arises in connection with the Child's change of Montessori schools or within 60 days of receipt of the counselor's recommendations concerning the shared physical custody schedule, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference. 10. This order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual written consent. In the absence of mutual written consent, the terms of this Order shall control. BY Edward E. Guido J. cc: L Wliam A. Cornell, Esquire - Counsel for Mother ?Edward J. Mimnagh, Esquire - Counsel for Father o4 b p\ IV ?; ,,,?, ;?? ?,?, C ? ,; '7, . c, . i,-.? , -,;, =''- -', ?... .? ,;:;:, . . MARGARET C. BOGOVIC Plaintiff vs. BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMAIRY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: I. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian Lee Bogovic, Jr. August 23, 2000 Mother/Father 2. A conciliation conference was held on August 11, 2004, with the following individuals in attendance: The Mother, Margaret C. Bogovic, with her counsel, William A. Cornell, Esquire, and the Father, Brian L. Bogovic, with his counsel, Edward J. Mimnagh, Esquire. 3. The parties agreed to entry of an Order in the form as attached. An '?p 'goo `>/ ^ A C> Date l Dawn S. Sunday, Esquire Custody Conciliator LAW OFFICES OF EDWARD J. MIMNAGH EDWARD J. MMJNAGH, ESQUIRE Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, Pennsylvania 17033 Telephone:( 717) 534-2600 Email: mimnagh.law@verizon.net Attorney for Defendant/Petitioner Brian L. Bogovic MARGARET C. BOGOVIC, Plaintiff v. BRIAN L. BOGOVIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3852 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S PETITION FOR CONTEMPT AND SPECIAL RELIEF PURSUANT TO Pa.R.C.P.1915.13 AND NOW, comes the Defendant, Brian L. Bogovic, by and through his counsel, Edward J. Mimnagh, Esquire, and files this Defendant's Petition for Contempt and Special Relief Pursuant to Pa.R.C.P. 1915.13 against Plaintiff, Margaret C. Bogovic, and in support thereof, respectfully represents as follows: 1. Plaintiff, Margaret C. Bogovic (hereinafter referred to as "Mother'), is an adult individual who currently resides at 613 Canvasbach Drive, Etters, York County, Pennsylvania 17319. 2. Defendant, Brian L. Bogovic, Sr., (hereinafter referred to as "Father") is an adult individual who currently resides at 117 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Father and Mother (hereinafter collectively referred to as the "parties") are the biological parents of one - (1) minor male child namely, Brian Lee Bogovic, Jr., (hereinafter referred to as "Brian Jr."), born August 23, 2000. 4. Mother filed a Complaint for Divorce on August 8, 2003, docketed to the above term and number. 5. Mother filed a Complaint for Custody on August 12, 2003, also docketed to the above term and number. 2 6. That on October 7, 2003, The Honorable Edward E. Guido entered an Order awarding Father and Mother shared legal custody of their minor child, Brian Jr. A true and correct copy of Judge Guido's Order is attached hereto as Defendant's Exhibit "A", and made a part hereof by reference thereto. 7. On August 24, 2004, Judge Guido entered an Order again awarding Father and Mother shared legal custody of their minor child, Brian Jr. A true and correct copy of Judge Guido's Order is attached hereto as Defendant's Exhibit "B", and made a part hereof by reference thereto. 8. Paragraph 3 of Judge Guido's August 24, 2004, Order grants the parties joint legal custody of Brian Jr. Specifically, Paragraph 3 states in relevant part: "[e]ach party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other." 3 9. Father, upon information and belief, avers that Mother has willfully failed to abide by the Order as follows: a) Brian Jr. is currently enrolled at the Montessori School and Children's House (hereinafter referred to as "Montessori School") located at 5020 Ritter Road, Mechanicsburg, Pennsylvania, and attends classes Monday through Friday from 8:00 a.m. to 3:00 p.m.; b) Brian Jr. is also enrolled in before-school activities at the Montessori School from 7:15 a.m. to 8:00 a.m.; c) Brian Jr. is also enrolled in after-school activities at the Montessori School from 3:00 p.m. to 5:00 p.m.; d) On or about October 1, 2004, Mother removed Brian Jr. from the Commonwealth of Pennsylvania to a location undisclosed to Father. Mother failed to notify Father that she was taking Brian Jr. to the State of Maryland. Mother failed 4 to notify Father that both she and Brian Jr. had returned from Maryland at approximately 3:00 p.m. on Monday, October 4, 2004. e) On October 4, 2004, Mother, upon returning from the weekend in Maryland, dropped Brian Jr. off at the Montessori School at approximately 3:00 p.m. so that when Father picked up Brian Jr. after work, he would be misled into believing that Brian Jr. had been in school all day. f) Mother failed to notify the Montessori School's admissions department that Brain Jr. would be absent from school on Monday, October 4, 2004. g) Due to Mother's failure to notify the admissions department, Brian Jr. received an absent mark for Monday, October 4, 2004. h) Father did not learn that Mother had taken Brain Jr. to Maryland until the evening of Monday, October 4, 2004, when Brian Jr. himself 5 notified Father that he spent the weekend in Maryland at the home of individuals Brian Jr. identified as "Ben and Diane". i) On or about October 7, 2004, Father notified Mother via e-mail about his concerns regarding Mother's actions relative to Brian Jr. above-mentioned. Specifically, Father informed Mother that as per the Court's Order she is obligated to notify him and receive his consent before taking Brian Jr. out-of-state. j) Mother failed to respond to Father's email until October 12, 2004, when she stated that "she didn t think to inform [Father] ... because I think of the beach house as our second home." A true and correct copy of Mother's email is attached hereto as Defendant's Exhibit "C", and made a part hereof by reference thereto. k) Father is unaware that Brian Jr. had ever been to a "beach house" at any other time prior to October 1, 2004. 6 1) On Friday, October 29, 2004, approximately four weeks after the above incident took place, Mother again took Brian Jr. out of the Commonwealth of Pennsylvania to the State of New York. Mother again failed to notify Father before taking Brian Jr. out-of-state. Mother again failed to notify Father that she and Brian Jr. had returned from New York at approximately 4:00 p.m. on Monday, November 1, 2004. m) Again Mother dropped Brian Jr. off at 4:00 p.m. at the Montessori School with the aim of preventing Father from knowing that Brian Jr. had indeed spent the weekend in New York and to prevent Father from learning that Brian Jr. had missed another day of school. n) Mother again failed to notify the Montessori School's admissions department that Brian Jr. would be absent from school on Monday, November 1, 2004. 7 o) Brian Jr. again was marked absent. p) Father did not learn that Mother had taken Brain Jr. to the State of New York until the evening of November 1, 2004, when Brian Jr. again notified Father that he had missed school that day due to Mothers actions. q) Based on the content of Mother's e-mail dated October 12, 2004, attached, Father believes and therefore avers that there have been numerous occasions where Mother has previously removed Brian Jr. from the Commonwealth of Pennsylvania without his prior knowledge or consent and in direct contravention to her obligation under the Court's Order of August 24, 2004. r) Father believes and therefore avers, that based on Mother's course of conduct after Father enlightened Mother of her obligation under the Court's order of August 24, 2004, that Mother will continue to remove Brian Jr. from the Commonwealth of Pennsylvania without Fathers knowledge or consent. 8 10. Mother has willfully failed to comply with the custody provisions as required by this Honorable Court, in spite of the fact that she has been, and continues to be physically able to comply with the terms thereof. 11. Pennsylvania Rule of Civil Procedure 1915.13 provides as follows: At any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; the issuance of appropriate process directing that a child or a party or person having physical custody of a child be brought before the court; and a direction that a person post security to appear with the child when directed by the court or to comply with any order of the court. 12. On account of Mother's failure to abide by the Court's Order, Father has incurred substantial counsel fees and costs. 13. On account of Mother's disregard for Brian Jr.'s best interest, Father's legal custodial rights, and the provisions implicit in the Court Order, Mother should be responsible for Father's reasonable counsel fees and costs. 9 WHEREFORE, Father respectfully request that this Honorable Court schedule a hearing to address Father's Petition for Contempt and, following said hearing, enter an Order finding Mother in contempt and directing her to reimburse Father for all attorneys fees and costs incurred by Father in the preparation, presentation and hearing of this petition within ten -(10) days of being provided with an invoice from Father's counsel evidencing said attorneys fees and costs, and pending said hearing, to enter an order directing the following special relief to be made permanent after said hearing: a. Mother is prohibited from removing Brian Jr. from the Commonwealth of Pennsylvania unless she notifies Father in writing at least four -(4) days prior to her intended trip and Father provides Mother with his express written consent. b. Mother is prohibited from keeping Brian Jr. out of the Montessori School for reasons other than for illness, unless she receives express written consent from 10 Father and she instructs the Montessori School's admissions department accordingly. Date: November 11, 2004 Respectfully Submitted: LA ES OF ED D J. IM f +f By: EDWARD J. MI NAGH, ESQUIRE Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, Pennsylvania 17033 Telephone (717) 534-2600 Attorney for Defendant/ Petitioner Brain L. Bogovic 11 VERIFICATION I, BRIAN L. BOGOVIC, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: //-//-,H ` BRIAN L. BOG?c IC MARGARET C. BOGOVIC, Plaintiff vs. BRIAN L.BOGOVIC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT JA AND NOW, this day of , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Margaret C. Bogovic and the Father, Brian L. Bogavic Sr., shall have shared legal custody of Brian Lee Bogavic Jr., born August 23, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Saturday at 9:00 am through Tuesday morning before daycare. B. The Father shall also have custody of the Child every Monday and Wednesday from after daycare through the following morning, when the Father shall transport the Child to daycare. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. The parties shall share or alternate having custody of the Child on holidays as arranged by agreement. F= F=0VE OCT 8 2003 X. . 4. The parties shall submit themselves, their minor Child, and any other individuals residing with the parties to a course of family counseling to be conducted by a licensed psychologist specializing in Child development. The counselor shall be selected by agreement of the parties. The counseling shall include a minimum of eight sessions for which the parties shall equally share all costs. The purpose of the counseling shall be to obtain an assessment of the Child's ongoing adjustment to the custody situation and to obtain recommendations for ensuring that the Child's needs are met on an ongoing basis. 5. The parties and counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, January 7, 2004 at 1:00 pm in order to review the custody arrangements and make any necessary adjustments following the family counseling. 6. This Order is entered pursuant to an agreement of the parties at 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. BY T vURT, J. cc: William A. Cornell, Esquire - Counsel for Mother Edward J. Mimnagh, Esquire - Counsel for Father n [E 0 V E U OCT 8 200? w - TRUE ItJPY FROM RECORD In Testimor?u vhll? rcof, I here unto set my hand an he seal of sai Court arlisle, Pa. Prnitionot", 2004 AU Y1 MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC E= 0 C? Defendant IN CUSTODY a AUG 2 6 2004 ORDER OF COURT AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 7, 2003 is vacated and replaced with this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Saturday at 9:00 a.m. through Tuesday morning before daycare. B. The Father shall also have custody of the Child every Monday and Wednesday from after daycare through the following morning, when the Father shall transport the Child to daycare. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. The Mother, Margaret C. Bogovic, and the Father, Brian L. Bogovic, shall have shared legal custody of Brian Lee Bogovic, Jr., born August 23, 2000. The parties agree that major decisions concerning their Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Child. With regard to any emergency decisions which must be made, the parent then having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have y copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the Child back in school, authorizing enrollment in college, authorizing their Child's driver's license or purchase of an automobile, authorizing employment, authorizing either the Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 4. The parties shall take the necessary steps to begin the transition from the Child's current attendance at the East Shore Montessori School to the West Shore Montessori School on a gradual basis beginning with the 2004-2005 school year. The details of the transitional schedule shall be coordinated by the parties through the two schools, to ensure that the Child's needs are met throughout the transition process. The parties shall obtain confirmation in writing from the West Shore Montessori School when the Child's adjustment is complete. The parties agree that their objective is to enroll the Child full time in the West Shore Montessori School by January 2005. 5. The parties shall obtain an assessment from their current counselor, Sharon Starobin, M.S. as to which equally shared custodial arrangement (alternating full weeks, the current schedule with more frequent exchanges or some variation thereof) would best meet the Child's needs at the present time. The parties shall sign all authorizations deemed necessary by the counselor in order to obtain additional information pertaining to the Child from third parties, if necessary. The parties shall cooperate in scheduling all sessions in a timely manner and, as soon as practicable, shall obtain recommendations in writing from the counselor. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 8:30 a.m., and the Mother shall have custody from Christmas Day at 8:30 a.m. through December 26 at 8:30 a.m. B. New Years: In odd numbered years, the Father shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m. and the Mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years, the Mother shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 am., and the Father shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday period shall run from 9:00 am. until 8:00 p.m. on the holiday. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. D. Easter: The Easter holiday period of custody shall run from 9:00 am. until 8:00 p.m. on the holiday. The Mother shall have custody of the Child on Easter in odd numbered years and the Father shall have custody in even numbered years. E. Memorial Day/July O/Labor Day: The periods of holiday custody on Memorial Day, July 4h and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holiday. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on July 4 h. In even numbered years, the Mother shall have custodZ of the Child on Memorial.Day and Labor Day and the Father shall have custody on July 4 . F. Trick or Treat Night: In odd numbered years, the Mother shall have custody of the Child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child for Trick or Treat Night in his community from 5:00 p.m. until 8:00 p.m. In the event Trick or Treat Night is scheduled on different evenings in the parties' communities, the parent who does not have custody of the Child under this provision, shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parents' Birthdays: In every year, the Father shall have custody of the Child on May 10 for the Father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the Father's birthday, the Mother's Day holiday shall take precedence. The Mother shall have custody of the Child every year on June 30 for the Mother's birthday from 9:00 a.m. until 8:00 p.m. I. Child's Birthday: In odd numbered years, the Mother shall have custody of the Child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child on August 23 for the same time period. J. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedule, unless otherwise agreed between the parties. 7. Each party shall be entitled to have custody of the Child for two non-consecutive weeks for vacation each year upon providing at least 30 days advance written notice to the other party by letter or e-mail. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule periods of custody under this provision during the other party's holiday periods of custody unless otherwise agreed between the parties. Periods of custody under this provision shall be scheduled from Saturday at 9:00 a.m. through the following Saturday at 9:00 and shall begin on that party's regular weekend period of custody. Vacation time under this provision may not be accumulated'or rolled'over into a subsequent year unless otherwise agreed between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the Child can be contacted in the event of an emergency during vacation periods. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. In the event a dispute arises in connection with the Child's change of Montessori schools or within 60 days of receipt of the counselor's recommendations concerning the shared physical custody schedule, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual written consent. In the absence of mutual written consent, the terms of this Order shall control. BY Edward E. Guido J. cc: William A. Cornell, Esquire - Counsel for Mother Edward J. Mimnagh, Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony whereof, I here nto set my hand an ,;sea said ou`t arlisie, Pa. rr ?... ... ?d _ ..?...., r Page 1 of 1 Edward J. Mimnagh From: dara.delizio@comcast.net Sent: Tuesday, October 12, 2004 8:39 AM To: Ed Mimnagh Subject: Re: Brian (fwd) Margaret's response to our last email and our's back to her... Dara & Brian -------------- Forwarded Message: -------------- From: djbbrianb@comcast.net To: Margaret Gryczko-Bogovic <mgryczko@earthlink.net> Subject: Re: Brian Date: Tue, 12 Oct 2004 13:37:44 +0000 Thank you for keeping me informed of Brian's appointments. Would you please try to schedule his appointments for either before or after school (around 8am or after 3pm)? He really enjoys being at this school and I think it interrupts his day when he is taken out of school after already being there. We are willing to accomodate any appointment you make for him that you may be unable to take him to. I understand that you think of the beach house as your "second home". Regardless of that fact, it is still inappropriate for you to take Brian out of state without my knowledge. Also, regardless of whose custodial time it is, it is inappropriate for Brian to miss or be dismissed from school for any reason other than him being sick, to attend a doctor/dentist appointment, or if a family emergency arises (which we should inform each other of immediately so that arrangements may be made so he does not have to miss school). Brian -------------- Original message -------------- > Brian, > I wanted to remind you that Brian has a dentist appointment tomorrow > morning. I will be picking him up at school. Also, I wanted let you know that > I didn't think to inform you that I was taking Brian out of state because I > think of the beach house as our second home. As far as yesterday is conserved, > I was thinking that the day fell into my ccustodial time. His aunt was in from > New York City due to Columbia's break and she wanted to see Brian. > Margaret 11/10/2004 MARGARET C. BOGOVIC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3852 BRIAN L. BOGOVIC, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, EDWARD J. MIMNAGH, ESQUIRE, attorney for Defendant herein, do hereby certify that on this date I served the foregoing Defendant's Petition for Contempt and Special Relief Pursuant to Pa.R.C.P.1915.13 by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: William A. Cornell, Esquire 222 South Front Street Wormelsyburg, PA-17( 31 Date: November 11, 2004 By: EDWAR J. IMNAGH EDWARD J. MIMNAGH, ESQUIRE Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, PA 17033 Telephone:( 717) 534-2600 Attorney for Defendant/ Petitioner Brian L. Bogovic 12 -IIQL h 70 - r `? MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN L. BOGOVIC DEFENDANT 03-3852 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ]Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 21, 2004 at 2:30 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. 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: Daum S. Sunday, Esq. mhc 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 ,< ?V , V? % _h ° 0)- -C/ ?` ' { N "?' 330 ?n Z Nu v 1 7 ?W4 MARGARET C..BOGOVIC, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3852 BRIAN L. BOGOVIC, CIVIL ACTION -- LAW Defendant : IN CUSTODY ORDER OF COURT k [I Ii f!? III i III ?I I god ? . AND NOW, this SAday of J upon consideration of Defendant's Petition for Contempt of C,QustQdy _Order,??? u e or e ` o clock _. M., in Courtroom o. our Ouse quare, ar is e, BY -? ? - U ?..4:e.:.' 1 MARGARET C. BOGOVIC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-3852 CIVIL TERM BRIAN L. BOGOVIC, SR., CIVIL ACTION LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 8, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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 verifv 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 unswom falsification to authorities. Date: 1J 3I7 ,..,, ?s.< .. , =.' -_, ._. ?:?; -„ 0.;.'. -:: f: -? ?:?. MARGARET C. BOGOVIC, Plaintiff V. BRIAN L. BOGOVIC, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3852 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER & 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. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. ? DATE: 13e?lr ".?!i '.. l ?!1 ! fi V ? MARGARET C. GRYCZKO-BOGOVIC, Plaintiff V. BRIAN L. BOGOVIC, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3852 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT f IAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. 1. A Complaint in divorce under section 3301(d) of the Divorce Code was filed on August 8, 2003. 2. The parties to this action separated on December 30, 2002, and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: (?, C/ 'Y 1 i7? MARGARET C. GRYCZKO-BOGOVIC, Plaintiff V. BRIAN L. BOGOVIC, SR., Defendant TO THE PROTHONOTARY: Kindly withdraw my appearance on above-captioned actions. L 222 S. Front Street Wormleysburg, PA 17043 in the Kindly enter my appearance on behalf of Margaret Bogovic, Plaintiff in the above-captioned actions. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3852 CIVIL ACTION - LAW IN DIVORCE P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 (Fax) d ? C `?' ?? s.' i C7 J +? `'' ? ?j -yyc., -` I ? MARGARET C. BOGOVIC, Plaintiff VS. BRIAN L. BOGOVIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3852 CIVIL ACTION - LAW CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance J. as counsel for Brian L. Bogovic, Defendant in the above-captioned Date: August L, 2005 Edward J. nagh, wire I.D. No. 87 60 203 West Caracas Avenue, Suite 201 Hershey, PA 17033-1567 (717) 534-2600 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for Brian L. Bogovic, Defendant in the above-captioned matter Date: Au st 2 -Z , 2005 Max J. Smith, Jr., Esqu r I.D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 0 ?, ?n ?., a ' ? ? =?; R?r N . pr S?' ? W J r ^? t-i ?- ,- :.? .fir, ?... "; __ ? '? ??-?C,1 . . a - ? m <<. ? ..Z D =G Q ?`" •'.--i9s :31B;::'*9E!` aCc:=+AII{::?iltt.: 'i7K{%71Gr::;#?:r:;ilE? LYi r '?, •;:'•7 ab1'N?:'.iyy.={y{fit?.I':airLC":'1C:'N2 ----------- --- IN THE COURT OF COMMON P ? LEAS : OF CUMBERLAND COUNTY STATE OF PENNA. • Margaret C. Gryczko-Bogovic f No. .. 2003-3852 Versus Brian L. Bogovic, Sr. r - - II DECREE IN : DI V O R C E AND NOW . .......... .............3 ft.?M 3 ' . , it is ordered and v R decreed that Margaret C. Gryczko-Bogovic .............................................. plaintiff, . Brian L. Bogovic t and .............. 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 d been entered; 00 AJ .................................................................. . ........................... By t. i Attest: ... - _. :. ........... J Prothonotary r i 4@c'?tp::...1110 '9tb.: 41d, •AG •8G; `.M`• 'A'•...'•IIE• ' ?%? ??? ?? ?°? ?? mss' `? •. McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelvy(a)mwn.com Attorneys for Plaintiff MARGARET C. GRYCZKO-BOGOVIC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN L. BOGOVIC, SR., Defendant NO. 2003-3852 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND NOW, this St day of hQ(' 0('btA , 2005, comes the Plaintiff, Margaret C. Gryczko-Bogovic, now known as Margaret C. Myers, by and through her attorneys, McNees Wallace & Nurick LLC, and files this Petition to Enforce the Marital Settlement Agreement, and in support thereof avers as follows: 1. Plaintiff Margaret C. Gryczko-Bogovic, now known as Margaret C. Myers, is an adult individual with a current address of 2515 Overlook Street, York, York County, Pennsylvania. 2. Defendant Brian L. Bogovic, Sr, is an adult individual currently residing at 117 Ewe Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. On September 2, 2005, the parties entered into a comprehensive Marital Settlement Agreement, resolving all of the outstanding issues between them in the above- captioned divorce action. A true and correct copy of the Marital Settlement Agreement is attached hereto as Exhibit "A." LUMP SUM PAYMENT TO PLAINTIFF 4. In Paragraph 5.8 of the Marital Settlement Agreement, the parties agreed that Defendant would be required to make a cash payment to Plaintiff of $2,500, to be paid within 60 days of the signing of the Marital Settlement Agreement. See Exhibit "A." 5. During the 60-day period, Defendant neither offered to pay nor made any payment to Plaintiff towards his obligation under the Marital Settlement Agreement. 6. On November 8, 2005, Counsel for Plaintiff sent a letter to Defendant to remind him of his past-due obligation under the Marital Settlement Agreement to make the lump sum payment to Plaintiff. A true and correct copy of the letter dated November 8, 2005 is attached hereto as Exhibit T." 7. In his email dated November 15, 2005, Defendant informed Plaintiff that she "couldn't get water out of a dry well" and alleged that he would make payments to Plaintiff until his obligation was paid. A true and correct copy of the email dated November 15, 2005 is attached hereto as Exhibit "C." 8. At no point did Plaintiff agree to modify the Marital Settlement Agreement to allow Defendant to make payments to her. 9. Only after Plaintiff incurred counsel fees did Defendant make a $1000 payment to Plaintiff. 10. Defendant received significant assets under the parties' Marital Settlement Agreement in exchange for his obligations under the Agreement, including the lump sum payment to Plaintiff. 11. As of the filing of this Petition, Defendant still owes Plaintiff $1,500 to fulfill his obligation under the Marital Settlement Agreement. -4- ATTORNEYS'FEES 12. Paragraph 11 of the Marital Settlement Agreement states as follows: If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. Plaintiff has incurred $320.00 in counsel fees, costs and expenses as a direct result of Defendant's breach of the terms of the Marital Settlement Agreement and expects to incur additional counsel fees for the presentation of this petition. WHEREFORE, Plaintiff Margaret C. (Gryczko-Bogovic) Myers, respectfully requests that the Court grant the following relief pursuant to 23 Pa.C.S. §3502(e) and the terms of the Marital Settlement Agreement: 1. Order Brian L. Bogovic, Sr. immediately to pay to Margaret (Gryczko- Bogovic) Myers the remaining amount of $1,500 still outstanding under the terms of the Marital Settlement Agreement; 2. Order Brian L. Bogovic, Sr. to reimburse Margaret (Gryczko-Bogovic) Myers for all of her reasonable counsel fees, costs and expenses that she incurred as a direct result of Mr. Bogovic's breach of the terms of the Marital Settlement Agreement; and, 4. Any and all relief that the Court deems appropriate. McNEES WALLACE & NURICK LLC J. Pa Dated: rney 100 Pine Harrisb (717J3' (717)23-, ID 1166 facsimile -5- ?4 kj? ?+ ? MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this 2" day of 5-c-r?b"- , 2005, by and between MARGARET C. GRYCZKO-BOGOVIC, 613 Canvas Back Drive, Etters, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and BRIAN L. BOGOVIC, SR., 117 Ewe Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "Husband") WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 6, 1999 at Steelton, Pennsylvania, and are the parents of the following child: Name Date of Birth Brian L. Bogovic, Jr. August 23, 2000 WHEREAS, the parties separated on December 30, 2002; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by I l .. , each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, J. Paul Helvy, Esquire, of McNees Wallace & Nurick LLC, for Wife, and Edward J. Mimnagh, Esquire, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent -2- I , , ! jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 2003-3852. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for Wife shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Wife who will promptly file a -4- Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they were the joint owners of that certain house and lot and all improvements thereupon situated at 3512 Beech Run Lane, Mechanicsburg, Pennsylvania (the "marital residence"). Since separation, the parties have sold the marital residence and have divided the proceeds from that sale to their satisfaction. The parties do hereby set over, transfer and assign to the other party all right, title, claim and interest in and to all or any portion of the proceeds that the other party received from the sale of the marital residence. 5.2. Contents of Wife's Residence, Contents of Husband's Residence and Other Personal Propert y. 5.21. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of Wife's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the marital residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.2.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of Husband's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, -5- household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3. Wife's Pre-marital Real Propert y. The parties acknowledge that Wife is the owner of that certain house and lot and all improvements thereupon situated at Luce Street, Harrisburg, Dauphin County, Pennsylvania. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's pre-marital real property located at Luce Street, Harrisburg, Dauphin County, Pennsylvania. 5.4. Husband's Central Pennsylvania Teamsters Retirement Income Plan Account. The parties agree that Husband has a retirement account with Central Pennsylvania Teamsters Retirement Income Plan stemming from his employment with United Parcel Service. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's Central Pennsylvania Teamsters Retirement Income Plan account. 5.5. Wife's Federal Credit Union Account. The parties acknowledge that Wife is the owner of a Federal Credit Union account. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's Federal Credit Union Account. 5.6. 2000 Pontiac Firebird. The parties acknowledge that they are the joint owners of a 2000 Pontiac Firebird. The 2000 Pontiac Firebird shall hereafter be -6- the sole and exclusive property of Husband, subject to any and all liens and encumbrances. Wife agrees to execute any documents necessary to transfer title of the 2000 Pontiac Firebird to Husband. 5.7. Kay Jewelers Account Debt. The parties acknowledge that they are joint debtors on a Kay Jewelers account. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the balance on the Kay Jewelers account. 5.8. Cash Payment to Wife. Within sixty (60) days of the date of this Agreement, Husband shall make a cash payment in the form of a cashier's or certified check to Wife in the amount of $2,500. 5.9. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.10. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that -7- property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.11. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.12. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement.ig not intended to affect -8- the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. The parties acknowledge that Husband has paid the parties' outstanding 2000 IRS debt of approximately $10,000. For calendar year 2005, unless otherwise agreed, each party shall report the year 2005 earnings on the assets distributed to them on their respective federal, state and local tax returns for 2005. 5.13. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, -9- and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.14. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.15. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.16. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. -10- Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.17. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in -11- him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6. SPOUSAL SUPPORT/ALIMONY WAIVER. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party -12- shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 7. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 8. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 10. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 11. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such -13- breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 13. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Margaret C. Gryczko-Bogovic 613 Canvas Back Drive Etters, PA 17319 and to Husband, if made or addressed to the following: Brian L. Bogovic, Sr. 117 Ewe Drive Mechanicsburg, Pennsylvania 17055 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on -14- which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 16. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 17. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. -15- This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. 16- IN WITNESS WHEREOF, the parties hereto set their hands and seals on the -17- dates of their acknowledgments. Exk?i?fB . AWallace & Nurick LLC attorneys at law FILL UAPY J. PAUL HELW DIRECT DIAL: (717) 237-5343 E-MAIL AUORESS'. PHELVY@MW N.COM November 8, 2005 Max J. Smith, Jr. James, Smith, Dietrerick & Connelly LLP P.O. Box 650 Hershey, PA 17033 RE: Bogovic v. Bogovic Dear Max: Pursuant to paragraph 5.8 of the Marital Settlement Agreement entered into between the parties, your client owes my client $2,500.00. 5.8 states that this $2,500.00 payment is to be made within sixty days of the date of the agreement. Sixty days has come and passed. Please be advised that if this payment is not received within ten (10) days of the date of this letter, a Petition for Enforcement will be filed in which I will be requesting payment of attorney's fees. Very truly yours, McNEES WALLACE & NURICK LLC By q . Ra-l-d J. Paul Helvy J JPH/lbl cc: Margaret Myers e P.O. Box 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAx: 717.237.5300 • WWW.MWN.COM HAZLETON, PA • LANCASTER, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC ?? ??? ? L ----- Original Message ----- From: djbbrianb@com cast, net To: Margaret Myers Sent: Tuesday, November 15, 2005 11:54 AM Subject: Re: your mail We were only made aware of the same issues on Friday as you were on Thursday. There were a few items that happened on Friday that Ms. Dawn wanted to make you aware of, but as I stated, you had picked him up while she had to step out. The director does not know what happens in the classroom all day long. She would not be the proper person to find out behavior from. I suggested from the beginning that we should have Brian visit with a counselor. I offered to make appointments but you don't seem to listen to anyone else's opinion. I also agreed with the co-parenting and gave you my decision of who I would like to see. You dropped the issue so I just assumed you did not want to proceed. Brian informed us that he does not sleep in his bed at all at Ben's house. It is disturbing for you to continue this behavior. I am also aware that this behavior has been going on for a long time, while you were still living at your last residence.We have never had an issue with Brian getting out of his bed at night. He goes to his room by himself, we tuck him in, say our goodnights, and he is asleep in 15-20 minutes. Yes, he gets up to go to the bathroom on occasion, but goes right back into his bed. Yes, you mentioned to us at dinner about possibly having some vacation time around Christmas. My position stands. I do not think it is wise to alter the new custody schedule so soon. It is only fair for us to have the schedule in place so that we all get to spend time with Brian around the holidays. Not once did you contact me about the money. At this point, it really doesn't matter whether you are willing to make an agreement outside of the divorce decree or not. You can't get water out of a dry well. will send you a payment for what I can at this time and will continue to make payments until the $2500 is paid in full. Brian P.S. KinderCare is not a "daycare" it is a school. Please refer to it as such. .. CERTIFICATE OF SERVICE AND NOW, on this 511-?- day of ISO OYALVA _, 2005, I, Lynn B. Lowe, Secretary for J. Paul Helvy, Esquire, hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Edward J. Mimnagh, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 Max J. Smith, Esquire James Smith Dietrick & Connelly LLP P.O. Box 650 Hershey, Pa 17033 Brian L. Bogovic, Sr. 117 Eure Drive Mechanicsburg, PA McNEES WALLACE & NURICK LLC BY VLn I '?V Lynn B. Lc e, Secretary for J. Paul Helvy, Esquire -6- ?, (' A MARGARET C. GRYCZKO-BOGOVIC, Plaintiff V. BRIAN L. BOGOVIC, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2003-3852 IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ! day of , 2005, upon consideration of the Petition for Enforcement of Marital Settlement Agreement, a Rule is entered upon Defendant, Brian L. Bogovic, Sr., to show cause why the Petition should not be granted. This Rule is returnable a-0 days after service. J. -2- ? ? ?, }` l? `? °? 3 .? ? ?. '? r ,,, ,, n ? ?? MARGARET C. GRYCZKO- BOGOVIC, Plaintiff V. BRIAN L. BOGOVIC, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3852' CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Plaintiff, Margaret C. Gryczko-Bogovic, hereby withdraws her Petition for Enforcement of Marital Settlement Agreement with respect to the above-captioned matter. Dated: nIG I0f Respectfully submitted, McNEES WALLACE & NURICK LLC By J,OaLl Helv squire McNees allace & rick LLC 100 K Re Street P.O Box 116 Harr PA 17108 1166 (717) 232-8000 (717) 237-5300 Fax Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe was served by United States first-class mail, postage prepaid, upon the following: Edward J. Mimnagh, Esquire 203 West Caracas Avenue Suite 201 Hershey, PA 17033 Max J. Smith, Esquire James Smith Dietrick & Connelly LLP P.O. Box 650 Hershey, Pa 17033 Brian L. Bogovic, Sr. 117 Ewe Drive Mechanicsburg, PA Alt" Lynn Lowe, Secretary for J. Paul Helvy, Esquire Attorney for Plaintiff Date: * Iu?- ,? I'-? ?a ^`) I McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelvy(o)mwn.com Attorneys for Plaintiff MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS V. BRIAN L. BOGOVIC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3852 CIVIL ACTION- LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff, Margaret C. Bogovic, now known as Margaret C. Myers, by and through her attorneys, McNees Wallace & Nurick LLC, and hereby petitions the Court to modify the Order of Custody entered on August 24, 2004, and in support thereof, avers the following: 1. The Plaintiff is Margaret C. Myers (hereinafter "Mother'), who currently resides at 2515 Overlook Street, York, York County, Pennsylvania. 2. The Defendant is Brian L. Bogovic, Sr. (hereinafter "Father"), who currently resides at 117 Ewe Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties hereto are the parents of the following minor child: NAME PRESENT RESIDENCE D.O.B. Brian L. Bogovic, Jr. 2515 Overlook Street 8/23/00 York, PA 4. On August 24, 2004, the Court entered an Order of Court granting Mother primary physical custody, and the parties shared legal custody of the child, with Father having custody on alternating weekends from Saturday through Tuesday morning and every Monday and Wednesday overnight. A true and correct copy of the Order of Court dated August 24, 2004 is attached hereto as Exhibit "A," and is incorporated herein. 5. On December 30, 2005, the Court entered another Order requiring the parties to participate in a custody evaluation. 5. In 2005, the parties participated in the custody evaluation, which was performed by Kasey Shienvold, Psy.D. Dr. Shienvold recommended that Mother continue to have primary physical custody of the child, but that the schedule should be rearranged so that Father would have custody of the child Wednesday and Thursday overnights, and every other Friday and Saturday overnights to make the schedule less hectic. In addition, Dr. Shienvold recommended that the parties begin counseling with a co-parent counselor and that the child work with a child therapist. A true and correct copy of Dr. Shienvold's report dated July 11, 2005 is attached hereto as Exhibit "B," and is incorporated herein. 6. The parties implemented Dr. Shienvold's physical custody schedule in November 2005. To date, Father still is refusing to attend co-parent counseling. 7. In the fall of 2006, the child will begin attending kindergarten. 8. Mother has always been the child's primary caregiver, and continues to take the lead in scheduling appointments and providing for the child's health and welfare. 8. Mother believes that at the time the child begins kindergarten, it will be in the child's best interest to have Mother be his primary custodian during the school week. This arrangement will provide the child with a more stable environment than the current schedule. The current custody arrangement requires too much moving back and forth between the -2- parents' homes. It would be too disruptive to the child's schedule to switch from Mother's home to Father's home in the middle of the school week. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting Mother primary physical custody of the child during the week when the child begins kindergarten in Fall 2006. Respectfully submitted, McNEES WALLACE & NURICK LLC lil Y 7 I Dated: oI rney ID No. 53148 100 Pine Street Harrisburg, PA 171(L-11 (717) 232-8000 (717) 237-5300 facsimile Attorneys for Plaintiff -3- 01/04/2006 15:04 FAX 717 237 5300 MUNUN M8LLAUL d MUMIUK WJVV4/vva VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: I [ 1_I /a 61 Le-?-xl k ; b ?, ? A ?1112004 MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC Defendant IN CUSTODY ORDER OF COURT AND NOW, this g 'Y day of 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 7, 2003 is vacated and replaced with this Order. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Saturday at 9:00 a.m. through Tuesday morning before daycare. B. The Father shall also have custody of the Child every Monday and Wednesday from after daycare through the following morning, when the Father shall transport the Child to daycare. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. 3. The Mother, Margaret C. Bogovic, and the Father, Brian L. Bogovic, shall have shared legal custody of Brian Lee Bogovic, Jr., born August 23, 2000. The parties agree that major decisions concerning their Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day today decisions shall be the responsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Child. With regard to any emergency decisions which must be made, the parent then having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S.A 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have b copies of any reports or information given to either parry as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the Child back in school, authorizing enrollment in college, authorizing their Child's driver's license or purchase of an automobile, authorizing employment, authorizing either the Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 4. The parties shall take the necessary steps to begin the transition from the Child's current attendance at the East Shore Montessori School to the West Shore Montessori School on a gradual basis beginning with the 2004-2005 school year. The details of the transitional schedule shall be coordinated by the parties through the two schools, to ensure that the Child's needs are met throughout the transition process. The parties shall obtain confirmation in writing from the West Shore Montessori School when the Child's adjustment is complete. The parties agree that their objective is to enroll the Child full time in the West Shore Montessori School by January 2005. 5. The parties shall obtain an assessment from their current counselor, Sharon Starobin, M.S. as to which equally shared custodial arrangement (alternating full weeks, the current schedule with more frequent exchanges or some variation thereof) would best meet the Child's needs at the present time. The parties shall sign all authorizations deemed necessary by the counselor in order to obtain additional information pertaining to the Child from third parties, if necessary. The parties shall cooperate in scheduling all sessions in a timely manner and, as soon as practicable, shall obtain recommendations in writing from the counselor. 6. The parties shall share or alternate having custody of the Child on holidays as follows A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day at 8:30 a.m., and the Mother shall have custody from Christmas Day at 8:30 a.m. through December 26 at 8:30 a.m. B. New Years: In odd numbered years, the Father shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m. and the Mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years, the Mother shall have custody of the Child from New Year's Eve; at 9:00 a.m. through New Year's Day at 9:00 a.m., and the Father shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday period shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. D. Easter: The Easter holiday period of custody shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The Mother shall have custody of the Child on Easter in odd numbered years and the Father shall have custody in even numbered years. E. Memorial Day/July O'/Labor Day: The periods of holiday custody on Memorial Day, July e and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holiday. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on July 4a'. In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on July 4t . F. Trick or Treat Night: In odd numbered years, the Mother shall have custody of the Child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child for Trick or Treat Night in his community from 5:00 p.m. until 8:00 p.m. In the event Trick or Treat Night is scheduled on different evenings in the parties' communities, the parent who does not have custody of the Child under this provision, shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parents' Birthdays: In every year, the Father shall have custody of the Child on May 10 for the Father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the Father's birthday, the Mother's Day holiday shall take; precedence. The Mother shall have custody of the Child every year on June 30 for the Mother's birthday from 9:00 a.m. until 8:00 p.m. 1. Child's Birthday: In odd numbered years, the Mother shall have custody of the Child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child on August 23 for the same time period. J. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedule, unless otherwise agreed between the parties. 7. Each party shall be entitled to have custody of the Child for two non-consecutive weeks for vacation each year upon providing at least 30 days advance written notice to the other party by letter or e-mail. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule periods of custody under this provision during the other party's holiday periods of custody unless otherwise agreed between the parties. Periods of custody under this provision shall be scheduled from Saturday at 9:00 a.m. through the following Saturday at 9:00 and shall begin on that party's regular weekend period of custody. Vacation time under this provision may not be accumulated or rolled over into a subsequent year unless otherwise agreed between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the Child can be contacted in the event of an emergency during vacation periods. 8. Neither party shall do or say anything which may estrange: the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the fee and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. In the event a dispute arises in connection with the Child's change of Montessori schools or within 60 days of receipt of the counselor's recommendations concerning the shared physical custody schedule, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual written consent. In the absence of mutual written consent, the terms of this Order shall control. BY Edward E. Guido J. cc: William A. Cornell, Esquire - Counsel for Mother Edward J. Mimnagh, Esquire - Counsel for Father TRUE COPY FROM RECORD In T t mony where , I here nto set my hand Tod t eal of sai C t arlislea, /? of ?l. / + 13 MARGARET C. BOGOVIC Plaintiff VS. BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian Lee Bogovic, Jr. August 23, 2000 Mother/Father 2. A conciliation conference was held on August 11, 2004, with the following individuals in attendance: The Mother, Margaret C. Bogovic, with her counsel, William A. Cornell, Esquire, and the Father, Brian L. Bogovic, with his counsel, Edward J. Mimnagh, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator Riegler • Shienvold Elliot Riegler. Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. & Associates Melinda Gash, MS 2005 James Bash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW, 13CD Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales,ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LSV' l larvey H. Shapiro, MD William Dietrich. LCSW Sandra Wiley, LCSW CUSTODY EVALUATION BRIAN BOGOVIC, SR. VS. MARGARET 130GOVIC NO. 03-3852 Referred By: Court Order dated December 30, 2004 Referral Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial placement for Brian Lee Bogovic, Jr, born August 23, 2000. Individual Interviews: Brian Bogovic, Sr. 02124105, 03/11/05, 03/16/05, 4/05/05 Margaret Bogovic 03102/05, 03/15/05, 04/05105 04111/05, 05/02/05 DaraDelizio 04121/05 Parent/Child Observation: Brian Bogovic, Sr. 04'11/05 Margaret Bogovic 05/11/05 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) Brian Bogovic, Sr. Margaret Bogovic Dara Delizio State-Trait Anger Expression Inventory-2 (STAXI-2) Brian Bogovic, Sr. Margaret Bogovic Custody Instruments: Parenting Stress Index (PSI) 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 • Fax: (717) 540-1416 Bogovic v. Bogovic 2 Brian Bogovic, Sr. Margaret Bogovic Home Visits: Each parent's residence was evaluated for safety concerns and each parent was observed interacting with Brian, Jr. in the home setting. Additional Information: 1. A series of emails between Brian, Sr. and Margaret Bogovic related to Brian, Jr. 2. A typed list of concerns provided by Brian, Sr. The recommendations at the conclusion of this report are based on all of these sources of information. Background Brian and Margaret currently share physical and legal custody of their son, Brian Lee Bugovic, Jr. Under the current custody arrangement, Brian has periods of physical custody on Monday and Wednesday overnights and alternating Saturdays and Sundays with overnights. Margaret has physical custody of Brian, Jr. during all other times. That schedule has been in place since January 2004. Prior to that, each party reported that Margaret was the primary caretaker and that Brian had a liberal schedule of visitation since their separation in December 2002. Brian is seeking a week-on/week-off shared arrangement for custody. He feels that the new arrangement would limit the amount of transitions that Brian, Jr. is forced to make and increase his abilities to succeed academically and socially. Brian also noted concerns about the amount of structure Brian, Jr. receives at Margaret's house. Furthermore, Brian indicated that Margaret may be talking inappropriately to Brian, Jr. about Brian and his girlfriend, Dara. Brian also reported that Margaret is unwilling to be flexible with their relationship and the custody schedule with Brian, Jr. He stated that Margaret has to have things her way and is unwilling to compromise. Margaret stated that Brian, Jr. has very consistent rules and routines while at her house. Furthermore, Margaret denied talking negatively about Brian and Dara in front of Brian, Jr and expressed a desire to compromise with Brian on issues related to their son. Margaret indicated that she did not agree with Brian's assertion that changing the custody order is in their son's best interest. She reported that she was concerned about Brian's motivation for seeking a change. She stated that he is initiating; the change in order to avoid paying child support. She also noted that Brian has difficulty controlling his anger on occasion. Brian denied being motivated by financial reasons and also denied having difficulty with his anger. Bogovic v. Bogovic 3 History of Relationship Brian and Margaret met through a mutual friend when each was 22 years old. The couple reportedly dated off and on for four years before their relationship became serious. Brian and Margaret dated seriously for another two years before they moved in together. Each party reported a strong relationship with little or no arguing cr fighting. Brian and Margaret got engaged shortly after they moved in together in 1998. They were engaged for less than one year and got married in November, 1999. Margaret became pregnant on their wedding night. They reported that it was not planned but each party was excited and welcomed the news. Each parent's family was very supportive of the news and Brian, Jr. was born full-term without complications. Margaret indicated that she developed an infection following the birth of Brian, Jr. and required surgery to remove the infection. As a result, Margaret was unable to participate in many of the caretaking responsibilities of Brian, Jr. Brian, Sr. was responsible for taking care of both Margaret and their son. Margaret reported that Brian was very helpful during the time while Margaret was recovering from her surgery. Brian reported that problems began in their marriage when Margaret's sister lived with them for four months. Brian reported that his sister-in-law was a drain financially and that the added stress caused a lot more arguing between him and Margaret. Margaret agreed that there were more arguments between the parties. However, Margaret indicated that the problems arose because Brian was staying out all night after he would be done working as a disc jockey at a night club. Brian's mother initially provided daycare for Brian, Jr. when the couple returned to work after six weeks. However, Brian's mother was overwhelmed by the responsibility and Margaret and Brian were forced to place Brian, Jr. into a Montessorie School. According to Brian, the cost of daycare created the need for each party to work more hours and placed even more strain on the relationship. Margaret reported that Brian told her he did not want to be married anymore in November 2001. As a result, Margaret reportedly began shutting out her family to try to make Brain happier. She indicated that Brian was still not happy and began acting more angrily. She noted that he began to raise his voice when he was upset and that he would continue to stay out all night. Brian agreed that the relationship began to deteriorate but denied raising his voice and becoming angry and distant. Each party reported that the relationship continued to fall apart until Christmas, 2002 when Margaret took Brian, Jr. to her family's home for the holiday. Margaret indicated that Brian did not want to go with them to Scranton. Brian insisted that Margaret was Bogovic v. Bogovic unwilling to wait for him to get done with work. When Margaret returned after Christmas, she and Brian separated. The couple tried marriage; counseling in May 2003 but it was unsuccessful. It was during marriage counseling that Margaret reportedly discovered that Brian had been involved in an extramarital affair for more than one year. Brian Lee Bogovic, Jr. Brian, Jr. is a four-year-old boy current living with his mother and father in a shared custodial arrangement. Brian, Jr. is described by each of his parents as intelligent and loving. They report that he is socially reserved, and that he prefers to spend his time at home with his family. Each parent expressed concern over their son's behavior problems at school and indicated that he can be impulsive and overactive in an unstructured environment. His father also stated that he can be competitive and has a difficult time sharing with other children. Margaret indicated that Brian, Jr. has some sensory issues with touch and sound. She also noted that he has some balance; and coordination problems. Brian, Sr. denied significant behavior problems at home. Margaret indicated that Brian, Jr. can be demanding but that he is easily redirected when behaving inappropriately. However, they each reported that Brian, Jr. is on a behavior plan at school to contain inappropriate language and behavior. Both parents denied the use of physical discipline to correct Brian's inappropriate behavior. They reported the use of removal of privileges and discussions designed to help him learn more appropriate behaviors as their primary intervention techniques. Brian, Jr. reportedly suffers from allergies, asthma and acid relElux. Each party reported that Brian sees a homeopathic doctor in Maryland to help him with these problems. He is currently prescribed Prevacid and Singulair as well as the holistic medicines Probiotic and Cholostrum. There were no reports of other illnesses or significant injuries. Margaret and Brian, Sr. each indicated that Brian, Jr. eats well but is not willing to try new things. He is reported to enjoy cheeseburgers, hot dogs, pasta, carrots, cucumbers, tomatoes, and macaroni and cheese. They reported that he does not enjoy breakfast as much as lunch or dinner. Brian, Sr. and Margaret indicated bedtimes and routines that were very similar. Brian, Jr. goes to bed between 8:30 and 9:00 PM nightly. They each reported that he gets a bath before brushing his teeth and putting on his pajamas. After he gets ready for bed, each parent indicated that he is allowed to watch part of a movie until it is time to fall asleep. Margaret indicated that she has difficulty getting Brian, Jr. to stay in bed and noted that he often wants to climb into bed with her. Brian, Sr. denied having problems getting Brian, Jr. to bed. Each household's morning routines appear to be similar. Bogovic v. Bogovic 5 Brian, Sr. denied significant problems with Brian, Jr. after a transition from Margaret's home. He stated that Brian, Jr. pushes the rules slightly but he is easily redirected and the behavior lasts only a few hours. Margaret reported that Brian, Jr. does not always want to go to his father's house and will be hyper and difficult to manage when he returns from his father's. Brian, Jr. was brought into the office by each parent for an observation. Brian appeared very comfortable with each of his parents. He expressed a desire to be near them and wanted to have them each participate in his play. Margaret and Brian were each willing to engage Brian, Jr_ at his developmental level. Margaret stressed the educative component of their activities while Brian, Sr. was more involved in the creative components of Brian, Jr.'s games. Overall, both parents appeared competent and appropriate with Brian, Jr. during their observations and Brian, Jr. responded well to each parent. Brian Bogovic, Sr. Brian is the youngest of three children born to married parents in Harrisburg, Pennsylvania. Brian indicated that he did not have much of a relationship with his two brothers growing up because they are much older than he. He reported that he had a good relationship with his parents. Brian stated that his father had a stroke when Brian was nine years old from which he never fully recovered. He indicated that his father passed away from lung cancer when Brian was 25 years old. Brian claimed that he had a great relationship with his mother growing-up and that he remains very close to her. Brian reported that he was an average student in school. He indicated that he could have received higher grades but he never applied himself in the classroom. Brian noted that he was involved in baseball and football in school and that he had a large social network. Brian reported that he dated a lot in high school but he denied any long-term relationships. Brian reported that he got detention in high school for fighting on two occasions. He denied any other significant problems in high school. Brian indicated that he graduated high school in four years and began to attend Harrisburg Area Community College (HACC). He reported that he dropped out of HACC after noticing a posting for a job with the United Parcel Service (UPS). Brian noted that he also worked as a disc jockey for several night clubs in the Harrisburg area. He reported that he would disc jockey several nights a week while he was working at UPS during the day. Brian reported that he smokes eight to ten cigarettes daily. He denied smoking in front of Brian, Jr. Brian also indicated that he drinks socially. He denied drinking to intoxication. Brian noted that he tried marijuana as a teenager but denied an, current use of the drug. Brian denied the use of any other illegal drugs. Bogovic v. Bogovic 6 Brian denied ever having any legal problems. He denied any serious medical problems and reported that he had been in counseling with Margaret only after their separation. Brian presented as sociable and cooperative with the evaluator. He appeared to answer questions genuinely and thoroughly. Brian initially insisted that he did not want to talk poorly about Margaret but as the interviews continued he became more willing to criticize Margaret's parenting style and her interaction style with him and his girlfriend, Dara. Brian's responses to the MMPI-2 appear to be valid and suggest mild defensiveness. His profile suggests that Brian is verbally expressive and has adequate coping resources to deal with daily stressors. There are no indications of severe problems with anxiety or anger. Brian's profile on the STAXI-2 does not indicate the presence of chronic problems with the experience or expression of destructive anger. His responses suggest that he works hard to control both his internal experience of and his external expression of anger. It is likely that Brian is most often successful with his control, but may occasionally exhibit anger outwardly. Brian completed the Parent Stress Index (PSI) which evaluates potentially stressful characteristics of a child, i.e. Child Domain, and potentially stressful characteristics of a parent, i.e. Parent Domain. Brian's responses on the Child Domain suggest that he perceives his son as adaptable, easy to parent, and emotionally stable. On the Parent Domain, Brian's responses suggested a defensive responding pattern. Brian made significant effort to minimize any difficulties he might have in the parenting of his son. A home evaluation was completed at Brian's residence in May, 2005 The home visit was focused to observe an interaction between Brian, Jr. his father and Dara Delizio as well as to inspect the house to make sure that it is safe and appropriate for a child Brian's age. Brian lives in a split-level home in Mechanicsburg, PA. The house was clean and organized. Brian, Jr.'s bedroom was nicely decorated and child appropriate. Brian, Sr. indicated that he keeps two firearms in his home but that the ammunition is kept separately from the guns and that Brian, Jr. does not know where they are located. There was no indication of whether the weapons were kept under lock. Furthermore, examination of the residence disclosed that a lot of alcoholic beverages are kept in plain sight, as well as in the refrigerator. For the family activity, Brian, Jr. decided he wanted to play soccer in the backyard. Brian, Jr. appeared comfortable with his father and Dara. It was apparent from their interaction that the family plays together often. Both adults were very appropriate with Brian, Jr. and offered him compliments and gentle encouragement throughout the observation. Brian, Jr. responded well to them and appeared safe and secure in their care. Bogovic v. Bogovic 7 Margaret Bogovic Margaret is the second of six children born to married parents in El Paso, Texas. She reported that her family moved often because her father was in the military. Margaret noted that her family settled in Scranton, Pennsylvania when she was six years old. She indicated that she was always very close to her mother but that she had a strained relationship with her father because he was very strict. Margaret reported that when she would get in trouble she would be yelled at by her father. She denied the use of corporal punishment and stated that her father was "scary" enough to keep her from misbehaving. Margaret reported that currently she has an excellent relationship with all of her siblings and her parents. Margaret indicated that she was an average student in school, but she had learning problems. She reported that she attended parochial school and was involved in softball, dance, and student leadership. Margaret stated that she did not have a large group of friends growing up and denied any significant dating relationships during high school. She denied ever being punished for misbehavior in high school and denied ever being in any physical altercations. Margaret reported that she attended Elizabethtown College after high school to study occupational therapy. She indicated that she struggled early and nearly failed out but claimed that she focused more and finished strongly. Margaret indicated that as she got older, she became more comfortable socially and developed a large group of friends. She also indicated that she began to date more in college but denied having any significant relationships during this time. Margaret reported that after college she moved to Baltimore, Maryland for a job as an occupational therapist. She reportedly stayed in Baltimore for one year until she moved to Harrisburg, Pennsylvania to work for United Cerebral Palsy. Margaret indicated that she met Brian after she moved to Harrisburg. Margaret denied any history of legal problems. She indicated that she drinks rarely and does not drink to intoxication. Margaret reported that she drank on weekends when she was in her early twenties. She noted that she smokes one-half'of a pack of cigarettes daily, but denied smoking in front of Brian, Jr. or in the house. Margaret indicated that she tried marijuana in college but denied any regular use of the drug. She denied the use of any other illegal drugs. Margaret denied any significant illnesses or injuries. She reported that she takes medication for seasonal allergies and that she takes vitamin supplements. Margaret indicated that she was in individual counseling at the age of 23 because of stress caused by a number of changes in her life. She reported changes in her job, her living situation, her relationship and her finances. She denied any other individual counseling and denied being prescribed any medication. Margaret also indicated that she and Brian tried couples counseling at the end of their relationship, but it was unsuccessful. Bogovic v. Bogovic Margaret reported that she is in a dating relationship currently. She reported that she has been seeing her boyfriend, Ben Myers, for approximately one and a half years. She reported that Ben has very limited contact with Brian, Jr. and that he does not spend the night at her house during her periods of physical custody. She indicated that Ben and Brian, Jr. have had dinner together one time and that Ben went with Margaret and Brian, Jr. to her family's house for Easter this year. She denied any intentions of becoming more involved with Ben in the near future. Margaret presented as very cooperative with the evaluator. She was clearly concerned about Brian, Sr.'s motivations for pursuing the custody change. Margaret also had concern about Data's level of involvement in the daily decision making for Brian, Jr. Her responses to questions during the evaluation were thorough and well organized. Margaret's responses to the MMPI-2 appear to be valid and appear to indicate continuing feelings of resentment and hostility. These feelings are likely connected to situational dissatisfaction, sadness related to the custody conflict. Margaret appears to struggle currently with feelings of persecution and may be oversensitive and argumentative in certain situations. The feelings of persecution appear to be related to allegations directed at her secondary to the custody situation. There is also evidence to suggest that Margaret is not comfortable in large social settings and may be seen as shy or timid. Margaret also completed the STAXI-2. Margaret's profile suggests that she works hard to control her outward expression of anger. While there is no evidence suggesting that she displays anger in physical or destructive ways, it is likely that Margaret, at times, openly expresses her anger verbally by being sarcastic or shouting. Margaret completed the Parent Stress Index (PSI). On the Child domain Margaret indicated several problems with Brian, Jr.'s behavior. She noted that Brian, Jr. is often hyperactive and distractible. She described Brian, Jr. as demanding and often times moody. Margaret perceives that Brian, Jr. has a significant problem adapting to different situations. However, she reported that Brian is very reinforcing to her as a parent and that he is accepting of the structure given to his routine. On the Parent Domain Margaret noted that she does not feel that Brian, Sr. is cooperative as a parent and that she and Brian, Sr. lack the ability to work together effectively for Brian, Jr. A home visit was conducted at Margaret's residence in May, 2005. Margaret and Brian, Jr. live in a two-story townhouse in Etters, Pennsylvania. The interior and exterior of the home were in very good condition. The home was clean, neat, and child-safe. Brian's bedroom and bathroom were clean and child appropriate. Brian enjoys sleeping in a tent that was assembled in his room. Throughout the observation Brian was comfortable and affectionate with Margaret. Margaret was very consistent and appropriate with Brian during the observation even when it appeared Brian became over-stimulated. Margaret was consistently able to redirect his behavior, show patience, and set appropriate limits. Bogovic v. Bogovic 9 For their family activity, Brian and Margaret played together with Legos. They appeared very familiar with this activity suggesting that they interact in this manner on a regular basis. Overall, the interaction between Margaret and Brian was very positive and it was evident that Margaret is one of Brian's regular play partners and source of comfort and security. Dara Delizio Data is the younger of two children born to now divorced parents in York, Pennsylvania. She reported that her parents divorced when she was ten years old. Dara stated that she did not have a relationship with her father following the divorce until she was 21 years old_ She indicated that her childhood was good but that she had a difficult time dealing with her parents' divorce. Dara noted that she has a good relationship with her family now. Dara reported that she was an excellent student in high school but that she did not enjoy it. She noted that she was a distinguished honor student but decided not to go on to college. Dara indicated that she was involved in student council and speed skating during high school. She stated that she had a large circle of friends and that she had one significant dating relationship that lasted seven years. Dara reported that she began working at PHEAA after high school. She also indicated that she worked as a receptionist/customer service representative and a part-time bartender. She reported that she worked for Alternate Performance as a data analyst and account manager for the past six and a half years and that her current work schedule affords her flexible hours. Dara noted one significant dating relationship prior to meeting Brian, Sr. She reported that they began dating in high school and that they got engaged after graduation. She stated that the relationship ended because she was dissatisfied with the way he treated her. She denied leaving her fiance for Brian, Sr. Dara indicated that she has known Brian, Sr. for four years and that they met while he was working as a disc jockey at a night club. She indicated that she knew he was married when they began dating and that they had a physical relationship for one year prior to Brian and Margaret's separation. She reported that they currently live together and plan to get married sometime in the next year and a half. Dara denied a history of significant injuries or illnesses. She indicated that she attended a counseling session with Brian and Margaret but denied any individual therapy. Dara also denied taking any prescription medications. Dara denied any history of legal problems. She reported that she drinks only infrequently and denied drinking to intoxication. Dara denied smoking cigarettes and denied ever trying any illegal drugs. Bogovic v. Bogovic 10 Dara described Brian, Jr. as a well-behaved child. She indicated that he is able to abide by rules and structure provided to him. She admitted that he has trouble adapting during mid-week visits but felt that the behavior was attributed to his shuffling from household to household. She stated that Brian, Jr. calls her Dara and that he is comfortable with her. She stated that he only spends extended periods alone with her one night a week when Brian, Sr. is working as a disc jockey on Saturday nights. Dara indicated a desire to have a cooperative relationship with Margaret but indicated that it was not likely. She reported feeling that Margaret does not want to have a good relationship with her. Dara's responses on the MMPI-2 indicate an elevated level of defensiveness. It is likely that she is denying certain issues and sees herself as moral and virtuous. Her profile indicates that Dara has a high need for affection, but the clinical scales are well within normal limits. Conclusions and Recommendations: Brian, Sr. is seeking a modification to the current custody arrangement. He feels that Brian, Jr.'s behavioral issues at home and school are the result of the multiple transitions he is forced to make from household to household in a given week. He indicated that he believes a week-on/week-off custody schedule would provide Brian, Jr. with the stability and consistency needed to regulate his behavior. Brian, Sr. expressed significant concern over Margaret's unwillingness to work together with him on issues related to Brian, Jr.'s care and custody schedule. Brian, Sr. also noted that he feels Margaret's difficulties with Brian, Jr.'s behavior are a result of a lack of structure provided in her household. Margaret denied deliberately sabotaging a working relationship between her and Brian, Sr. She indicated that Brian's handling of situations and use of intimidation do not allow the two of them to work together. Margaret also denied having a lack of structure in her household. In fact, in describing her bedtime, mealtime, and morning time routines, Margaret noted a very similar structure and set of routines to those described by Brian. Margaret also demonstrated an ability to set structure during the observations of her and Brian, Jr. Margaret disagreed with Brian, Sr.'s claim that a week-on/week-off custody schedule would be in Brian, Jr.'s best interest. She stated that she feels the current custody schedule is effective in establishing a stable environment for Brian, Jr.. Margaret expressed concerns over Brian, Sr.'s motivation for pursuing the modification. She indicated that he is likely trying to lower his monthly child support payments. Margaret reported further concerns about Brian, Sr.'s use of anger and intimidation as a negotiating tactic. She feels that Brian, Sr. has an explosive anger problem. Lastly, Margaret indicated that she is uncomfortable with the amount of input Brian, Sr.'s girlfriend, Dara Delizio, has in the major decision making about Brian, Jr. Bogovic v. Bogovic I1 Brian, Sr. denied being motivated by money. He indicated a willingness to keep the child support the same even if he was granted increased time with his son. Brian also denied having difficulty with his anger. He reported that Margaret will communicate with him in ways to make him angry but that he works hard to remain calm. Brian also asserted that Dara is his fiance and is going to play a major role in Brian, Jr.'s life. He stated that he does not want Dara to be seen as Brian, Jr.'s mother, but reiterated her importance in the decision making process. This evaluation does not support the need for a change to the current custody arrangement. While it is likely that some of Brian, Jr.'s behavioral difficulty can be attributed to the frequent transitions he is exposed to under the current schedule, the impact of the chronic conflict on Brian, Jr. is probably a greater contributor to any problems he may be exhibiting. Certainly, the research supports that hypothesis. It has been demonstrated repeatedly that interparental conflict is causally related to adjustment problems in children, whereas custodial schedules have less impact, except in those cases of virtually no contact. Each parent was openly critical of the other parent during their individual interviews. Each described the other as angry, stubborn, and unwilling to compromise or cooperate. While it is likely that each parent has experienced similar responses from the other, neither parent demonstrated particularly good insight into the impact of their behavior on their son. They do not perceive their contribution to these hostilities, which only serve to create stress for Brian, Jr. As noted above, research indicates that children are very capable of picking up conflict that exists between their parents. Even if this conflict is not overtly expressed in front of the child, a sensitive child can feel isolated or anxious. Margaret's testing indicated that she can be rigid and argumentative. It appears that Margaret still harbors some of the anger experienced as a result of Brian's behavior at the end of their marriage. This unresolved anger and rigidity serve to inhibit the cooperative, co-parenting relationship necessary to effectively raise a child in a shared custody relationship. However, there is no evidence, nor should it be implied, that Margaret is inappropriate in her parenting of Brian, Jr. During her in-office parenting evaluation and the home observation, Margaret displayed appropriate structure and discipline in her interactions with Brian, Jr. Brian, Jr. is strongly attached to her and he appears secure in her company. Brian Sr.'s testing indicates that he is often defensive and lacks insight into the impact of his behavior on other people. This lack of awareness can create difficulties in relationships and make it significantly difficult to work with him effectively. Furthermore, it does not appear that Brian realizes the impact Dara has on the working relationship between he and Margaret. His attempts to insert Dara into the decision- making process around parenting issues only further exacerbates the conflicts that exist between the parents. Dara is an important figure in Brian, Jr.'s life and Margaret will have to accept her as a step-parent. However, Dara's role in major decisions and Brian's unwillingness to remove her from the equation is destructive to the process at this time and therefore damaging to Brian, Jr. Bogovic v. Bogovic 12 Given the nature of some of the behavior problems that Brian, Jr. experiences, a more structured environment is better for him than a less structured environment. The parents should investigate whether Brian, Jr.'s difficulties at school might be attributable to the Montessori's teaching philosophy. Information taken from their website (www.montessori.edu) advocates a very unstructured and individualized learning environment. By not placing him on a structured task and time schedule, Brian, Jr. is more likely to act out in inappropriate ways as a means of forcing greater structure. These factors might help to explain why his behavior is far worse at school than it is at home. Both parents seem to agree that Brian, Jr. is negatively affected by the number of transitions he experiences each week- It is likely that Brian, Jr. has greater difficulty acclimating to the number of transitions because of the lack of communication and cooperation between the parents. Research suggests that young children in divorce situations should have multiple contacts with each parent during a week to minimize separation anxiety and to maintain continuity in the child's attachments to their caregivers. Simultaneously, young children also benefit from stability in their lives. Stability for a child is created not only by the custody schedule, but by the predictable comings and goings of each parent, regular feeding and sleeping schedules, consistent and appropriate care, and affection and acceptance. The following recommendations are offered based on all factors considered during the evaluation, on the research cited, and on the need to balance :Frequency of contact with the need for stability in a four-year-old child: In order to eliminate some of the transitions Brian, Jr. experiences in a week, it is recommended that the custody schedule be amended such that Margaret have physical custody of Brian, Jr. overnight on Sundays, Mondays and Tuesdays. Brian would have physical custody of Brian, Jr. overnight every Wednesday and Thursday and the custody would alternate each Friday and Saturday night. The holiday schedule would remain the same. a. This modified schedule would eliminate two transitions per week for Brian, Jr., yet maintain his time with each parent. It would also prevent either parent from going more than five days without seeing Brian, Jr. 2. It is recommended that Margaret and Brian, Sr. begin counseling with a co- parent counselor. It is very important that they learn ways of communicating effectively and working together harmoniously for the benefit of Brian, Jr. Should these parents continue to work together in the maladapted style they have adopted, it could potentially cause more significant adjustment problems for their son. a. Initially it is important that Dara remain on the periphery in the co- parent relationship. However, it is important for her to become more involved as counseling progresses. Bogovic v. Bogovic 13 3. In light of the current information and findings, it is recommended that the parents look closely at the current daycare arrangement. The purpose of this is to determine whether or not the Montessori School is able to provide the right learning environment and structure for Brian, Jr. 4. Given the descriptions of Brian, Jr.'s behavior, it might be beneficial to have him and the parents work with a child therapist. The therapist will help Brian, Jr. eliminate the inappropriate language and behavior and educate the parents on more appropriate ways of dealing with the behavior. Date -tti , T) Kasey Shienvold, Psy.D. Licensed Psychologist Reviewed and approved by Arnold T. Shienvold, Licensed Psychologist: ??111r?s Date Arnold T. Shienvold, Ph.D. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true; and correct copy of the foregoing document was served by first-class mail upon the following: Max J. Smith, Jr. James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Lynn B. Lo e, Secretary for J. Paul HeIvy, Esquire Dated: 0 ?OI j a' -L MARGARET C. BOGOVIC N/K/A IN THE COURT OF COMMON PLEAS OF MARGARET C. MYERS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 17, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February. 21, 2006 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children aae five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By /s/ Dawn S Sunday, 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 AT'T'ORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TFIE 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 ? ?? ??? ? ?n?' ;.., „ t ,,;? ?_ c, i ic,;? .. s: ?, ,, . .?,: .?? ;?? MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS, Plaintiff/Petitioner V. BRIAN L. BOGOVIC, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3852 CIVIL ACTION - LAW CUSTODY ANSWER AND COUNTERCLAIM TO PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes the Defendant/Respondent, BRIAN L. BOGOVIC, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully responds to said Petition as follows: L-2. Admitted. 3. Admitted. By way of further response, as the parties share custody of Brian, the minor child also resides at 117 Ewe Drive, Mechanicsburg, Cumberland County, Pennsylvania. 4. Admitted in part, denied in part. It is admitted that the parties share legal custody with Father's custody schedule being set forth. It is denied that the Order of Court grants Mother primary physical custody, as the parties share custody of Brian on a nearly equal basis. 5. Admitted. 5. Denied. Nowhere in Dr. Shienvold's custody evaluation report does it state that Mother shall "continue to have primary physical custody of the child." Instead, the parties share custody of Brian on a nearly equal basis. 6. Denied. Respondent has never refused to attend co-parenting classes. At Petitioner's request, Respondent provided his choice of the counselor who would provide the co- parenting classes. It was agreed that Petitioner will schedule appointments with such recommended counselors chosen by Respondent, but Petitioner has failed to follow through with such. Admitted. 8. Denied. Respondent is a primary caregiver of Brian to at least the same extent that Petitioner has been providing care. Denied. The best interests of the child require that he continue to attend school in the school district in which Respondent resides. COUNTERCLAIM 9. Respondent hereby incorporates the responses to paragraphs 1-8 above as though same were set forth in full herein, noting the erroneous numbering of the paragraphs in the Petition filed by Mother, i.e., two numbered paragraphs five and two numbered paragraphs eight). 10. The parties continue to follow the Order of Court dated August 24, 2004, issued by the Honorable Edward E. Guido, which was entered during Brian's pre-school years, as later modified by Dr. Shienvold's recommendations. 11. The best interests and welfare of Brian require that Brian serve as the primary custodial parent at such time as Brian attends kindergarten. 12. As there have been significant changes in aspects of Petitioner's life since the date of Dr. Shienvold's report, July 11, 2005 (i.e., Petitioner has gotten married and has relocated a substantial distance from her former home), it is submitted that Dr. Shienvold should be consulted by the parties to update his evaluation. WHEREFORE, Respondent respectfully requests that the Petition to Modify Order dated August 24, 2004 be dismissed, and that Respondent's Counterclaim be granted, awarding primary physical custody of the minor child to Respondent. Date: January -h-, 2006 Respectfully submitted, JI J? `, l J LLL 111 i MAX J. SMITH, JR.,Zsquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer and Counterclaim 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. MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS n/k/a MARGARET C. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. : NO. 03-3852 BRIAN L. BOGOVIC, : CIVIL ACTION-LAW Defendant/Respondent : CUSTODY CERTIFICATE OF SERVICE AND NOW, this A- day of January, 2006, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant/Respondent, hereby certify that I have this day sent a copy of Answer and Counterclaim to Petition for Modification of Custody Order by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: McNees, Wallace & Nurick LLC Attn: J. Paul Helvy, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 MAX J. SMITH, JR., Es uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 z, a MARGARET C. BOGOVIC N/K/A MARGARET C. MYERS Plaintiff vs. BRIAN L. BOGOVIC Defendant RECEIVED MAR 0 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of l' ?wj? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated August 24, 2004 and December 30, 2004 are vacated and replaced with this Order. 2. The Mother, Margaret C. Myers (formerly Bogovic) and the Father, Brian L. Bogovic, shall have shared legal custody of Brian Lee Bogovic, Jr., born August 23, 2000. The parties agree that major decisions concerning their Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury or similar medical emergency or treatment concerning the Child. With regard to any emergency decisions which must be made, the parent then having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: Enrollment or termination in a particular school or school program, advancing or holding the Child back in school, authorizing enrollment in college, authorizing the Child's driver's license or purchase of an automobile, authorizing employment, authorizing either the Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 3. The parties shall submit themselves, their Child, and any other individuals deemed necessary to an updated, supplemental custody evaluation to be performed by Kasey Shienvold, Psy.D. The purpose of the supplemental evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs and interests of the Child in light of his impending enrollment in kindergarten for the 2006-2007 school year. The parties shall obtain initial recommendations, as soon as possible after initiating the supplemental evaluation, concerning custodial arrangements for the Child on Tuesday evenings when the Mother has custody under the current Order but is unavailable for a temporary period due to employment. Each party shall pay one-half of all costs associated with the custody evaluation initially and shall request that the evaluator designate the percentage or itemize the charges in such a way as to indicate whether the costs were incurred in relation to evaluating the Mother and her household or the Father and his household. In the event the costs are disproportionately incurred in evaluating either the Mother and her household or the Father and his household, the parties reserve the right, without prejudice, to request that the Court apportion the costs accordingly and require either party to reimburse the other in order to effectuate the appropriate distribution. 4. Pending further Order of Court or agreement of the parties, the parties shall share physical custody of the Child in accordance with the following schedule: In every week, the Mother shall have custody of the Child from Sunday at 7:00 p.m. through Wednesday at 8:15 a.m., when the Mother shall transport the Child to daycare/school and the Father shall have custody from Wednesday at 8:15 a.m. through Friday at 8:15 a.m., when the Father shall transport the Child to daycare/school. The parties shall alternate having custody of the Child on weekends from Friday at 8:15 a.m. through Sunday at 7:00 p.m. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day, when the Father shall transport the Child to the Mother's church for the 9:00 service, and the Mother shall have custody from Christmas Day at 9:00 a.m. through December 26 at 8:30 a.m. B. New Years: In odd numbered years, the Father shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the Mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years, the Mother shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the Father shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday period shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. D. Easter: The Easter holiday period of custody shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The Mother shall have custody of the Child on Easter in odd numbered years and the Father shall have custody in even numbered years. E. Memorial Da /July 4`h/Labor Day: The periods of holiday custody on Memorial Day, July 4`h and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holiday. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on July 4`h. In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day, and the Father shall have custody on July 4th. F. Trick or Treat Night: In odd numbered years, the Mother shall have custody of the Child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child for Trick or Treat Night in his community from 5:00 p.m. until 8:00 p.m. In the event that Trick or Treat Night is scheduled on different nights in the parties' communities, the parent who does not have custody of the Child under this provision shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parent's Birthdays: In every year, the Father shall have custody of the Child on May 10 for the Father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the Father's birthday, the Mother's Day holiday shall take precedence. The Mother shall have custody of the Child every year on June 30 for the Mother's birthday from 9:00 a.m. until 8:00 p.m. 1. Child's Birthday: In odd numbered years, the Mother shall have custody of the Child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child on August 23 for the same period. J. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedule, unless otherwise agreed between the parties. 6. Each party shall be entitled to have custody of the Child for two non-consecutive weeks for vacation each year upon providing at least 30 days advance written notice to the other party by letter or e-mail. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule periods of custody under this provision during the other party's holiday periods of custody unless otherwise agreed between the parties. Periods of custody under this provision shall be scheduled from Saturday at 9:00 a.m. through the following Saturday at 9:00 a.m. and shall begin on that party's regular weekend period of custody. Vacation time under this provision may not be accumulated or rolled over into a subsequent year unless otherwise agreed between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the Child can be contacted in the event of an emergency during the vacation period. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. S. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the address and telephone number where the Child can be contacted. Unless otherwise agreed between the parties, notice under this provision shall be given at least 24 hours in advance by e-mail. 9. Each party shall notify the other party of the address and telephone number of third parties who are providing care for the Child, other than individuals who are residing in the same household. 10. The parties shall communicate directly with each other, without the direct involvement of third parties, concerning major issues affecting the Child. 11. Counsel for either party may contact the conciliator within 60 days of receipt of the evaluator's written custody recommendations to schedule an additional custody conciliation conference, if necessary. 12. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, Edward E. Guido J. cc: J. Paul Helvy, Esquire - Counsel for Mother -- . ? n Max J. Smith, Jr., Esquire - Counsel for Father 3 7?0 6 //dd?? y MARGARET C. BOGOVIC N/K/A MARGARET C. MYERS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido 03-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian L. Bogovic, Jr, August 23, 2000 Mother 2. A custody conciliation conference was held on February 21, 2006, with the following individuals in attendance: The Mother, Margaret C. Bogovic (Myers), with her counsel, J. Paul Helvy, Esquire, and the Father, Brian L. Bogovic, with his counsel, Max J. Smith Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. CA, ?C0b ??aw A Date Dawn S. Sunday, Esquire Custody Conciliator RECEIVED JUL 0 MARGARET C. BOGOVIC N/K/A IN THE COURT OF COMMON PLEAS OF MARGARET C. MYERS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. 03-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1 day of 2006, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: urtroom ner 3 on the "? day of Co 1. A hearin in scheduledfi Av? 2006, at which time testimony will be taken. For the purposes of this hearing, the Mother, Margaret C. Myers shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position with respect to custody, a list of witnesses who are expected to testify at the hearing and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least one week prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated March 6, 2006, shall continue in effect. Edward E. Guido Cc: J. Paul Helvy, Esquire Max J. Smith, Jr., Esquire .7-/0-04 4?)- J. M MARGARET C. BOGOVIC Plaintiff VS. BRIAN L. BOGOVIC Defendant DEC 2 1 ?OG4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 1 , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 24, 2004 shall continue in effect as modified by this Order. 2. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the address and telephone number where the Child can be contacted. Unless otherwise agreed between the parties, notice under this provision shall be given at least 24 hours in advance by e-mail. 3. Each party shall notify the other party of the address and telephone number of third parties who are providing care for the Child, other than individuals who are residing in the same household. 4. The parties shall continue to abide by Paragraph 5 of the August 24, 2004 Order requiring the parties to obtain an assessment from a counselor. However, as agreed between the parties, the parties shall select a different counselor and contact the newly selected counselor by January 15, 2005 to schedule the first session. 5. The parties shall communicate directly with each other, without the direct involvement of third parties, concerning major issues affecting the Child. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the tenns of this Order shall control. B HE UR Edward E. Guido J. cc: V William A. Cornell, Esquire - Counsel for Mother ,/Edward J. Mimnagh, Esquire - Counsel for Father V JC -Uro a1 ?ry,•3 VIW,AI,ASNN3d ZZ.:6 WV OC 330 M AWIONOH108d 3141 30 301JJO0 3113 MARGARET C. BOGOVIC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido 03-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian Lee Bogovic, Jr. August 23, 2000 Mother/Father 2. A conciliation conference was held on December 21, 2004, with the following individuals in attendance: The Mother, Margaret Bogovic, with her counsel, William A. Cornell, Esquire, and the Father, Brian L. Bogovic, with his counsel, Edward J. Mimnagh, Esquire. 3. This Court previously entered an Order in this matter on August 24, 2004 under which the Father has custody of the Child on alternating weekends from Saturday through Tuesday and every Monday and Wednesday overnight, and the Mother has custody at all other times. The Father filed this Petition for Contempt alleging, among other things, that the Mother had violated an obligation to the Father to notify him before removing the Child from Pennsylvania during her periods of custody. 4. The parties agreed to entry of an Order in the form as attached resolving the Contempt Petition which was the subject of the conference. 5. It should be noted that at the conference the parties agreed that on Mondays and Wednesdays when the Child does not have school, the parties will cooperate in scheduling custodial time in a shared manner.? Date Dawn S. Sunday, Esquire Custody Conciliator MARGARET C. BOGOVIC N/K/A: IN THE COURT OF COMMON PLEAS OF MARGARET C. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BRIAN L. BOGOVIC, CIVIL ACTION - LAW Defendant NO.03-3852 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of August, 2006, all prior custody orders are vacated and replaced with the following: 1. The mother, Margaret C. Myers, (formerly Bogovic) and the father, Brian L. Bogovic, shall have shared legal custody of Brian Lee Bogovic, Jr., born August 23, 2000. The parties agree that major decisions concerning their child including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. I Each parent shall notify the other parent as soon as possible of any health problem, injury, or similar medical emergency or treatment concerning the child. With regard to any emergency decisions which must be made, the parent then having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: Enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing the child's driver's license or purchase of an automobile, authorizing employment, authorizing either the child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. School year. [Seven days before school begins until the day after school ends]: A. Mother shall have primary physical custody of the child. B. Father have have partial physical custody as follows: (i). Every other weekend from Friday after school until Sunday at 7:30 p.m. If there is no school on Monday, the visitation shall extend to 7:30 p.m. on Monday. (ii). Every Wednesday evening from after school until school begins the next morning. 3. Summer months. [the day after school ends until seven days before school begins] A. Father shall have primary physical custody of the child. B. Mother shall have periods of partial physical custody as follows: (i). Every other weekend from Friday at 5:00 until Monday at the commencement of day care. Provided, however, that if mother has Monday off from work, the partial custody shall extend until 7:00 p.m. (ii). Every Wednesday from 5:00 p.m. until Thursday at the commencement of day care. Provided, however, that if mother has Thursday off from work, the partial custody shall extend until 7:00 p.m. 4. The parties shall share or alternate having custody of the child on holidays as follows: A. Christmas: In every year the father shall have custody of the child from Christmas Eve at 9:00 a.m. through Christmas Day when the father shall transport the child to the mother's church for the 9:00 service, and the mother shall have custody from Christmas Day at 9:00 a.m. through December 26 at 8:30 a.m. B. New Years: In odd numbered years the father shall have custody of the child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years the mother shall have custody of the child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the father shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday period shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The father shall have custody of the child on Thanksgiving in odd numbered years and the mother shall have custody in even numbered years. D. Easter: The Easter holiday period of custody shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The mother shall have custody of the child on Easter in odd numbered years and the father shall have custody in even numbered years. E. Memorial Day/July 4th/Labor Day: The periods of holiday custody on Memorial Day, July 4th, and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holiday. In odd numbered years the father shall have custody of the child on Memorial Day and Labor Day and the mother shall have custody on July 4th. In even numbered years the mother shall have custody of the child on Memorial Day and Labor Day and the father shall have custody on July 4th. F. Trick or Treat Night: In odd numbered years the mother shall have custody of the child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. and in even numbered years the father shall have custody of the child for Trick or Treat Night in his community from 5:00 p.m. until 8:00 p.m. In the event that Trick or Treat Night is scheduled on different nights in the parties' communities, the parent who does not have custody of the child under this provision shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Day/Father's Day: In every year the mother shall have custody of the child for Mother's Day and the father shall have custody of the child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parent's Birthdays: In every year the father shall have custody of the child on May 10 for the father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the father's birthday, the Mother's Day holiday shall take precedence. The mother shall have custody of the child every year on June 30 for the mother's birthday from 9:00 a.m. until 8:00 p.m. I. Child's birthday: In odd numbered years the mother shall have custody of the child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years the father shall have custody of the child on August 23 for the same period. J. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedule unless otherwise agreed between the parties. 5. Each party shall be entitled to have custody of the child for one seven day non-consecutive period for vacation each year upon providing at least 30 days advance written notice to the other party by letter or e-mail. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule periods of custody under this provision during the other party's holiday periods of custody unless otherwise agreed between the parties. Periods of custody under this provision shall be scheduled from Saturday at 9:00 a.m. through the following Saturday at 9:00 a.m. and shall begin on that party's regular weekend period of custody. Vacation time under this provision may not be accumulated or rolled over into a subseqeunt year unless otherwise agreed between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the child can be contacted in the event of an emergency during the vacation period. 6. The parties shall immediately contact Deb Salem [or any other counselor mutually agreed upon] to start co-parent counseling. To the extent that the counseling is not covered by insurance, the parties shall share the cost equally. 7. Father shall immediately contact a counselor to arrange for counseling for the child. If the parties cannot agree upon a counselor, father shall obtain a written recommendation from Dr. Shienvold and make an appointment for the child. To the extent that the counseling is not covered by insurance, the parties shall share the cost equally. 8. Each party shall notify the other party of the address and telephone number of the third parties who are providing care for the child, other than individuals who are residing in the same household. ?J. Paul Helvy, Esquire For the Plaintiff ,lax J. Smith, Jr., Esquire For the Defendant lfh J O? q? ?0 VINWASWd AJNnnl 1 i i 14iq 6- 9AV 900Z Atfd1UN0}#t??3Hi d0 3?Ia MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS, P laintiff/Respondent v. BRIAN L. BOGOVIC, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3852 CIVIL ACTION -LAW CUSTODY PETITION TO MODIFY CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Defendant/Petitioner, BRIAN L. BOGOVIC, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Defendant/Petitioner is BRIAN L. BOGOVIC, who resides at 117 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff/Respondent is MARGARET C. MYERS, who resides at 2533 Alessandro Blvd., Harrisburg, Dauphin County, Pennsylvania. 3. Petitioner and Respondent are divorced and are the parents of one child, BRIAN L. BOGOVIC, JR., born August 23, 2000. 4. An Order of Court was issued on August 4, 2006 by the Honorable Edward E. Guido, granting the parties shared legal custody with respect to the minor child, and granting Respondent primary physical custody during the school year and granting Petitioner primary physical custody during the summer months, subject to each parties' rights of partial custody. (See copy of Order marked Exhibit "A", attached hereto and made part hereof). 5. The best interests and welfare of the minor child would be served by placing primary physical and shared legal custody of the minor child with Petitioner. 6. The minor child has resided at the following addresses for the past five (5) years: (a) From 2002 until 2003 at 17R E. Manor Avenue, Enola, Cumberland County, Pennsylvania with Father and step-mother. (b) From 2003 until present at 117 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania with Father and step-mother. (c) From 2002 until later 2002 at 7711 Farmdale Avenue, Harrisburg, Dauphin County, Pennsylvania with Mother and the Goodhart family. (d) From later 2002 until 2003 at 3511 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania with Mother. (e) From 2003 until 2005 at 613 Canvasbach, Etters, York County, Pennsylvania with Mother. (f) From 2005 until present at 2515 Overlook Street, York, York County, Pennsylvania with Mother and step-father. 7. Petitioner does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 8. Petitioner has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 9. Petitioner does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to him. WHEREFORE, Petitioner respectfully prays that your Honorable Court order that primary physical and shared legal custody of the minor child, BRIAN L. BOGOVIC, JR., be placed with Petitioner. Respectfully submitted, Date: May 2007 MAX J. SMITH, JR., squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. BRIAN L: BOGO Exhibit f4 MARGARET C. BOGOVIC N/K/A: MARGARET C. MYERS, Plaintiff V. BRIAN L. BOGOVIC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.03-3852 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of August, 2006, all prior custody orders are vacated and replaced with the following: 1. The mother, Margaret C. Myers, (formerly Bogovic) and the father, Brian L. Bogovic, shall have shared legal custody of Brian Lee Bogovic, Jr., born August 23, 2000. The parties agree that major decisions concerning their child including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury, or similar medical emergency or treatment concerning the child. With regard to any emergency decisions which must be made, the parent then having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: Enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing the child's driver's license or purchase of an automobile, authorizing employment, authorizing either the child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. School year. [Seven days before school begins until the day after school ends]: A. Mother shall have primary physical custody of the child. B. Father have have partial physical custody as follows: (i). Every other weekend from Friday after school until Sunday at 7:30 p.m. If there is no - school on Monday, the visitation shall extend to 7:30 p.m. on Monday. (ii). Every Wednesday evening from after school until school begins the next morning. 3. Summer months. [the day after school ends until seven days before school begins] A. Father shall have primary physical custody of the child. B. Mother shall have periods of partial physical custody as follows: (i). Every other weekend from Friday at 5:00 until Monday at the commencement of day care. Provided, however, that if mother has Monday off from work, the partial custody shall extend until 7:00 p.m. (ii). Every Wednesday from 5:00 p.m. until Thursday at the commencement of day care. Provided, however, that if mother has Thursday off from work, the partial custody shall extend until 7:00 p.m. 4. The parties shall share or alternate having custody of the child on holidays as follows: A. Christmas: In every year the.father shall have custody of the child from Christmas Eve at 9:00 a.m. through Christmas Day when the father shall transport the child to the mother's church for the 9:00 service, and the mother shall have custody from Christmas Day at 9:00 a.m. through December 26 at 8:30 a.m. B. New Years: In odd numbered years the father shall have custody of the child from New Year's Eve i at 9:00 a.m. through New Year's Day at 9:00 a.m., and the mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years the mother shall have custody of the child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the father shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday period shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The father shall have custody of the child on Thanksgiving in odd numbered years and the mother shall have custody in even numbered years. D. Easter: The Easter holiday period of custody shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The mother shall have custody of the child on Easter in odd numbered years and the father shall have custody in even numbered years. E. Memorial Day/July 4th/Labor Day: The periods of holiday custody on Memorial Day, July 4th, and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holidav. In odd numbered years the father shall have custody of the child on Memorial Day and Labor Day and the mother shall have custody on July 4th. In even numbered years the mother shall have custody of the child on Memorial Day and Labor Day and the father shall have custody on July 4th. F. Trick or Treat Night: In odd numbered years the mother shall have custody of the child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. and in even numbered years the father shall have custody of the child for Trick or Treat Night in his community from 5:00 p.m. until 8:00 p.m. In the event that Trick or Treat Night is scheduled on different nights in the parties' communities, the parent who does not have custody of the child under this provision shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Day/Father's Day: In every year the mother shall have custody of the child for Mother's Day and the father shall have custody of the child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parent's Birthdays: In every year the father shall have custody of the child on May 10 for the father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the father's birthday, the Mother's Day holiday shall take precedence. The mother shall have custody of the child every year on June 30 for the mother's birthday from 9:00 a.m. until 8:00 p.m. I. Child's birthday: In odd numbered years the mother shall have custody of the child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years the father shall have custody of the child on August 23 for the same period. J. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedule unless otherwise agreed between the parties. 5. Each party shall be entitled to have custody of the child for one seven day non-consecutive period for vacation each year upon providing at least 30 days advance written notice to the other party by letter or e-mail. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party 8. Each party shall notify the other party of the address and telephone number of the third parties who are. providing care for the child, other than individuals who are residing in the same household. J. Paul Helvy, Esquire For the Plaintiff ax J. Smith, Jr., Esquire F the Defendant :lfh TRUE aC? R4colto in T imottyuwherof, 1' hr ntp set my h?td renseal of vrt arlisle, L ..U,7,..... dal) of ... .y Edward E. Guido, J. MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS, Plaintiff/Respondent V. BRIAN L. BOGOVIC, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3852 : CIVIL ACTION -LAW : CUSTODY CERTIFICATE OF SERVICE AND NOW, this 2-? day of May 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant/Petitioner, hereby certify that I have this day sent a copy of Petition to Modify Custody by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: McNees, Wallace & Nurick LLC Attn: J. Paul Helvy, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 MAX J. SMITH, JRa4ui reI.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 r ..:t -NJ MARGARET C. BOGOVIC N/K/A IN THE COURT OF COMMON PLEAS OF MARGARET C. MYERS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN L. BOGOVIC DEFENDANT 03-3852 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 04, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, June 28, 2007 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. 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 4-? * -7 " */* Lo;? "f 0 Z :6 Wd ' - nP LODZ MAO!'N H I C ?14d aHl d4 JUN 862D07/Y/ MARGARET C. BOGOVIC N/K/A IN THE COURT OF COMMON PLEAS OF MARGARET C. MYERS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC Defendant IN CUSTODY ORDER OF COURT AND NOW, this A day of , 2007, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a supplemental custody evaluation to be performed by Kasey Shienvold. The purpose of the supplemental evaluation shall be to obtain independent professional recommendations concerning custody issues which have arisen since completion of the prior evaluation. The parties shall equally share all costs of the supplemental evaluation. 2. Within sixty (60) days of completion of the supplemental evaluation and receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional custody conciliation conference, if necessary. 3. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated August 4, 2006 shall continue in effect. BY Edward E. cc: Max J. Smith, Jr., Esquire - Counsel for Father y ?, a o J. Paul Helvy, Esquire - Counsel for Mother -L" J. 91 . I Wd LZ NA LOOZ ., JUN 2 b 2007 45 MARGARET C. BOGOVIC N/K/A MARGARET C. MYERS Plaintiff VS. BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian L. Bogovic, Jr. August 23, 2000 Mother/Father 2. A custody conciliation conference was held on June 22, 2007, with the following individuals in attendance: the Mother, Margaret C. Myers, formerly Bogovic, with her counsel, J. Paul Helvy, Esquire, and the Father, Brian L. Bogovic, with his counsel, Max J. Smith, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ] ) ? e- a? nQ -7 'J'=C2L? Date Dawn S. Sunday, Esquire Custody Conciliator FEB t6100?0' MARGARET C. BOGOVIC N/K/A IN THE COURT OF COMMON PLEAS OF MARGARET C. MYERS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. 03-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of l , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of therapeutic family counseling with Arnold Shienvold, Ph.D., or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing a co-parenting relationship to enable them to effectively address the Child's needs. The parties shall follow the recommendations of the counselor with regard to the participation of their spouses in the counseling process. The parties agree that neither party shall call the counselor as a witness in any future court proceedings in this matter. All costs of the counseling shall be shared equally between the parties. The parties shall contact the counselor within ten (10) days of the date of this Order to schedule the initial counseling sessions. 2. Paragraph 5 of the prior Order of this Court dated August 4, 2006 is modified to provide that periods of vacation custody shall be scheduled to run from Friday at 9:00 a.m. through the following Saturday at 7:00 p.m. 3. This Order is entered pursuant to an agreement of the parties at 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. cc:" J. Paul Helvy, Esquire - Counsel for Mother LAMax J. Smith, Jr., Esquire - Counsel for Mother OT ,;-rc „uv I mac. ?t 3 Edward E. Guido J. -, 4? ?`; ?'???? ? - =?.? '? _?.,,_R ?.., MARGARET C. BOGOVIC N/K/A MARGARET C. MYERS Plaintiff vs. BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian L. Bogovic, Jr. August 23, 2000 Mother/Father 2. A custody conciliation conference was held on February 20, 2008, with the following individuals in attendance: the Mother, Margaret Bogovic, now Myers, with her counsel, J. Paul Helvy, Esquire, and the Father, Brian Bogovic, with his counsel, Max J. Smith, Jr., Esquire.. 3. The parties agreed to entry of an Order in the form as attached. Date U Dawn S. Sunday, Esquire Custody Conciliator Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mis(ajsdc.com MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS, Plaintiff/Respondent V. BRIAN L. BOGOVIC, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3852 CIVIL ACTION - LAW CUSTODY PETITION TO MODIFY CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Defendant/Petitioner, BRIAN L. BOGOVIC, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Defendant/Petitioner is BRIAN L. BOGOVIC, who resides at 117 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff/Respondent is MARGARET C. MYERS, who resides at 2515 Overlook Drive, York, York County, Pennsylvania. 3. Petitioner and Respondent are divorced and are the parents of one child, BRIAN L. BOGOVIC, JR., born August 23, 2000. 4. An Order of Court was issued on August 4, 2006 by the Honorable Edward E. Guido, granting the parties shared legal custody with respect to the minor child, and granting Respondent primary physical custody during the school year and granting Petitioner primary physical custody during the summer months, subject to each parties' rights of partial custody. (See copy of Order marked Exhibit "A", attached hereto and made part hereof). 5. A subsequent Order of Court was issued by Judge Guido on February 27, 2008, which required the parties to participate in family therapeutic counseling under the guidance of Arnold T. Shienvold, Ph.D., and which slightly modified the Order of Court dated August 4, 2006. (See copy of Order marked Exhibit "B", attached hereto and made part hereof). 6. The best interests and welfare of the minor child would be served by placing primary physical and shared legal custody of the minor child with Petitioner, as Petitioner is the parent best-equipped to have custody of Brian Jr. during the academic year. 7. The minor child has resided at the following addresses for the past five (5) years: (a) From 2003 until present at 117 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania with Father and step-mother. (b) From 2003 until 2005 at 613 Canvasbach, Etters, York County, Pennsylvania with Mother. (c) From 2005 until present at 2515 Overlook Street, York, York County, Pennsylvania with Mother and step-father. 8. Petitioner does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 9. Petitioner has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 10. Petitioner does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to him. WHEREFORE, Petitioner respectfully prays that your Honorable Court order that primary physical and shared legal custody of the minor child, BRIAN L. BOGOVIC, JR., be placed with Petitioner. Date: January 2-0 , 2009 Respectfully submitted, ) tv4?6 MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. MARGARET C. BOGOVIC N/K/A: MARGARET C. MYERS,- Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN L. BOGOVIC, CIVIL ACTION - LAW Defendant NO.03-3852 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of August, 2006, all prior custody orders are vacated and replaced with the following: 1. The mother, Margaret C. Myers, (formerly Bogovic) and the father, Brian L. Bogovic, shall have shared legal custody of Brian Lee Bogovic, Jr., born August 23, 2000. The parties agree that major decisions concerning their child including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury, or similar medical emergency or treatment concerning the child. With regard to any emergency decisions which must be made, the parent then having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: Enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing the child's driver's license or purchase of an automobile, authorizing employment, authorizing either the child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. School year. [Seven days before school begins until the day after school ends]: A. Mother shall have primary physical custody of the child. B. Father have have partial physical custody as follows: (i). Every other weekend from Friday after school until Sunday at 7:30 p.m. If there is no school on Monday, the visitation shall extend to 7:30 p.m. on Monday. . (ii). Every Wednesday evening from after school until school begins the next morning. 3. Summer months. [the day after school ends until seven days before school begins] A. Father shall have primary physical custody of the child. B. Mother shall have periods of partial physical custody as follows: (i). Every other weekend from Friday at 5:00 until Monday at the commencement of day care. Provided, however, that if mother has Monday off from work, the partial custody shall extend until 7:00 p.m. (ii). Every Wednesday from 5:00 p.m. until Thursday at the commencement of day care. Provided, however, that if mother has Thursday off from work, the partial custody shall extend until 7:00 p.m. 4. The parties shall share or alternate having custody of the child on holidays as follows: A. Christmas: In every year the.father shall have custody of the child from Christmas Eve at 9:00 a.m. through Christmas Day when the father shall transport the child to the mother's church for the 9:00 service, and the mother shall have custody from Christmas Day at 9:00 a.m. through December 26 at 8:30 a.m. B. New Years: In odd numbered years the father shall have custody of the child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years the mother shall have custody of the child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the father shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday period shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The father shall have custody of the child on Thanksgiving in odd numbered years and the mother shall have custody in even numbered years. D. Easter: The Easter holiday period of custody shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The mother shall have custody of the child on Easter in odd numbered years and the father shall have custody in even numbered years. E. Memorial Day/July 4th/Labor Day: The periods of holiday custody on Memorial Day, July 4th, and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holiday. In odd numbered years the father shall have custody of the child on Memorial Day and Labor Day and the mother shall have custody on July 4th. In even numbered years the mother shall have custody of the child on Memorial Day and Labor Day and the father shall have custody on July 4th. F. Trick or Treat Night: In odd numbered years the mother shall have custody of the child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. ar_d in even numbered years the father shall have custody of tre child for Trick or Treat Night in his community from 5:00 p.m. until 8:00 p.m. In the event that Trick or Treat Night is scheduled on different nights in the parties' communities, the parent who does not have custody of the cr__ld under this provision shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Day/Father's Day: In every year the mother shall have custody of the child for Mother's Day and the father shall have custody of the child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parent's Birthdays: In every year the father shall have custody of the child on May 10 for the father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the father's birthday, the Mother's Day holiday shall take precedence. The mother shall have custody of the child every year on June 30 for the mother's birthday from 9:00 a.m. until 8:00 p.m. I. Child's birthday: In odd numbered years the mother shall have custody of the child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years the father shall have custody of the child on August 23 for the same period. J. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedule unless otherwise agreed between the parties. 5. Each party shall be entitled to have custody of the child for one seven day non-consecutive period for vacation each year upon providing at least 30 days advance written notice to the other party by letter or e-mail. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. Neither party shall schedule periods of custody under this provision during the other party's holiday periods of custody unless otherwise agreed between the parties. Periods of custody under this provision shall be scheduled from Saturday at 9:00 a.m. through the following Saturday at 9:00 a.m. and shall begin on that party's regular weekend period of custody. Vacation time under this provision may not be accumulated or rolled over into a subseqeunt year unless otherwise agreed between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the child can be contacted in the event of an emergency during the vacation period. 6. The parties shall immediately contact Deb Salem [or any other counselor mutually agreed upon] to start co-parent counseling. To the extent that the counseling is not covered by insurance, the parties shall share the cost equally. 7. Father shall immediately contact a counselor to arrange for counseling for the child. If the parties cannot agree upon a counselor, father shall obtain a written recommendation from D=. Shienvold and make an appointment for the child. To the extent that the counseling is not covered by insurance, the parties shall share the cost equally. 8. Each party shall notify the other party of the address and telephone number of the third parties who are. providing care for the child, other than individuals who are residing in the same household. J. Paul Helvy, Esquire For the Plaintiff ax J. Smith, Jr., Esquire F the Defendant :lfh TRUE +COPY FROM RECORD In T iMonyywhereof, I' hem ntp: sefiny hold I of urt arisle,, ... da of ... .M:. j ;award E. Guido, J. MARGARET C. BOGOVIC N/K/A MARGARET C. MYERS Plaintiff vs. BRIAN L. BOGOVIC Defendant 162W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 1 , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of therapeutic family counseling with Arnold Shienvold, Ph.D., or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing a co-parenting relationship to enable them to effectively address the Child's needs. The parties shall follow the recommendations of the counselor with regard to the participation of their spouses in the counseling process. The parties agree that neither parry shall call the counselor as a witness in any future court proceedings in this matter. All costs of the counseling shall be shared equally between the parties. The parties shall contact the counselor within ten (10) days of the date of this Order to schedule the initial counseling sessions. 2. Paragraph 5 of the prior Order of this Court dated August 4, 2006 is modified to provide that periods of vacation custody shall be scheduled to run from Friday at 9:00 a.m. through the following Saturday at 7:00 p.m. 3. This Order is entered pursuant to an agreement of the parties at 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. cc: J. aul Helvy, Esquire - Counsel for Mother Max J. Smith, Jr., Esquire - Counsel for Mother s°) Edward E. Guido J. MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS, Plaintiff/Respondent V. BRIAN L. BOGOVIC, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3852 CIVIL ACTION -LAW CUSTODY CERTIFICATE OF SERVICE AND NOW, this 2`0 day of January, 2009, I, MAX J. SMITH, JR., Esquire, Attorney MAX J. SMITH, JR. squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 for Defendant/Petitioner, hereby certify that I have this day sent a copy of Petition to Modify Custody by depositing a certified copy of the same in the United States mail, postage prepaid, at Hummelstown, Pennsylvania, addressed to: McNees, Wallace & Nurick LLC Attn: J. Paul Helvy, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 SJ -TI 1111 * ? r ' .1 Q MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, January 22, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, February 24, 2009 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es 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 SC :C Wd ZZ NVr b (1Z - crj 3 MAR 0 2 Zoo G, MARGARET C. BOGOVIC Plaintiff vs. BRIAN L. BOGOVIC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-3852 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ? AND NOW, this day of P.4"K/'Q` , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The parties shall resume participation in a course of therapeutic family counseling with Arnold Shienvold, PhD as provided in provision 1 of the prior Order of this Court dated February 26, 2008. The Father shall be responsible to contact Dr. Shienvold's office to coordinate the scheduling for the parties. 3. The parties agree that the Child shall undergo an evaluation by Mary Roman, PhD, and also by professionals at Therabilities, Inc. The Mother shall be responsible to coordinate the scheduling with Therabilities and the Father shall be responsible to coordinate the scheduling with Mary Roman. Both parties shall schedule the appointments at times when both parties are available to attend, unless otherwise agreed. 4. This Order is entered without prejudice to the Father's right to pursue his request for primary physical custody during the school year. The parties agree that they will attempt to resolve that issue by cooperation and agreement after they have participated in counseling with Dr. Shienvold to improve their communications and ability to address issues related to the custody schedule between themselves. In the event the parties are unable to resolve the primary custody issue and the Father believes the change in custody during the school year is still necessary to meet the needs of the Child, the Father's counsel may contact the conciliator to schedule an additional custody conciliation conference specifically to address that issue. / Edward E. Guido J. cc: /Paul Helvy, Esquire - Counsel for Mother Max J. Smith, Esquire - Counsel for Father 06pj"' rn?uL;L q1 %,'IMJA I NN3d oS :Zl Nd ?- HvN a A11 1.-tC"{7"Cd MARGARET C. BOGOVIC Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Brian L. Bogovic, Jr DATE OF BIRTH August 23, 2000 CURRENTLY IN CUSTODY OF Mother/Father 2. A custody conciliation conference was held on February 24, 2009, with the following individuals in attendance: the Mother, Margaret C. Myers, formerly Bogovic, with her counsel, J. Paul Helvy, Esquire, and the Father, Brian L. Bogovic, with his counsel, Max J. Smith, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator MCNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (fax) Email: phelvy@mwn.com FILED-Of RE OF THE pR0TFai0TAFY 2010 MAR -3 PM 3' 12 _A } rl ??''4i? 1 ` COOP ?\'? Attorneys for Plaintiff/Petitioner MARGARET C. BOGOVIC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN L. BOGOVIC, SR., Defendant NO. 2003-3852 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PETITION TO MODIFY CUSTODY AND NOW COMES Petitioner Margaret C. Bogovic Myers, by and through her attorneys, McNees Wallace & Nurick LLC, and files this Petition to Modify Custody with the Court and in support therefore, states: 1. Petitioner Margaret C. Bogovic Myers is an adult individual who resides at 2515 Overlook Drive, York, York County, Pennsylvania. 2. Respondent Brian L. Bogovic, Sr. is an adult individual who resides at 117 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are divorced and are the parents of one child, Brian L. Bogovic, Jr., born August 23, 2000. 4. On August 4, 2006, a Custody Order was entered by the Honorable Edward E. Guido, granting the parties shared legal custody with respect to the minor child and granting Mother primary physical custody during the school year, and Father P63-06 1'?:L 1W 1? .2383 ?7 primary physical custody during the summer months subject to each party's right of physical custody. A true and correct copy of said Order is attached hereto and marked Exhibit "A." 5. A subsequent Order of Court was issued by Judge Guido on February 27, 2008, which required the parties to participate in family therapeutic counseling under the guidance of Arnold Shienvold, Ph.D., and which slightly modified the Order of Court dated August 4, 2006. A true and correct copy of the Order is attached hereto and marked Exhibit "B." 6. Mother has been concerned regarding the parties' minor child's behavior issues for quite some time. These issues have adversely impacted the minor child's school performance. 7. The parties ultimately agreed to have a neuropsychological evaluation of the minor child conducted in order to obtain more information regarding the nature of his difficulties. 8. On November 10, 2009, a neuropsychological evaluation report was issued by Mary J. Roman, Ph.D., a licensed psychologist, which set forth the diagnosis for the minor child as well as a series of recommendations to assist the minor child. 9. Mother has attempted, without success, to obtain cooperation from Father regarding the implementation of the various recommendations that have been made. 10. A recent example of Father's refusal to cooperate with Mother's efforts to implement the psychologist's recommendations is found in an email from Father dated February 17, 2010, wherein Father finally responds to Mother's repeated requests for action. Mother's concerns with Father's email are as follows: 2 A. Father indicates that he believes that they should "follow Dr. Roman's recommendation and further investigate the root of Brian's difficulties in order to determine the best course of action to help support Brian's successes academically, emotionally and behaviorally." This was somewhat nonsensical in that Dr. Roman's report does not suggest that they further investigate the root of their son's difficulty. To the contrary, it sets forth clearly a defined course of action to support Brian's success. B. Father states that he is "strongly opposed to implementing multiple interventions simultaneously." Again, this is disconcerting to Mother in that both Brian's school and the psychologist have recommended a multifaceted approach to assisting the minor child with his difficulties, including counseling, a behavioral specialist consultant for 3 hours per week, a therapeutic staff support person at the school for 10 hours per week, the implementation of a 504 plan, and a series of parent and teacher- oriented suggestions that would help the minor child with his difficulties. 11. Over three months have passed since Dr. Roman issued her report and no progress has been made to implement Dr. Roman's recommendations. 12. Mother believes and therefore avers that in the absence of a Court Order authorizing Mother to obtain the assistance for Brian which has been recommended by both the school and the psychologist that she will be unable to provide the minor child with the assistance that he desperately needs. 3 WHEREFORE, Mother respectfully requests this Honorable Court to enter an Order which will grant her the ability to implement the recommendations which have been made by the school and Dr. Roman to the benefit of this minor child. Respectfully submitted, McNEES WALLACE & NURICK LLC By Attorneys for Dated: March 2, 2010 4 1 i j i MARGARET C. BOGOVIC N/K/A: IN THE COURT OF COMMON PLEAS OF MARGARET C. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BRIAN L. BOGOVIC, Defendant CIVIL ACTION - LAW NO.03-3852 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of August, 2006, all prior custody orders are vacated and replaced with the following: 1. The mother, Margaret C. Myers, (formerly Bogovic) and the father, Brian L. Bogovic, shall have shared legal custody of Brian Lee Bogovic, Jr., born August 23, 2000. The parties agree that major decisions concerning their child including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward cbtaining and following a harmonious policy in the child's bes_ .interest. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be cf concern to the other. Day-to-day decisions shall be the restionsibility of the parent then having physical custody. Each parent shall notify the other parent as soon as possible of any health problem, injury, or similar medical emergency or treatment concerning the child. With regard to any emergency decisions which must be made, the parent then having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent authorized by statute. Mutual agreement shall be made, in advance, regarding the following matters: Enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing the child's driver's license or purchase of an automobile, authorizing employment, authorizing either the child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. School year. [Seven days before school begins until the day after school ends]: A. Mother shall have primary physical custody of the child. B. Father have have partial physical custody as follows: (i). Every other weekend from Friday after school until Sunday at 7:30 p.m. If there is no school on Monday, the visitation shall extend to 7:30 p.m. on Monday. (ii). Every Wednesday evening from after school until school begins the next morning. 3. Summer months. [the day after school ends until seven days before school begins] A. Father shall have primary physical custody of the child. B. Mother shall have periods of partial physical custody as follows; (i). Every other weekend from Friday at 5:00 until Monday at the commencement of day care. Provided, however, that if mother has Monday off from work, the partial custody shall extend until 7:00 p.m. (ii). Every Wednesday from 5:00 p.m. until 'Thursday at'the commencement of day care. Provided, however, that if mother has Thursday off from work, the partial custody shall extend until 7:00 p.m. 4. The parties shall share or alternate having custody of the child on holidays as follows: A. Christmas: In every year the father shall have custody of the child from Christmas Eve at 9:00- a.m. through Christmas Day when the father shall transport the child to the mother's church for the 9:00 service, and the mother shall have custody from Christmas Day at 9:00 a.m. through December 26 at 8:30 a.m. B. New Years: In odd numbered years the father shall have custody of the child from New Year's Eve at 9:00 a.m. through New Fear's Day at 9:00 a.m., and the mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years the mother shall have custody of the child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the father shall have custody on New Year's Day from 9:00 a.m. until 8:00 P.m. For ourooses o= this provision, the entire New Year's holiday shall be deemed tc fall in the same year as New Year's Eve. C. Thanksaivinc: The Thanksgiving holiday period shall run from 9:0C a.m. until 8:00 n.m. on the holiday. -he father shall have custody o --he child cn Thanksgiving in odd numbered years and the ..other shall have custody in even numbered ears. Easter: The Easter holiday period of custody shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The mother shall have custody of the child on Easter in odd numbered years and the father shall have custody in even numbered years. E. Memorial Day/July 4th/Labor Day: The periods of holiday custody on Memorial Day, July 4th, and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holiday. In odd numbered years the father shall have custody of the child on Memorial Day and Labor Day and the mother shall have custody on July 4th. In even numbered years the mother shall have custody of the child on Memorial Day and Labor Day and the father shall have custody on July 4th. F. Trick or Treat Night: In odd numbered years the mother shall have custody of the child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. and in even numbered years the father shall have custody of the child for Trick or Treat Night in his community from 5:00 p.m. until 8:00 p.m. In the event that Trick or Treat Nigh is scheduled on different nights in the parties' co=,,:nines, the parent who does not have custody of the ch=_ld under this provision shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Day/Father's Day: In every year the mother shall have custody of the child for Mother's Day and the father shall have custody of the child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parent's Birthdays: In every year the father shall have custody of the child on May 10 for the father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the father's birthday, the Mother's Day holiday shall take precedence. The mother shall have custody of the child every year on June 30 for the mother's birthday from 9:00 a.m. until 8:00 p.m. I. Child's birthday: In odd numbered years the mother shall have custody of the child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years the father shall have custody of the child on August 23 for the same period. J. The holiday custody schedule shall sucercede and take precedence over the regular and vacation custody schedule unless otherwise agreed between the parties. 5. Each party shall be entitled to have custody of the child for one seven day non-consecutive period for vacation each year upon providing at least 30 days advance written notice to the other party by letter or e-mail. The party providing notice first shall be entitled to preference on his cr her selection of vacation dates. Nether party shall schedule periods of custody under this provision during the other party's holiday periods of custody unless otherwise agreed between the parties. Periods of custody under this provision shall be scheduled from Saturday at 9:00 a.m. through the following Saturday at 9:00 a.m. and shall begin on that party's regular weekend period of custody. Vacation time under this provision may not be accumulated or rolled over into a subsegeunt year unless otherwise agreed between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the child can be contacted in the event of an emergency during the vacation oeriod. 6. The parties shall immediately contact Deb Salem [cr any other counselor mutually agreed upon] to start co-parent counseling. To the extent that the counseling is not covered by insurance, the parties shall share the cost equally. i. Father shall immediately contact a counselor -o arrange for counseling for the child. If the parties cannot agree upon a counselor, father shall obtain a written recommLendation from Dr. Shienvold and make an appointment for the child. To the extent that the counseling is not covered by insurance, the parties shall share the cost equally. 8. Each party shall notify the other party of the address and telephone number of the third parties who are providing care for the child, other than individuals who are residing in the same household. N p Max For :lfh By,they Court, Edward E. Guido, J. au-' Helvy, Esquire the Plaintiff J. Smith, Jr., Esquire the Defendant TIE COP'S' FROM RIO0R b Tigowq 4 red,1 here WAO MY ad t sees of said Gou M ft W F-16 20 v MARGARET C. BOGOVIC N/K/A MARGARET C. MYERS Plaintiff vs. BRIAN L. BOGOVIC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of t ?4 , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall engage in a course of therapeutic family counseling with Arnold Shienvold, Ph.D., or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing a co-parenting relationship to enable them to effectively address the Child's needs. The parties shall follow the recommendations of the counselor with regard to the participation of their spouses in the counseling process. The parties agree that neither party shall call the counselor as a witness in any future court proceedings in this matter. All costs of the counseling shall be shared equally between the parties. The parties shall contact the counselor within ten. (10) days of the date of this Order to schedule the initial counseling sessions. 2. Paragraph 5 of the prior Order of this Court dated August 4, 2006 is modified to provide that periods of vacation custody shall be scheduled to run from Friday at 9:00 a.m. through the following Saturday at 7:00 p.m. 3. This Order is entered pursuant to an agreement of the parties at 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. cc: J. Paul Helvy, Esquire - Counsel for Mother Max J. Smith. Jr.. Esquire - Counsel for Mother +{ w' Edward E. Guido J. VERIFICATION I verify that the statements made in the foregoing document are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Max J. Smith, Jr., Esquire James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 i elle Armour, Legal Secretary Dated: March 2, 2010 MARGARET C. BOGOVIC PL.,AINTIFF V BRIAN L. BOGOVIC SR DEFENDANT AND Now, IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 03-3852 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Monday, March 08, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, April 07, 2010 at 2:00 PM ._ ...... _ _...__. for a Pre-l-Iearmg 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: /s/ Dawn S. Sunda Es . 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 RLED-i i,+ CE 'F TH "[r'-l( I)TApy 2014 MAR -9 AM 11: 4 5 cuAv,} s 'l?;iV; Y MAR 3 0 2010 MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 0 4 VS. 2003-3852 CIVIL ACTION L r1 j, BRIAN L. BOGOVIC Defendant IN CUSTODY ORDER OF COURT AND NOW, this .20# day of 2* uson consideration of the attached ustody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated August 4, 2006 and February 27, 2008 shall continue in effect with the exception of the requirement that the parties engage in therapeutic family counseling, which is modified by this Order. 2. The parties shall make arrangements for the Child to participate in play therapy with a professional to be selected by agreement between the parties. The Father shall make inquiries with regard to the Mother's proposal that the parties select Betsy Craft as the counselor and shall advise the Mother by Monday, March 29, 2010 as to whether he agrees to select the proposed counselor. If the parties are unable to agree as to a professional to conduct the play therapy for the Child, the parties shall obtain resolution of the selection of the counselor through parent coordination with Arnold Shienvold, PhD. The parties shall equally share any costs of the Child's therapy. 3. Arnold Shienvold, PhD is hereby appointed as Parent Coordinator for the parties for a term of 12 months from the date of this Order, or until the resignation of the Parent Coordinator or termination of the appointment by the Court, whichever first occurs. Both parties shall cooperate with scheduling and shall not cancel appointments absent a true emergency. Any costs of parent coordination shall be equally divided between the parties, subject to reallocation by the Court in the event the Court determines such a reallocation is appropriate under the circumstances. The parties shall promptly sign the Parent Coordinator's standard Contract. 4. The Parent Coordinator shall attempt to resolve issues arising out of the existing Custody Order through facilitation, mediation, consultation, coaching and education. If it is apparent to the Parent Coordinator that continued similar efforts are unlikely to resolve the parenting issue, the Parent Coordinator shall have the authority to resolve the dispute by providing a decision for the parties on the following issues: A. Dates, times, places and conditions for custody exchanges; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule necessitated by the needs of the Child; D. School issues, apart from school selection; E. Child's participation in recreation, enrichment and extracurricular activities, programs and travel; F. Child care arrangements; G. Personal possessions of the Child; H. Behavioral management of the Child; 1. Information exchange and communication with or about the Child; J. Coordination of services for the Child including counseling, health or medication issues; K. Other related custody issues that the parties mutually agree, in writing, to submit to the Parent Coordinator. 5. The Parent Coordinator's role and authority shall not include the following: A. A change in legal custody decision making authority; B. A change in primary physical custody; C. A change in the partial custody schedule that substantially reduces or expands the Child's time with one or both parties; D. Relocation of the Child's residence which would render implementation of the current Custody Order impossible or impracticable; E. Determination of financial issues. 6. Prior to the Parent Coordinator making a decision or recommendation, the Parent Coordinator shall provide a notice and opportunity for each of the parties to be heard either in person or by other means as determined by the Parent Coordinator, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to a party and or the Child. In the event a parent is given advance written notice of a session with the Parent Coordinator but does not attend or otherwise make arrangements to participate, the Parent Coordinator may make a decision despite that parent's absence. 7. The Parent Coordinator's decisions may be communicated to the parties orally, but shall be confirmed in writing as soon as practicable and filed in the Prothonotary's Office at the parties' above- captioned Custody Docket. Any communication from the Parent Coordinator to the Court shall be copied to the parties, or if represented, counsel. 8. The Parent Coordinator's decisions shall be binding upon the parties unless and until revised by Court Order. 9. Each party retains the right to petition the Court with regard to the conduct of the other party and any recommendations/decisions made by the Parent Coordinator. The parties shall have the right to rely upon recommendations/decisions made by the Parent Coordinator until such time as the Court enters any subsequent Order, with or without a hearing, regarding any issue raised by the parties. 10. Prior to filing any new motion, petition or complaint with the Court involving non- emergency custody or parenting of the Child within the scope of the Parent Coordinator's authority, the parties shall participate in at least two sessions with the Parent Coordinator to attempt resolution of the specified disputed issues. 11. Each party shall provide the Parent Coordinator with all information that the Parent Coordinator requests, including signed HIPAA releases and other forms requested. The Parent Coordinator is authorized to contact any professional or other individual (e.g. the Child, therapists, physicians, child care providers, teachers, family members, etc.) as the Parent Coordinator deems necessary. 12. The Parent Coordinator shall determine the protocol of all communications, interviews, and sessions, including who shall or may attend the sessions (including the Child), and whether the sessions will be conducted in person or by other means. 13. The Parent Coordinator may communicate with any parry or their attorney in writing or verbally, if necessary, and shall advise all parties/attorneys of any such communications. Any party or attorney may communicate in writing with the Parent Coordinator for the Child, provided that copies are provided to the other parry or counsel simultaneously. Any communications between the parents, the parents' attorneys, and the Parent Coordinator shall not be deemed confidential, but shall be admissible in evidence at any proceeding held before the Court, subject to the Pennsylvania Rules of Evidence. 14. In accordance with Pa. R.Civ.P. §1915.17, the Court appointed Parent Coordinator is an officer of the Court, and has quasi-judicial immunity. 15. The Parent Coordinator cannot be compelled to testify in any proceeding absent a Court Order. 16. This Order is entered pursuant to an agreement of the parties at 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. BY TH 7R Edward E. Guido J. cc: Z Helvy, Esquire - Counsel for Mother 2!aul x J. Smith, Esquire - Counsel for Father Cat-es M-!R c mil, ,313 '-=eyl MARGARET C. BOGOVIC Plaintiff VS. BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brian L. Bogovic, Jr. August 23, 2000 Mother/Father 2. A custody conciliation conference was held on March 25, 2010, with the following individuals in attendance: the Mother, Margaret C. Myers, formerly Bogovic, with her counsel, J. Paul Helvy, Esquire, and the Father, Brian L. Bogovic, with his counsel, Max J. Smith, Jr., Esquire. 3. The parties agreed to entry of an Order in the form as attached. The conciliator confirmed that Arnold Shienvold, PhD is willing to accept the appointment as Parent Coordinator in this matter. Date Dawn S. Sunday, Esquire Custody Conciliator MARGARET C. BOGOVIC N/K/A IN THE COURT OF COMMON PLEAS OF MARGARET C. MYERS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V 2003-3852 CIVIL ACTION LAW c r ?m BRIAN L. BOGOVIC IN CUSTODY DEFENDANT 3 ORDER OF COURT AND NOW, Wednesday, June 08, 2011 , upon consideration of the attached Complai nt, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at __ 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 05, 2011 at 2:00 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: /s/ Dawn S. Sunda Es . 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 vCerl- aop? m811P ?ect j Inalleol ? V Copy W7 ,9j /?&/ fo Z Carlisle, Pennsylvania 17013 O' -WI-JD Telephone (717) 249-3166 ale/v ? Sv?a?a? - CoR?? d4p ? FILED-OFFICE OF THE PROTHONOTARY MCNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 Anthony M. Hoover Attorney ID No. 307033 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-5300 facsimile 2011 AUG 24 PM 2: 25 CUMBERLAND COUNTY PENNSYLVANIA MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS V BRIAN L. BOGOVIC Defendant TO: Brian L. Bogovic: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3852 CIVIL ACTION- LAW IN CUSTODY NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MCNEES WALLACE & NURICK, LLC By: Dated: g - 2,4 - 11 J!Paul I.D. o. 30I; 0 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (fax) phelvy(cD_mwn.com Attorney for Plaintiff, Paul Helvy McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile pheivy(aD-mwn.com Attorneys for Plaintiff MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS V BRIAN L. BOGOVIC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3852 CIVIL ACTION- LAW IN CUSTODY ANSWER TO PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff, Margaret C. Bogovic, now known as Margaret C. Myers, by and through her attorneys, McNees Wallace & Nurick LLC, and answers Defendant's Petition for Modification of Custody Order, and files a Counterclaim for Modification of Custody Order, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is denied that the best interest of the child will be served by modifying the current Order as requested by the Petitioner. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. WHEREFORE, Plaintiff, Margaret C. Myers, respectfully requests this Honorable Court deny Defendant's Petition to Modify Custody. COUNTERCLAIM FOR MODIFICATION OF CUSTODY ORDER 13. Plaintiffs Answers to the Petition to Modify filed by the Defendant in the above captioned action, are incorporated herein as if fully set forth at length. 14. In the winter of 2004, Dr. Kasey Shienvold conducted a custody evaluation at which time he recommended that Mother receive primary physical custody. In November 2007, Dr. Kasey Shienvold conducted a follow-up evaluation. At that time Dr. Shienvold noted the following: a. During the original evaluation, Dr. Shienvold noted that "there were significant concerns about Brian and Dara's ability to control their emotional expressions in the presence of Brian, Jr." b. Dara (Father's new wife) "admitted that she refused the co-parent counseling session with Margaret (Mother) when it was proposed." With regard to this issue, Dr. Shienvold stated, "she stated that she was unable to meet at that time (May 2007) because she was expecting to give birth at that time, and because of her work schedule." Dara claimed that she explained this to Ms. Stebbins at that time. A phone conversation with Ms. Stebbins and subsequently received records indicated that Dara was opposed to meeting with Margaret because she thought it would be ineffective. C. With regard to Dara making negative comments regarding Mother to the child, Dr. Shienvold stated, "Dara denied expressing negative feelings about Margaret in front of Brian, Jr. Brian Jr. indicated Dara speaks negatively about his mother. He reported that Dara will tell him that his mother is not a good mother. Brian Jr. claimed that Dara made other mean statements about his mother, but did not clarify what Dara said. He admitted that he does not like when Dara says negative things about his mother, and that he gets angry with her." d. Dr. Shienvold summarized his concerns as follows: " The primary concern at this time is the alleged negative statements made by Dara and her unwillingness to meet with Margaret in a therapeutic setting." Brian, Jr. and Margaret each reported that Dara makes negative statements about Margaret. Dara denied making statements and alleged that Brian Jr. has attempted to manipulate the parties ability to work together. With regard to the joint co-parent session, Dara indicated that she was unable to comply with the request because she was about to give birth to the couple's daughter and because her work schedule was busy. However, she then revealed that her work allowed her to work from home and that she had a flexible schedule. Furthermore, she indicated that her mother moved in to her home to help her care for the baby. These factors would have allowed Dara the ability to meet with Margaret shortly after her daughter was born. Lastly, Ms. Stebbins reported that Dara informed her that she was unwilling to participate in the joint session "out of concern for the effectiveness of the session". Dr. Shienvold went on to state that "there have been significant concerns about Dara's behavior and willingness to work with Margaret during the two previous evaluations, as well." e. Dr. Shienvold then stated that Tara's unwillingness to engage cooperatively in the co-parent process places Brian Jr. at risk for significant emotional and behavioral problems. Both Brian, Jr. and Margaret reported that Dara speaks negatively about Margaret. Brian, Jr. noted that he gets upset or angry when he hears Dara say mean things about his mother. His continued exposure to negative information and hostility places him in a difficult and significantly stressful position. Brian, Jr. may feel pressure to choose a loyalty between his parents. Given Brian, Jr.'s close relationship with his mother, this behavior also likely prohibits him and Dara from having a strong, healthy relationship." A true and correct copy of Dr. Shienvold's report, dated November 1, 2007, is attached hereto and marked as Exhibit A. 15. Unfortunately, the Defendant's wife, Dara, has been unable to modify her behavior in that she continues to denigrate the Plaintiff in the presence of the minor child causing the minor child considerable distress. 16. In addition, the Defendant has made repeated comments to the child denigrating the Plaintiff again causing the minor child emotional distress. 17. Defendant, unfortunately, spends a substantial amount of the time during which he has custody of the minor child, out of the house, engaging in his hobby of serving as a disc jockey, and engaging in other activities leaving the parties minor child in the care and control of Dara, who, as previously indicated, has been unable to refrain from denigrating the Plaintiff. 18. As a result of the actions of the Defendant and his wife, the minor child has become increasingly resistant to spending time with Father and his wife. Although the Plaintiff has complied with the Court Order enforced, the minor child's mental health is suffering as a result of this situation. 19. The minor child truly enjoys spending time with his father when his father is available to spend time with him, and when the father is able to refrain from making disparaging comments regarding the Plaintiff. WHEREFORE, the Petitioner respectfully requests this Honorable Court to amend the existing Custody Order to provide Father with periods of partial custody on alternating weekends, including half of the holiday time, and a block of time to go on vacation with the goal being that Father will spend the periods of time during which he has partial physical custody with his son, and refrain from making disparaging comments regarding Mother during his periods of partial custody. McNEES WALLACE & NURICK LLC By. 148 Dated: August 24, 2011 Allorneys fbr-Plaintiff, Margaret C. Myers ?X????? Riegler • Shienvold & Associates CUSTODY REEVALUATION BRIAN BOGOVIC, SR. V. MARGARET MYERS No. 03-3852 E?lliot Riegler., Ph.D. (1945-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling,ACSW, LCSW Tracy Richards, QCSW, LCSW Dyanne Sage, QCSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LCSW Kasey Shienvold, Psy.D. Shanen Turk-Geller, LCSW 1-larvey 1-1. Shapiro, MD John Sivley, LCSW A child custody evaluation was conducted on the Bogovic's in the winter of 2004. The result of that evaluation was a recommendation that a shared custodial arrangement with minimally greater custody time with Margaret best met the needs of Brian, Jr. The previous evaluation also recommended that Brian, Sr. and Margaret seek out the help of a co-parent counselor to learn more effective strategies and techniques for effectively communicating about issues related to Brian, Jr. Both Brian and Margaret were found to be caring and loving parents who each had a strong emotional bond with Brian, Jr. Both parents were active participants in Brian, Jr.'s life. The shared custody arrangement was intended to allow for the continuation of a strong relationship between Brian, Jr. and each parent. A custody reevaluation was performed on this family in June 2006. The parties were having a difficult time agreeing on a primary residence for Brian, Jr. for the purposes of school. The result of that evaluation recommended primary custody for Margaret during the school year and a shared custodial relationship during the summer months. The evaluation revealed that Margaret was better capable of protecting Brian, Jr. from the co-parent difficulties. There were significant concerns about Brian's and Dara's ability to control their emotional expressions in the presence of Brian, Jr. Further recommendations were made for co-parent counseling for the parents and individual counseling for Brian, Jr. Throughout each evaluation, Brian and Margaret were described as loving and dedicated parents to Brian, Jr. They each appeared to have a strong, secure bond with Brian, Jr. Brian and Margaret were also active participants in their son's life. The recommended custody arrangement was given to allow each parent to maintain those positive features. 2151 Linglestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 - (717) 540-1313 • Fax: (717) 540-1416 Our office was asked to conduct a reevaluation because Brian, Sr. requested additional modifications to the Court Ordered custody agreement. Brian indicated that lie would like his alternating weekends to be extended until Monday morning. Additionally, Brian requested that his midweek overnight during the school year be switched from Wednesdays to Thursdays. Lastly, Brian reported that he would like his custody during the Christmas holiday be extended until closer to 12:00 PM. Margaret is reportedly content with the current custody schedule and is opposed to any modifications. In order to complete this up-dated evaluation the following processes were used: I . Brian Bogovic, Sr. was interviewed on two occasions. 2. Margaret Myers was interviewed on two occasions. 3. Brian Bogovic, Jr. was observed in interactions with each parent on one occasion and was interviewed on one occasion. 4. Dara Myers was interviewed once. 5. Benjamin Myers was interviewed once. 6. A telephone interview was conducted with Anthea Stebbins, LSW, the parties' co-parent counselor. 7. A written summary and correspondences from Anthea Stebbins, LSW. S. Notes from Gregory Plotica, M.A., Brian, Jr.'s therapist were reviewed. 9. School records for Brian, Jr. were reviewed. 10. The two previous custody evaluations were reviewed. Presenting Concerns: Brian, Sr. reported that he is seeking a modification to the current custody arrangement. He indicated that it is in Brian, Jr.'s best interest for his periods of partial custody during the school year be amended. Brian, Sr. stated that Brian, Jr. would be forced to endure less custodial transitions if his midweek overnights were changed to Thursdays and his alternating custodial weekends be extended until Monday morning. The parties currently utilize a school year custodial schedule in which Margaret has primary physical custody and Brian, Sr. has periods of partial custody on alternating weekends from Friday at 5:00 PM until Sunday at 7:30 PM and each Wednesday overnight. 2 Brian, Sr. expressed concern about Margaret's activities with Brian, Jr. during the - summer months. He stated that Margaret did not allow Brian, Jr. to attend his summer camp during her custody periods. He claimed that Brian, Jr. enjoyed the camp and consistently requested a desire to attend the camp five days per week. Also, Brian, Sr. indicated that Brian, Jr. loses valuable opportunities for socialization as a result. Brian, Sr. expressed concerns about Brian, Jr.'s sleeping and nutrition habits at his mother's home. He stated that Brian, Jr. sleeps on the floor in his mother's room or in bed with his mother. He also claimed that Brian, Jr. may not be getting fed appropriately at his mother's house. He noted that Brian, Jr. had informed him that his mother did not feed him dinner on several Thursdays during the summer prior to returning from his mother's custody at 7:00 PM. Margaret indicated that Brian, Jr. did not attend his summer camp on Mondays and Thursdays during the summer months. She stated that she did not work on those days and was able to spend the time with their son. Margaret denied taking Brian, Jr. to work with her or hearing Brian, Jr. complain about not being at camp. She admitted that there were several field trips that Brian, Jr. missed on Thursdays because of the custody arrangement. However, she alleged that Brian, Sr. and Dara often reminded Brian, Jr. that he was missing a field trip in order to get him upset. Both Brian, Sr. and Dara denied that claim. Margaret denied negligent or inappropriate care of Brian, Jr. She indicated that +._. Brian, Jr. recently began sleeping in her bedroom again. She claimed that Brian, Jr. was sleeping in his own room and bed for nearly a year prior to a recent regression in his sleeping behavior. She expressed concern that it was related to the Brian, Sr.'s most recent attempts to alter the custody arrangement. Margaret described appropriate methods for encouraging Brian, Jr. to sleep in his own bed. She stated that Brian, Jr. now spends a majority of his nights in his own bed. She described appropriate eating habits for Brian, Jr. and denied withholding any meals. Margaret indicated that she is content with the current custody arrangement. She denied any adjustment problems or concerns for Brian, Jr. She claimed that Brian, Jr. is doing well in school and is not exhibiting significant behavioral problems. She expressed a belief that Brian, Sr. is seeking the additional custodial time as a means of lowering his support payments. Brian, Sr. denied this claim. Margaret expressed concern about the lack of progress in the co-parent relationship and Brian, Sr.'s and Dara's unwillingness to communicate civilly with her and Ben. She claimed that Brian, Sr. and Dara are often disrespectful or ignore her and Ben when they are in public places together for Brian, Jr. She stated that she has attempted to communicate more effectively with Dara and that Dara refuses. Margaret indicated that Brian, Jr. is aware of Dara's negative feelings for her and that it makes him upset. She claimed that she attempted to coordinate a co-parenting session with Dara which Dara rejected. i Brian, Sr. agreed that Brian, Jr. did not and is not exhibiting adjustment problems to the current custody arrangement. He indicated that Brian, Jr. is enjoying school and doing well academically. He reported that he has some peer problems but denied anything grave or serious. Brian, Sr. stated that Brian, Jr. has a need to be the leader of group activities and lacks the flexibility to work cooperatively with others on a consistent basis. Brian, Sr. denied an unwillingness to communicate. He denied being intentionally disrespectful towards Margaret or Benjamin. He admitted to avoiding long conversations or interactions with Margaret and Benjamin because of discomfort and the ongoing conflicts. When questioned about Dara's reluctance to meet with Margaret, Brian, Sr. stated that he is stuck between two very strong women who are each wrong on occasion. He denied any accountability or responsibility for facilitating an improved relationship between Margaret and Dara. Dara admitted that she refused the co-parent counseling session with Margaret when it was proposed. She stated that she was unable to meet at that time (May 2007) because she was expecting to give birth at that time and because of her work schedule. Dara claimed that she explained this to Ms. Stebbins at that time. A phone conversation with Ms. Stebbins and subsequently received records indicated that Dara was opposed to meeting with Margaret because she felt it would be ineffective. Dara reported that her job allows flexible scheduling and to work from home. Furthermore, she noted that her mother moved into the family home to help care for their baby, Madilyn. This suggests - that Dara would have substantial opportunities to schedule a meeting with Margaret shortly after the baby was born. The joint session to strengthen Dara and Margaret's relationship was reportedly Margaret's idea. Dara denied expressing negative feelings about Margaret in front of Brian, Jr. Brian, Jr. indicated Dara speaks negatively about his mother. He reported that Dara will tell him that his mother is not a good mother. Brian, Jr. claimed that Dara made other mean statements about his mother but did not clarify what Dara stated. He admitted that he does not like when Dara says negative things about his mother and that he gets angry with her. When questioned about Brian, Jr.'s statements, Dara alleged that Brian, Jr. was attempting to "play his parents against one another." Brian, Jr. denied hearing his father say anything negative about his mother. He also denied hearing his mother or Benjamin speak negatively about his father or Dara. Each parent expressed dissatisfaction with the co-parent counseling. Margaret indicated that she believed the counseling did not focus enough on their communication issues and Brian, Jr. She stated that the majority of the time was spent discussing financial issues and the status of the parties' divorce. Brian, Sr. agreed that progress was limited during the counseling session and expressed a need for a firmer or more confrontational counselor who can keep the parties on a track for success. Ms. Stebbins corroborated the parties' claims that there was little progress in their relationship. Ms. Stebbins indicated that each party demonstrated limited abilities to work effectively for their son. 4 Brian, Jr. was observed interacting with each of his parents in the office setting. Both parents were appropriate in their interactions with Brian, Jr. and Brian, Jr. appeared to genuinely enjoy his time with them. There was no evidence of fear or apprehension by Brian, Jr. when engaging his parents in activities. Both Brian, Sr. and Margaret demonstrated a strong familiarity with their son's activity preferences and were skilled at engaging him and limiting his energetic behaviors. Brian, Jr. was affectionate with both parents and demonstrated a strong and loving attachment. Brian, Jr. was interviewed on one occasion. He reported positive feelings about each of his parents. He described each of his parents as loving and good caretakers. He noted appropriate bedtimes at each household. Brian, Jr. stated that he enjoys watching television but expressed frustration with each parents' rules limiting his ability. As noted above, Brian, Jr. spoke negatively about Dara and Dara's statements about his mother. He indicated that he enjoys his time spent with Benjamin and that he and Benjamin play fun games with one another. Summary and Recommendations: Brian Bogovic, Sr. petitioned the court for a modification to the current custody arrangement. He is requesting that his custodial weekends during the school year be extended until Monday morning and his midweek overnights changed from Wednesday to Thursday. Furthermore, Brian, Sr. wanted a modification to the exchange time on Christmas Day. The parties have had two previous evaluations dating back to 2004. The most recent evaluation recommended that Margaret Myers be awarded primary custody during the school year (if a shared custodial schedule was not feasible) and a shared custodial arrangement during the summer months. However, Margaret Myers was awarded primary physical custody during the school year and Brian Bogovic, Sr. was awarded primary physical custody during the summer months. The parties have reportedly attempted co-parent counseling for approximately nine months. Ms. Stebbins and the parties each indicated that the counseling had limited effectiveness. Brian and Margaret each noted that they have a difficult time communicating and working cooperatively for Brian, Jr. Margaret claimed that Brian and Dara are disrespectful of her and Benjamin when they are at Brian, Jr.'s activities together. Brian denied this claim but admitted that the parties generally avoid one another because of their history of heated exchanges and their discomfort with one another. Brian, Jr. is described by both parents as loving and appropriately behaved. They reported that he is performing well in school academically. Brian, Sr. indicated that Brian, Jr. has difficulties in relationships with peers because he has a tendency to boss the other children around. They each stated that Brian, Jr. responds well to limits and denied aggressive or violent behavior. 5 i Observations between Brian, Jr. and his parents revealed appropriate interactions. Brian, Jr. appeared comfortable and affectionate with both his mother and his father. There was no evidence of fear or apprehension by Brian, Jr. and he proactively sought his parents out for activities. Brian, Jr. also spoke positively about both of his parents and described them as positive, loving parents. These factors suggest that Brian, Jr. has healthy, secure attachments with each of his parents. Brian, Sr. and Margaret each denied witnessing significant behavioral or emotional changes (negative or positive) in Brian, Jr. since the modifications to the custody arrangement. They both reported the Brian, Jr. adjusted well to the summer schedule and the return to the school schedule. There is no evidence of significant changes in his school performance. Furthermore, neither parent noticed any difficulties with Brian's behavior at custodial transitions. These factors suggest that Brian, Jr. is handling the current custody schedule well and is not having a negative reaction to the transitions. The primary concern at this time is the alleged negative statements being made by Dara and her unwillingness to meet with Margaret in the therapeutic setting. Brian, Jr. and Margaret each reported that Dara makes negative statements about Margaret. Dara denied making statements and alleged that Brian, Jr. is attempting to manipulate the parents' ability to work together. With regards to the joint co-parent session, Dara indicated that she was unable to comply with the request because she was about to give birth to the couple's daughter and because her work schedule was busy. However, she then revealed that her work allowed to her to work from home and that she had a flexible schedule. Furthermore, she indicated that her mother moved into her home to help care for the baby. These factors would have allowed Dara the ability to meet with Margaret shortly after her daughter was born. Lastly, Ms. Stebbins reported that Dara informed her that she was unwilling to participate in the joint session "out of concern for the effectiveness of the session." It should be noted that Dara reportedly contacted Margaret on September 12, 2007 via email in order to extend an offer to engage in a joint session. However, the genuineness of this offer is questionable. Dara's communication with Margaret occurred two days following her appointment with the evaluator in which she was questioned about her reluctance to cooperate with Margaret and Ms. Stebbins. Therefore, it is believed that Dara's current cooperation is related to the current evaluation. There have been significant concerns about Dara's behavior and willingness to work with Margaret during the two previous evaluations as well. Therefore, it is difficult to believe that her current eagerness to address their relationship will continue for an extended period of time. Based on all of the information provided during the interviews, observations, clinical experience, and the current peer-reviewed research, the following recommendations are given within reasonable degree of psychological certainty. i,.. It is recommended that the current custodial arrangement be maintained. Brian, Jr. appears to be responding quite well to the current schedule. Neither parent reported significant adjustment problems to the schedule changes or weekly transitions. There were no reports of sleep problems prior to, or proceeding, transitions from one residence to the other. Furthermore, Brian, Jr. spoke lovingly about both of his parents and demonstrated no resentment when discussing each house. Furthermore, Dara's unwillingness to engage cooperatively in the co-parent process places Brian, Jr. at risk for significant emotional or behavioral problems. Both Brian, Jr. and Margaret reported that Dara speaks negatively about Margaret. Brian, Jr. noted that he gets upset or angry when he hears Dara say mean things about his mother. His continued exposure to negative information and hostility places him in a difficult and significantly stressful position. Brian, Jr. may feel pressured to choose a loyalty between his parents. Given Brian, Jr.'s close relationship with his mother, this behavior also likely prohibits him and Dara from having a strong, healthy relationship. Lastly, it is recommended that the parties seek a co-parent counselor who better meets their needs. This is in no way a criticism of Ms. Stebbins work with the family. However, if all parties (including Ms. Stebbins) believe that progress has been limited, it is apparent that their attempts together have been ineffective. It is critical that Dara stop speaking negatively about Margaret in front of Brian, Jr. This only serves to hurt his relationships with not only Dara, but each parent as well. If Dara is unable to control her negative expressions in front of Brian, Jr. it is recommended that the custody schedule be amended to prevent prolonged opportunities for Brian, Jr. and Dara to interact with one another. According to attorney correspondences, the evaluator was asked to make recommendations regarding appropriate involvement in extra-curricular activities for Brian, Jr. Brian, Jr. is reportedly currently involved in both gymnastics and T-ball. Brian, Sr. expressed concern about the amount of time taken by these activities and the well- being of Brian, Jr. as a result. There is no known research available that discusses the appropriate level of extra-curricular activities for children of various developmental stages. Several variables need to be considered to determine what activity level is best for the child(ren). A critical factor in determining the appropriateness of the number of activities is the overall adjustment of the child. More specifically, are the activities significantly affecting his school performance, sleeping and eating routines, and emotional or behavioral functioning. In Brian, Jr.'s case, each parent has reported that Brian is doing well in school and denied the presence of emotional or behavioral problems. Brian, Jr. had recently returned to sleeping in his mother's room on occasion. It is unclear if that was the result of activity level or a reaction to his awareness of the custody uncertainty. There were no reports of issues with his diet or eating habits. 7 fe: Another factor to consider is the costs and benefits of the activities. Most children - are enrolled in extra-curricular activities as a means of allowing the child to explore various areas that may interest them and as a means of socialization. Sporting activities, for example, allow the child to determine if they enjoy a particular sport or exercise. They also expose the child to other children and provide them a venue for interacting and leaming. appropriate social skills. Other activities, perhaps religious youth groups or Boy Scouts, offer similar socialization opportunities and present the child with the opportunity to learn things they might not normally learn at home or school. Extra-curricular activities can be very time consuming. The more time intense activities involve multiple practices or meetings each week and require the parents have schedule flexibility to transport the children. In separated families, one of the parents may only have limited periods of physical custody with the child each week. And certain activities may require them to utilize significant amounts of their custody time transporting the child to his different activities. However, part of parenting, even in a separated household, is being an active participant in the daily routines and activities of the child. Therefore, some level of involvement in the child's activities is expected by both parties. The co-parent relationship is critical. Whether or not the parents are able to communicate and joint decision-make effectively impacts every aspect of the child's environment. For Brian, Sr. and Margaret, it is indicated by all parties involved that they are not successful in their attempts to communicate or co-parent. They have attempted co-parent counseling without success and their email communications often contain angry or frustrated language. In a situation like this one, it is not surprising that the parties have a difficult time deciding on modifications regarding their son. The parties' feelings of animosity towards one another likely lead them to suspicions of manipulation or obstruction. And because they are unable to communicate effectively, there are limited resources to deescalate those negative assumptions. With that being said, this evaluation can not offer a specific recommendation regarding the amount of extra-curricular activities for Brian, Jr. However, it is determined that the parties would benefit from a different dispute resolution process. Therefore, it is recommended that the parties work with a Parent Coordinator who can facilitate discussions between the parties and be empowered to make decisions regarding important issues related to Brian, Jr. should the parties be unable to agree to solutions on their own. Date Kasey Shienvold, Psy.D. 06/23/2011 20:06 7177415767 THERAPY PAGE 01 V RlF CATiQ . I verity that the statements made in the foregang document are true and correct. 1 understand tfrat false statements herein are made subject to the penalties of ; 8 Pa. C.S. §4904. relating to unsworn falsification to authorities. Date: 1? Mar aret rs CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by email and f first-class mail upon the following as there is a court appearance tomorrow: Max J. Smith, Jr., Esquire James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 Amand Felty, Legal Se eta Dated: g - LL?-- I ` MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC Defendant IN CUSTODY 71 A r~. ") ORDER OF COURT -OVA -",eo? AND NOW, this day of L--' -:20FI consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: C upon 1. The prior Orders of this Court dated August 4, 2006, February 27, 2008, and March 4, 2009 are vacated and replaced with this Order. The provisions of the March 30, 2010 Order are vacated with the exception of paragraphs 3 through 15 which appoint Arnold Shienvold PhD. as Parent Coordinator for the parties, which shall continue in effect through December 31, 2012. 2. The Mother, Margaret C. Bogovic, and the Father, Brian L. Bogovic, shall have shared legal custody of Brian L. Bogovic Jr., born August 23, 2000. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. During the school year, the Mother shall have primary physical custody of the Child and the Father shall have partial custody on alternating weekends from Friday after school through Monday morning at the beginning of school. If there is no school on Friday, the Father's period of period of weekend custody shall begin on Friday at 7:45 a.m. and if there is no school on Monday, the Father's period of custody shall be extended through Monday at 7:30 p.m. B. During the summer school break, the Father shall have primary physical custody of the Child and the Mother shall have partial physical custody on alternating weekends from Friday at 5:00 p.m. through Monday at 7:00 p.m. C. Throughout the calendar year, the non-custodial parent shall be entitled to have a 15 minute Skype session with the Child every Wednesday at 8:30 p.m. 4. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. Christmas: In every year, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through Christmas Day when the father shall transport the Child to the Mother's church for the 9:00 a.m. service, and the Mother shall have custody from Christmas Day at 9:00 a.m. through December 26 16 8:30 a.m. B. New Years: In odd numbered years, the Father shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the Mother shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. In even numbered years, the Mother shall have custody of the Child from New Year's Eve at 9:00 a.m. through New Year's Day at 9:00 a.m., and the Father shall have custody on New Year's Day from 9:00 a.m. until 8:00 p.m. For purposes of this provision, the entire New Year's holiday shall be deemed to fall in the same year as New Year's Eve. C. Thanksgiving: The Thanksgiving holiday period shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The Father shall have custody of the Child on Thanksgiving in odd numbered years and the Mother shall have custody in even numbered years. D. Easter: The Easter holiday period of custody shall run from 9:00 a.m. until 8:00 p.m. on the holiday. The Mother shall have custody of the Child on Easter in odd numbered years and the Father shall have custody in even numbered years. E. Memorial DU/July 4th/Labor Day: The periods of holiday custody on Memorial Day, July 4t", and Labor Day shall run from 9:00 a.m. until 8:00 p.m. on the holiday. In odd numbered years, the Father shall have custody of the Child on Memorial Day and Labor Day and the Mother shall have custody on July 4t". In even numbered years, the Mother shall have custody of the Child on Memorial Day and Labor Day and the Father shall have custody on July 4cn F. Trick or Treat Night: In odd numbered years, the Mother shall have custody of the Child on Trick or Treat Night in her community from 5:00 p.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child for Trick or Treat Night in his community from 5:00 p.m. unti18:00 p.m. In the event that Trick or Treat Night is scheduled on different nights in the parties' communities, the parent who does not have custody of the Child under this provision shall be entitled to have custody from 5:00 p.m. until 8:00 p.m. on his or her community's Trick or Treat Night. G. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 9:00 a.m. until 8:00 p.m. H. Parents' Birthdays: In every year the Father shall have custody of the Child on May 10 for the Father's birthday from 9:00 a.m. until 8:00 p.m. However, in the event Mother's Day falls on the Father's birthday, the Mother's Day holiday shall take precedence. The Mother shall have custody of the Child every year on June 30 for the Mother's birthday from 9:00 a.m. until 8:00 p.m. I. Child's Birthday: In odd numbered years, the Mother shall have custody of the Child on August 23 from 9:00 a.m. until 8:00 p.m. and in even numbered years, the Father shall have custody of the Child on August 23 for the same period. J. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules unless otherwise agreed between the parties. 5. Each party shall be entitled to have custody of the Child for one week during the summer school break each year for vacation upon providing at least 30 days advance written notice to the other party by letter or email. Periods of vacation custody under this provision shall be scheduled to run from Friday at 9:00 a.m. through the following Saturday at 7:00 p.m. The party providing notice first shall be entitled to preference on his or her selection of vacation days. Neither party shall schedule periods of vacation custody under this provision during the other party's holiday periods of custody unless otherwise agreed between the parties. Vacation time under this provision may not be accumulated or rolled over into a subsequent year unless otherwise agreed between the parties in writing. The parties shall provide each other with advance notice of the address and telephone number where the Child can be contacted in the event of an emergency during the vacation period. 6. The parties shall ensure that the Child's parent-teacher conferences, meetings with school officials, doctor appointments and medical procedures are limited to the attendance of parents only, except in the event of a medical emergency. 7. When scheduling medical appointments for the Child, the Cedar Cliff location of the Child's doctor's office shall be given first preference. 8. The parties shall continue to cooperate with counseling for the Child. 9. Each party shall notify the other party of the address and telephone number of any third parties who are providing care for the Child, other than individuals who are residing in the same household. 10. Arnold Shienvold PhD is hereby appointed as Parent Coordinator for the parties through December 31, 2012 in accordance with the appointment provisions of the prior Order of this Court dated March 30, 2010. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. This Order is entered pursuant to an agreement of the parties at 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. BY THE C , Edward E. Guido J. cc: ? J. Paul Helvy Esquire -Counsel for Mother Max J. Smith Esquire - Counsel for Father ?pC-5 (01 ?I 1 0 MARGARET C. BOGOVIC n/k/a MARGARET C. MYERS Plaintiff vs. BRIAN L. BOGOVIC Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-3852 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Brian L. Bogovic DATE OF BIRTH August 23, 2000 CURRENTLY IN CUSTODY OF Mother/Father 2. A custody conciliation conference was held on August 25, 2011, with the following individuals in attendance: the Mother, Margaret C. Myers, formerly Bogovic, with her counsel, J. Paul Helvy Esquire, and the Father, Brian L. Bogovic, with his counsel, Max J. Smith Esquire. 3. The custody conciliation conference was held on the Father's Petition for Modification. At the conclusion of the conference, it was agreed that the conciliator would hold this matter open so that counsel for the parties could further discuss the optional arrangements under consideration and advise the conciliator accordingly. A telephone conference with counsel was scheduled for September 2, 2011. At the time of the September 2, 2011 telephone conference with counsel, it was requested that the conciliator hold this matter open for a second telephone conference with counsel so that they would have the opportunity to discuss remaining minor details of the Order prior to indicating final agreement. The second telephone conference was held on October 24, 2011 at which time it was determined that the remaining details of the Order could be finalized at this time and the Order submitted based upon the parties' agreement. 4. The parties agreed to entry of an Order in the form as attached. C2C?/ S ; ?o /( Date Dawn S. Sunday, Esquire Custody Conciliator MARGARET C.BOGOVIC : IN THE COURT OF COMMON PLEAS OF C-- PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVA M M-- V. 2003-3852 CIVIL ACTION LAW CD *C-) BRIAN L.BOGOVIC IN CUSTODY ri DEFENDANT ORDER OF COURT AND NOW, Thursday,March 14,2013 —,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before . Dawn­S.-Sunday,1 Esq. ,the conciliator, at 39 West Main Street,Mechanicsburg,PA 17055 – on Tuesday,April 16,2013 10:00 AM for a Pre-Hearing Custody Conference, At such conference,an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court,and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Dawn S. Sunday, 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 A"y t//7 FILED-O F l u� THE PRaTHOhDT�"t 2013 MAR 25 PM 2: 47 Max J. Smith, Jr., Esquire 9 Attorney I.D. #32114 CUMBERLAND COUNTY Jessica E. Lowe, Esquire PENNSYLVANIA Attorney I.D. #208041 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjsgisdc.com MARGARET C. BOGOVIC, IN THE COURT OF COMMON PLEAS OF n/k/a MARGARET C. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 03-3852 V. BRIAN L. BOGOVIC, CIVIL ACTION—LAW Defendant IN CUSTODY DEFENDANT'S ANSWER TO THE PETITION FOR SPECIAL RELIEF/EXTENDED APPONTMENT OF PARENT COORDINATOR AND NOW comes the Defendant,Brian L. Bogovic, by his attorney, MAX J. SMITH, JR., Esquire, and hereby submits the following Answer to the Petition for Special Relief/Extended Appointment of Parent Coordinator: 1. Admitted. Plaintiff/Petitioner shall hereinafter be referred to as "Mother." 2. Admitted. Defendant/Respondent shall hereinafter be referred to as "Father." 3. Admitted. 4. The Orders attached to the Petition for Special Relief are documents that speak for themselves. 5. The Order of Court dated October 28, 2011 is a document that speaks for itself. 6. Paragraph 6 is admitted insofar as Father has indicated that he does not agree to the continued use of Dr. Shienvold as a Parent Coordinator. Father believes that it is in the child's best interests if someone else is appointed to be Parent Coordinator. Father avers that his relationship with Mother remains tense, and Father believes that this relationship could be improved if a new person were to intervene. Father is not opposed to Parent Coordination. COUNT I—EXTENSION OF TERM OF PARENT COORDINATOR 7. Paragraphs 1 through 6 above are hereby incorporated as if set forth at length herein. 8. Admitted. 9. Admitted in part and denied in part. Presently, Father has some significant concerns about the child that are beyond the scope of what the Parent Coordinator may address. Accordingly, on March 11, 2013,Father filed a Petition to Modify Custody. A custody conference has been scheduled for April 16, 2013. 10. Admitted in part and denied in part. While Father acknowledges that Dr. Shienvold has been able to resolve disputes for the parties, Father does not agree that the amount of tension between the parties has been reduced. Father believes that his relationship with Mother remains strained to the point that they are unable to co-parent successfully. 11. Admitted in part and denied in part. Father acknowledges that the parties have been seeing Dr. Shienvold for several years. However, despite Dr. Shienvold's ample effort, Father avers that the parties' ability to co-parent their son has not improved. Father believes that a different Parent Coordinator would be more effective in handling the complicated relationship between Father and Mother. Father is not opposed to the Parent Coordination process; however, he believes that the parties and the minor child would benefit from having a fresh set of eyes review this matter. Father recommends the appointment of Deborah L. Salem of Interworks, LPC as Parent Coordinator. 12. Paragraph 12 contains no averment which must be admitted or denied. 13. Denied. Paragraph 13 is denied for the reasons set forth in Paragraphs 9, 10 and 11 above. WHEREFORE, Defendant/Respondent Brian L. Bogovic respectfully requests that this Honorable Court dismiss Mother's Petition for Special Relief/Extended Appointment of Parent Coordinator and enter an Order of Court appointing Deborah L. Salem as Parent Coordinator. Respectfully submitted, JAMES, SMITH,DIETTERICK&CONNELLY LLP Date: March 25, 2013 Cl MAX J. SMITH, JIU, Esquire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Defendant Brian L. Bogovic I verify that the statements made in this Answer 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. C—�r > MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS n/k/a MARGARET C. MYERS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent V. NO. 03-3852 BRIAN L. BOGOVIC, CIVIL ACTION—LAW Defendant/Petitioner CUSTODY CERTIFICATE OF SERVICE AND NOW, this �� day of March, 2013, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant/Petitioner, hereby certify that I have this day sent a copy of Defendant's Answer to the Petition for Special Relief/Extended Appointment of Parent Coordinator by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: McNees, Wallace &Nurick LLC Attn: J. Paul Helvy, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 MAX J. SMITH, JR., squire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 ALEXIS M. MILOSZEWSKI, Esquire I.D. No. 208931 James, Smith, Dietterick& Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 n MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2003-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ' " 2013, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. Pending further agreement of the parties or Order of Court, the prior Order of this Court dated October 28, 2011 shall continue in effect. 2. The Father's Petition for Modification is resolved by agreement. BY THE , Edward E. Guido J. z cc: ax J. Smith Jr. Esquire—Counsel for Father J. Paul Helvy Esquire—Counsel for Mother r" zrfi a' a MARGARET C. BOGOVIC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2003-3852 CIVIL ACTION LAW BRIAN L. BOGOVIC Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME AGE CURRENTLY IN CUSTODY OF Brian L. Bogovic Jr. 12 Mother/Father 2. A custody conciliation conference was held on May 7, 2013, with the following individuals in attendance: the Mother, Margaret C. Bogovic, with her counsel, J. Paul Helvy Esquire, and the Father, Brian L. Bogovic, with his counsel, Max J. Smith Jr. Esquire. 3. This custody matter has been in the legal system for many years with substantial involvement with the Court. At the conference, however, the parents began to have a genuine conversation about how they can move forward in a more positive way to help their 12 year old son meet his potential in a conflict free family. 4. The parties agreed to select a co-parenting counselor in whom they both have confidence and to persevere in establishing an effective and cooperative co-parenting relationship no matter what it takes. Through the co-parenting counseling process, the parties will work on establishing communication, cooperation and addressing the concerns of each with regard to their Child. 5. As the parties do not require an Order mandating the co-parenting counseling, the conciliator recommends an Order in the form as attached. -3 Date Dawn S. Sunday, Esquire Custody Conciliator r ,