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HomeMy WebLinkAbout08-0038C STEPHEN R. CHERNOV, Plaintiff VS. ANGELA F. CHERNOV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 6 4 3 W c-r, l : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 STEPHEN R. CHERNOV, Plaintiff VS. ANGELA F. CHERNOV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 66 3 'It- : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 4b STEPHEN R. CHERNOV, Plaintiff Vs. ANGELA F. CHERNOV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- 06 3 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Stephen R. Chernov, by and through his counsel, Linda A. Clotfelter, Esquire, who files this Complaint in Divorce and in support thereof states the following: 1. Plaintiff is Stephen R. Chernov, (hereinafter referred to as "Plaintiff'), an adult individual who resides at 510 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Angela F. Chernov, (hereinafter referred to as "Defendant"), an adult individual who resides at 510 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorce Complaint. 4. Plaintiff and Defendant were married on June 30, 2001, in Dauphin County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since September 1, 2007. 6. There are no pending divorce proceedings upon the filing date of this Complaint. 7. Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 1J)Jq Lin fa A. Clotfelter, Esquire rney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07- ANGELA F. CHERNOV, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, STEPHEN R. CHERNOV, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: I2 N10 7 VPH R. YCCH- N-00 IV rTl - n w 1 _ ,-: C GJ T r--+ r 7 C ty C to . T? ? -r C-n Z. n 0 fi J y STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. Off- 0038 ANGELA F. CHERNOV, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY ACCEPTANCE OF SERVICE I, ANGELA F. CHERNOV, Defendant in the above-captioned matter, hereby accept service of the Complaint Under Section 3301(c) or 3301(d) of the Domestic Relations Code. Date: I-dd-0001 Angel ''. Chernov 510 ppalachian Avenue Mec anicsbura, PA 17055 . STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-0038 ANGELA F. CHERNOV, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this day of February, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by United States First Class Mail, postage prepaid: Angela F. Chernov 510 Appalachian Avenue Mechanicsburg, PA 17055 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Li a A. Clotfelter, Esquire Att rney ID No. 72963 1021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff C. a ? d 'mot ? r ; czy ?' - ""' -r+ ?`n -t??? -- ??.. :cm, ??. c. _ ? rv ±? f ---y f^ T..?i ?? r STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 08- 0038 ANGELA F. CHERNOV, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed January 3, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and 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. Section 4904, relating to unworn falsification to authorities. Date: 5-100k ,/ z STEPHEN R. CHERNOV, Plaintiff w C C ca Ij f--- . ;r rr6f ' r , ' V ? N -i _ I -< c-n al STEPHEN R. CHERNOV, Plaintiff VS. ANGELA F. CHERNOV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08 - 0038 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unworn falsification to authorities. Date: h?i. S HEN R. CHERNOV, Plaintiff C) c^a t cz: tv to a STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 08 - 0038 ANGELA F. CHERNOV, : CIVIL, ACTION - LAW Defendant : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 3, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and 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. Section 4904, relating to unsworn falsification to authorities. Date: L - -OS! C ANG A F. CHERNOV, Defendant y. tom' 75 cn STEPHEN R. CHERNOV, Plaintiff VS. ANGELA F. CHERNOV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08 - 0038 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: L - y d? Cl( ANG LA F. CHERNOV, Defendant r•a r M . ( r3* 01-391 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of 2008, by and between, Angela F. Chernov, (hereinafter called "Wife") and Stephen R. Chernov (hereinafter called "Husband") WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 30, 2001; and WHEREAS, the parties hereto are the natural parents of three (3) minor children, namely, Jonathan A. Chernov, born May 3, 2002 (age 6 years); Alyssa P. Chernov, born November 19, 2003 (age 4 years); and Alisabeth G. Chernov, born January 7, 2005 (age 3 years); and WHEREAS, the parties are now separate and apart within the meaning of the Pennsylvania Divorce Code; and WHEREAS, the parties hereto are desirous of resolving 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, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 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, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or -1- indirect by the other. 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 and each party shall not interfere in any way with the other parry's business and/or business contacts. Husband and Wife shall not molest, harass, disturb or malign 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 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has been represented in this matter by Linda A. Clotfelter, Esquire, and Wife has been informed that she has the right to obtain independent legal counsel; however, Wife does not wish to hire legal counsel and feels that she is able to adequately represent herself in this matter. Each party has had the opportunity to review this Agreement and each fully understands the facts and his or her legal rights and obligations. Each party also acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the 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 understands 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, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable -2- 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 jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. 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 had the opportunity to hire counsel to explain 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 courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. 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. Each of the parties hereto further covenants and agrees for himself and herself and his or -3- her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband filed a Divorce Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania to Civil Docket Number 08 - 0038. The parties agree that concurrently with the execution of this Agreement they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that either party may finalize the divorce action in a timely fashion. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. Upon completion of the divorce action, counsel obtaining a divorce decree shall supply to opposing party a copy of the Decree. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the -4- adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. -5- C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. 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 affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties, and shall be as follows: A. REAL ESTATE - 510 Anualachian Avenue, Mechanicsburg, Pennsylvania: The parties acknowledge that the real property situate at 510 Appalachian Avenue, Mechanicsburg, Pennsylvania, which served as the marital residence, was sold and the proceeds of the sale were distributed upon the mutual agreement of the parties. It is acknowledged by the parties that Wife moved from the marital residence to a rental property in Palmyra on February 1, 2008, and that pending the sale of the property, Husband was entitled to exclusive use of the marital residence he was solely responsible for any and all liabilities associated with the property and he held Wife harmless from same. -6- B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY: The parties agree that they have divided by agreement between themselves all furnishings and personalty including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Accordingly, Wife shall retain as her sole and separate property the personal property presently within her possession and Husband shall retain sole and exclusive ownership of the furnishings and personalty presently within his possession. Each party shall retain the furnishing and personalty as described herein as his or her possession, free and clear of any right, title, claim and/or interest of the other party. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement or in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in personal property from one party to the other as set forth herein. C. MOTOR VEHICLES: L 2007 Ford Edge - It is specifically agreed that Husband shall retain exclusive use, ownership and title of the 2007 Ford Edge purchased during the marriage. Husband shall be fully and solely responsible for any and all financial or other obligations associated with the 2007 Ford Edge, including but not limited to the secured loan with an -7- approximate balance due of $31,761.00, and he agrees to indemnify and hold harmless Wife from any and all liability for same. Husband agrees to obtain and maintain the necessary automobile insurance for vehicle with no lapse in coverage and Wife agrees to execute upon request the title or other documentation if necessary to effectuate the terms of this paragraph as provided herein. ii. 2004 Chevrolet Trailblazer - It is specifically agreed that Wife shall retain exclusive use, ownership and title of the 2004 Chevrolet Trailblazer purchased during the marriage. Wife shall be fully and solely responsible for any and all financial or other obligations associated with the 2004 Chevrolet Trailblazer, including but not limited to the secured loan with an approximate balance due of $19,000.00, and she agrees to indemnify and hold harmless Husband from any and all liability for same. Wife agrees to obtain and maintain the necessary automobile insurance for vehicle with no lapse in coverage and Husband agrees to execute upon request the title or other documentation if necessary to effectuate the terms of this paragraph as provided herein. D. PENSION, PROFIT-SHARING, RETIREMENT, OR OTHER PLANS RELATED TO EMPLOYMENT: The parties acknowledge that each has obtained during the marriage certain pension, profit-sharing, other retirement plans related to employment. More specifically, Wife has a 401(k) through T. Rowe Price with an approximate value of $13,000.00 and Husband has a 401(k) through T. Rowe Price with an approximate value of $21,000.00. The parties acknowledge that they have the right to have the retirement accounts valued to determine the value of marital property; however, the parties expressly waive their right to do so. The parties further agree that each party shall retain as his or her sole and exclusive property, any interest that he or she has in any -8- retirement account in his or her name, free and clear of any right, claim, title, or interest of the other party and each party agrees to execute any documents necessary to effectuate the purpose of this paragraph. E. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS AND INVESTMENT ACCOUNTS: The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts and other similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. If either party remains upon an account to be retained by the other party, the parties agree that they shall take all steps that are necessary to title the account to a sole name within thirty (30) days of the date of this Agreement. F. LIFE INSURANCE: The parties agree that each shall retain any and all life insurance policies in his or her name without claim by the other party and those assets shall be that party's sole and separate property. There shall be no restrictions on either party regarding designations of beneficiaries nor shall there be any other limitations regarding the financing, continuation, or termination of any life insurance policies held by either of the parties. G. MISCELLANEOUS PROPERTY: As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession after the expiration of six (6) months from the date of execution of this Agreement. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. -9- H. PROPERTY TO 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 shall become Wife's property after she has Husband released from any and all liability for same. 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. 1. PROPERTY TO 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 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. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or -10- demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties also agree to the following: a. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations that are marital debt. It is their specific desire to address a distribution of those debts herein. The parties agree that each party shall retain as his or her sole and separate obligation the marital debt as described in this section. b. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt as of the date of execution of this Agreement. C. Wife's debts: Wife shall be solely responsible for the following bills and debts: 1. Automobile Loan and Expenses: The secured loan for the 2004 Chevrolet Trailblazer and any and all other expenses related to the use and maintenance of the vehicle. 2. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein related to those assets to be retained by Wife. d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Automobile Loan and Expenses: The secured loan for the 2007 Ford Edge and any and all other expenses related to the use and maintenance of the vehicle. 2. Credit Card Debt: The Lowe's credit card account incurred during the marriage with an approximate balance due of $4,200.00 and the Mastercard account incurred during the marriage with an approximate balance due of $3,700.00. 3. Student Loans: The Nelnet loan with an approximate balance due of $43,287.00 and the AES loan with an approximate balance due of $5,489.00. 4. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. 11 e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. f. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that parry is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. It is also specifically agreed that each party agrees to execute immediately upon request any and all documentation necessary to effectuate the terms of this paragraph. 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims 12 which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph 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. 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 support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 11. TAX DEPENDENCY EXEMPTIONS. The parties agree that Husband shall be entitled to utilize the tax dependency exemptions for Jonathan A. Chernov, born May 3, 2002 (age 7 years); and Alisabeth G. Chernov, born January 7, 2005 (age 3 years); and Wife shall be entitled to utilize the tax dependency exemption for Alyssa P. Chernov, born November 19, 2003 (age 4 years), regardless of the custodial arrangement between the parties. Each party agrees to execute the proper IRS form required for the other's tax returns as needed within seven (7) days of his or her request for same. 12. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date 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 13 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. 13. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution schemes, and each parry expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 14. WAIVER OF CLAIMS. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 15. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the 14 marital estate, and each party will allow the other party access to those records in the event of tax audits. 16. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws; there are no such proceedings pending with respect to them which have been initiated by others; and they agree not to file a bankruptcy action prior to the completion of their respective obligations of this Agreement. It is stipulated and agreed by the parties that any payment made by one party to or for the benefit of the other party, including the direct payment of marital debt addressed in this Agreement, shall be deemed to be in the nature of support and maintenance and shall not be dischargeable in bankruptcy. The parties acknowledge that the payments and other terms of this Agreement are necessary for the parties to meet their financial obligations and to support and maintain their standard of living. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto and the parties agree to consent to any motion filed requesting that the bankruptcy courts abstain from deciding the dischargeability of the obligations in order to allow the appropriate Court of Common Pleas to rule upon this issue. 17. COUNSEL FEES AND COSTS. Husband and Wife each agree to be responsible for their own attorney's fees and costs incurred with respect to the negotiation and drafting of this Marital Settlement Agreement and the divorce proceedings related thereto. 18. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15 19. 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. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. Section 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 16 21. 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 breach or any provision of this Agreement. 22. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 23. 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 which the Agreement was signed by the last party to execute this Agreement. 24. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 25. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. 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. 26. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of 17 reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 27. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 28. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or her own choice, if any, and has executed it voluntarily and in reliance upon his or her own attorney, if any; 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. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 29. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, 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 actually incurred as a result of such failure. 30. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code 18 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 specifically not waived or released. 31. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. TNESS ANGE F. CHERNOV TNESS STEPHEN R. CHERNOV 19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF L Eg"a Al On this 14 day of 4MA/ , 2008, before me, the undersigned officer, personally appeared ANGELA F. CHERNOV, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Commonwealth of Pennsylvania NOTARIAL SEAL DENNIS L. BAUM, Notary Public Palmyra Boro, Lebanon County My Commission Expires June 25, 2009 tary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF ? I?C/Y ? _ On thisTK/ . day of J ill _ _, 2008, before me, the undersigned officer, personally appeared STEPHEN R. CHERNOV, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. 1 U?81111 O A ?INMM Not Public ?M??O?OMAr 20 na a CIi ?S."J 0 STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-0038 ANGELA F. CHERNOV, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on January 3, 2008. 3. Date and manner of Service of the Complaint: January 20, 2008, by Acceptance of Service filed on February 11, 2008. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on May 8, 2008, and filed on June 6, 2008. The Defendant's Affidavit of Consent was executed on June 4, 2008, and filed on June 6, 2008. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on May 8, 2008, and said waiver was filed on June 6, 2008. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on June 4, 2008, and said waiver was filed on June 6, 2008. 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated June 6, 2008, which will be incorporated into the Divorce Decree as per Paragraph 30 on page 18 of the Agreement. Respectfully submitted, Date: lo) LAW FIRM OF LINDA A. CLOTFELTER Clotfelter, Esquire I.D. No. 72963 5021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile C = C= MM -C N CA 0 STEPHEN R. CHERNOV, Plaintiff VS. ANGELA F. CHERNOV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-0038 : CIVIL ACTION - LAW : IN DIVORCE STIPULATION OF CUSTODY AND NOW, come the parties, Stephen R. Chernov, (hereinafter the "Father"), and Angela F. Chernov, (hereinafter the "Mother"), who enter a Stipulation of Custody with regard to their children, Jonathan A. Chernov, date of birth May 3, 2002, age (6) years, Alyssa P. Chernov, date of birth November 19, 2003, age (4) years, and Alisabeth G. Chemov, date of birth January 7, 2005, age (3) years (hereinafter the "Children"), and agree as follows: 1. Legal Custody - Mother and Father shall share legal custody of the Children. The parties agree that major decisions concerning their children, including but not necessarily limited to each child's health, welfare, education, religious training and up bringing shall be made by them jointly, after discussion and consultation with each other. Each party shall notify the other of any activity or circumstance concerning the children 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 and when any emergency decisions must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions. However, that parent shall inform the other parent of the emergency and shall consult with him or her as soon as possible. In accordance with 23 PA.C.S.A. Section 5309, each party shall be entitled to complete in full any 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. Mutual agreement shall be made in advance regarding the following matters: Enrollment or termination to a particular school or school program, advancing or holding the children back in school, authorizing enrollment in college, authorizing a child's drivers license or purchase of an automobile, authorizing employment, authorizing a child's marriage or enlistment in the armed forces, approving a petition for emancipation, and authorizing foreign travel, passport application or exchanged student status. 2. Physical Custody: a. Father shall have the Children Monday and Tuesday overnights and Mother shall have the Children Wednesday and Thursday overnights. b. The parties shall alternate weekends with the children such the children are always together. Alternating weekends shall be from Fridays after school or at 5:00 p.m. through Monday at 8:00 a.m. 3. Holidavs: The parties shall share the Easter and Thanksgiving holidays with Mother having the Children the first half of the day and Father having them the second half of the day. The following holidays shall be alternated: Memorial Day, Fourth of July, Labor Day, and Trick or Treat night, beginning with Father having Memorial Day in 2008. These holiday periods of custody shall be from 8:00 a.m. on the holiday through 8:00 a.m. the day after the holiday or as Mother and Father otherwise agree. 4. Christmas: The parties agree that the Christmas holiday shall be designated as two separate periods of custody to be alternated annually. The first Christmas period of the holiday custody shall be from noon on December 24 h through noon on December 25th and the second period Shall be from noon on December 256' through noon on December 26d'. The parties shall alternate the periods annually beginning with Father having the first Christmas custody period and Mother the second period in even numbered years and Mother having the first period and Father the second periods in odd numbered years. 5. Father's/Mother's Day: Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. The custody periods shall be from 8:00 a.m. on the holiday through 8:00 a.m. the day after the holiday or as Mother and Father otherwise agree. 6. Vacation: Mother and Father shall each be entitled to two (2) non-consecutive weeks of custody each year for the purpose of vacations. The vacation custody periods will supersede the regular custody schedule and each parent shall give the other thirty (30) days written notice of the dates of the custody period for vacation. If there is a conflict in the scheduling of vacations, the party first giving written notice to the other party prevails. 7. Agreement to Vary: Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. 8. Transportation: The parties shall share equally the responsible for transporting the Children for periods of custody. 9. Extracurricular Activities: The parties agree to organize ways for the Children to maintain their friendships, extracurricular activities, and other special interests, although each parent must obtain the consent of the other parent before arranging extracurricular activities for the Children. The parties also agree to provide the other with at least forty-eight (48) hours advance notice of activities whenever possible and both parties shall agree to honor and participate in the activities in which the Children wish to participate. During the times that the parents have physical custody of the Children, they will make certain that the Children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Children are able to participate in those events. 10. Contact information: Each parent shall keep the other parent notified of his or her address and telephone number. 11. Children's well-beine: The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent. 12. Modification: No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 13. Order of Court: The parties expressly stipulate and agree to have the terms of this Stipulation of Custody entered as an Order of Court for child custody to the above-captioned docket. 14. This agreement is binding and enforceable when signed by Stephen R. Chernov and Angela F. Chernov. Both parties' agree that this Stipulation of Custody shall be incorporated into an Order of Court of Common Pleas in Cumberland County, Pennsylvania and they further agree that the stipulation of custody fully resolve any and all child custody issues between the parties. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verify that the statements made in the foregoing Stipulation of Custody are true and correct to the best of our knowledge, information and belief We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Witnesses: S HE R. LCHERNNOV, Plaintiff ANG LA F. CHERNOV, Defendant cxs a?w E71 z r-n STEPHEN R. CHERNOV, Plaintiff, VS. ANGELA F. CHERNOV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-0038 : CIVIL ACTION - LAW : IN CHILD CUSTODY COMPLAINT IN CHILD CUSTODY AND NOW, comes Plaintiff, Stephen R. Chernov, by and through his counsel, Linda A. Clotfelter, who files this Complaint in Child Custody and in support thereof states the following: 1. Plaintiff is Stephen R. Chernov, (hereinafter "Father"), an adult individual who resides at 1407 Mallard Point Drive, Palmyra, Lebanon County, Pennsylvania 17078. 2. Defendant is Angela F. Chernov, (hereinafter "Mother"), an adult individual who resides at 107 East Maple Street, Palmyra, Lebanon County, Pennsylvania, 17078 3. The parties are the natural parents of three (3) Children namely Jonathan A. Chernov, date of birth May 3, 2002, age (6) years, Alyssa P. Chernov, date of birth November 19, 2003, age (4) years, and Alisabeth G. Chernov, date of birth January 7, 2005, age (3) years. The Children were not born out of wedlock. During the children's lives they have resided as follows: WITH WHOM ADDRESS FROM / TO Father 1407 Mallard Point Drive 2/1/08 to present Palmyra, PA 17078 Mother 107 East Maple Street 2/1/08 to present Palmyra, PA 17078 Mother, Father 510 Appalachian Avenue birth to 2/1/08 Mechanicsburg, PA 17050 The mother of the children is Angela F. Chernov, currently residing at 107 East Maple Street, 0 Palmyra, Lebanon County, Pennsylvania 17078. She is married. The father of the children is Stephen R. Chernov, currently residing at 1407 Mallard Point Drive, Palmyra, Lebanon County, Pennsylvania 17078. He is married. 4. The relationship of the plaintiff to the Children is that of Father. The plaintiff currently resides with the Children. 5. The relationship of the defendant to the Children is that of Mother. The defendant currently resides with the Children. 6. Father has not participated in any other litigation concerning these children in this or any other state. There are no other proceedings pending involving custody of these children in this or any other state. 7. Father knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 8. The best interests of the children will be served if the joint Stipulation of Child Custody executed by Mother and Father is entered as an Order of Court. 9. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the Children have been named as parties to this action. WHEREFORE, Plaintiff, Stephen R. Chemov, respectfully requests that, the Court enter an Order of Court granting the parties shared legal and physical custody of the children and granting such other relief as this Court deems just and proper Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: (e 14 O8 J22 da A. Clotfelter, Esquire orney ID No. 72963 1 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-0038 ANGELA F. CHERNOV, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY VERIFICATION I, STEPHEN R. CHERNOV, verify that the statements in the foregoing, COMPLAINT IN CHILD CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: ST CHERNOV, Plaintiff STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-0038 ANGELA F. CHERNOV, : CIVIL ACTION - LAW Defendant : IN CHILD CUSTODY CERTIFICATE OF SERVICE AND NOW, on this _2day of June, 2008, the undersigned hereby certifies that a true and correct copy of the foregoing COMPLAINT IN CHILD CUSTODY was served' upon the opposing party by United States First Class Mail, postage prepaid, addressed as follows: Angela F. Chernov 107 East Maple Street Palmyra, PA 17078 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER inda A. Clotfelter,'Esquire / l ttorney ID No. 72963 (? 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Ilz h •,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STEPHEN R. CHERNOV PLAINTIFF VERSUS ANGELA F. CHERNOV DEFENDANT DECREE IN DIVORCE AND NOW, ?NqW to DECREED THAT Stephen R. Chernov Angela F. Chernov AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. * June 6, 2008, shall be incorporated herein, but not merged, for No. 08-0038 2008 IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, PROTHONOTARY THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO?IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; lam/ ,kz * IT IS FURTHER ORDERED that the terms of the Marital Settlement Agreement of the parties dated _ ? ,. r ' JUN 0 9 2008 04V ?!' STEPHEN R. CHERNOV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-0038 ANGELA F. CHERNOV, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this r lO day 20081 upon consideration of the Stipulation of Custody filed to the above-captioned docket,. the Court hereby incorporates the Stipulation by reference into this Order of Court. lit 1 "J .?W `?IV1 V tj'