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HomeMy WebLinkAbout03-6597ROGER L. STONE, : Plaintiff : DIANE J. STONE, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Roger L. Stone, is a lieutenant colonel in the United States Marine Corps stationed at the White House in Washington DC. His home o£record is 1410 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013 and his. current residence is 650 9~ Street SW, Washington DC 20024. 2. The Defendant is Diane J. Stone, residing at 120 Locust Way, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks partial custody of the following children: PRESENT RESIDENCE NAME Tyler A. Stone Austin M. Stone Bailey E. Stone 120 Locust Way Carlisle, Pennsylvania 120 Locust Way Carlisle, Pennsylvania 120 Locust Way Carlisle, Pennsylvania D.O.B. 02/21/90 04/10/96 03/31/98 The children were not bom out of wedlock. The ckildren are presently in the custody of Diane J. Stone who resides at 120 Locust Way, Carlisle, Pennsylvania. During the past five years, the children have resided with. the following persons and at the following addresses: NAME Roger L. Stone (father) Diane J. Stone (mother Roger L. Stone (father) Diane J. Stone (mother) Diane J. Stone (mother) Diane J. Stone (mother) RESIDENCE Ft. Leavenworth, Kansas DATE 07/98 - 06/99 13 Sarrington Court Stafford, Virginia 13 Sardngton Court Stafford, Virginia 120 Locust Way Carlisle, Pennsylvania 06/99 - 05/19/01 05/19/01 - 07/02 07/02 - Present resides with the following person/persons: NAME Vanessa L. Stone 5. RELATIONSHIP Wife The relationship of Defendant to the children is that of mother. The Defendant The mother of the children is Diane J. Stone, currently residing at 120 Locust Way, Carlisle, Pennsylvania. She is divorced. The father of the children is Roger L. Stone, currently residing at 650 9~ Street SW, Washington DC. He is married. 4. The relationship of Plaintiff to the children is that of father. The Plaintiff currently currently resides with the following person/persons: NAIVIE Tyler A. Stone Austin M. Stone Bailey E. Stone RELATIONSHIP The parties' minor children 6. Pursuant to a final Decree of Divorce in the Circuit Court of Stafford County, Virginia, indexed to In Chancery No. 02-66, the parties, by agreement, entered into a custody arrangement that is incorporated on pages 4 and 5 of the said Decree which is attached hereto and marked Exhibit "A". Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to tiffs action. 9 The Plaintiff is anticipating a duty assignment to North Carolina after he completes his duty at the White House which should occur in the summer of 2004, but in no event, beyond the end of the year 2004. Because of this re-assignment, an Interim Custodial Order should be entered pending his move to North Carolina and, hereafter, a separate and distinct schedule reflecting the travel time necessary to exercise his partial custodial rights. WHEREFORE, the Plaintiff, Roger L. Stone, requests the corot to grant a regular partial physical custody of the minor children, Tyler A. Stone, Austin M. Stone and Bailey E. Stone, a specific holiday and summer schedule and specific arrangements regarding the sharing of transportation with the exception of the agreed upon custodial arrangement as set forth in the Virginia Court Order.. Date: JAMES, SMITH, DH~;TTERICK~CONN~LY LLP I;~(~t cen~ollxY~' ' 'q ~ PA I7033 (717) 533-3280 PA I.D. No. 1561:; VERIFICATION I verify that the statements made in th/s Pleading are tree 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. i Date: ~ ~,~! ~)~ Ro~er~. Stonel Plainer EXHIBIT "A" VIRGINIA: IN TIlE CIRCUIT COURT OF STAFFORD COUNTY DIANE JEAN STONE, (Social Security No. 169-52-6093) Complainant/Cross-Defendant, ROGER LEE STONE, (Social Security No. 179-44-7574) Defendant/Cross-Complainant. In Chancery No. 02-66 FINAL DECREE OF DIVORCE A VINCULO MATRIMONI! THIS CAUSE came on to be heard this day upon Complainant/Cross-Defendant, DIANE J. STONE's (Complainant") Bill of Complaint; upon Defendant/Cross-Complainant, ROGER LEE STONE's ("Defendant") Answer and Cross-Bill of Complaint; and upon the testimony of Defendant and his wimess in support of his Cross-Bill of Complaint in divorce depositions conducted on May 21, 2003; and it APPEARING TO THE COURT, independently of the admissions of either party, in the pleadings or otherwise, that the parties are properly before this Court; the Court has jurisdiction to hear and determine the issues in this cause, and venue is proper; that both parties are over the age of eighteen (18) years; that Defendant is a member of the Armed Forces of the United States on active duty and that he has waived protection under the Soldiers and Sailor's Relief Act; that Complainant was and had been an actual bonafide resident and domiciliary of the Commonwealth &Virginia for more than six (6) months next preceding the commencement of this suit; that the parties were lawfully man/ed to each other on August 10, 1985, in Carlisle, Pennsylvania; that three (3) children were bom of the marriage, namely: Tyler A. Stone, bom February 21, 1990; Austin M. Stone bom 10, 1996; and Bailey E. Stone, born March 31, 1998; that the parties last cohabited with one another in Stafford County, Virginia, that the parties separated on or about May 19, 2001, with the intent of at least one of the parties to remain permanently separated and that the separation has been continuous and uninterrupted, without any cohabitation and without any interruption, since that date to the present, which is a period exceeding one ( 1 ) year; that there is no reasonable hope or prospect of reconciliation between the parties; and it further APPEARING TO TItE COURT that the parties entered into a Property, Custody and Support Settlement Agreement ("Agreement") dated May 7, 2003; which agreement resolves all matters pertaining to custody, properly, support, and all other matters arising out of the marital relationship. By the endorsements of the parties to the Agreement, they acknowledge that they desire that the Agreement be ratified, affirmed, and incorporated into, but not merged with, the Final Decree of Divorce; and IN CONSIDERATION YVHEREOF, it is therefore ADJUDGED, ORDERED, and DECREED that Defendant/Cross-Complainant, ROGER LEE STONE, be, and hereby is, granted a divorce a vinculo matrimonii from Complainant/Cross- Defendant, DIANE JEAN STONE, on the ground that the parties have lived separate and apart, without any cohabitation or any interruption for a period in excess of one (1) year, the parties hereto are declared forever to be divorced from one another and the bonds ofmalrimony heretofore existing between the parties are forever dissolved; and it is further ADJUDGED, ORDERED and DECREED that the terms of the parties' Pmperty, Custody and Support Settlement Agreement dated May 7, 2003, be, and hereby are, ratified, af£n-med, and incorporated, but not merged, into this Final Decree of Divorce as though fully set forth herein, 2 pursuant to §20-109.1 of the Code of Virginia, (1950), as amended, and the parties are ordered to comply with the terms and provisions of the aforesaid Agreement; and it is further ADJUDGED, ORDERED and DECREED that the provisions for support and maintenance of the parties are set forth in paragraph 26 on pages 8 10 of the Agreement as follows: SPOUSAL SUPPORT 26. Husband shall pay Wife periodic spousal support as follows: (A) Commencing on the first day of the month following entry of a final decree, $2,300.00 per month for a period of ninety-six (96) months or until the occurrence of the first termination event set forth below. Said mount shall be paid in two equal installments of $1,150.00 on the first (1st) and fifteenth (15th) day of each month; and shall be paid via payroll allotment, automatic transfer, or other electronic means. 03) The spousal support payment set forth in paragraph A hereinabove shall be adjusted each year on January 1 to reflect any cost of living adjustment ("COLA") Husband receives from his employer. If Husband receives a COLA, his spousal support payment shall increase by the same percentage basis as the COLA. For example, if Husband receives a 2% COLA, his spousal support obligation shall increase 2%. The new amount shall be paid in two equal installments on the first (I st) end fifteenth (15th) day of each month; and shall be paid via payroll allotment, automatic transfer or other electronic means. (C) After the 96th payment, the parties shall recalculate the amount of spousal support for an additional term of thirty-six (36) months based upon the current incomes of the parties at that furore time. In the event this Agreement, or the Final Decree of Divorce, has been enrolled with the court of another state, that state's law shall control the calculation of the amount of spousal support. The new amount shall terminate in the one htmdred and thirty-second (132) month following execution of this Agreement or at the occurrence of the first termination event set forth below. Said amount shall be paid in two equal installments on the first (1st) and the fifteenth ( 15th) day of each month; and shall be paid via payroll allotment, automatic transfer, or other electronic means. (D) Notwithstanding anything contained herein to the contrary, said spousal support payments shall permanently cease upon: (i) the 132"d such monthly payment by Husband; (ii) Wife's remarriage; (iii) Wife's habitual cohabitation with another person in a relationship analogous to a marriage for one year or more; (iv) Wife's death; or (v) upon Husband's death, whichever event first OCCnrS. (E) The parties acknowledge and agree that said periodic spousal support payments shall constitute taxable income to Wife and shall be fully deductible by Husband for income tax purposes. (F) Husband shall provide Wife 'with his annual LES, W2s or 1099s from his employer(s) each January as long as support is payable, and Wife shall provide Husband with her annual W2s or 1099s from her employer(s) each January as long as support is payable. And it is further ADJUDGED, ORDERED and DECREED that the provisions for custody and visitation are set forth in paragraphs 27 - 29 on pages 10 - 13 of the Agreement as follows: CUSTODY AND VISITATION 27. The parties shall have joint legal custody of the minor children of the marriage, with the primary residence of the minor children to be with Wife until further agreement of the parties or order of the court. The parties further agree that should Wife predecease Husband, then it is in the children's best interests that their primary residence should be with their father, Roger Lee Stone. (A) On all important matters relating to the children, the parties shall confer with each other with the goal of adopting a harmonious policy regarding the interests of the children. Gl) Each party shall promptly notify and consult with the other party with respect to any medical problems or illness of the children. (C) Neither party shall put any obstacle in the way of maintemmce of love and affection between each of them and the children. They will not belittle, berate, scorn, ridicule or condemn the other in the presence of the children, and each will actively attempt to generate a feeling of goodwill between the other parent and the children. (D) Husband shall have liberal and reasonable rights of visitation upon reasonable notice including, but not limited to, the following: (1) The first and third weekend of every month. The first weekend includes any weekend where the Saturday is the first day of a new month. Husband shall pick-up the children on Saturday at 9:00 a.m. at Wife's residence, the babysitter's residence, or at any other mutually agreed upon location. Wife shall pick-up the children at Husband's residence, or at any other mutually agreed upon location, at 4:00 p.m. on Sunday afternoon. Any missed weekend visits may be rescheduled by the mutual consent of Wife and Husband. Wife may schedule weekend acfivities&ommitments for the children during Husband's weekend custodial time so long as Husband does not object; however, Wife shall be responsible for transporting the minor children to and from the scheduled activity/commitment. The parties will have the children packed and ready for pick-up or delivery. (2) Three (3) non-consecutive weeks during the summer. Husband shall notify Wife of his selected weeks for the summer of 2003 by May 1, and in each subsequent year, by April 1. 4 (3) The holidays shall be alternated and each year the parent spending the holiday with the children shall be switched so that within a two- year (24-month) period, each parent will have spent each holiday named below with the children. For example, the first two years would be as follows: 2003 2003 2003 2004 2004 2004 2004 2004 2004 2004 2005 2005 2005 2005 (4) FOURTH OF JULY: Husband LABOR DAY WEEKEND: Wife THANKSGIVING WEEKEND: Husband MARTIN LUTHER KING WEEKEND: Wife PRESIDENT'S DAY WEEKEND: Husband EASTER/SPRING BREAK WEEK: Wife - MEMORIAL DAY WEEKEND: Husband - FOURTH OF JULY: Wife - LABOR DAY WEEKEND: Husband - THANKSGIVING WEEKEND: Wife MARTIN LUTHER KING .WEEKEND: Husband PRESIDENT'S DAY WEEKEND: Wife EASTER/SPRING BREAK WEEK: Husband MEMORIAL DAY WEEKEND: Wife The Christmas holiday shall be divided into two parts. The first half of the holiday shall commence at the close of school for the Christmas/winter recess and extend until 9:00 a.m. on December 26. The second half of the holiday shall then commence at 9:00 a.m. on December 26 and shall extend through 4:00 p.m. on the day before school restarts at the conclusion of the Christmas/winter recess. In 2003, the children shall spend the first half of the Christmas holiday with Wife, and the second half with Husband. Thereafter, every year the parties shall alternate the Christmas holiday with Husband having the first half in 2004, and Wife having the second half. (5) This visitation schedule set forth herein shall stay in effect as long as the parties reside within thirty miles of their current addresses. In the event that either party relocates further than 30 miles of his or her current residence, Husband's visitation shall be readdressed and any further agreement shall be reduced to writing pursuant to the terms of this Agreement. 28. The parties shall consult with one another on all matters regarding the care, custody, maintenance, education, recreation and residence of the minor children regardless of whether Husband and Wife continue to reside in close proximityto one another. 29. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the minor children and the other parent. And it is further ADJUDGED, ORDERED and DECREED that the provisions regarding child support are set forth in paragraphs 30 - 34 on pages 13 - 14 of the Agreement as follows: CHILD SUPPORT 30. Commencing on the first day of the month following execution of this Agreement, Husband shall pay to Wife, as and for child support and maintenance, the sum of $1,500.00 per month and continuing each and every month thereafter until further modification by the court or until the parties' oldest child, Tyler, reaches the age of nineteen (19) or graduates from high school, whichever first occurs. Upon Tyler's reaching the age of nineteen (19); graduation from high school, marriage, death, joining the Armed Forces of the United States or otherwise becoming emancipated by operation of law, whichever first occurs, the child support obligation shall be reduced by $500.00. 31. The child support payment set forth in paragraph A herein_above shall be adjusted each year on Jamuary 1 to reflect any cost of living adjustment ("COLA") Husband receives from his employer. If Husband receives a COLA, his child support payment shall increase by the same pementage basis as the COLA. For example, if Husband receives a 2% COLA, his child support obligation shall increase 2%. The new amount shall be paid in two equal in~tallments on the first (1st) and fifteenth (15m) day of each month; and shall be paid via payroll allotment, automatic transfer or other electronic means. 32. The child support amount shall be paid in two equal installments on the first (1 st) and the fifteenth (15th) day of each month; and shall be paid via payroll allotment, automatic transfer, or other electronic means. The child support shall temfinate as to Tyler and Bailey when each child attains the age of eighteen (18) years, except that it shall continue to be paid for any child who is: (i) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the parent seeking or receiving child support, until such child reaches the age of nineteen (19) or graduates from high school, whichever first occurs. Child support shall continue for Austin as long as he is not self-supporting and is living in the home of the parent seeking or receiving child support. 33. The child support payments shall terminate, in any event, as to each minor child if he or she marries, dies, joins the Armed Fomes of the United States, or otherwise becomes emancipated by operation of law, or upon the death of either party, whichever event first occurs. Payments shall cease effective the month following the occurrence of the terminating event. 34. Husband shall make a one-time only additional child support payment of $863.00, and a one-time only additional spousal support payment of $1,250.00. These amounts shall be payable to Wife in four monthly installments of $528.25 with the first payment commencing thirty days from execution of this Agreement. And it is further ADJUDGED, ORDERED and DECREED that the provisions for medical insurance are set forth in paragraph 35 on pages 14 - 15 of the Agreement as follows: MEDICAL INSURANCE 35. Husband shall maintain, for the benefit of the minor children, and pay the costs of his present policy or a comparable policy of medical and dental insurance, for so long as one of the children is eligible to be covered under said policy. Husband shall provide medical insurance for Austin Stone until Austin becomes eligible for insurance on his own. If Austin becomes eligible for his own health insurance, Husband shall continue to pay 50% of all reasonable and necessary medical expenses incurred by Austin. Husband shall pay the deductible directly to the treating person or facility all reasonable and necessary medical, dental, surgical, nursing, hospital, orthodontic, counseling expenses, medical equipment, formula and therapy, etc., incurred by the minor children which are not covered by said insurance. Further, Husband shall reimburse Wife within ten (10) days of presentation of supporting documentation, for any reasonable and necessary direct medical payments she makes on behalf of any of the children. Husband and Wife shall each be liable for any and all of their own medical and dental expenses, including deductible amounts, which are not covered by said iusuranee. And it is further ADJUDGED, ORDERED and DECREED that pursuant to Section 20-107.3 Paragraph G, Diane Jean Stone shall receive a share of Roger Lee Stone's United States Marine Corps Retirement as set forth in paragraphs 44 - 54 on pages 18 - 21 of the Agreement as follows: PENSION AND MILITARY RETIREMENT ACCOUNTS 44. Acknowledgment: The parties acknowledge and agree that [Diane Jean Stone] has an interest in that portion of[Roger Lee Stone]'s retirement which was earned during the parties' marriage and cohabitation. 45. For the purpose of this [Order], the term "pension" shall be defined as any and all monies due to [Roger Lee Stone] from any agency of the United States Government, which are in the nature of retired or retainer pay, pension, deferred eompeusation, retirement lump sum, retirement savings plan and for annuities whether payable in installment payments or lump sum payments. 46. [Diane Jean Stone]'s Share of the Gross Retired Pay: The parties agree that as a matter of law and as a property fight, [Diane Jean Stone] shall be paid a portion of the gross monthly amount that [Roger Lee Stone] receives each month as payment of his U.S. Marine Corps pension (retired pay) based upon the following formula ("the formula"), along with a pro rata increase of all cost of living allowances (COLAS). 47. "The Formula": [Diane Jean Stone]'s share shall be 48% of a fraction of [Roger Lee Stone]'s gross monthly retired pay. The fi.action shall have as its numerator 15 years and the denominator shall be the number of years of credit [Roger Lee Stone] is given to compute his retirement. 48. Payments to [Diane Jean Stone] shall commence upon [Roger Lee Stone]'s retirement. Payments to [Diane Jean Stone] shall be made so long as [Roger Lee Stone] lives and receives the retired pay and shall always include any and all COLAs or other increases granted to [Roger Lee Stone] at anytime herea~er. [Roger Lee Stone] shall designate [Diane Jean Stone] as h'revocable beneficiary of the maximum benefit available under the Survivor Benefit Plan~ [Roger Lee Stone] shall not later change the SBP election. Payments to [Diane Jean Stone] shall be direct pay, directly from the government to [Diane Jean Stone]. However, in the event that [Roger Lee Stone] receives [Diane Jean Stone]'s share of the ret[red pay, he shall be deemed a constructive lxustee and shall pay [Diane Jean Stone]'s share to her within five (5) days of receipt. 49. The parties acknowledge that under current law the government will only pay direct to [Diane Jean Stone] a portion of [Roger Lee Stone]' "disposable pay" (as defined in 10 U.S.C. 1408) and that the amount paid to her earmot exceed fifty percent (50%) of[Roger Lee Stone]'s"disposable pay." Within ninety (90) days al~er entry of this [Order], [Roger Lee Stone] shall prepare, execute and forward to the appropriate government Finance Center a statement directed to the Center permanently authorizing the appropriate officials to release to [Diane Jean Stone] copies of [Roger Lee Stune]'s pension or retired pay statements, and [Roger Lee Stone] shall request that such statements automatically be forwarded to [Diane Jean Stone]. [Roger Lee Stone] shall forward to [Diane Jean Stone] a copy of his statement to the Finance Center when he forwards it to them. 50. The parties anticipate that there will be no deductions fi.om [Roger Lee Stone]' retired pay which will reduce his net disp6sable pay as defined in 10 U.S.C. Section 1048 and that there will be none prior to computation of[Diane Jean Stone]'s share of his gross monthly retired pay. That is, there will be no deductions for any of the items listed in the definition of"disposable retired pay" found in 10 U.S.C. Section 1048 (a)(4). However, if [Roger Lee Stone] becomes eligible for disability retirement payments under 10 U.S.C. Sections 1201-1221 or Veteran's Administration disability retirement payments, [Roger Lee Stone] will reimburse [Diane Jean Stone] for any reduction in retirement pay each month. The waiver ora portion of [Roger Lee Stone]'s disposable retirement pay for disability, VA, separation pay, or other payments, will not affect the amount the [Diane Jean Stone] is to receive under this [Order]. [Roger Lee Stone] shall reimburse [Diane Jean Stone] for any reduction due to waivers as set out above. Responsibility for Taxes on the Retired Pay 51. [Diane Jean Stone] shall be responsible for state and federal taxes on her share of the gross retired pay that she receives pursuant to the formula in paragraph 46 above and [Roger Lee Stone] shall be responsible for the state and federal taxes on the remaining percentage of the retired pay that he receives. Each party will fully indemnify and hold the other harmless onthe taxes that he or she respectfully is responsible for paying. [Roger Lee Stone] shall take no action to interfere with [Diane Jean Stone]'s rights to receive direct pay from the Military Pay Office. 52. [Roger Lee Stone] shall provide a copy of his annual pension or retired pay benefit statement to [Diane Jean Stone] upon her request if she does not receive it directly from the Finance Center. This Order shall be interpreted in light of the Uniformed Services Former Spouse Protection Act ("Act"), codified as 10 U.S.C. Section 1408, as amended, and is subject to modification should it become necessary to conform this Order to the requirements of the Act or the implementing regulation. And it is further ADJUDGED, ORDERED and DECREED that in compliance with the requirements of §20-60.3 of the 1950 Code of Virginia, as amended, the Court specifically includes the following as part of this Order: NOTICES and INFORMATION: Pursuant to §20-60.3 of the 1950 Code of Virginia, as amended, the parties are hereby notified of the following provisions of Virginia law and the parties hereby represent to this court that the information provided below is true information: 1. Support payments may be withheld as they become due pursuant to {}20-79.1 or §20- 79.2,.from income as defined in §63.2-1900, without further amendments of this Order or having to file an application for services with the Depa~hnent of Social Services. 2. Support payments may be withheld pursuant to Chapter 19 (§63.2-1900, et seq.) of Title 63.2 without further amendments to the order upon application for services with the Department of Social Services. 3. The following is true information regarding the parties who are the subjects of this Order. The person responsible for paying child support is Defendant. COMPLAINANT/CROSS-DEFENDANT: DIANE JEAN STONE Date of Birth: September 29, 1962 9 Social Security Number: Driver's License Number: Residence Address: Residence Phone Number: Mailing Address if different from residence: Employer Name: Employer Address: Employer Telephone Number: 169-52-6093 197-99-968 State of Issue: Pennsylvania 120 Locust Way Carlisle, Pennsylvania 17013 (717) 258-1111 N/A DEFENDANT/CROS S-COMPLAIANT: Date of Birth: Social Security Number: Driver's License Number: Residence Address: Residence Phone Number: Mailing Address if different from residence: Employer Name: Employer Address: Employer TelePhone Number: ROGER LEE STONE April 27, 1963 17944-7574 19-957-905 State of Issue: Pennsylvania 650 9th Street, S.W. Washington, D.C. 20024 (202) 249-2227 N/A White House Military Office 725 17th St., NW Washington, DC 20503-0009 (202) 757-1453 4. A petition may be filed for the suspension of any license, certificate, registration or other authorization to engage in a profession, trade, business or occupation issued by the Commonwealth of Virginia to a pemon responsible for support as provided in §63.2-1937, upon a delinquency for a period of ninety days or mom in an amount of $5,000.00 or more. Neither party holds any such licenses, registrations or certificates. 5. The Order of this Court as to the amount of child support and spousal support, expressed in fixed sums, together with the payment interval, the date payments are due, and the date the first payment is due, are set forth in the support provisions of this Decree. 6. Child support will continue to be paid for any child over the age of eighteen who is 0) a full-time high school student, (ii) not self-supporting, and (iii) living in the home of the party 10 seeking or receiving child support until such child reaches the age of nineteen or graduates fromtfigh school, whichever first occurs. 7. The Order of this Court as to health care coverage for the minor children is set forth in the health care provisions of this Order. The health insurance carrier which provides the coverage applicable to this Order is Tricare Standard and United Concordi~ The Tricare policy is provided all or in part as a benefit to Defendant by his employer, the United States Marine Corps. This Order does not contain any provision for health care coverage for a former spouse. 8. The Order of this Court as to the amount and terms of any arrearages in support are set forth in the arrearage provision of this order. 9. If child support payments have been ordered, then, unless the Court orders otherwise for good cause shown, the parties shall give each other and this Court at least thirty (30) days' advance written notice of any change in address, and shall give notice of any change of telephone number within thirty (30) days at~er the change. The parties shall give these notices to each other and, when payments are to be made through the Department of Social Services (DSS), to the DSS. 10. If child support payments are ordered to be paid through the DSS, the obligor shall keep the DSS informed of his or her current employer's name, address and telephone number~ If payments are made directly to the obligee, then the obligor shall keep this Court informed of his or her current employer's name, address and telephone number. 11. The separate amounts due to each person under this order for child support, spousal support, or a unitary award, if any, are set forth in the support provisions of this Decree. 12. In determination of a support obligation, the support obligation as it becomes due and - unpaid creates a judgment by operation of law. 11 13. The Department of Social Sen, ices may, pursuant to Chapter 19 (§63.2-1900, etseq.) of Title 63.2 and in accordance with §20-108.2 and §63.2-1921, initiate a review of the mount of support ordered by any court. And it is further ADJUDGED, ORDERED and DECREED as follows: 1. Custody and Timesharing: The custody and timesharing provisions are as set forth above on pages 4-5 of this Decree. Snousal Suooort: The spousal support provisions are as set forth above on page 3 of this Decree. 3. Decree. 4. Child Support: The child support provisions are as set forth above on page 6 of this Income Withholding Order: Pursuant to §20-79.2 of the 1950 Code of Virginia, as mended, child support shall be by allotment directly from Defendant's monthly salary to Complainant. 5. Health Care Coverage: The medical insurance coverage provisions are as set forth above on page 7 of this Decree. 6. Arrearages: Except as specifically set forth herein, no support arrearages exist as of the date of this Decree. Respondent has not made the support payment of $528.25 which was due on June 21,2003 pursuant to Paragraph 34 of the parties' agreement. And it is further ADJUDGED, ORDERED and DECREED that pursuant to § 20-124.5 of the 1950 Code of Virginia, as amended, either party who intends to relocate his or her residence shall give a thirty (30) - day advance written notice of any such intended relocation and of any intended change of address to the other party and to this Court; and it is further 12 ADJUDGED, ORDERED and DECREED that neither parent shall be denied access to the academic, medical, hospital or other health records of the minor children; and it is further ADJUDGED, ORDERED and DECREED that the parties, by mutual consent, waive their 21 day notice of appeal of this Decree; and it is further ADJUDGEI~, ORDERED and DECREED that Richard F. Gibbons, Jr., and Richard F. Gibbons, Jr., PLC, counsel of record for Defendant/Cross-Complainant, be and they hereby are, permitted to withdraw as counsel herein effective upon entry of this Final Decree of Divorce, and it is further ADJUDGED, ORDERED and DECREED that the Clerk of the Court may issue certified copies of this Decree to counsel for Complainant and counsel for Defendant. THIS CAUSE IS FINAL. ENTERED THIS ~ DAY OF WE ASK FOR THIS: COUNTY 'L~'I'~I~_.E~. S~LL~,I ' / A COPY TESTE: Locklear & Sailer 385 Gamsonville Road, Suite 110 Stafford, Virginia 22554 (540) 659-8300 - telephone (540) 659-8334 - facsimile Counsel for Complainant ~arbara G. Decatur. CLERK .~RCUIT COURT OF STN-I-:ORD 13 RICHARD F. GIBBONS~ JRt, PLC 3905 Raikoad Avenue, Suite 200 North Fairfax, Virginia 22030 (571) 432-0200 - telephone (571) 432-0587 - facsimile Counsel for Defendant 14 C) ROGER L. STONE : 1N THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND OUNI'Y, PENNSYLVANIA V. 03-6597 CIVIL ACTION LAW : DIANE J. STONE : IN CUSTODY DEFENDANT ORDER OFCOURT AND NOW, Thursday, January 08, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, February 02, 2004 at 1:30 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 de£me 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 hearinl~. FOR THE COURT, By: /s/ Melissa P. Greev? 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 TItlS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPttONE TIlE OFFICE SET FORTH BELOW 'FO FIND OUT WHERE YOU CAN GET LEGAL HF, LP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROGER L. STONE, : Plaintiff : DIANE J. STONE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-6597 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF pENNSYLVANIA : : SS. COUNTY OF DAUPHIN : AND NOW, this 28th day of Janua~, 2004, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Cormelly, Jr., Esquire, who, being duly sworn according to law, de'poses and says that a copy of the Custody Complaint and Order scheduling the conciliation conference was served on the Defendant, Diane J. Stone, on January 15, 2004, by certified mail number 7002 0860 0004 2141 9642, as evidenced by the remm receipt card attached hereto and made a part hereofi Swom to and subscribed before me this day ~0,~d-~, 2004. U Notary~ub*lic My~Gom NO~A~ SEAL Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin mission Expires Feb. 9, 2004 ROGER L. STONE, DIANE J. STONE, Plaintiff Defendant FE~)~2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6597 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day, of February, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le(~al Custodv. The Mother, Diane J. Stone and the Father, Roger L. Stone, shall have shared legal custody of the minor children, Tyler A. Stone, bom February 21, 1990, Austin M. Stone, born April 10, 1996, and Bailey E. Stone, born March 31, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, IEP meetings, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged as follows: A. Commencing February 6, 2004, on alternating weekends, from Friday at 7:00 p.m. until Sunday at 5:00 p.m. On the Sunday of Father's custodial weekends, Father will arrange for Austin to have three (3) oral and three (3) tube feedings. Father will provide transportation at the commencement of his custodial weekend. Mother will provide transportation at the conclusion of Father's custodial weekend. The alternating weekend schedule will end upon Father's relocation to North Carolina. NO. 03-6597 CIVIL TERM 3. Summer 2004. A. Father will have custody of the children for the period June 13, 2004 through June 27, 2004 beginning and ending at Noon. The parent receiving custody shall provide transportation incident to the custodial exchanges for this period of Father's vacation custody. This transportation arrangement presumes that Father remains stationed in Washington, D.C. through June 27, 2004. B. Father shall have custody for the period from 8:00 a.m. on July 25, 2004 through August 7, 2004. Father shall provide transportation at the commencement of his custodial period. 4. Thanksaivinq. The parties will alternate the Thanksgiving holiday each year. In even-numbered years, Father shall have custody for Thanksgiving. In odd-numbered years, Mother shall have custody for Thanksgiving. The Thanksgiving holiday shall be defined as that period from 8:00 a.m. the Wednesday before Thanksgiving through 8:00 a.m. the Monday after Thanksgiving. Father shall provide transportation at the commencement of his custodial period for this holiday. 5. Christmas. Father shall have seven (7) consecutive days of custody during the Christmas school recess. The seven-day period shall either occur for the first seven (7) days commencing with the first day that school is dismissed or commencing the last seven (7) days prior to the evening before school resumes from the holiday break. In even- numbered years, Father will have the first seven (7) days of the school recess beginning with the day school is dismissed and Mother will have the remaining days of the Christmas school recess. In 2005 and subsequent odd-numbered years, Father will have the last seven (7) days prior to school resuming and Mother will have the initial days of the Christmas school break prior to Father's custodial time. 6. Easter. The parties recognize that the children's school district traditionally dismisses school for the Thursday and Friday prior to Easter and the Monday after Easter. However, in some years, the children are off for the Easter break for only one (1) school day due to snow cancellations. In the event that the Easter break provides for only one (1) school day off for the children in addition to Easter weekend, Mother shall have custody for the Easter school holiday, in the event that the children have off more than one (1) school day for the Easter holiday, Father shall have custody for the Easter school holiday. NO. 03-6597 CIVIL TERM 7. Telephone Contact. Father will initiate a telephone call to the children between 6:30 p.m. and 7:30 p.m. on Tuesday, Wednesday or Thursday each week. In the event that Father is not able to successfully complete a telephone call, he will leave a message. It shall be Mother's responsibility to place the return call so that the children may speak with their Father. In the event that Father has custody of the children for a period to exceed a custodial weekend, and during that time Mother initiates a telephone call to the children which Mother is not able to complete, Father will place a return call so that the children may speak with their Mother. 8. Labor Day/Memorial Day. Mother will have custody for each Memorial Day and Labor Day holiday after Father has relocated to North Carolina. 9, A hearing is scheduled in Courtroom Number ! of the Cumberland County Courthouse, on the ,~7-/u day of 'TY)~-- , 200 ~ , at ~: $ 4) o'clock ~ .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Roger L. Stone, shall be deemed to be the moving party and shall proceed initially with testimony. The hearing will be limited to the issues of the parent's sharing of transportation incident to custodial exchanges after Father's relocation to assignment in North Carolina, and Father's periods of partial custody to occur during the Summer school recess to commence the Summer of 2005. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on 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 ten days prior to the hearing date. Dist: BY THE COURT: John J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17033 Bradley L. Griffie, Esquire. 200 N. Hanover Street, Carlisle, PA 17013 ROGER L. STONE, DIANE J. STONE, Plaintiff Defendant FEB 0 6 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6597 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19'15.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME Tyler A. Stone Austin M. Stone Bailey E. Stone DATE OF BIRTH February 21, 1990 April 10, 1996 March 31, 1998 CURRENTLYIN THE CUSTODY OF Mother Mother Mother 2. Father filed a Complaint for Custody on December 26, 2003. A Custody Conciliation Conference was scheduled for February 2, 2004. Present for the conference were: the Father, Roger L. Stone, and his counsel, John J. Connelly, Jr., Esquire; the Mother, Diane J. Stone, and her counsel, Bradley L. Griffie, Esquire. 3. The parties reached a partial agreement encompassing telephone contact, the Summer schedule for 2004, the alternating weekend schedule, Easter, Thanksgiving, and Christmas. The issues upon which the parties did not agree are the sharing of transportation after Father relocates to Cherry Point Marine Corps Air Station in Havelock, North Carolina, and the schedule of custody for Father during future Summer school recesses. Those issues upon which the parties do not agree will require a hearing which will be scheduled. 4. Mother's position is as follows: A. Transportation: Mother is willing to share in part of the transportation required incident to the custodial exchanges until such time as Father relocates from his present assignment in Washington, D.C. to North Carolina. Mother is willing to continue to provide transportation at the end of Father's custodial period on his alternating weekends and at the end of the NO. 03-6597 CIVIL TERM first planned Summer vacation time for Father while he remains assigned to the Washington, D.C. area. During these times, Mother provides transportation at the end of Father's custodial period. However, once Father has relocated to North Carolina, Mother is unwilling to share equally in the transportation. She is willing to meet approximately three (3) hours from Carlisle at Stafford, Virginia at the end of Father's custodial periods which approximates the amount of assistance which she is currently providing with transportation. Mother points out that it is Father's move that is creating the additional travel time incident to the custodial exchanges. She also points out that she would have to miss time off work and would likely require an overnight hotel stay each time she would share in the transportation were she required to provide transportation at either the beginning or end of Father's custodial periods after his relocation. B. Summer Vacation: Mother's position with regard to Summer vacation for 2005 and subsequent years is that Father should be provided with two (2) periods each Summer of two (2) weeks duration each. Mother points out that the middle child participates in a six-week extended school year program. This child is presently attending a Life Skills class in the Carlisle Area School Distdct and has multiple challenges including Down Syndrome and medical problems. The parties' oldest child participates in band camp dudng the eady part of August. The parties have worked around this in the 2004 Summer schedule. 5. Father's position is as follows: Father is presently in the Marines and stationed in Washington, D.C. However, he presently has orders to report to Cherry Point Air Station in North Carolina on or about July 31, 2004. For purposes of these proceedings, he has waived the protections of Soldiers and Sailors Relief Act. A. Transportation: Father would like to have Mother share in the transportation responsibility under a schedule that would provide for the parent receiving custody of the children to provide transportation at the beginning of their custodial period. To that end, after his move, Father plans to drive to Carlisle the day before the beginning of his custodial period so that he may pickup the children at 8:00 a.m. the following morning. Father reports that the drive time between Carlisle and Havelock, North Carolina is approximately eight (8) hours. B. Summer Vacation: With regard to the vacations in Summer commencing 2005, Father proposes that he have custody to begin the second NO. 03-6597 CIVIL TERM Sunday after the first full week that the children are out of school until the second Sunday pdor to the beginning of the school year. In the middle of this block of time, but not to include the July 4th holiday, Father would propose a week during which time Mother could have a Summer vacation with the children. While this arrangement would provide the July 4th holiday to Father each year, he points out that his relocation would provide Mother with the Labor Day weekend and Memorial Day weekend holiday every year. 6. The Order attached reflects and agreement of the parties and includes a paragraph scheduling a hearing on the issue of Summer vacations commencing in 2005 and the sharing of transportation commencing with Father's July/August 2004 Summer custodial period, Counsel have stipulated to the admissibility of MapQuest exhibits in evidence in the hearing without objection. Date Custody Conciliator :223905 ROGER L. STONE, Plaintiff DIANE J. STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6597 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of May, 2004, upon agreement of counsel that is matter is being resolved amicably, the custody hearing previously scheduled for May 20, 2004, is CONTINUED GENERALLY. Counsel are directed to contact the Court if they desire a hearing in this matter. BY THE COURT, /fohn J. Connelly, Jr., Esq. P.O. Box 650 Hershey, PA 17033 Attorney for Plaintiff ,/l~radley L. Griffie, Esq. 200 N. Hanover Street Carlisle, PA 17013 Attorney for Defendant /.,;Wesley Oler,'Jr?, (~-. / :rc ROGER L. STONE, Plaintiff VS. DIANE J. STONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBER-LAND COUNTY, PENNSYLVANIA NO. 03-6597 CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY JUL 0 6 2004 ORDER OF COURT ANDNOWthis ~ ~[4 day°f "~ x~[~ , 2004, our prior Order of February 4, 2004 is hereby vacated and the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, CCi John J. Connelly, Jr., Esquire Attorney for Plaintiff Bradley L. Griffie, Esquire Attorney for Defendant