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HomeMy WebLinkAbout08-1854' VJ/ L.ll -tju I 1 0. Ua ._.J 1 Q 2 3 V 4 5 ?• 6 7 8 9 10 11 12 13 14 15 16 17 •18 19 20 21 22 23 24 25 26 27 28 J1n?D/L7177, GERALD I. NESTER State Bar No. 28400 GERALD I. NEITER A Professional Corporation 1925 Century Park East, Suite 2000 Los Angeles, California 90067-2721 (310) 277-2236 Attorney for Respondent, MICHELLE KOWAL p _ A'4 LOS OCT 1 8 2007 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES 1PETER D. KOWAL, VS. MICHELLE KOWAL, Petitioner, I Respondent. bEYALD NEITER APC PAGE 02/07 CASE NO.: BD425935 Assigned to Judge Gretchen W. Taylor, Dept. 82 STIPULATION AND ORDER TRIAL DATE: NONE STIPULATION Following an all day mediation session with Heidi S. Tuffias on August 3, 2007, and including minors' counsel, Ruth Estep, the parties stipulate as follows: 1. This court has jurisdiction over the minor children because California is the children's home state. 2. The habitual residence of the children is the United States of America, 3. The parties acknowledge that they have been advis rr ? any violation of this Order may result in civil or criminal penalties or both. Marrlap of Kowal STIPULATION AND ORDER Cato No. OD426938 }o.w J1to 0oFz1J r J UtKALV Ntl ltk AH PAGE 03/07 f 1 4. Respondent shall relocate with the three (3) minor 2 children, Paige, born November 7, 1990, Justine, born June 24, 3 1992, and Matthew, born August 25, 1994, to Camp Hill, 4 Pennsylvania. 5 5. Each parent shall notify the other parent of his/her 6 current address and telephone number within two (2) days of any 7 change in his or her address of residence, mailing, work, and 8 email, and the telephone/message number at each parent's home, 9 work, and the children's schools. Neither parent shall use such 10 information for the purpose of harassing, annoying or disturbing 11 the peace of the other, or invading the other's privacy. 12 6. The children may have telephone access to the parents, 13 and the parents may have telephone access to the children at 14 reasonable times, for reasonable durations. Neither parent nor any 15 other third party may listen to or monitor the calls. 16 7. Neither parent will make or allow others to make negative 3.7 comments about the other parent, or the parent's past or present 18 relationships, family, or friends within hearing distance of the 19 children. 20 8. The parties will continue to share joint legal custody. 21 Respondent shall be the primary custodial parent, and the minor 22 children shall be with Respondent at all times they are not in 23 Petitioner's custody, 24 9. Petitioner shall have physical custody of the children as 25 follows: 26 a. Two (2) weeks of the school summer vacation with 27 all three (3) children; 28 -2- Marriage of Kowal STIPULATION AND ORDER Case No. 80425935 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. Two (2) additional weeks of the school summer vacation with Matthew only; C. An additional two (2) weeks of the school summer vacation with all three (3) of the minor children at each child's discretion; d. The first choice of time during the summer vacation shall alternate between the parties. Petitioner shall have the first choice during even years, and Respondent during the odd years. Notice of choices shall be given in writing (notice via email acceptable) no later than April 3011 of each year for the first choice. If notice is not given by April 30'•1 by the party having first choice, then the other party shall have first choice for that year; e. Alternating Thanksgiving school vacations, with Petitioner having the children during odd years, and Respondent in even years; f. Fifty (50%) percent of the school winter (Christmas) break, with the parties alternating so that Respondent shall have that one-half of the winter break that includes Christmas during the odd years, and Petitioner shall have that week during the even years; g. Alternating spring break weeks, as follows: Petitioner during the odd years shall get the March school break and Respondent shall get the April school break, and in the even years Petitioner -3- Marriage of Kowa) STIPULATION AND ORDER Cane No. 80425935 7/ GU/ LUU! O. uJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 27 23 24 25 26 27 28 J1u77/L7u'7. UtKALU Nt1lLN Are F'A6E 05/07 t shall get the April school break, and Respondent shall get the March school break; and h. In addition to the foregoing, Petitioner shall have the children with him at all such other times as he requests when he is physically available in Pennsylvania, upon 48 hours advance written notice to Respondent (notice via email is acceptable). During these times, Petitioner shall have the liberty to travel with the children as he desires. i. Each party shall notify the other in advance of such places where the children will be physically located. 10. Petitioner shall make all travel arrangements for his custodial time with the children, and shall advance the cost of the tickets for the children who will be with him. Respondent shall be responsible to reimburse him. up to $2,000 of total such expenses per year, which amount will be reduced by 5667 annually as each child reaches maturity and no longer receives child support. Such reimbursement shall be made within ten (10) days of Petitioner providing proof of purchase of such ticket's to Respondent. 11. Child support and spousal support shall remain at $2,936 per month beginning August 1, 2007. Spousal support shall be $932 per month, and child support shall be $2,004 per month, and is based upon the following: Petitioner's taxable income is $8,406 per month, and Respondent's is $2,000 per month; and Petitioner has at least a 25% timeshare with the children. Petitioner shall be entitled to exemptions on his 2007 income tax returns for two (2) of the children, and Respondent shall be entitled to one (1). -4- Marriage of Kowa1 STIPULATION AND ORDER Case No. 80425995 , 19'7/ Z7/ zou ( i b: 17J 1 2 3 4 5 6 7 8 9 '10 11 12 13 14 15 16 17 18 19 20 21 '2 2 23 24 25 26 27 28 ?1b57/Ljbj UtKALW NEIIEH AHU PAGE 06/07 12. As additional child support, the children will be maintained on Petitioner's health care policy so long as they are eligible as a result of his military service. 13. A Wage Assignment Order shall not be issued, So long as the child support and spousal support payments are made on the let of each month beginning October 1, 2007 by means of an allotment directly to Respondent, the Wage Assignment Order shall not be issued. 14. Respondent will notify Petitioner within 10 days of all employments, including rate of pay and benefits. 15. All prior orders not modified by this stipulation shall remain in full force and effect. 16. The parties' and their attorneys' facsimile signatures shall be deemed originals. (DATED: September , 2007 (DATED: September , 2007 AGREED AS TO FORM. DATED: September , 2007 PETER D. KOWAL, Petitioner MICHELLE KOWAL, Respondent MARY L. WYATT Attorney for Petitioner -5- Marriage of Kowal STIPULATION AND ORDER Case No. BD425935 - /-VV: IVL. V7'(-1 111 09/2y0/2807 16:20 310557; 1 1 _ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 11DATED: September , 2007 05 DATED: September 2007 rnn rvv, V, U1/U1 GERALD NEITER APC ! PAGE 06/09 GERALD 1. NEITER A Professional Corporation By: GERALD I. NEITEEt Attorney for Respondent RUT LYNN ESTEF Attorney for Minor Chid en MM . GOOD CAUSE APPEARING FROM THE FOREGOING, IT IS SO ORDERED. DATED: 2007 JUDGE OF THE SUk R OR COURT -6- WMWp d Kow 11 "PULATION AND OQDDR Cps No. 90425935 1 ,09/24/20017 12:07 3105572909 GERALD NEITER APC HAUL UI/Uq 09/21/2007 11:19 7179094939 REAGER 9 ADLER PC PAGE 02 the erildran will ba yv?Farr' c,hilrl long as they • • additi.vnal. s As ollcY so e P ?` tlki,or?er' s healtl? ca !• '"y seZ ? ice- 2 m,?..nt.ined on his mill So long ae ible a r°sua- of not be issued. as sc eliq Ord*Ar shall on the 19. Wage Assignment are ms,de 4 A 1 Support payments ort and spousal she of an al7,ottnent . 5 the ohild S 2007 by me be inning Octabe: It Order shall not 6 cf each month beg a Assi9nment Lo Respondent, 'yhe ue9 di=*ctly within 10 days of all 9 issµed, will notify petitioner 0 0 Respondent and benefits. 9 rate of Pay ulatlor shall o includina this etip 10 omp] . Yment9, orders rot modified by ll 15. All Psios attorneYa' f,CSimiie oi4natutse. in N11 force • and nd slfeCt• their l2 remain l6• The parties a 13 finals. is shall be doomed osi9 1 S , 2001 lg DATED: Saptsr ?..- D• ??pJ„ petitioner I PE 17 R i . pl ?: 90 i, Septembar, 200'1 DATED= ReBppAtlan 2? LL oilAL. ,r law jo, To YOM 2?? September 200. DATED: 1? 2f \ MARX L. m for petitioner 2? ,. Attorney. caw ft. W43" m0putAIMIN Am Go" ?rraw ar "AWN Sep l6 U ( Ub Uda • army '1LrLL / -caJ i Sep e-b 2UE'J-/ 4: lbPM WYRT- IcHolly Office 818980r -7 -f 09/2512007 16:03 31055142909 GERALD hEITER APC P.8 PAGE 06/07 12. As additional child support, the children will be ! maintained on Petitioner's health care policy so long as they are 3 eligible as a result of his military service. 1 13. A Wage Assignment Order shall not be issued, So long as i the child support and spousal support payments are made cn the I" 5 of each month beginning October 1, 2001 by means of an allotment) 7 directly to Respondent, the Wage Assignment Order shall not be 3 issued. 3 14. Respondent will notify petitioner within 10 days of all ) employments, including rate of pay and benefits. ! 15. All prior orders not modified by this stipulation shall 2 remain in full force and effect. 3 16. The parties' and their attorneys' facsimile signatures 9 shall be deemed originals. 5 6 DATED: September -?j, 2007 7 PETER D_ KO ', Petitioner 3 DATED: September 2007 1 MICHMLE KOWAL, Respondent t 3 AQMD AS TO FORK. DATED: September f?t, 20D7 4i MA PL ATT Attor y for Peltioner f enPULAMON Auu oRDEA Nor*" a# KO.v?I Case No. ewusIs G'71 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L: G/ JLtl07/L7tl7 DATED: September , 2007 DATED: September , 2007 UGRNLL Pir-A I r-M "r V ! MVL VYI VY GERALD I. NEITER A Professional Corporation By: "A?2 . GERALD I. NEITER Attorney for Respondent RUTH LYNN ESTEP Attorney for Minor Children ORDER GOOD CAUSE APPEARING FROM THE FOREGOING, IT IS SO ORDERED. DATED: 2007 JUDGE OF THE SUPE 10a COUR GL404- G"E''111HEN W. TAYLOR ?{p?yyyy?? p?? ?r ?J 1?O!."r+/1J: 4'(SG :fits f t'' 2?? ?ft!1 ?;?lq'J a I?Ii WiRl.19J ? ?tlf 2?? A ?J !9?1tTC, wig", A Y a?;A # ..w?to ?:?1??7tiA LO d t0 ?r{th3J 3.!1''il?t6'? ?!? iMt°i,? ', !- _ ?' k W Nardaga of Kowal STIPULATION AND ORDER Caae No. S0425936 iroe iNld cons ? a" mm" c oftmftAtdt _pq JtlMIA CaA1MEE. • "?t. d • of to ` i M. ROOS Ch v ? Z ?vTl n+? "t'.: r?'i 8 v li E =: {`' I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER D. KOWAL, Plaintiff/Petitioner ) V. ) MICHELLE KOWAL, ) Defendant/Respondent ) NO. 0 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: AND NOW comes Plaintiff Peter D. Kowal, by and through his counsel, John C. Howett, Jr., Esquire of Howett, Kissinger & Holst, P.C., who files this Petition and avers as follows: 1. Petitioner, Peter D. Kowal, date of birth February 8, 1959, social security number 151-48-1746, resides at 1601 Lind Avenue, S.W., Renton, Washington, 98057, and is employed as a Lieutenant Colonel by the United States Army. 2. Respondent, Michelle Kowal, date of birth December 26, 1964, social security number 193-46-4887, who resides at 17 South 24`h Street, Camp Hill, Pennsylvania, 17011, and is employed by the Milton Hershey School District. 3. The children of the parties are as follows: Name Paige Kowal Justine Kowal Matthew Kowal Date of Birth November 7, 1990 June 24, 1992 August 25, 1994 Social Security Number 439-79-2952 407-43-3915 405-47-2630 4. An order for custody was entered in the Los Angeles County, California Superior Court on October 18, 2007 which order has been registered in this county pursuant to 23 Pa.C.S. §7601 et. seq. and is incorporated herein by reference. Pursuant to §5422, California has Continuing Exclusive Jurisdiction until either: (a) California determines that no party or child resides there and that substantial evidence is no longer available in California concerning the child's care, protection, training and personal relationship; or (b) A court of Pennsylvania determines that no party or the children reside in California. Petitioner avers that neither party nor the children reside in California and that Pennsylvania has been the home state of the children since August 2007. The comment (comment 2) to §5422 provides the Continuing Exclusive Jurisdiction is lost when no party or child continues to reside in the issuing state. 6. Petitioner avers that it is in the best interests of the children to modify the custody arrangement set forth in the registered order to more appropriately accommodate the geographical distance between the parties and to ensure a continuing meaningful relationship between Petitioner and his children. 7. Petitioner is a Lieutenant Colonel on active duty in the United States Army stationed in Ft. Lewis, Washington. Petitioner intends to submit a request in July 2008 for retirement (for which he is eligible having served for 24 years of active duty) to retire from the Army and relocate to a location much closer to the residence of the children and will be able to exercise a schedule of partial custody much more conveniently to both him and the children than his present location permits. Such a revision is in the best interests of the children. The children were not born out of wedlock. The children are presently in the custody of Respondent who currently resides at 17 South 24 `'' Street, Camp Hill, Pennsylvania, 17011. During the past five years, the children resided with the following persons and at the following addresses: Persons Addresses Michelle Kowal 17 South 24`h Street Camp Hill, PA 17011 Michelle Kowal 736%2 Eucalyptus Street El Segundo, CA 90245 Peter Kowal 417 Standard Street El Segundo, CA 90245 Peter and Michelle 2 Perrigee Lane Kowal San Pedro, CA Dates August 2007 to present November, 2005 to August 2007 November 2005 to August 2007 Prior to November 2005 The mother of the children is Michelle Kowal, who currently resides at 17 South 24Ih Street, Camp Hill, Pennsylvania, 17011. She is married to Father. The father of the children is Peter D. Kowal, who currently resides at 1601 Lind Avenue, S.W., Renton, Washington, 98057. He is married to Mother. 8. The relationship of Plaintiff to the children is that of natural father. Plaintiff currently resides with the following person: none. 9. The relationship of Defendant to the children is that of natural mother. Defendant currently resides with the following persons: Name Relationshin Paige Kowal Daughter Justine Kowal Daughter Matthew Kowal Son 10. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in the Los Angeles County, California Court, as set forth in paragraph 2 above. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 11. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff/Petitioner Peter D. Kowal respectfully requests that this Honorable Court enter an Order granting him shared legal custody of the children and partial physical custody as determined by the Court. Respectfully submitted, Date: 5-PM Sohn C Howett, Jr., Esquire HO TT, KISSINGER & HO , P.C. O Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff/Petitioner Peter D. Kowal VERIFICATION I, Peter D. Kowal, hereby swear and affirm that the facts contained in the foregoing PETITION TO MODIFY ORDER OF CUSTODY are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3/24/08 PETER D. KOWAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER D. KOWAL, ) Plaintiff/Petitioner ) V. ) MICHELLE KOWAL, ) Defendant/Respondent ) NO. CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Peter D. Kowal, Plaintiff/Petitioner in the above-captioned action, hereby certify that a true and correct copy of the foregoing Petition to Modify Order of Custody was served upon Michelle Kowal, Defendant/Respondent by depositing same in the United States mail, first class and also by certified mail, on March 24, 2008, addressed as follows: Michelle Kowal 17 South 24" Street Camp Hill, PA 17011 Date: John C Howett, Jig:; EsquLIT, TfiWETT, KISSINGER P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff/Petitioner Peter D. Kowal 20 d "?1 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER D. KOWAL, ) Plaintiff/Petitioner ) ) V. ) ) MICHELLE KOWAL, ) Defendant/Respondent ) NO. 69 -18.5 CIVIL ACTION - LAW IN CUSTODY SWORN STATEMENT OF NO MODIFICATION I, Peter D. Kowal, hereby swear and affirm that the order of the Los Angeles County Superior Court of October 18, 2007 docketed to No. BD425935 has not been modified. (Verification Attached.) VERIFICATION I, Peter D. Kowal, hereby swear and affirm that the facts contained in the foregoing SWORN STATEMENT OF NO MODIFICATION are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 3/24/08 I ? r PETER D. KOWAL C ') na r co 11 tr o Iz: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER D. KOWAL, Plaintiff/Petitioner V. MICHELLE KOWAL, Defendant/Respondent NO. pg - 1 D 57 ) CIVIL ACTION - LAW IN CUSTODY NOTICE OF REGISTRATION OF FOREIGN CUSTODY ORDER You, Michelle Kowal, are hereby notified that the enclosed Order of the Los Angeles County, California Superior Court dated October 18, 2007 has been registered to the above term and number of this Court and is enforceable as of the date of registration in the same manner as a determination issued by a court of this Commonwealth. A hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. Date: Q 4CL4g, o PA .a NEIT ER APC., J? Q S L..J.. CD. E 7 8 9 10 11 12 13 14 15 16 17 •18 19 20 21 22 23 24 25 26 27 28 GERALD I. NEITER State Bar No. 28400 GERALD I. NEITER A Professional Corporation 1 1925 Century Park East, Suite 2000 Los Angeles, California 90067-2721 (310) 277-2236 Attorney for Respondent, MICHELLE KOWAL V1 L 1HAJ LOS ANGELES SUPFRTOR COURT OCT 1 8 2007 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES PETER D. KOWAL, ) Petitioner, j VS. ) MICHELLE KOWAL, ) Respondent. ) CASE NO.: BD425935 Assigned to Judge Gretchen W. Taylor, Dept. 82 STIPULATION AND ORDER. TRIAL DATE: NONE STIPVLATION Following an all day mediation session with Heidi S. Tuffias on August 3, 2007, and including minors' counsel, Ruth Estep, the parties stipulate as follows: 1. This court has jurisdiction over the minor children because California is the children's home state. 2. The habitual residence of the children is the United States of America. 3. The parties acknowledge that they have been advise-l- any violation of this. Order may result in civil - nal penalties or both. or crizt+inax Ms"I&CIS of Kowsl STIPULATION AND ORDER C290 No. 80426936 e E 7 8 9 10 11 12 13 14 i5 16 17 18 19 20 21 22 23 24 25 26 27 28 .< a•.,?a+ rci ?a 83/07 PAGE 4. Respondent shall relocate with the three (3) minor ! children, Paige, born November 7, 1990, Justine, born June 24, 1992, and Matthew, born August 25, 1994, to Camp Hill, Pennsylvania. 5. Each parent shall notify the other parent of his/her current address and telephone number* within two (2) days of any change in his or her address of residence, mailing, work, and email, and the telephone/message number at each parent's home, work, and the children's schools. Neither parent shall use such information for the purpose of harassing, annoying or disturbing the peace of the other, or invading the other's privacy. 6. The children may have telephone access to the parents, and the parents may have telephone access to the children at reasonable times, for reasonable durations. Neither parent nor any other third party may listen to or monitor the calls. 7. Neither parent will make or allow others to make negative comments about the other parent, or the parent's past or present relationships, family, or friends within hearing distance of the children. 8. The parties will continue to share joint legal custody. Respondent shall be the primary custodial parent, and the minor children shall be with Respondent at all times they are not in Petitioner's custody, 9. Petitioner shall have physical custody of the children as follows; a. Two (2) weeks of the school summer vacation with all three (3) children; Alanisgo of Koval STIPULATION AND oRpER Case No. 8042sg3s I b. Two (2) additional weeks of the school summer 2 vacation with Matthew only; 3 C. An additional two (2) weeks of the school summer 4 vacation with all three (3) of the minor children 5 at each child's discretion; 6 d. The first choice of time during the summer vacation 7 shall alternate between the parties. Petitioner 8 shall have the first choice during even years, and 9 Respondent during the odd years. Notice of choices 10 shall be given in writing (notice via email 11 acceptable) no later than April 301^ of each year 12 for the first choice. If notice is not given by 13 April 30'•" by the party having first choice, then 14 the other party shall have first choice for that t5 year; 16 e. Alternating Thanksgiving school vacations, with 17 Petitioner having the children during odd years, 18 and Respondent in even years; 19 f. Fifty (50%) percent of the school winter (Christmas) 20 break, with the parties alternating so that 21 Respondent shall have that one-half of the winter 22 break that includes Christmas during the odd e 23 y ars, and Petitioner shall have that week during the ev 24 en years; 25 g. Alternating spring break weeks, as follows: 26 Petitioner during the odd years shall get the March 27 school break and Respondent shall get the April 28 school break, and in the even years Petitioner .3- Marriage of Kowa STIPULATION AMC) ORDER Case No. 8042ss3s A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 28 L 7L17;: .- ri ?y . PAGE 85/ 87 shall get the April school break, and Respondent shall get the March school break; and h. In addition to the foregoing, Petitioner shall have the children with him at all such other times as he requests when he is physically available in Pennsylvania, upon 48 hours advance written notice to Respondent (notice via email is acceptable). During these times, Petitioner shall have the liberty to travel with the children as he desires. i. Each party shall notify the other in advance of such places where the children will be physically located. 10. Petitioner shall make all travel arrangements for his custodial time with the children, and shall advance the cost of the tickets for the children who will be with him. Respondent shall be responsible to reimburse him up to $2,000 of total such expenses per year, which amount will be reduced by $667 annually as each child reaches maturity and no longer receives child support. Such reimbursement shall be made within ten (10) days of Petitioner providing proof of purchase of such tickets to Respondent. il. Child support and spousal support shall remain at $2,936 per month beginning August 1, 2007. Spousal support shall be $932 per month, and child support shall be $2,004 per month, and is based upon the following: Petitioner's taxable income is $8,406 per month, and Respondent's is $2,000 per month; and Petitioner has at least a 25% timeshare with the children. Petitioner shall be entitled to exemptions on his 2007 income tax returns for two (2) of the children, and Respondent shall be entitled to one (1). -4- Ilarru" of Koval STIPULATION AND ORDER Cas• No. 80425935 1 2 3 4 5 6 7 8 9 '10 it 12 13 14 15 16 17 18 19 20 21 '2 2 23 24 25 26 27 28 rte. A WK, PAGE 86/87 1 12. As additional child support, the children will be maintained on Petitioner's health care policy so long as they are eligible as a result of his military service. 13. A Wage Assignment Order shall not be issued. So long as the child support and spousal support payments are made on the 10t of each month beginning October 1, 2007 by means of an allotment directly to Respondent, the Wage Assignment Order shall not be issued. 14. Respondent will notify Petitioner within 10 days of all employments, including rate of pay and benefits. 15. All prior orders not modified by this stipulation shall remain in full force and effect. 16. The parties' and their attorneys' facsimile signatures shall be deemed originals. IDAT.ED: September , 2007 DATED: September , 2007 AGREED AS TO FORM. DATED: September , 2007 PETER D. KOWAL, Petitioner MICHELLE KOWAL, Respondent MARY L. WYATT Attorney for Petitioner •s- Wordage of Kowal STIPULATION AND ORDER Case No. OD415936 s R 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Feign. Iwo GERALD NEITER APO PAGE 98/88 DATED: September , 2007 GERALD 1. NEITER A Professional Corporation 9y: GERALD I. NEITER Attorney for Respondent DATED: September 2007 19-"-.. 100009-JQ-? Attorney for Minor Chi o GOOD CAUSE APPEARING FROM THE FOREGOING, IT IS SO ORDERED. DATED: , 2007 JUDGE OF THE SUPERIOR COURT -6- ma"N" or K"M 871PUUTION AM Oftft coo Na 6002F63S 1% 14/2897 12:07 3105572909 , ' rGERa-D e:J/d4 ?9(??Z807 11:19 71790949391 READER & ADLER PC C PAGE 02 the ei%ildren will be Gj%Lld 9'OPost' s they olicY .so long • •te r?s addltf?vna- 1 . sltt? care p r1° ty sezvlce• me?,ntaiaed on Reti.t,iot?er ° 1013 2 of his 1c+s 5o long as a r°s"i? ?ba11 not be issued. 3 eligible as K nrnent Order are msde on the t 1 . 13. A Wage ,und uPPort payments ousal ' allotment ohild support and ?p 2007 bym°ans of an S the C?ctobe: 1? shall not be • nth beginning na?snt Order of each month the Wage Assi9 I diisctly to ReePor'?nt, within 10 days 01 all g issw°d• will notify petitioner Re'pondont end benefits. 9 00 . rate of pay ula`ior shall • e,P,.oysnent9, including this etip ip a fiodifiQd by 15. All Prior ordaro 11 and otfsCt • 12 in full force attorneys, facsimile signatures, The parties' and their 13. .16 1< shall be deemed originals. 15 , 2007 16 •D11T60: Sept e:nb4Y ...-? . R D. h000AL. petitioner 17 ? Y-1 , r September as =? 2p0'1 • ? 6D . 211 "T L OVAL, Rcspotlden Awmw AS TO YOM . Z • se teMber 2007 i1 OATED. P 2 f•` MARY L. vfyA': 2 , Actornsy for Petitioner 2 I i 21.k s nwu?*+a+ y+o oust coo 00. 1 swzu ubZ 7 5ep db 4:15F'MI WYRTr 40HOlIV Office 818960"? SOOT"'1 ' t. ,,... `7 09/25/29x7 16:e3 3105572909 GERALD AEiTER APC N•? p.8 PAGE e6/e7 12. As additional child support, the children will be ! maintained on Petitioner's health care policy so long as they are 3 eligible as a result of his military se:vice. 13. A wage Assignment Order shall not be issued. So long as 5 the child support and spousal support payments are made en the 111% 6 of each month beginning October 1, 2001 by means of an allotment 7 directly to' Respondent, the Wage Assignment Order shall not be B issued. 9 14. Respondent will notify Petitioner within 10 days of all 0 employments, including rate Of pay and benefits. 1 15. All prior orders not modified by this stipulation shall 2 retrain in full force and effect. 3 16. The parties' and their attorneys' facsimile signatures 4 shall be deemed originals. 5 6 DATED: September -Jr, 2007 7 6 PETER D. K0 1M, Petitioner 9 0 DATED: September , 2007 1 MICHELLE KOWAL, Respondent 2 3 2 MMI) its To IP01K. 4 DATED: September i?t, 20D7 5 6 MA ATT Attor Y for Pe tioner B Wrr1? e1 Ke..l 87WULATM AND ORDER Cast Pa. 8043s115 4 5 9 10 11 12 13 14 is 16 17 10 21 22 23 24 25 26 27 29 1 JL 19; or r PRO- L0.1 I W" DATED: September-"""' 2007 GERALD I. NEITER A Professional C By: GERALD 1. N Attorney fo DATED: September 2007 orporation EITER r Respondent RUTH UNN ESTEP Attorney for Minor Children ORD2 GOOD CAUSE APPEARING FROM THE FOREGOING, IT IS SO ORDERED. DATED: 2007 W - JUDGE OF THE 8UPER109 COUR;K W. TAYLOR 9M IG W.' I )MI j b% ----------------- Msrrlsgs of Kowal STIPULATION AND ORDER C&66 NO. IND425935 G? ?t'1 "' ? ty °'? '' "t1 ? t ?.a y'` . _ i r- _ .sa ) e ? i 4 °.- .d - ?, PETER D. KOWAL IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELLE KOWAL DEFENDANT 2008-1854 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, March 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 24, 2008 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es T. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 Ao- 5 .i too l?? S •r;rir? PETER D. KOWAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-1854 MICHELLE KOWAL, : CIVIL ACTION - LAW Defendant : IN CUSTODY MOTION TO CONTEST REGISTRATION OF OUT OF STATE ORDER AND REQUEST FOR HEARING PURSUANT TO 23 Pa.C.S.A. §5445 AND NOW, comes Movant, Michelle Kowal, by and through her attorneys, Meyers, Desfo?, Saltzgiver & Boyle and files the following Motion to Contest Registration of Out of State Order and Request for Hearing Pursuant to 23 Pa.C.S.A. §5445 and in support thereof avers as follows: Movant is the Defendant/Respondent in the above-captioned action and the Mother of the children at issue herein. (Hereinafter "Movant/Mother") 2. Respondent is the Plaintiff/Petitioner in the above-captioned action and the Father of the children at issue herein. (Hereinafter "Respondent/Father) 3 4. The parties are the parents of three minor children namely, Paige Danielle Kowal, date of birth November 7, 1990, Justine Denise Kowal, date of birth June 24, 1992 and Matthew Douglas Kowal date of birth August 25, 1994. Respondent/Father registered an Order dated October 18, 2007 issued by the Superior Court of Los Angeles County, California with the Prothonotary of Cumberland County on March 24, 2008. 3 MEYERS, DESROR, IIALTZOIVER i BOYLE 410 NORTH SECOND STREET • P.O. BOX 1082 a HARRISBURG, PA 17108 (717) 238.9428 @ FAX(717)230-2817 5. I Movant/Mother contests the above-referenced registration and requests a hearing before the Court. 6. I Movant/Mother filed a request for modification of the Order of October 18, 2007 with the Los Angeles County, California Superior Court on January 7, 2008 and a hearing on said request is currently scheduled for April 16, 2008. 7. I In light of the pending modification and imminent hearing in California, Movant/Mother contests the registration of the October 18, 2007 Order of Los Angeles County, California. WHEREFORE, Movant, Michelle Kowal hereby contests the registration of the October 18, 2007 Order of the Superior Court of Los Angeles County, California and requests that th?s Honorable Court schedule a hearing thereon and thereafter vacate the registration of the California Order. Respectfully submitted, Laurie A. Saltzgiver, ?squirV Attorney I.D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Movant/Defendant 4 MEYER$, DEVOR, BALTZGIVER t BOYLE 410 NORTH SECOND STREET • P.O. BOX 1082 • HARRISBURG, PA 17108 (717) 238.8428 • FAX(717)230-2017 VERIFICATION I, Michelle Kowal , verify that the Defendant's Motion to Contest Registrat statements made in this of Out of State Order and Request for Hea ing Pursuant to 23 a.C.S.A. section 5445 are true and correct to the bes of my knowledge, information and belief. I understand that fals statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date 4/10/08 /,?I! ?h?l ( ) Plaintiff ( X) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236.2817 D. KOWAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-1854 MI ELLE KOWAL, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this day of A ?,A' , 2008, that a true and correct copy of the foregoing Motion to Contest Registration of Out of State Order and Request a Pursuant to 23 Pa.C.S.A. §5445 was sent via first-class mail, postage pre-paid, to: Peter D. Kowal c/o: John C. Howett, Jr., Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Laurie A. So Attorney for MEYERS, DESFOR, SALTZGIVER 3 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VI Z t- w q rn PETER D. KOWAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-1854 MICHELLE KOWAL, : CIVIL ACTION - LAW Defendant : IN CUSTODY TO: Peter D. Kowal c/o: John C. Howett, Jr., Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Defendant's Objections to Jurisdiction in re: Petition to Modify Order of Custody within twenty (20) days from service hereof or a judgment may be entered against you. Laurie A? Sal Attorney for MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 1717% 9RR_gd9R • FAX 17171 236-2817 PETER D. KOWAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-1854 MICHELLE KOWAL, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of Defendant's Preliminary Objections to Jurisdiction in re: Petition to Modify Order of Custody, it is hereby ORDERED that Defendant's Preliminary Objections are SUSTAINED. The jurisdiction of this custody matter remains in Los Angeles County, California. BY THE COURT: J. Distribution: Laurie A. Saltzgiver, Esq., P.O. Box 1062, Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant John C. Howett, Esq., P.O. Box 810, Harrisburg, PA 17108 (717)234-2616 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 1717% 9'4A_QA9A . PAY 17171 9qA-9A17 PETER D. KOWAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-1854 MICHELLE KOWAL, : CIVIL ACTION - LAW Defendant : IN CUSTODY DEFENDANT/MOTHER'S PRELIMINARY OBJECTIONS TO JURISDICTION IN RE: PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes the Defendant, Michelle Kowal, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Preliminary Objections to Jurisdiction in re: Petition to Modify Order of Custody and in support thereof avers as follows: 1. Defendant, Michelle Kowal, is an adult individual who currently resides at 17 S. 24`n Street, Camp Hill, Pennsylvania. 2. Plaintiff, Peter D. Kowal, is an adult individual who currently resides at 1601 Lind Avenue, S.W., Renton, Washington. 3. The parties are the parents of three minor children namely, Paige Danielle Kowal, date of birth November 7, 1990, Justine Denise Kowal, date of birth June 24, 1992 and Matthew Douglas Kowal date of birth August 25, 1994. 4. Plaintiff/Father registered an Order dated October 18, 2007 from the Los Angeles County California Superior Court with the Prothonotary of Cumberland County on March 24, 2008. At that same time, Plaintiff/Father also filed a Petition to Modify Order of Custo with the Court of Cumberland County. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171 236-9428 • FAX(717)236-2817 Defendant/Mother objects to the jurisdiction of Cumberland County over this custody action. 6. Los Angeles County, California is where the parties lived together as Husband and Wife. 7. The parties are currently engaged in an action for the dissolution of marriage/divorce, alimony, custody, child and spousal support and related issues which are pending in Los Angeles County, California. 8. When the parties initiated their action for the dissolution of marriage/divorce, alimony, custody, child and spousal support and related issues they resided in Los Angeles County. California. 9. The current Order regarding child and spousal support and custody is the Order of Los Angeles County filed on October 18, 2007. 10. Defendant/Mother filed a request for modification of the October 18, 2007 support and custody Order with the Court of Los Angeles County, California on January 7, 2008. Defendant/Mother's request for modification is scheduled for hearing on April 16, 2008 before Judge Gretchen W. Taylor of the Superior Court of Los Angeles County, California. 11. The Los Angeles County, California Court is familiar with the parties, with the children and their issues. It is appropriate that the Los Angeles County, California Court retain jurisdiction. 12. The children herein have a Court appointed attorney who represents their interests in the Los Angeles County, California proceedings. The children's Court appointed attorney 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 keeps in touch with them and keeps the California Court advised of the children's well- being. 13. Defendant/Mother objects to the jurisdiction of Cumberland County and requests that this custody action remain in Los Angeles County, California. 14. Plaintiff/Father has not filed an objection to the jurisdiction of the Los Angeles County, California Court. WHEREFORE, in light of all of the above, Defendant requests this Honorable Court grant Defendant/Mother's Preliminary Objections and decline to exercise jurisdiction over this custody action. Respectfully submi Laurie A. Saltzgivek, Esq> Attorney I.D. 61382\ Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant 5 MEYERS, DESFOR, SAL7ZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717)236-9428 • FAX(717)236-2817 VERIFICATION I, Michelle Kowal , verify that the Defendant/Mother's Preliminary Objections statements made in this to Jurisdiction in re: Petition to Modify Order of Custody are true and correct to the bes of my knowledge, information and belief. I understand that fall statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 4/10/08 ( ) Plaintiff (X ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 P PETER D. KOWAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-1854 MICHELLE KOWAL, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this day of , 2008, that a true and correct copy of the foregoing Defendant/Mother's Preliminary Objections to Jurisdiction in re: Petition to Modify Order of Custody was sent via first-class mail, postage pre-paid, to: Peter D. Kowal c/o: John C. Howett, Jr., Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171 236-9428 • FAX (717) 236-2817 ri rv r °. 4t:? c--: ' ca '77 ? ?. _? '?,j f' s ?? .? ......_ r ?. ?.,? , ?.w2 '? PETER D. KOWAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-1854 MICHELLE KOWAL, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE TO ENTER APPEARANCE THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Defendant, Michelle Kowal in the above- captioned matter. Respectfully submitted, Laurie A:'Saltzkiv r,'Esgvre Attorney I.D. 6138 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. BOX 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 J. PETER D. KOWAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08-1854 MICHELLE KOWAL, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE Ly of April 2008 that a true and correct copy of the I hereby certify on this ? ? foregoing Praecipe to Enter Appearance was sent via first-class mail, postage pre-paid, to: Peter D. Kowal c/o: John C. Howett, Jr., Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Laurie A. Sa Attorney for MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER D. KOWAL, Plaintiff/Petitioner NO. 2008-1854 V. MICHELLE KOWAL, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY PLAINTIFF/PETITIONER'S RESPONSES TO DEFENDANT/RESPONDENT'S PRELIMINARY OBJECTIONS TO JURISDICTION IN RE: PETITION TO MODIFY ORDER OF CUSTODY TO THE HONORABLE JUDGE OF SAID COURT: AND NOW comes Plaintiff, Peter D. Kowal, by and through his counsel, John C. Howett, Jr., Esquire of Howett, Kissinger & Holst, P.C., who files the following Responses to Preliminary Objections to Jurisdiction in re: Petition to Modify Order of Custody, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. It is admitted that Defendant/Respondent Mother objects to the jurisdiction of this matter being in Cumberland County, Pennsylvania. However, by way of further answer, Plaintiff/Petitioner Father asserts that pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (hereinafter "UCCJEA"), codified at 23 Pa.C.S.A. 5401 et seq., jurisdiction of this matter is properly in Pennsylvania because neither party nor the children reside in California. Rather, Pennsylvania has been the "home state" of the children since August of 2007. "Continuing jurisdiction is lost when the child, the child's parents, and any person acting as a parent no longer reside in the original decree state." See the Uniform Law Comment No.2 to 23 Pa.C.S.A. Section 5422. Pursuant to 23 Pa.C.S.A. Section 5422(a), California only has continuing, exclusive jurisdiction of this custody matter until either: (a) California determines that no party or child resides there and that substantial evidence is no longer available in California regarding the childrens' care, protection, training and personal relationships; or (b) A court of Pennsylvania determines that no party or child resides in California. 6. Admitted. 7. Admitted. It is admitted that the parties are currently engaged in an action regarding the dissolution of their marriage, and related issues in Los Angeles County, California. However, by way of further answer, Plaintiff/Petitioner Father asserts California may still retain jurisdiction over the divorce proceeding despite no longer having jurisdiction of the instant custody matter. 8. Admitted. 9. Admitted. 10. Admitted; however, by way of further answer, the April 16, 2008 conference in California, so far as it would have dealt with custody or child support, has been held in abeyance due to the instant action in Pennsylvania. 11. Denied, as this averment contains a conclusion to which no response is required. 12. Admitted. 13. Admitted in part; denied in part. It is admitted that Defendant/Respondent Mother objects to jurisdiction but it is denied that she has stated any valid legal basis for such objection. 14. Denied. Plaintiff/petitioner Father filed a Notice of Registration of the relevant California order with the Cumberland County Court of Common Pleas on March 24, 2008, which operates as an objection to California's maintenance of continuing, exclusive jurisdiction over this matter. While no objection is required to be filed in California, the California court has been noticed of the instant filing in Pennsylvania WHEREFORE, Plaintiff/Petitioner Peter D. Kowal respectfully requests that this Honorable Court deny Defendant/Respondent's Preliminary Objections to Jurisdiction, and enter an Order determining that because neither the parents nor the children reside in California, California doe not retain exclusive, continuing jurisdiction over this custody matter, but rather, that Pennsylvania is the children's home state, and as such, pursuant to 23 Pa.C.S.A. Section 5422(a)(2), jurisdiction is properly in the Cumberland County Court of Common Pleas. Respectfully submitted, Date: John C. owed, Es uire IT, KISSINGER LST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff/Petitioner, Peter D. Kowal VERIFICATION I, Peter D. Kowal, hereby swear and affirm that the facts contained in the foregoing Plaintif f I s/Petiticner I s Paspaoas to Defendant' Cb-iecticns to Jurisdictirn in Re: Petition to N ant's Preliminary are true and of aztody correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: April 30, 2008 PETER D. KOWAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER D. KOWAL, Plaintiff/Petitioner ) V. ) MICHELLE KOWAL, ) Defendant/Respondent ) NO. 2008-1854 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Peter D. Kowal, Plaintiff/Petitioner in the above-captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff/Petitioners' Responses to Defendant's/Respondent's Preliminary Objections to Jurisdiction in Re: Petition to Modify Order of Custody was served upon Laurie A. Saltzgiver, Esquire, counsel for Defendant/Respondent, Michelle Kowal, by hand-delivery of same to her on May 1, 2008. Date: ?'? 9 (John 4. Howeii( Jr., quire ROWETT, KISSING OLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff/Petitioner, Peter D. Kowal c? ? cr.? f l -l1 PETER D. KOWAL, Plaintiff/Petitioner VS. MICHELLE KOWAL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1854 CIVIL IN CUSTODY IN RE: PRELIMINARY OBJECTIONS TO JURISDICTION IN RE: PETITION TO MODIFY ORDER OF CUSTODY ORDER AND NOW, this 2-' day of June, 2008, the preliminary objections of the defendant/respondent as to jurisdiction of this court to modify order of custody is SUSTAINED and this case is DISMISSED. /The Honorable Gretchen W. Taylor John C. Howett, Jr., Esquire For Plaintiff/Petitioner ? Laurie Saltzgiver, Esquire For Defendant/Respondent /Mary L. Wyatt, Esquire ? Gerald Neiter, Esquire :rim es ma c. , 4-/23/a 8 BY THE COURT, q, P, PETER D. KOWAL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-1854 CIVIL ACTION LAW(, MICHELLE KOWAL Defendant IN CUSTODY ORDER AND NOW, this 26th day of November, 2008, the conciliator, having been advised that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator V ?.-4J c'1 4,j ? ,Rx 4 CO C?