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HomeMy WebLinkAbout08-5207TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff SUSAN CRISSON, Plaintiff V. CRAIG NORDSKOG, Defendant 1. 2. 3. 4. 5. 6. § IN THE COURT OF COA § CUMBERLAND COUNT) § CIVIL ACTION - LAW § CUSTODY/VISITATION § NO. o e- S-? d 7 [MON PLEAS OF PENNSYLVANIA i C Y v COMPLAINT FOR CUSTODY The Plaintiff is Susan Crisson, residing at 112 North Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. The Defendant is Craig Nordskog, currently deployed to Iraq. ti Plaintiff seeks custody of the following children: Name Present Address Abe Brittany Marie Nordskog 112 North Locust Lane 12 Mechanicsburg, PA 17050 (D.6.B. 9/23/1995) Savannah L. Nordskog 112 North Locust Lane 9 Mechanicsburg, PA 17050 (D.O.B. 9/10/1998) Both children were born in wedlock. The children are presently in the custody of the Plaintiff, Su an Crisson, who resides at 112 North Locust Lane, Mechanicsburg, PA 1705q. During the last five years, the children have resided with the at the following addresses: ing persons Persons : Address: Dates: Susan Crisson 112 North Locust Lane 1/2008 - present Sean Crisson Mechanicsburg, PA 17050 Terri Crisson (Half-sister) Jessica Crisson (Half-Sister) Craig Nordskog Sari Antonio, TX 8/2007-1/2008 Susan Crisson 112 North Locust Lane 6/2007-8/2007 Sean Crisson Mechanicsburg, PA 17050 r Terri Crisson Jessica Crisson Craig Nordskog Thailand 2005-2007 Susan Crisson 112 North Locust Lane Sean Crisson Mechanicsuburg 17050 ?ummers 2004-2007 Terri Crisson Jessica Crisson Craig Nordskog California 12/2003-6/2005 Susan Crisson 4458 Starling Court 7/2003-12/2003 7. 8 9. 10. 11 Sean Crisson Woodbridge, VA 22191 The mother of the children is Plaintiff, Susan Crisson, current' y residing at 112 North Locust Lane, Mechanicsburg, PA 17050. She is m ed. The father of the children is Defendant, Craig Nordskog curr?ntly deployed to Iraq. The relationship of the Defendant to the children is that of father. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with the following persons: Name Relationship Sean Crisson Husband Brittany Marie Nordskog Daughter Savannah L. Nordskog Daughter Terri Crisson Daughter Jessica Crisson Daughter The parties participated in a Custody Action in Wichita Coun , Texas in 2000. An order was entered on June 19, 2000. A copy of the 2000 rder is attached hereto as Exhibit "A." 12. Plaintiff does not know of a person not a party to the pro eedings who has physical custody of the children and claims to have custody r visitation rights with respect to the children. 13. Each parent whose parental rights to the children have not be n terminated and the person who has physical custody of the children have bee named as parties to this action. 14. The best interests and permanent welfare of the children ill be served by granting the relief requested. The quality of the chi dren's physical, intellectual, moral and spiritual environment would be impro ed by Plaintiff s increased and continuing involvement in the Children's live . Specifically: a. The Children have expressed a desire to con?inue living with Mother; b. The Children are enrolled in the same school di trict as they were last year and wish to continue attending the same school with their friends; C. Father is active in the military and cannot ?rovide a stable environment for the children. d. Mother can provide the stability the children r0uire. e. The children wish to continue to build their relationships with their half-sisters and their step-father. WHEREFORE, Plaintiff requests the Court to grant her Primary hysical Custody of the Children. Respectfully submitted, DATE: 1/0, ?.cu? A. 9 Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES,1 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this custody complaint are true and correct. I understand that false statements made herein are made subject to the penal?ies of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: Pu 1144A"wA C;-UA Susan Crisson FILEa FOR RECORD aClock M 1 9 -?flQO -=y ; . TRAPP,, park 01st c. . _At LAW, nty,lrtxas Deputy SUSAN DIF-ML-NUKDSKOG §- ' AND IN THE INTEREST OF § BRITTNEY-MARIE A. NORDSKOG AND SAVANNAH L. NORDSKOG, § WICHITA COUNTY, #XAS CHILDREN AGREED FINAL DECREE OF DIVORCE On June 19, 2000 the Court heard this case. Appearances Petitioner, CRAIG NORDSKOG, appeared on and through 4ttomey of record, Eleanor B. Bibb, and announced ready for trial Respondent, SUSAN DIEHL-NORDSKOG, wed On' s4ee of tion appearzd N* 0 PS077 Record The record of testimony was duly reported by the court reporter fo? the 89th Judicial District Court. Jurisdiction and Domicile The Court finds that the pleadings of Petitioner are in due form and contain all the allegations, information, and prerequisites required by law. The Cou4, after receiving evidence, finds that it has jurisdiction of this case and of all the parties and that at least AGREED FINAL 9E.CREE OF DIVORCE - Nordskog Page 1 \' Exhibit "A" 4 • '1 six clays :hev e l se -sio the dat&theAsuii; was f1dd. The Court' fin this suit was:filed, Petitioner had been a domiciliary of Texas for the pr period, and a resident of>the county in which this suit-v as filed forthe pr period. All persons entitled to citation were properly cited. that, at the time six-month SAC A jury was waived, and all questions of fact and of law were submitted to the Court.' Agreement of the Parties The Court finds that the parties have entered into a written agreerr ent as contained in this decree by virtue of having approved this decree as to both form ar?d substance. To the extent permitted by law, the parties stipulate the agreement is 4nforceable as a contract. The Court approves the agreement of the parties as contained in this Final Decree of Divorce. Divorce IT IS ORDERED AND DECREED that CRAIG NORDSKOG, Petitioner, and SUSAN DIEHL-NORDSKOG, Respondent, are divorced and that the marriage lbetween them is dissolved on the ground of insupportability. The Court finds that Petitioner and Respondent are the children: Name: BRITTNEY-MARIE A. NORDSKOG Sex: Female Birthplace: Wichita Falls, Texas Birth date: September 23, 1995 Home state: Texas of the following FINAL DECREE OF DIVORCE - Nordskog Page 2 Nom:. SAVANNAH L. NOMSKOGG ,; . Sex: Female " Birthplace:. Wichita Falls; Texas Birth date: September 10, 1998 Home state: Texas The Court finds no other children of the marriage are expected. Conservatorship and Support The Court, having considered the circumstances of the parents finds that the following orders are in the best interest of the children. IT 1S ORDERED that CRAIG NORDSKOG and SUSAN DIEHL appointed parent joint managing conservators of the following children: i of the children, RDSKOG are TTNEY-MART E A. NORDSKOG and SAVANNAH L. NORDSKOG. IT IS ORDERED that, at all times, CRAIG NORDSKOG, as a pare?t joint managing conservator, shall have the following rights and duty: 1. the right to receive information from the other parent concerning the health, education, and welfare of the children; 2. the duty to inform the other parent in a timely manner of significant information concerning the health, education, and welfare Iof the children; 3. the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare Of the children; 4. the right of access to medical, dental, psychological, and educational records of the children; 5. the right to consult with a physician, dentist, or psychologiot of the children; 6. the right to consult with school officials concerning the child en's welfare and educational status, including school activities; 7. the right to attend school activities; AGREED FINAL DECREE OF DIVORCE - Nordskog Page 3 i it } rr: . ; $? > . , t{ ? t `oiwth6?,chlldre A§ re r?S a pe't incase of an emergency; 9. the right to consent to medical, dental, and surgical trey emergency<lnvolving an immediate danger to the health a children; and 10. the rightto manage the estates of the children to the extern been created by the parent or the parent's family. nt during an safety of the estates have IT IS ORDERED that, at all times, SUSAN DIEHL-NORDSKOG, s a parent joint managing conservator, shall have the following rights and duty: the right to receive information from the other parent concerning the health, education, and welfare of the children; i 2. O 5. 6. 7. 1?) the duty to inform the other parent in a timely mann r of significant information concerning the health, education, and welfare tf the children; the right to confer with the other parent to the extent possibl before making a decision concerning the health, education, and welfare o the children; the right of access to medical, dental, psychological, and educational records of the children; the right to consult with a physician, dentist, or psychologist of the children; the right to consult with school officials concerning the childr n's welfare and educational status, including school activities; the right to attend school activities; the right to be designated on the children's records as a in case of an emergency; 9. the right to consent to medical, dental, and surgical tre emergency involving an immediate danger to the health children; and 10. the right to manage the estates of the children to the extent been created by the parent or the parent's family. on to be notified ment during an d safety of the he estates have AUKCGU NNAL Ur-UKGG UI- UIVUKUr- - NOrC]SKOg Page 4 °T:>I .,OIW-.RED-fat; -during his re4pebtive'p of I essio' CRat NORDSKOG? as-:a-parent joint managing conservator;, shall have the following rights `and duties: 1. the duty, of care, control, protection, and reasonable discipline of the children; •I the duty to support the children, including providing the child en with clothing, food, shelter, and medical and dental care not involy ng an invasive procedure; D3 the right to consent for the children to medical and dental *e not involving an invasive procedure; 4. the right to consent for the children to. medical, dental, and s rgical treatment during an emergency involving immediate danger to the he Ith and safety of the children; and 5. the right to direct the moral and religious training of the children. IT IS ORDERED that, during her respective periods of possession, SUSAN DIEHL-NORDSKOG, as a parent joint managing conservator, shall have the following rights and duties: 1. the duty of care, control, protection, and reasonable discipline of the children; 2. the duty to support the children, including providing the child en with clothing, food, shelter, and medical and dental care not involy ng an invasive procedure; 3. the right to consent for the children to medical and dental core not involving an invasive procedure; 4. the right to consent for the children to medical, dental, ands rgical treatment during an emergency involving immediate danger to the he Ith and safety of the children; and 5. the right to direct the moral and religious training of the ch dren. EED FINAL DECREE OF DIVORCE Nordskog Page 5 1 r ?tT QRMF tthe, { : ,l48 NORD 'OG,;as arpareit40W shall have the following rights and duty: 1. theFr ta,establtsh"the primate residence of the d cClnservt€r riFdretr;l - 2.: the right to -consent to medical, dental, and surgical.: treatment involving i invasive procedures and to consent -to-psychiatric do psychological treatment of the children; 3. the right to receive and give receipt for periodic payments for the support of the children and to hold or disburse these funds for the benefit of the children; 4. the right to represent the children in legal action and to mak other decisions of substantial legal significance concerning the children; 5. the right to consent to marriage and to enlistment in the ar ed forces of the United States; 6. the right to make decisions concerning the children's edu tion; 7. the right to the services and earnings of the children; 8. except when a guardian of the children's estates or a gua dian or attorney ad litem has been appointed for the children, the right to act as an agent of the children in relation to the children's estates if the ch Idren's action is required by a state, the United States, or a foreign govern ent; and 9. the duty to manage the estates of the children to the extent been created by community property or the joint property, 1IT IS. ORDERED that CRAIG NORDSKOG shall have the exclusive the children's primary residence without regard to geographical location, The Court finds the parties agree that in the event CRAIG e estates have the parents. right to establish KOG receives a temporary duty assignment (Stateside or Overseas) the primary residence of the children. AGREED FINAL DECREE OF DIVORCE - Nordskog Page 6 IT IS ORDERED that each parent shall have the duty to inform the parent is acquainted with or resides with for at least 30 days, mar marry a person who the parent knows: 1) is registered as a sex offenc 62, Code of Criminal Procedure; 2) is currently charged with an offe conviction the person would be required to register under that chapter; ( conviction from any state. This notice shall be made as soon as practii than the 40th day after the date the parent begins to reside with the pens, after the date the marriage occurs, as appropriate. The notice must inc of the offense that is the basis of the person's requirement to register as of the offense with which the person is charged. Possession Order other parent if s, or' intends to under Chapter e for which on 3) has a felony )le but not later or the 10th day le a description sex offender or IT IS ORDERED that the conservators shall comply with all term and conditions of this Possession Order. IT IS ORDERED that this Possession Order is effective immediately and applies to all periods of possession occurring on and aftr the signing of this Possession Order. IT IS, THEREFORE, ORDERED: In this Possession Order "school" means the primary or secondary sch of in which the child is enrolled or, if the child is not enrolled in a primary or secondary s hool, the public school district in which the child primarily resides. In this Possession Order "child" includes each child, whether one or more, who is a subject of this suit while that child is under the age of eighteen years an not otherwise emancipated. IT IS ORDERED that the conservators shall have possession of the child it times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child un er the specified terms set out in this Possession Order. FINAL DECREE OF DIVORCE - Nordskog Page 7 ass: Except as Qtherwis . explicitlyprovided- in this Possession Order, D1FiL NRDSCOG:rides. 100.mlles orMess from= the prirhary reside AN C 7.EHL DSKOG shall have;the right to possession of the cl Weekends - On weekends, beginning at 6:00 p.m., on the first, third, each month and ending- at 6:00 p.m. on the following- Sunday. Weekend Possession Extended by a Holiday - Except as otherwise in this Possession Order, if a weekend period of possess DIEHL-NORDSKOG begins on a Friday that is a school holiday during I term or a federal, state, or local holiday during the summer months wh( session, or if the period ends on or is immediately followed by a Mon( holiday, that weekend period of possession shall begin at 6:00 p.m. when StJ S?iJ?- , ice of fihe ?h?ld; . . ild a0ollo. id fifth Friday of illicitly provided t by SUSAN regular school school is not in that is such a i the Thursday immediately preceding the Friday holiday or school holiday or end at 600 p.m. on that Monday holiday or school holiday, as applicable. Wednesdays - On. Wednesday of each week during the regular school tern, beginning at 6:00 p.m. and ending at 8:00 p.m. Christmas Holidays in Even-Numbered Years - In even-numbered ye rs, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26. Christmas Holidays in Odd-Numbered Years In odd-numbered ye *s, beginning at noon on December 26 and ending at 6:00 p.m. on the day before th child's school resumes after that Christmas school vacation. Thanksgiving in Odd-Numbered Years - In odd-numbered years, begin ing at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holid y and ending at 6:00 p.m. on the Sunday following Thanksgiving. Spring Break in Even-Numbered Years - In even-numbered years, b ginning at 6:00 p.m. on the day the child is dismissed from school for the school's spri g vacation and ending at 6:00 p.m. on the day before school resumes after that vacatio . G - SUSAN DIEHL-NORDSKOG shall have possession of the child for beginning 6:00 p.m. one week after school is dismissed for the summer school vacation and endin one week prior to school resuming for the fall semester at 6:00 p.m. AGREED FINAL DECREE OF DIVORCE - Nordskog Page 8 u ql #f StJSAiN Dtt:rPftQG tstt.therxse e .Possesslon 'Order to present possessiorr'of bthe,=ch#d?=on "the child's DI.EHL-KORDSKOG shall have possession,of tl e; child and-the child's>;c ate 6:00 p.m. and ending at 8:001 ~ bri ., that td ...pr vide DiC-HL-I+IORDSKOG-picks up the child'froriMRAIG"HORDSKOG'w resle the child to that same place. Mpthees Day Weekend - Each year, beginning at 6:00 p.m. on the' Mother's Day and ending at 6:00 p.m. on Mother's Day, provided i otherwise entitled under this Possession Order to present possession of t pick up the child from CRAIGNORDSKOG's residence and return the c place. Notwithstanding the weekend and Wednesday periods of for SUSAN DIEHL-NORDSKOG, it is explicitly ORDERED that CRAIG N have a superior right of possession of the child as follows: Weekends - On weekends, beginning at 6:00 p.m., on the second a each month and ending at 6:00 p.m. on the following Sunday. RIdd Underthhfie rthday, SUSAN' clings beginning that'SUSAN nee and- rettams dday preceding at if she is not s child, she shall gild to that same ORDERED DSKOG shall fourth Friday of Christmas Holidays in Odd-Numbered Years - In odd-numbered ye rs, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26. Christmas Holidays in Even-Numbered Years - In even-numbered ye rs, beginning at noon on December 26 and ending at 6:00 p.m. on the day before school r sumes after that Christmas school vacation. Thanksgiving in Even-Numbered Years - In even-numbered years, b ginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving h iday and ending at 6:00 p.m. on the following Sunday. Spring Break in Odd-Numbered Years - In odd-numbered years, begin ing at 6:00.p.m. on the day the child is dismissed from school for the school's spring vac tion and ending at 6:00 p.m. on the day before school resumes after that vacation. Child's Birthday - If CRAIG NORDSKOG is not otherwise entitled under this Possession Order to present possession of the child on the child's birthday, CRAIG N RDSKOG shall have possession of th.e child and the child's siblings beginning at 6:00 p. . and ending at AGREED FINAL DECREE OF DIVORCE - Nord'skog Page 9 1 0 Iti e l a LR-fG-'140RSK picks U tf a &d frdn DIEHL-NORDSi OG?s{resfidence and returns the child to'that-lsame # V iikend -Each year; be9innin9.; at 6:00 Pm. on `the Friday ' Pre cediho'-` • F er's''Day-and ending -at 6:00 p.m.- on Fathees' Day; provide "that if `'CRAIG NORDSKOG is not otherwise entitled under this Possession Order to present possession ,of the child, he shall pick up the child from SUSAN DIEHL-NORDSKOG's residence, and return the child to that same place. CRAIG NORDSKOG shall have the right of possession of the child at all other times not specifically designated in this Possession Order for SUSAN DIEHL Parents Who Reside More Than 100 Miles Apart Except as otherwise explicitly provided in this Possession Order DIEHL-NORDSKOG resides more than 100 miles from the residence of t DIEHL-NORDSKOG shall have the right to possession of the child as fc Weekends - Unless SUSAN DIEHL-NORDSKOG elects the alternative r possession described in the next paragraph, SUSAN DIEHL-NORDSKC right to possession of the child on weekends, beginning at 6:00 p.m. on t fifth Friday of each month and ending at 6:00 p.m. on the following Su otherwise explicitly provided in this Possession Order, if such a we possession by SUSAN DIEHL-NORDSKOG begins on a Friday that is during the regular school term or a federal, state, or local holiday du months when school is not in session, or if the period ends on or is imrr by a Monday that is such a holiday, that weekend period of possession s p.m. on the Thursday immediately preceding the Friday holiday or schc at 6:00 p.m. on that Monday holiday or school holiday, as applicable. Alternate weekend possession - In lieu of the weekend possession foregoing paragraph, SUSAN DIEHL-NORDSKOG shall have the right to child not more than one weekend per month of SUSAN DIEHL-NOR beginning at 6:00 p.m. on the day school recesses for the weekend ar p.m. on the day before school resumes after the weekend. Except as of provided in this Possession Order, if such a weekend period of posse DIEHL-NORDSKOG begins on a Friday that is a school holiday during t term or a federal, state, or local holiday during the summer months whe session, or if the period ends on or is immediately followed by a Monc holiday, that weekend period of possession shall begin at 6:00 p.m. immediately preceding the Friday holiday or school holiday or end at when SUSAN child, SUSAN :)Ws: iod of weekend shall have the first, third, and Jay. Except as kend period of school holiday ig the summer diately followed 311 begin at 6:00 1 holiday or end. described in the ossession of the ISKOG's choice' J ending at 6:00 ierwise explicitly .sion by SUSAN e regular school r school is not in iy that is such a ?n the Thursday :00 p.m, on that AGREED FINAL DECREE OF DIVORCE - Nordskog . Page 10 MmdW d sc r-sehool?htiiiday .-as-appl te.s=SUSSAN DfEHL?ORD KOG; ma"Ye 4d F an option for this alternative :period of weekend possession by giving ritten notice% to CRAIG NORDSKOG within ninety days after the parties begin to resid more than 100 miles apart. If. SUSAN DIEHL-NORDSKOG -'makes. this el ction, SUSAN DIEHL-NORDSKOG shall Vive CRAIG- NORDSKOGJourtleen days' wri en or`telephonic notice preceding a designated weekend. The weekends chosen shall no conflict with the provisions regarding Christmas, Thanksgiving, the child's birthday, a d Father's.-Day Weekend below. Christmas Holidays in Even-Numbered Years - In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26. Christmas Holidays in Odd-Numbered Years - In odd-numbered ye ors, beginning at noon on December 26 and ending at 6:00 p.m. on the day before t e child's school resumes after that Christmas school vacation. Thanksgiving in Odd-Numbered Years - In odd-numbered years, begin ing at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the Sunday following Thanksgiving. Spring Break in All Years -Every year, beginning at 6:00 p.m. on th day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. - SUSAN DIEHL-NORDSKOG shall have possession of the child for beginning t 6:00 p.m. one week after school is dimissed for the summer school vacation and ending one week prior to school resuming for the fall semester at 6:00 p.m. Child's Birthday - If SUSAN DIEHL-NORDSKOG is not otherwise Possession Order to present possession of the child on the child's DIEHL-NORDSKOG shall have possession of the child and the child's at 6:00 p.m. and ending at 8:00 p.m. on that day, provid DIEHL-NORDSKOG picks up the child from CRAIG NORDSKOG's resi, the child to that same place. Mother's Day Weekend - Each year, beginning at 6:00 p.m. on the I Mother's Day and ending at 6:00 p.m. on Mother's Day, provided DIEHL-NORDSKOG is not otherwise entitled under this Possession ( possession of the child, she shall pick up the child from CRAIG NORDSI and return the child to that same place. ed under this iday, SUSAN igs beginning that SUSAN .e and returns riday preceding that if SUSAN rder to present OG's residence AGREED FINAL DECREE OF DIVORCE - Nordskog Page 11 DIEHL-NORDSKOG, it is explicitly ORDERED that superior right of possession of the child as follows. Weekends - On weekends, beginning at 6:00 p.m., on the first, third,, each month and ending at 6:00 p.m. on the following Sunday. shalt have a - fifth Friday of Christmas Holidays in Odd-Numbered Years -1n odd-numbered years, beginning at 6:00 p.m: on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26. Christmas Kolldavs in Even-Numbered Years - In even-numbered 'ye rs, beginning at noon on December 26 and ending at 6:00 p.m. on the day before school r sumes after that Christmas school vacation. Thanksgiving in Even-Numbered Years - In even-numbered years, b ginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving h lday and ending at 6:00 p.m. on the following Sunday. Child's Birthday - If CRAIG NORDSKOG is not otherwise entitled under this Possession Order to present possession of the child on the child's birthday, CRAIG N RDSKOG shall have possession of the child and the child's siblings beginning at 6:00 p. . and ending at 8:00 p.m. on that day, provided that CRAIG NORDSKOG picks up the child from SUSAN DIEHL-NORDSKOG's residence and returns the child to that same place. Father's Day Weekend - Each year, beginning at 6:00 p.m. on the riday preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if CRAIG NORDSKOG is not otherwise entitled under this Possession Order to present possession of the child, he shall pick up the child from SUSAN DIEHL-NORDSKOG s residence and return the child to that same place. CRAIG NORDSKOG shall have the right of possession of the child) at all other times not specifically designated in this Possession Order for SUSAN DIEHL-NORDSKOG. General Terms and Conditions Except as otherwise explicitly provided in this Possession Order, the terms and AGREED FINAL DECREE OF DIVORCE - Nordskog ? Page 12 citiitiQts of.Rosiot of the child°'thIrelss of the fists cd: residence of a parent and the child are as =follows: Surrender of Cfrtltt by CRAIG `NORDSKOG - CRAIG NORDSKOG is ORDERED to surrender the child to SUSAN DIEHL-NORDSKOG at the beginning o each period of SUSAN DIEHL-NORDSKOG's possession at the residence of CRAIG OROSKOG. Return of Child by SUSAN DIEHL-NORDSKOG - SUSAN DIEHL NORDSKOG is ORDERED to. return the child to the residence of CRAIG NORDSKOG at the end of each period of possession. However, it is ORDERED that, if CRAIG NORDSK G and SUSAN DIEHL-NORDSKOG live in the same county at the time of rendition of th s order, SUSAN DIEHL-NORDSKOG's county of residence remains the same after rendition of this order, and CRAIG NORDSKOG's county of residence changes, effective on the date of the change of residence by CRAIG NORDSKOG, SUSAN DIEHL-NORDSKO shall surrender the child to CRAIG NORDSKOG at the residence of SUSAN DIEHL-N RDSKOG at the end of each period of possession. Surrender of Child by SUSAN DIEHL-NORDSK G - SUSAN DIEHL NORDSKOG is ORDERED to surrender the child to CRAIG NORDSKOG, if the chid is in SUSAN DIEHL-NORDSKOG's possession or subject to SUSAN DIEHL-NORDS OG's control, at the beginning of each period of CRAIG NORDSKOG's exclusive period of possession, at the place designated in this Possession Order. Return of Child by CRAIG NORDSKOG CRAIG NORDSKOG is ORDERED to return the child to SUSAN DIEHL-NORDSKOG, if SUSAN DIEHL-NORDSK G is entitled to possession of the child, at the end of each of CRAIG NORDSKOG's en usive periods of possession, at the place designated in this Possession Order. ?I4 Personal Effects - Each conservator is ORDERED to return with the c iId the personal- effects that the child brought at the beginning of the period of possessio . Designation of Competent Adult - Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned. Inability to Exercise Possession - Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator ill be unable to exercise that conservator's right of possession for any specified period. Written Notice - Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due. AGREED FINAL DECREE OF DIVORCE Nordskog Page 1'3 S of this suit while that child is under the age of eighteen years and not otherwise Additional Provisions for Long-Distance Access and IT IS ORDERED that, until a child reaches the age of five arrangements for the travel of that child shall control: r? Surrender at SUSAN DIEHL-NORDSKOG's Residence - Adult to A, Adult to Accompany Child - IT IS ORDERED that SUSAN DIEHL-NORD; with the child between the residence of CRAIG NORDSKOG and DIEHL-NORDSKOG at the beginning of each period of possession. ORDERED that CRAIG NORDSKOG shall travel with the child between SUSAN DIEHL-NORDSKOG and that of CRAIG NORDSKOG at the er of possession. In place of this requirement, each conservator is authori a responsible adult known to the child to travel with the child between the parties. IT IS FURTHER ORDERED that the child shall not travel al( residence of SUSAN DIEHL-NORDSKOG and that of CRAIG NORDSK( reaches the age of five years. , the following Dmpany Child. OG shall travel iat of SUSAN IS FURTHER ie residence of of each period d to designate sidences of the e between the until the child Surrender at SUSAN DIEHL-NORDSKOG's Residence - Expenses SK red by SUSAN DIEHL-NORDSKOG and CRAIG NORDSKOG - IT IS ORDERED that SUSAN DIEHL-NORDSKOG shall pay all travel expenses, charges, escort fee , and air fares incurred for the child for transportation from the residence of CRAIG NO DSKOG to that of SUSAN DIEHL-NORDSKOG. IT IS FURTHER ORDERED that CRAIG NORDSKOG shall pay all travel expenses, charges, escort fees, and air fares incurred for the child for transportation from the residence of SUSAN DIEHL-NORDSKOG to that of CRAIG NORDSKOG. IT IS ORDERED that the following provisions shall govern the travel of the child to and from SUSAN DIEHL-NORDSKOG after the child FINAL DECREE OF DIVORCE - Nordskog for the the age Page 14 DIEHL-NORDSKOG desires to take possession of the child at an a DIEHL-NORDSKOG's residence, SUSAN DIEHL-NORDSKOG shall a notice letter to CRAIG NORDSKOG: (a) the airport where CRAIG NORDSKOG is to surrender the child; (b) the date and time of the flight on which the child is scheduled to (c) the airline and flight number of the airplane on which the child is sc (d) the airport where the child will return to CRAIG NORDSKOG period of possession; (e) the date and time of the flight on which the child is scheduled airport; and (f) the airline and flight number of the airplane on which the child is sc to CRAIG NORDSKOG at the end of the period of possession. Flight Arrangements. IT IS ORDERED that each conservator st reservations for the child only on major commercial passenger airlines on change of airplanes between the airport of departure and the airport, "nonequipment change flight"). IT IS FURTHER ORDERED that each c make airline reservations for the child on flights that depart from a comm( the residence of the other conservator that offers regularly scheduled pa various cities throughout the United States on major commercial passer near SUSAN these facts in :duled to leave; the end of the return to that eduled to return II make airline ights having no final arrival (a nservator shall ..ial airport near enger flights to er airlines. Delivery and Pickup by CRAIG NORDSKOG. IT IS ORDERED that CRA G NORDSKOG shall deliver the child to the airport from which the child is scheduled to leave at the beginning of each period of possession at least one hour before the sche uled departure time. IT IS FURTHER ORDERED that CRAIG NORDSKOG shall surrender the child to a flight attendant who is employed by the airline and who will be flying o the same flight on which the child is scheduled. IT IS FURTHER ORDERED that CRAIG NORDSKOG shall take posses ion of the child at the end of SUSAN DIEHL-NORDSKOG period of possession at the a rport where the child is scheduled to return and at the specific airport gate where the pass ngers from the child's scheduled flight disembark. AGREED FINAL DECREE OF DIVORCE Nordskog Page 15 DIEHL. NORDSKOG - IT IS ORDERED =that,-,SUSAN- ;DIEHL-NORD; possession of the child at the:beginning of each, peflo&ofpossession at the child is scheduled'to-arrive and at the spe?ciflc.a'rrport gatewhere the the child's scheduled flight disembark. :turn. by s A? : ., ?. KOG shall take he airport where )assengers from IT IS FURTHER ORDERED that SUSAN DIEHL-NORDSKOG, at the end of each period of possession, shall deliver the child to the airport where the child is $d duled to depart at least one hour before the scheduled departure time and surrender th child to a flight attendant who is employed by the airline and who will be flying on the same flight on which the child is scheduled to return. Missed :Flights. IT IS ORDERED that any conservator who has posse ssion of the -child at the time shall notify the other conservator immediately if the child is not placed on a scheduled flight at the beginning or end of -a period of possession. T IS FURTHER ORDERED that, if the child should miss a scheduled flight, the conservator having possession of the child when the flight is missed shall schedule another nonequipment change flight for the child as soon as is possible after the originally sch duled flight and shall pay any additional expense associated with the changed flight arid give the other conservator notice of the date and time of that flight. SUSAN DIEHL-NORDSKOG's Residence. IT IS ORDERED that SUSAN DIEHL-NORDSKOG shall purchase in advance the airline tickets (including escort fees) to be used by the child for the child's flight from the airport near the residence of CRAIG NORDSKOG to the airport near the residence of SUSAN DIEHL-NO DSKOG. IT IS FURTHER ORDERED that SUSAN DIEHL-NORDSKOG shall make the necessary arrangements with the airlines and with CRAIG NORDSKOG in order that he airline tickets are available to the child before a scheduled flight. IT IS FURTHER ORDERED that CRAIG NORDSKOG shall purchase in advance the airline tickets (including escort fees) to be used by the child for the child's flight from the airport near the resi ence of SUSAN DIEHL-NORDSKOG to the airport near the residence of CRAIG NO DSKOG. IT IS FURTHER ORDERED that CRAIG NORDSKOG shall make the necessary arrangements with the airlines and with SUSAN DIEHL-NORDSKOG in order that the airline tickets are available to the child before a scheduled flight. Miscellaneous Expenses. IT IS ORDERED that the expenses of a con., in traveling to and from an airport, as well as related parking and N expenses, are the sole responsibility of the conservator delivering or rece the airport. for incurred ]e-handling the child-at AGREED FINAL DECREE OF DIVORCE - Nordskog Page 16 2 All ?_ ; rEaoh party is ORDERED;to= provide the other I written authorization, within ten days after written request is received, a allow then children, to travel with the other party beyond the territorial lir States. The parties; are ORDERED to exchange passports as is necess travel The parties agree and IT IS ORDERED that this decree shall. authorization for such travel. IT IS ORDERED that SUSAN DIEHL-NORDSKOG is obligated to to CRAIG NORDSKOG child support of $300.00 per month, with the due and payable on March 1, 2001 and a like payment being due and day of each month thereafter until the first month following the d occurrence of one of the events specified below: 1. any child reaches the age of eighteen years, provided that, if i enrolled in an accredited secondary school in a program leadinj school diploma or enrolled in courses for joint high school and juni pursuant to Section 130.008, Education Code, the periodic child-SL shall continue to be due and paid until the end of the month in graduates; 2. any child marries; 3. any child dies; 4. any child's disabilities are otherwise removed for general pu 5. further order modifying this child support. Thereafter, SUSAN DIEHL-NORDSKOG is ORDERED to NORDSKOG child support of $285.00 per month, due and payable on first month immediately following the date of the earliest occurrence of specified in items 1. through 4. above and a like sum of $285.00 due a rrty arope¢ is necessary-to ;s of the United y to allow sudh erve as written and shall pay payment being on the 1st of the earliest he child is fully 3 toward a high )r college credit pport payments which the child or ay to CRAIG ml, 1 st day of the e of the events payable on the AGREED FINAL DECREE OF DIVORCE - Nordskog Page 17 k.::. 4stAay•of each,-rr h tfier r untf next oc h 4 f dne flf the above. Withholding from Earnings. IT IS ORDERED that any employer of SUSAN DIEHL-NORDSKO( to withhold from' eamings for child support from the disposable ear DIEHL-NORDSKOG for the support of BRITTNEY-MARIE A. k SAVANNAH L. NORDSKOG. Withholding as Credit against Support Obligation. IT IS FURTHER ORDERED that all amounts withheld from the d ble earnings of SUSAN DIEHL-NORDSKOG by the employer and paid in accordance ith the order to that employer shall constitute a credit against the child-support obligation. Payment of the full amount of child support ordered paid by this decree through the mea s of withholding from earnings shall discharge the child-support obligation. If the amou t withheld from earnings and credited against the child-support obligation is less than 10 percent of the amount ordered to be paid by this decree, the balance due remains n obligation of SUSAN DIEHL-NORDSKOG, and it is hereby ORDERED that SUSAN ' DIEHL-NORDSKOG pay the balance due directly to the local registry of th? court specified below. Order to Employ . On this date the Court signed an "Employer's Order to Withhold fi Child Support." FINAL DECREE OF shall be ordered n?ngs of SUSAN and Earnings for Page 18 IT 4S ORED ;that; all : payrents shall beacle througfii MichitbPif Services; P.O. Box 5346,Michita Falls, Teas 76307 and then remitted b that,agenglo` CRAIG NORDS'KOG for the support of the children. IT IS FURTHER ORDERED that SUSAN DIEHL-NORDSKOG shall pay, when due, all fees charged by that agency. IT IS ORDERED AND DECREED that (1) SUSAN DIEHL-NORD KOG, shall pay the monthly child support collection fee of $3.00 per month, payable annually, in advance, with the first child support payment ordered to be paid herei ; (2) SUSAN DIEHL-NORDSKOG as an operations initiation fee with the first child s pport payment ordered to be paid herein. IT 1S ORDERED AND DECREED that should SUSAN DIEHL-NO DSKOG fail to make the payments as ordered he shall be susceptible to an action for co tempt of court. IT IS FURTHER ORDERED that SUSAN DIEHL-NORDSKOG shall notify this Court . and CRAIG NORDSKOG by U.S. certified mail, return receipt requested, of any change of address and of any termination of employment. This notice shall be given no later than seven days after the change of address or the termination of employment. This notice or a subsequent notice shall also provide the current address of SUSAN DIE L-NORDSKOG and the name and address of obligor's current employer, whenever hat information becomes available. IT IS ORDERED that, on the request of a prosecuting attorney, the attorney general, the friend of the Court, CRAIG NORDSKOG, or SUSAN DIEHL-NORDSK G, the clerk of this Court shall cause a certified copy of the "Employers Order to Withhold from Earnings AGREED FINAL DECREE. OF DIVORCE Nordskog Page 19 Child . ttp?b to b d l f.?Tad. tdE dM e C?' 1 S FUR ` R ,. -fV I i-7, .. clerk of this Court shall attach -a copy of-subchapter`C of.chapter M of Code for the information of any employer. n IT IS ORDERED that medical support shall be provided for the ct Texas Eafntly ren as follows: CRAIG NORDSKOG's Responsibility - It is the intent and purpose of this decree that CRAIG NORDSKOG shall, at all times, provide medical support for the children. IT IS THEREFORE ORDERED that, as child support, CRAIG NORDSKOG shat provide medical support for the parties' children, for as long as child support is payable under the terms of this decree, as set out herein. Definition - "Health insurance" means insurance coverage that provides asic health-care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services, and may be provided in the form of an indemnity insurance contract or plan, a preferred provider organization or plan, a health maintenance organization, or any combination thereof. Other Organization - The Court finds that the children are currei beneficiaries of a health insurance plan provided through CRAIG employment or membership in a union, trade association, or other org ORDERED that CRAIG NORDSKOG shall at his sole cost and expo maintain at all times in full force and effect the health insurance coverage parties' children through CRAIG NORDSKOG's employer, union, tradE other organization, for as long as it is offered by his employer, union, trade other organization. If his employer, union, trade association, or ott subsequently changes health insurance benefits or carriers, CRAIG ORDERED to obtain and maintain coverage for the benefit of the children c company or through such health insurance plan as is available through otl union, trade association, or other organization or other insurance provide Conversion of Policy - IT 1S ORDERED that if the party through whos membership in a union, trade association, or other. organization health in; provided for the children is leaving that employment, union, trade assn organization or for any other reason health insurance will not be availabl through the employment or membership in a union, trade association, or c AGREED FINAL tly enrolled as NORDSKOG's inization. IT IS nse, keep and that insures the association, or association, or ar organization JORDSKOG is n the successor er employment, employment or rance has been ;iation, or other for the children ier organization OF DIVORCE - Nordskog Page 20 _or eer?t? .., ,t+ea? 8 'I'`coi?eTa s11'?fl .?r : - :AerrNnakion ofhis or*er.employment or coverage;?.eonvertzthe`poliicy1b inc -.: fo?4he chl?ren;ita;att:amount equal-to or exceedfrtg the coverage.at th+ employment- or.coverage! is terminated. furttier =lf that he`afth instJranc through SUSAN DIEHL-NORDSKOG's employment or membership it association, or other organization, CRAIG NORDSKOG shall reir DIEHL-NORDSKOG for the cost of the converted policy as follows: CRA is ORDERED to pay to SUSAN DIEHL-NORDSKOG at her last known"; of insuring the children under the converted policy, on the first day of e CRAIG NORDSKOG receives written notice of the premium DIEHL-NORDSKOG for payment. Accompanying the first such written no- subsequent notifications informing of a change in the premium a DIEHL-NORDSKOG is ORDERED to provide CRAIG NORDSKOG witt from the carrier of the cost to SUSAN DIEHL-NORDSKOG of providing children. If Policy Not Convertible - If the health insurance policy covering th convertible and if no health insurance is available for the children through or membership in a union, trade association, or other organization of e ORDERED that CRAIG NORDSKOG shall purchase and maintain, at t expense, health insurance coverage for the children. CRAIG NORDSKC to provide verification of the purchase of the insurance to SUSAN DIEHL SUSAN DIEHL-NORDSKOG's last known address, including the insu number and the plan summary, no later than 30 days following the issuar ividual coverage` - . e wias£? ava?tl??1e' ., a union, trace tburse SUSAN G NORDISKOG ddress the cost ach month after from SUSAN fication and any nount, SUSAN documentation *veraQe for the children is not ie employment ier party, IT IS sole cost and is ORDERED IORDSKOG at nce certificate e of the policy. Claim Forms - Except as provided below, the party who is not car ing the health insurance policy covering the children is ORDERED to submit to the party carrying the policy, within ten days of receiving them, any and all forms, receipts, bills, and statements reflecting the health-care expenses the party not carrying the policy incurs on behalf of the children. The party who is carrying the health insurance policy covering the childr n is ORDERED to submit all forms required by the insurance company for payment or r imbursement of health-care expenses incurred by either party on behalf of the children, o the insurance carrier within ten days of that party's receiving any form, receipt, bill, or sta ment reflecting the expenses. Constructive Trust for Payments Received - IT IS ORDERED tha any insurance payments received by the party carrying the health insurance policy cove 'ng the children from the health insurance carrier as reimbursement for health-care expe ses incurred by or on behalf of the children shall belong to the party who incurred and paid those FINAL DECREE OF Page 21 e pense IT-,ISe: RTHE( °ORDEREftti.:th*. rty-ca? °the polio constructive trustee to receive any insurance checks or payments for hee incurred and paidbythe other:party, and the party carrying the policy forward the checks or payments, along with any explanation of benefits, within three days of receiving them. is designat+ 'a -care expenrses° 311 endorse and the other party` Flung byParty Co# allying Insurance - In accordance with article 3.51-13 of the Texas Insurance Code, IT IS ORDERED that the party who is not carrying the ealth insurance policy covering the children may, at that party's option, file directly with the insurance carrier with'whom coverage is provided for the benefit of the children any laims for health- care expenses, including, but not limited to, medical, hospitalization, an dental costs. Secondary Coverage - IT IS ORDERED that nothing in this decree shall prevent either party from providing secondary health insurance coverage for the children at that party's sole cost and expense. IT IS FURTHER ORDERED that if a party provides secondary health insurance coverage for the children, both parties shall cooperate fully with regard to the handling and filing of claims with the insurance carrier providing the coverage 'in order to maximize the benefits available to the children and to ensure that the party who pays for health-care expenses for the children is reimbursed for the payment from both carriers to the fullest extent possible. Comp iance with Insurance Com Zany Requirements Each party s ORDERED to conform to all requirements imposed by the terms and conditions of th policy of health insurance covering the children in order to assure maximum reimbur ement of direct payment by the insurance company of the incurred health-care expense, including but. not limited to requirements for advance notice to carrier, second opinions, a d the like, Each pasty is ORDERED to attempt to use "preferred providers," or services within the health maintenance organization, if applicable; however, this provisions all not apply if emergency care is required. Disallowance of the bill by a health insurer shall not excuse the obligation of either party to make payment; however, if a bill is disallowed or the 'benefit reduced due to the failure of a party to follow procedures or requireme is of the carrier, that party shall be wholly responsible for the increased portion of that bill. If health insurance coverage for the children is provided through a hea lth maintenance organization (HMO) or preferred provider organization (PPO), the parties are ORDERED to use health-care providers who are employed by the HMO or appro ved by the PPO whenever feasible. If health-care expenses are incurred by using that H A 40 or PPO plan, CRAIG NORDSKOG is ORDERED to pay 50 percent and SUSAN DI.EH -NORDSI{OG is ORDERED to pay 50 percent of all reasonable and necessary health-c re expenses not paid by insurance and incurred by or on behalf of the parties' children, i cluding, without limitation, any copayments for office visits or prescription drugs, the ye dy deductible, if AGREED FINAL DECREE OF DIVORCE - Nordskog Page 22 } : ix ,and!, a td mt . cat urgicak, prescription drug,Jnental lh&ItN a W-bte; een?l, eye?we, ,?. ophthalmological, and orthodontic charges, for as' long as child support s payable under the terms of this decree. If a party incurs health-care-expenses for a'c `ild by using -the services of health-care providers not employed by'the HMO' or approved by the PPO, except in an emergency, without the written agreement of the other party, the party incurring the services is ORDERED to pay 50 percent and the other pa is ORDERED to pay 50 percent of all reasonable and necessary health-care expe ses not paid by. insurance and incurred by or on behalf of the parties' children, as set o0t bove. If a party incurs health-care expenses for a child by using the services of health-c re providers not employed by the HMO or approved by the PPO in an emergency or with the written agreement of the other party, the party incurring the services is ORDERED to pay 50 percent and the other party is ORDERED to pay 50 percent of all reasonable and . necessary health-care expenses not paid by insurance and incurred by o on behalf of the parties' children, as set out above. If the children are enrolled in a health-care plan that is not an HMO o a PPO, CRAIG NORDSKOG is ORDERED to pay 50 percent and SUSAN DIEHL NORDSKOG is ORDERED to pay 50 percent of all reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf of the parties' children, including, without limitation, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodonti charges, for as long as child support is payable under the terms of this decree. Payment of Uninsured Expenses - IT IS ORDERED that the party who ays for a health- care expense on behalf of the children shall submit to the. other party, within ten days of receiving them, all forms, receipts, bills, and explanations of benefits p id reflecting the uninsured portion of the health-care expenses the paying party incurs n behalf of the children. IT IS FURTHER ORDERED that, within ten days after the onpaying party receives the explanation of benefits stating benefits paid, that party sh II pay his or her share of the uninsured portion of the health-care expenses either by payin the health-care provider directly or by reimbursing the paying party for any advance pa ent exceeding the paying party's share of the expenses. Exclusions - The provisions above concerning uninsured expens s shall not be interpreted to include expenses for travel to and from the health- re provider or nonprescription medication. Reasonableness of Charges - IT IS ORDERED that reasonableness o the charges for health-care expenses shall be presumed on presentation of the bill to party and that disallowance of the bill by a health insurer shall not excuse that party's obligation to make payment or reimbursement as otherwise provided herein. Page 23 AGREED FINAL DECREE OF DIVO E Nordskog infQnat#on FIIec#red x ,.I IS ORDERED that a'party provng health insurance shall fumish"to the other party and-the local domestic relations office the folio ing information no later than the thirtieth day after the date•the notice of the rendition f this decree is received: (a) the Social Security number of the party providing insuranc ; (b) the name and address of the employer of the party providi g insurance; © whether the employer is self-insured or has health insuran a available; (d) proof that health insurance has been provided for the child en; and (e) the name of the health insurance carrier, the number of the licy, a copy of the policy and schedule of benefits, a health insurance membership card; laim forms, and any other information necessary to submit a claim or, if the employer is sel -insured, a copy of the schedule of benefits, a membership card, claim forms, and any o her information necessary to submit a claim. IT IS FURTHER ORDERED that any party carrying health insuranc on the children shall furnish to the other party a copy of any renewals or changes to th policy no later than the fifteenth day after the renewal or change is received. IT IS FURTHER ORDERED that a party providing health insuranc shall provide to the other party and the local domestic relations office any additional infor ation regarding health insurance coverage that becomes available to the party providing i surance. IT IS FURTHER ORDERED that the information shall be provided no later than he fifteenth day after the date the information is received. Termination or Laose of Insurance - If the health insurance coverage for the children lapses or terminates, the party who is providing the insurance is ORDERED to notify the other party no later than the fifteenth day after the date of termination or la se. If additional health insurance is available or becomes available to CRAIG NORDSKOG for the children, CRAIG NORDSKOG must notify SUSAN DIEHL-NORDSKOG and the local domestic relations office no later than the fifteenth day after the date the insu ance becomes available. CRAIG NORDSKOG must enroll the children in a health insur nce plan at the next available enrollment period. Place of Transmittal - IT IS ORDERED that all bills, invoices, stat ments, claims, explanations of benefits, insurance policies, medical insurance identificat on cards,. other documents, and written notices, as well as payments, required to be tra smitted by one party to the other under the health-care coverage and health insurance p ovisions of this decree shall be transmitted by the sending party to the residence of the ceiving party. WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE HO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OF THE CHILDREN, AGREED FINAL DECREE OF DIVORCE Nordskog Page 24 WITHOUT REGARD: TO WHETHER THE EXPENSES WOULD HAVE HEALTH INSURANCE HAD BEEN PROVIDED. The Court finds that CRAIG NORDSKOG is a member of the Unit( Forces and that the children of the marriage are eligible to receive healtl benefits as dependents of a United States Armed Forces member. Tt NORDSKOG is ORDERED to keep and maintain in current status and d DIEHL-NORDSKOG the identification cards and any other forms necessar of the marriage to be provided health care through all facilities available ti dependents of a United States Armed Forces member. CRAIG NORDSK( ORDERED to provide to SUSAN DIEHL-NORDSKOG all additional veri for renewal of dependent identification cards at least thirty days before th( of the identification cards, until the children are no longer eligible for the; IT IS ORDERED that the child` support as prescribed in this exclusively discharged in the manner ordered and that any direct pa SUSAN DIEHL-NORDSKOG to CRAIG NORDSKOG or any expend SUSAN DIEHL-NORDSKOG during SUSAN DIEHL-NORDSKOG's of or access to the children, as prescribed in this decree, for food, shelter, or entertainment are deemed in addition to and not in lieu of the in this decree. Support as Obligation of Estate. IT IS ORDERED that the provisions for child support in this obligation of the estate of SUSAN DIEHL-NORDSKOG and shall not BEEN PAID IF d States Armed i care and other erefore, CRAIG :liver to SUSAN' for the children the children as )G is FURTHER ied applications expiration date e benefits. shall be made by res incurred by s of possession , gifts, travel, pport ordered shall be an rminate on the death of SUSAN DIEHL-NORDSKOG. Payments received for the benefilt of the children from the Social Security Administration, Department of Veterans Affairs, ot?er government agency, or life insurance shall be a credit against this obligation. NAL E OF DIVORCE Nordskog Page 25 lKeidical Notification. 7F Each party is ORDERED to inform the other party within twenti medical condition of the parties' children requiring surgical intervention, both. The information required for each party by section 105.006(a) of t Code is as follows: Name: CRAIG NORDSKOG Social Security number: 077-66-9305 Driver's license number: 16631219 Issuing state: Texas Mailing address: 9Childress Street, Sheppard Air Force Home telephone n ber. (940)855-7533 Name of employer: United States Air Force Address of employment: ) Sheppard Air Force Base, Texas, Work telephone number: (940)676-2777 Name: SUSAN DIEHL-NORDSKOG Social Security number: 199-62-3653 Driver's license number 22656603 Issuing state: Pennsylva Current residence address: Mailing address: Home telephone number: Name of employer: United States Air Force Address of employment: Work telephone number: hours of any italization, or Texas Family TX 76311 ' Name: BRITTNEY-MARIE A. NORDSKOG Social Security number: 628-50-9721 Driver's license number: None Current residence address: 99 Childress Street, SAFB, T Home telephone number: (940)855-7533 Name of employer: none FINAL DECREE OF DIVORCE - Nordskog Page 26 Name: SAVANNAH L. NORDSKOG', Social Security number: 627-64-6904 Drivers license number: None Current residence address: 99 Childrdss Street, SAFB, Te as Home telephone number: (940)855-7533 Name of employer: none EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY ACH OTHER PARTY, THE COURT, AND THE STATE CASE REG STRY OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAIL NG ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF MPLOYMENT, DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. HE PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF HE REQUIRED INFORMATION TO EACH OTHER PARTY, THE COURT, AND TH STATE C SE REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTEND D CHANGE IF THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF T E CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS OR ERED TO GIVE NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER T E DATE THAT THE PARTY KNOWS OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO EACH OTH R PARTY, THE COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG A ANY PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY C ILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COUR TO PROVIDE EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGIS RY WITH THE CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTH R LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP T SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY J DGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. NOTICE SHALL BE GIVEN TO THE OTHER PARTY BY DELIVERI G A COPY OF THE NOTICE TO THE PARTY BY REGISTERED OR CERTIFIED AIL, RETURN RECEIPT REQUESTED. NOTICE SHALL BE GIVEN TO THE COURT B DELIVERING A COPY OF THE NOTICE EITHER IN PERSON TO THE CLERK OF THE COURT OR BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE CLERK. NO ICE SHALL BE GIVEN TO THE STATE CASE REGISTRY BY MAILING A COPY OF T E NOTICE TO STATE CASE REGISTRY, CENTRAL FILE MAINTENANCE, P.O. BOX 12048, AUSTIN, TEXAS 78711-2048. WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORD R FOR CHILD SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD M Y RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING C NTEMPT OF AGREED FINAL DECREE OF DIVORCE - Nordskog I Page 27 .,CCOURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFIN MENT IN JAIL .J FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIO ATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND C URT COSTS. FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT O THE PLACE - AND IN THE MANNER REQUIRED BY. A COURT ORDER MAY R SULT IN THE PARTY'S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT. FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JU TIFY DENYING. THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPP RT TO THAT PARTY. The Court finds that the following is a just and right division of the parties' marital estate, having due regard for the rights of each party and the children of ?he marriage. IT IS ORDERED AND DECREED that the husband, CRAIG NORDSKOG, is awarded the following as his sole and separate property, and the wife i4 divested of all right, title, interest, and claim in and to that property: 1. All household furniture, furnishings, fixtures, goods, art obje s, collectibles, appliances, and equipment in the possession of the husba d or subject to his sole control. 2. All clothing, jewelry, and other personal effects in the po session of the husband or subject to his sole control 3. All sums of cash in the possession of the husband or su ect to his sole control, including funds on deposit, together with accrued but npaid interest, in banks, savings institutions, or other financial institutions,' Nch accounts stand in the husband's sole name or from which the husba d has the sole right to withdraw funds or which are subject to the husband ' sole control. 4. All right, title, and interest in and to that portion of the United States Air Force disposable retired pay to be paid as a result of CRAIG NORD KOG's service in the United States Air Force not awarded to SUSAN DIEH -NORDSKOG. AGREED FINAL DECREE OF DIVORCE - Nordskog Page 28 5. The 1998 Dodge Pickup motor vehicle, vehicle ide 3B7HC1 346WG 169123, together with all prepaid insura documents. IT IS ORDERED AND DECREED that the wife, SUSAN DI awarded the following as her sole and separate property, and the husba all right, title, interest, and claim in and to that property: ation number keys, and title , is is divested of 1. The following furniture, furnishings, fixtures, goods, art obje s, collectibles, appliances, and equipment: Collector Plates, Fish T nk, Collectible Figurines, TV and VCR, Dinner Plates (white), Telephone nd Answering Machine, Computer Desk (small), Lawn Mower, Weed Eater, Rakes, Shovels, Cedar Chest, Baby Crib and Rocking Chair. 2. All clothing, jewelry, and other personal effects in the posse ion of the wife or subject to her sole control. 3. All sums of cash in the possession of the wife or subject to er sole control, including funds on deposit, together with accrued but un aid interest, in banks, savings institutions, or other financial institutions, hich accounts stand in the wife's sole name or from which the wife has t e sole right to withdraw funds or which are subject to the wife's sole contr I. 4. All right, title, and interest in and to that portion of the Unite States United States Air Force disposable retired pay to be paid as a r ult of SUSAN DIEHL-NORDSKOG's service in the United States United ates Air Force not awarded to CRAIG NORDSKOG. 5. The 1993 Mercury Cougar motor vehicle, vehicle identifi 1 MEPM624XPH678335 together with all prepaid insurance documents. FINAL DECREE OF DIVORCE Nordskog ration number keys, and title Page 29 IT IS ORDERED AND DECREED that the husband, CRAIG , shall pay, as a part of the division of the estate of the parties, and shall indemnify.1nd hold the wife and her property harmless from any failure to so discharge, these 1. The balance due, including principal, interest, and all other charges, on the promissory note payable to Chase and given as part of th purchase price of and secured by a lien on-the 1998 Dodge Pickup motor ehicle awarded to the husband. 2. Any and all debts, charges, liabilities, and other obligation incurred solely by the husband from and after December 22, 1999 unless a press provision is made in this decree to the contrary. Debts to Wife. IT IS ORDERED AND DECREED that the wife, SUSAN DIEHL-N pay, as a part of the division of the estate of the parties, and shall indem husband and his property harmless from any failure to so discharge, th 1. Any and all debts, charges, liabilities, and other obligc- by the wife.from and after December 22, 1999 unless made in this decree to the contrary. Notice. IT IS ORDERED AND DECREED that each party shall send to within three days of its receipt, a copy of any correspondence from a c authority concerning any potential liability of the other party. Attorney's Fee's. tDSKOG, shall fy and hold the a items: incurred solely .ss provision is he other party, 3ditor or taxing To effect an equitable division of the estate of the parties and Os a part of the D FINAL DECREE OF DIVORCE Nordskog Page 30 division, and for services rendered in connection with conservatorship a d support of the children, each party shall be responsible for his or her own attorney's fe s incurred' as a result of legal representation in this case. Undisclosed Division of Liabilities IT IS FURTHER ORDERED AND DECREED, as a part of the divi on of the estate of the parties, that any community liability not expressly assumed by a decree is to be paid by the party incurring the liability, and the party inc4 shall indemnify and hold the other party and his or her property harmless to so discharge the liability. Court Costs IT IS ORDERED AND DECREED that costs of court are to be who incurred them. Clarifying Orders Without affecting the finality of this Final Decree of Divorce, this reserves the right to make orders necessary to clarify and enforce this d rty under this ng the liability any failure by the party rt expressly Belief Nol Granted IT IS ORDERED AND DECREED that all relief requested in thi case and not C?jea ? expressly granted is denied. ;f-r-1 E Q $ / h smoo( >b - h Ad, Date of Judgment Q/??^? ?S iJaou & cam? n y SIGNED on June 19, 2000. PRESIDING Page 31 FINAL DECREE OF DIVORCE - Nordskog APPROVED AS TO FORM ONLY: Eleanor B. Bibb 900 8th Street, Ste. 1.400 Wichita Falls; Texas 76301 (940) 761-1777 (940) 761-1779 By: eanor B. Bibb Attorney for Petitioner State Bar No. 00228880 APPROVED AND CONSENTED TO AS TO BOTH FORM AND SUBSTANCE: ier :nt FINAL DECREE OF DIVORCE - Nordskog Page 32 G E}CEQ13iT "Z" . (Effective 1-5-99) -it it-fiuther oRD im.that the Wiairm coUKTY Fpmm OF THE COURT FAMU.Y COURT SERVICES)- is appointed to moniitor-aYtd_ eordece this order as it pertains to support. for the dad?mwho .are under rite continuing jurisdiction of this Courtin accordance Chapters 202 and 203, Texas Family Code. Wben necessary, the Friend of the Court is authorized to refer enforcement to its sta!'fidl Attorneys Ad Utent appointed by, the Court as the situation requires. The Friend of the Court dial of attorneys desi ft to receive court appointments, and whenever the situation in a given case rec appointment. shall refer those names in equal' rotation to the appointing Courts for assignment to child(ren) in lieu of the Friend of the Court. Attorneys ad Chem representing children under the jurisdiction of this Court shall have C and powers: 1. Have complete s6cess to all records of the Friend of the Court and Clerk of the Court children who are the:ubjbd of this suit. 2. Monitor peEio& payments of eMd support incoordination with the Friend of the Cc 3. Institute-and prosecute, on behalf of the children, any and all Motions and•proceedinj pursuant to Tittle 5-k Subtitle C. Chapter 202, of the Texas Family Code and any other necessaryr law against any or all conservator; of the clu'Mdcenor other persons as maybe appropriate and in i the children, to enforce, duify. or modify child support and fee payment orders of this Court . 4. Contract with the Friend of the Court for payment of Attorney fees and reimburs, expenses necessary to enforce. clarify, or modify child support and fee payment orders of this S. Prepare and perfect a Child Support Lien as provided in Sections 157.311.157.326. Texas Family Code. M&COUNTY u. payment of child the provisions of i,,or to earn a listing an sent the following rights the ons provided by best interest of of costs and An Attorney Ad Liter appointed by this. Court shall continue to serve until the action for been retained has been ooatipleted, including any appeals which might be prosecuted as a result the judgement becoming fiml, the Attormay. Ad Litem ppowtumd shall terminate without further ocd the Attorrxy is discharged from fiu*w responsibft with regard to the children. The Friend of tI thereafter have the awknlve respoas ty to monitor the Order for purposes of cottkoanoe and r An Attorney Ad Litwin who is suspended or ceases to practice law, or who determines th coafl ct of interest wbich probWtU further repcescrution of the c[Mcen, shall immediately notify t Court and theCourt ofoontiauWurisdiction of the circumstances so that a substitute can be pro continue the action on behalf of the children. All Attorneys Ad Uterr4ppoutted to assist the Fria save at the exclusive discretion of the appointing Court, and may be removed or replaced at any t Order of the Court. fiich helshe has of Upon the of the Court and Court shall helshe has a Friend of the Ay appointed to of the Court ie by further x'*se7 R '^^TMaPD; G1taR +St 1pg ?"IetltOt tk?trts tL Ant tr . _,..., as t a s?? nc a ?? the oxi?rral.. nr- =7 ..1i.;`. 2)? Ft.?JA god of Li (y ot:^t9, ,:t u , Ta n3, :his p\ MJ M A i. TZ.:IGt . %1.;:& a ist-C2 co=ts of W".chita 100-1 QA rb 7 r .? 9. Z) 9A } tirt d.% r t To SUSAN CRISSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG NORDSKOG DEFENDANT • 2008-5207 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 09, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ag ueline M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled. individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'I'll" /002p";Ir 4, kv 4) O-A. ??u S 0 US 6) SUSAN CRISSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5207 CIVIL ACTION - LAW CRAIG NORDSKOG, Defendant : IN CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this // day of hLoy-4^' , 2008, upon consideration of the attached Custody Conciliat on Report, it is ordered and directed as follows: The Custody Conciliation Conference scheduled for September 9, 2008 at 9:30 a.m. is hereby continued until October 9, 2008 at 8:30 a.m. 2. Pending further Order of Court or agreement of the parties, Mother, Susan Crisson, shall have sole legal custody of Brittany Marie Nordskog, born September 23, 1995 and Savannah Nordskog, born September 10, 1998. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody of both children on September 10 and September 23, 2008 from 6:00 p.m. to 9:00 p.m. Father shall have additional periods of partial physical custody as agreed by the parties. 5. Neither party may remove the children from the jurisdiction of Cumberland County, Pennsylvania without prior Order of Court of the Court of Common Pleas of Cumberland County, Pennsylvania. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for October 9, 2008 at 8:30 a.m. t Azpr,??? 3 cc: betha Tanner Esquire, Counse Craig Nordskog, pro se 1420 Creek Noll San Antonio, TX 78232 Colip0" rn'aAc-L 9/1,/616 tzm BY THE COURT, 1 SUSAN CRISSON, Plaintiff V. CRAIG NORDSKOG, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5207 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany Marie Nordskog September 23, 1995 Mother Savannah L. Nordskog September 10, 1998 Mother 2. A Conciliation Conference was held in this matter on September 9, 2008, with the following in attendance: The Mother, Susan Crisson, with her counsel, Tabetha Tanner, Esquire. Father, Craig Nordskog, although advised of the conference, did not appear. Father's Texas attorney, Jon R. Disrud, Esquire contacted the conciliator on September 8, 2008, in effect seeking a continuance. 3. In light of the request for continuance on behalf of Father, and the need for a temporary order requested by Mother, the Conciliator recommends an Order in the form as attached. Date acq line M. Vern ey, Esquire Custody Conciliator Y v SUSAN CRISSON § Plaintiff, § V. § § CRAIG NORDSKOG, § Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5207 CIVIL ACTION- LAW IN CUSTODY RESPONDENT'S SPECIAL APPEARANCE Respondent, CRAIG NORDSKOG, files this special appearance under the Rules of Civil Procedure. 1. Plaintiff has filed this action in Pennsylvania in violation of the terms of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCMJ). Pursuant to the UCCMJ, Texas retains exclusive and continuing jurisdiction of the children subject to this suit. The UCCMJ prohibits a court (Pennsylvania) from modifying a child custody determination made consistently with the UCCMJ by a court in another state (Texas) unless a court of that state (Texas) determines that it no longer has exclusive, continuing jurisdiction under the UCCMJ or that Pennsylvania would be a more convenient forum. Respondent respectfully requests that The Court of Common Pleas in Cumberland County, Pennsylvania confer with 89th Judicial District Court in Wichita County, Texas before assumption of jurisdiction in this matter. 2. The parties were originally divorced in Wichita County, Texas on June 19, 2000. Texas has retained jurisdiction of this matter. Pursuant to the terms of the Agreed Final 1 Decree of Divorce, it states the following: " IT IS ORDERED that CRAIG NORDSKOG shall have the exclusive right to establish the children's primary residence without regard to geographic location. The Court finds that the parties agree that in the event CRAIG NORDSKOG receives a temporary duty assignment (Stateside or Overseas) the primary residence of the children will be with SUSAN DIEHL-NORDSKOG until CRAIG NORDSKOG returns from his assignment." In this case, CRAIG NORDSKOG was deployed overseas pursuant to military orders. In compliance with the terms of the Agreed Final Decree of Divorce, Respondent surrendered the children to Plaintiff for the duration of his military assignment. Upon completion of his military assignment, Plaintiff physically, forcefully and unlawfully refused and disobeyed the existing court order by refusing to relinquish possession of the children to Respondent. Plaintiff, in her pleadings, acknowledged that prior to this temporary deployment the children have continuously resided with Respondent, except for the usual court ordered summer periods of possession by Plaintiff. Plaintiff has blatantly violated the clear terms of the Agreed Final Decree of Divorce and the UCCMJ. 3. The Respondent's and the children's legal domicile are outside Pennsylvania and are located in Texas. The children are not residents of Pennsylvania. Plaintiff has acknowledged that the children have resided in Pennsylvania only because of Respondent's temporary military duty assignment. Assumption of jurisdiction over Respondent and the children by this Court would offend traditional notions of fair play and substantial justice. Respondent and the children permanently reside in Texas and nothing in Plaintiff's pleading suggests that Respondent has voluntarily relinquished possession of 2 the children. To invoke jurisdiction based upon Respondent's military service and compliance with existing court orders is offensive to traditional notions of fair play and substantial justice. Respondent and the children are prejudiced.because of Respondent's military status. The children, except for the usual summer possession by Plaintiff and the temporary military duty assignment, have had insufficient contacts with Pennsylvania to warrant an assumption of jurisdiction. Respondent prays that this Court hear and determine this challenge to personal jurisdiction before hearing any other plea or pleading and enter an appropriate order. 4. Respondent requests this Court to dismiss this action because Pennsylvania lacks subject-matter jurisdiction in this action. In the alternative, if the Court finds that it has subject-matter jurisdiction to make a child-custody determination in this proceeding, Respondent requests this Court to decline jurisdiction or, alternatively, stay these proceedings on the condition that a custody proceeding will be promptly convened in Texas because Pennsylvania is an inconvenient forum to make a custody determination under the circumstances in this case, and Texas is a more appropriate forum for this custody determination and Petitioner has wrongfully refused to return the children to Respondent and caused their removal from Texas or has engaged in similar reprehensible conduct. Further, if the Court finds that Pennsylvania is an inconvenient forum or that Petitioner has engaged in conduct that causes this Court to decline jurisdiction, Respondent asks that the Court require Petitioner to pay necessary travel and other expenses, including attorney's fees, incurred by Respondent or any witness of 3 0* Respondent. Respondent requests that the Court order that payment be made to the clerk of the Court for remittance to Respondent. Respectfully submitted, CRAIG ALLAN NORDSKOG 1420 Creek Knoll San Antonio, Texas 78253 Tel: (210) 679-0597 By: CRAIG ALL9 NORD Responde The undersigned states under oath: "I am Respondent in the foregoing Respondent's Special Appearance. I have personal knowledge of the allegations and facts stated in it, and they are true and correct." CRAIG AL AN NORDSKO SIGNED under oath before me on VFA M EUZM HMN MY Comm*" EXPIRES . ' MayB, 2011 Notary Pu i , State of Texas Certificate of Service I certify that a true copy of the above was erved on each attorney of record or party. Y J?, CRAIG AU AN NORDSKO 4 C ° Q c m -}= CIO) " J!7: ?l im., ?'T?a ? ? ?}?4 ? t? C-1 SUSAN CRISSON, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 5207 CIVIL TERM CRAIG NORDSKOG, Defendant : IN CUSTODY PRELIMINARY OBJECTIONS TO COMPLAINT FOR CUSTODY AND NOW COMES, Petitioner, Craig Nordskog, by and through his Attorney, Jane Adams, and files these Prelimimary Objections to the Complaint for Custody filed by Plaintiff Susan Crisson on August 28, 2008 and in support thereof avers as follows: 1. Petitioner Craig Nordskog, is an adult individual, (hereinafter referred to as "Father"), who resides at 1420 Creek Knoll, San Antonio, Bexar County, Texas, 78253. 2. Plaintiff, Susan Crisson, (hereinafter referred to as "Mother"), is an adult individual who resides at 112 North Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. On August 28, 2008, Mother filed a Complaint for Custody with the Court of Common Pleas of Cumberland County, Pennsylvania, despite the fact that there was a previous final Decree in Divorce in Witchita County, Texas, entered on July 19, 2000, which provided that Father has primary custody of the children, and that in the event that Father received a temporary duty assignment, Mother would have primary physical custody of the children only until Father's return from duty. A true and correct copy of said Decree of Divorce is attached as Exhibit A. 4. Pursuant to the Cumberland County action, a custody conciliation was set with Jacqueline Verney, on September 9, 2008 at 9:30 a.m. 5. Father did not receive notice of this conciliation conference until September 7, 2008, whereupon he promptly requested a continuance through his Texas Attorney, Jon Disrud, Esquire, so that he could retain an Attorney licensed in Pennsylvania. 6. Despite the fact that Father only had two days notice of the conciliation, and he requested a continuance through his Texas counsel, the conciliation was held without Father's participation, with the conciliator only having information and input from Mother, whereupon an ex parte Order was entered on September 11, 2008. A copy of the September 11, 2008 Order is attached as Exhibit B. 7. The Order entered in Cumberland County on September 11, 2008, which was entered without a hearing and without consent or input of Father, grants Mother sole legal custody and primary physical custody, and such Order is in direct contradiction of the Decree and Order currently in effect in Texas. 8. Father was deployed to Iraq in February 2008. Prior to February 2008, Father had primary custody of the children in Texas. The current Texas Decree provides that he has the right to establish the primary residence of the children, and upon his return from Iraq, the children were to be returned to him. See Exhibit A. 9. In August 2008, Father returned from his deployment in Iraq; the children were staying with paternal grandparents in North Carolina. 10. On August 22, 2008, Mother drove to paternal grandparent's home, and demanded the children in violation of the current custody Order in Texas after calling 911 and involving the police. She returned to Pennsylvania with both children. 11. Father went to Pennsylvania on September 7, 2008 to request that the children be returned to him pursuant to the Texas Order. Mother refused to let Father see the children and kept them locked inside the house. 12. On September 7, 2008, Father eventually got to see the children. When Father told Mother he would take them back to Texas pursuant to the current Order, Mother attacked Father and called the police. The police came and told Father he should return home without the children because he was from out of state and he should work things out through the courts. 13. Another conciliation is scheduled for October 9, 2008 before Jacqueline Verney. 14. Father has contacted his Texas attorney, Jon Disrus, Esquire, who is currently preparing to file an action in Texas to enforce the prior Order entered in Texas. 15. Father does not voluntarily submit himself to the jurisdiction of this Court. 16. Father files the instant preliminary objections challenging the jurisdiction of the Court of Common Pleas of Cumberland County from entertaining this custody action when there is a prior order in Texas, because: a. A prior divorce decree was entered which determines the rights of the parties and child custody. b. Mother is now attempting to circumvent the current custody Order and jurisdiction of the Texas Court, and is shopping for a forum which she believes is more favorable. c. The Court of Common Pleas of Cumberland County should not exercise jurisdiction where there is a valid pre-existing custody Order in Texas which clearly defines the rights and duties of the parties. d. Mother has kept the children away from Father in direct violation of the Texas Order of Court. e. The decision to transfer jurisdiction rests with the Texas Court. Pennsylvania, should give full faith and credit to the Order entered in Texas and should decline to exercise jurisdiction until and unless Texas relinquishes jurisdiction. Mother has violated the prior Order and is attempting to forum shop in an effort thwart enforcement of the Order which has already been entered. 17. Father files the instant preliminary objections challenging the jurisdiction of the Court of Common Pleas of Cumberland County from entertaining this custody action when there is a prior order in Texas, because the Uniform Child Custody Jurisdiction and Enforcement Act provides: a. Under section 23 Pa.C.S. §5406, a child custody determination made by a court of this Commonwealth that had jurisdiction binds all persons who have been served, submitted to jurisdiction of the court, and who have been given an opportunity to be heard. Father denies that Pennsylvania has jurisdiction, does not submit to jurisdiction, did not receive adequate notice, and was not given an opportunity to be heard in this matter. The September 11, 2008 Order was entered without Father being given an opportunity to be heard. b. Under section 23 Pa.C.S. §5421, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if, under section (2), a court of another state does not have jurisdiction or has declined to exercise jurisdiction. Father maintains that Texas has jurisdiction of this matter and has not declined to exercise jurisdiction. He is currently pursuing enforcement in Texas. c. Under section 23 Pa.C.S. §5421, a court of this Commonwealth has jurisdiction to make an initial child custody determination only if, under section (3), all courts having jurisdiction have declined to exercise jurisdiction on the grounds that Pennsylvania is a more appropriate forum. No such determination has been made by Texas. d. Under section 23 Pa.C.S.§5423, a court of this Commonwealth may not modify a child custody determination made by a court of another state unless the other state determines it no longer has exclusive, continuing jurisdiction, or that Pennsylvania would be a more convenient forum. e. Under section 23 Pa.C.S. §5424, notice and opportunity to be heard must be given to all persons entitled before a child custody determination is made. Father was not given adequate notice, and an Order was entered giving Mother sole legal custody and primary physical custody ex parte. f. Under section 23 Pa.C.S.§5427 a court of this Commonwealth which has jurisdiction may decline to exercise jurisdiction if it determines that it is an inconvenient forum. g. Under section 23 Pa.C.S.§5428, if the court has jurisdiction because a person seeking to invoke jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise jurisdiction unless all parents have acquiesced to jurisdiction, or another court determines that Pennsylvania is more appropriate, or no other state would have jurisdiction. Mother has engaged in unjustifiable conduct because she refuses to follow the current Texas Order and snatched the children in violation of that Order. WHEREFORE, Petitioner request that this Honorable Court sustain his Preliminary Objections and refuse to accept jurisdiction of this matter. Respectfully subm Date: C? a 0 5 Jaffi Adams, Esquire W.. No. 79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT .,.. r ;tl T ZZMANE ''OF_ TIDE OF CRAIG NORDSKOG AND SUSAN DIEHL-NiORDSKOG QOFiBEY R. TRAPP, CIKk Otst. :. .: IN..THE DIgT? ram §. § 89TH JUDICIAL DIS .RICT AND IN THE INTEREST OF § BKITT ET-MARIE A. NORDSKO0 AND SAVANNAH L. NORDSKOG, § WICHITA COUNTY, TEXAS CHILDREN --- - - - - AGREED FINAL DECREE OF DIVORCE On June 99, 2000 the Court heard this case. ARMEances Petitioner, CRAIG NORDSKOG, appeared won and through ?ftomey of record, Eleanor B. Bibb, and announced ready for trial. Resent, SUSAN DIEHL-NORDSKOG, tion appearzd i++ lw-s*-n., Record The record of testimony was duly reported by the court reporter fot the 89th Judicial District Court. The Court finds that the pleadings of Petitioner are in due form allegations, information, and prerequisites required by law. The evidence, finds that It has jurisdiatlon of this case and of all the p, QECREE OF DIVORCE - Nordskog d contain all the after receiving and that at least page 1 Exhibit "A" --1EX Pr 7 f t i • = r}A Wa01.014 detee?Fsiel a tiltli't'Pfr :. this suit umsfil6d . Petltioner had--been a domiciliary of Texas for the p pe.dod.:and a went dWie fy in which this suit was red for the pi period. All persons entitled to citation were properly cited. Prat; at the fiifie... r ding-six-month ding Wriety-day ?!ltgt . A jury was waived, and all questions of fact and of law were submitted to the Court.* Agreement of the Parties The Court finds that the parties have entered into a written agreement as contained in this decree by virtue of having approved this decree as to both form ar?d substance. To the extent permitted by law, the parties stipulate the agreement Is 4nfbmeable as a contract. The Court approves the agreement of the parties as conta?ned In this Final Decree of Divorce. Divorce IT IS ORDERED AND DECREED that CRAIG NORDSKOG, Petitioner, and SUSAN DIEHL-NORDSKOG, Respondent, are divorced and that the marriage ,between them is dissolved on the ground of insupportability. Children of the Marriage The Court finds that Petitioner and Respondent are the parent of the following children: Name: BRITTNEY-MARIE A. NORDSKOG Sex: Female Birthplace: Wichita Falls, Texas Birth date: September 23, 1995 Home state: Texas AGREED FINAL DECREE OF DIVORCE - Nordskog Page 2 Y: S AiNQA-t` : NORDSKOG``r , ....,`:«J, Sex:; Female Birthplace:. _ Wichita Falls; Texas ''.8110, Late: September 10, 1998 (- Het0e state:= -Texas The Court finds no.other children of the marriage are expected. Conservatorablp and Sunnort The Court, having considered the circumstances of the parents ano of the children, ' finds that the following.orders are in the best interest of the children. IT 1S ORDERED that CRAIG NORDSKOG and SUSAN DIEHL-NORDSKOG are appointed parent joint managing conservators of the following children: Bf ITTNEY-MARIE i A. NORDSKOG and'SAVANNAH L. NORDSKOG. IT IS ORDERED that, at all times, CRAIG NORDSKOG, as a pare?t joint managing ; conservator, shall have the following rights and duty: 1, the right to receive information from the other parent co» Ming the health, education, and welfare of the children; 2. the duty to inform the other parent in a timely manner of significant information concerning the health, education, and welfare of the children; 3. the right to confer with the other parent to the extent possiNe before making a decision concerning the health, education, and welfare f the children; 4. the right of access to medical, dental, psychological, and educational records of the children; 5. the right to consult with. a physician, dentist, or psychologi4t of the children; 6. the right to -consult with school officials concerning the child n's welfare and educational status, including school activities; 7. the right to attend school activities; AGREED FINAL DECREE OF DIVORCE - Nordskog Page 3 `.3 s fir! i E-1 , •:k YY & 7 T F MC''. , x .. -l,. J: ??Yde1T;? p?l' in_case of an emergency; dghl to consent- to medical, dental, and surgical tree e no?°-involving-an -imm0date1 dan4et to. the'health _ -- - children, and-- int daring an safety of t 10. the right to manage the estates of the children to the exterft a estates have been created by the parent or the parent's family. , IT IS ORDERED that, at all times, SUSAN DIEHL-NORDSKOG, s a parent joint managing conservator, shall have the following rights and duty: the right to receive 'information from the other parent conce ing the health, education, and welfare of the children; 2. the duty to inform the other parent in a timely mann r of significant information concerning the health, education, and welfare of the children; the right to confer with the other parent to the extent possibl before making a decision concerning the health, education, and welfare o the children; 4?. the right of access to medical, dental, psychological, and ed rational records of the children; 5, the right to consult with a physician, dentist, or psychologist of the children; 6. the right to consult with school officials conceming the childr?n's welfare and educational status, including school activities; I, 7. the right to attend school activities; 8. the right to be designated on the children's records as a pe n to be notified in case of an emergency; 9. the right to consent to medical, dental, and surgical tree nt during an emergency involving an immediate danger to the health d safety of the children, and 10. the right to manage the estates of the children to the extent ?he estates have been created by the parent or the parent's family. ED FINAL DECREE OF DIVORCE - Nordskog Page 4 uk , ate.. Tw, A chat i SA , fb r r .. IV0RDSKOGe.as,a-parent joint managing o©nservator; shalt have the foll owing rights and- dubless - , t.. the duty, of care, control, protection, and reasonable discipii of the children; r the duty to support the children, including providing the child ten with clothing, food, shelter, and medical and dental care not involy ng an invasive procedure; Q3) the right to consent for the children to medical and dental ? _ ne not involving an invasive procedure; r 4. the right to consent for the children to medical, dental, and s rgical treatment during an emergency involving immediate danger to the he Ith and safety of the children; and 5. the right to direct the moral and religious training of the c+ ren. IT IS ORDERED that, during her respective periods of poss1 ession, SUSAN DIEHL-NORDSKOG, as a parent joint managing conservator, shall hal ve the following rights and duties: I 1. the duty of care, control; protection, and reasonable discipli of the children; 2. the duty to support the children, including providing the child n with clothing, food, shelter, and medical and dental care not invoiv ng an invasive procedure; 3. the right to consent for the children to medical and dental c?re not involving an invasive procedure; j 4. the right to consent for the children to medical, dental, ands rgical treatment during an emergency involving immediate danger to the he lth and safety of the children; and I 5. the right to direct the moral and religious training of the AGREED FINAL DECREE OF DIVORCE Nordskog Page 5 iaz r eransetd%' shag- have the folloWr?g rights?..and duty: . -sr ., ,. 1. t #c statr?l? h the Orirnaty thsid'e era f#t?° iiadreta; r to consent to medical; dental, and surgical. tre tment involving ght :. t. 2., fhe.::.d inwsive - procedures and to consent -to ,psychiatric- efn psychological treatment of the children; 3. the right to receive and give receipt for periodic payments f r the support of the children and to hold or disburse these funds for th benefit of the 4. the. right to represent the children in legal action and -to mak# other decisions of substantial legal significance concerning the children; 5. the right to consent to marriage and to enlistment in the arrt?ed forces of the United States; 6. the right to make decisions concerning the children's educotion; 7, the right to the services and earnings of the children; 8. except when a guardian of the children's estates or a gua than or attomey ad litem has been appointed for the children, the right to a as an agent of the children in relation to the children's estates if the ch ren's action is required by a state, the United States, or a foreign governent; and 9. the duty to manage the estates of the children to the extent the estates have been created by community property or the joint property Of the parents. IT IS. ORDERED that CRAIG NORDSKOG shall have the exclusive{right to establish the children's primary residence without regard to geographical The Court finds the parties agree that in the event CRAIG NORWOG receives a temporary duty assignment (Stateside or Overseas) the primary resider of the children AGREED FINAL DECREE OF DIVORCE - Nordskog Page 6 y?ch I IT IS ORDERED-that each parent shall have. the duty to inform t other parent if the: parent.1s acquainted with or resides with -for at least 30 days, msrfi s, of intends to marry a person who the parent knows: 1) is registered as a sex offend under Chapter 62, Code of Criminal Procedure; 2) is currently charged with an offen a for which on conviction the person would be required to register under that chapter; or, 3) has a felony conviction from any state. This notice shall be made as soon as practice ble but not later tha-the 40th day after the date the- parent begins to residdo with the perso or the 10th day after the date the marriage occurs, as appropriate. The notice must include a description of the offense that Is the basis of the person's requirement to register as sex offender or of the offense with which the person is charged. Possession Order IT IS ORDERED that the conservators shall comply with all term and conditions of this Possession Order. IT IS ORDERED that this Possession 0 der is effective immediately and applies to all periods of possession occurring on and aft the signing of this Possession Order. IT IS, THEREFORE, ORDERED: In this Possession Order "school" means the primary or secondary sch in which the child is enrolled or, if the child is not enrolled in a primary or secondary s hoot, the public school district in which the child primarily resides. In this Possession Order "child" includes each child, whether one or more, o is a subject of this suit while that child is under the age of eighteen years an not otherwise emancipated. IT IS ORDERED that the conservators shall have possession of the child t times mutually agreed to in advance by the parties, and, in the absence of mutual greement, it is ORDERED that the conservators shall have possession of the child un er the specified terms set out in this Possession Order. FINAL DECREE OF DIVORCE - Page 7 .r- :,, r•. ;:. ?R??Z cQ:?i?"r? M-a1.a1. .. , .. .. a .. .... 'T'!.'rE$ . s. . ^fi•Except a; Q Y !s? m0ded..:in thla;..Poseesslow Omer, when S0???i?": HL N_ r-14t3-oifess frdrn=thepy t'eside ?e ofth? ?' t. • , Ct AIV l kiti- 06 shall ha ve?the bight to` possession of the c ild as foliowis. Weekends - On weekends, beginning at 6:00 p.m., on the first, third, and fifth Friday of each month and ending::. at 6:00 p.m. on the following. Sunday. ' Weekend Possession Extended by a Holiday - Except as otherwise a plicitly provided in this Possession Order, if a weekend period of possessi n by SUSAN DIEHL-NORDSKOG begins on a Friday that Is a school holiday during th regular school term or a federal, state, or tocaI holiday dudngIfw summer months whe school is not in session, or If the period ends on or is immediately foilowed by a Mond y that is such a holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end at 6:00 .p.m. on that Monday holiday or school holiday, as applicable. Wednesdays - On. Wednesday of each week during the regular school teen, beginning at 6:00 p.m, and ending at 8:00 p.m. II, Christmas Holidays In Even-Numbered Years - in even-numbered ye rs, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26. Christmas Holidays In Odd?umbered Years In odd-numbered I noon on December 26 and. ending at 6:00 p.m. on the day before resumes after that Christmas school vacation. Thanksgiving in Odd-Numbered Years - In odd-numbered years, on the day the child is dismissed from school for the Thanksgiving 6:00 p.m. on the Sunday following Thanksgiving. Spdng-Break In Even-Numbered Years - in even-numbered years, p.m. on the day the child is dismissed from school for the school's sl ending at 6:00 p.m. on the day before school resumes after that vacal DIEHL-NORDSKOG shall have possession of the child for beginning week after school is dismissed for the summer school vacation and endii to school resuming for the fail semester at 6:00 p.m. AGREED FINAL DECREE OF DIVORCE - Nordskog , beginning at child's school ig at 6:00 p.m. and ending at nning at 6:00 vacation and _G - SUSAN 6:00 p.m. one one week prior Page 8 -,,Order -ft present -possassiorr?'cf+#ter .d6 th* tM,itd's : A#IzHL-i' R sr?r s alf have possession ue;ehild..and the chiidt ? row the child to that same place. Wlathees ft Weekend - Each year, beginnft -at 6:00 p.m. on the' Mother's. Day and ending at 6:00 p.m. on Mother's Day, provided i otherwise entitled under this Possession Order to present possession of t pick up the child from CRAIG NORDSKOG's residence and return the c place. Notwithstanding the weekend and Wednesday periods of for SUSAN DIEHL-NORDSKOG, it is explicitly ORDERED that CRAIG have a superior right of possession of the child as follows: Weekends - On weekends, beginning at 6:00 p.m., on the second each month and ending at 6:00 p.m. on the following Sunday. fay, SUBAk -..., ...,. is beginning, i4 USAhi _ ?and?re?fi3? . riday preceding at if she is not 9 child, she shall ilid to that same ORDERED RDSKOG shall fourth Friday of Christmas Holldavs 11) Odd-Numbered Years - In odd-numbered ye rs, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26. Christmas Holldavs In Even-Numbered Years - In even-numbered y noon on December 26 and ending at 6:00 p.m. on the day before school Christmas school vacation. Thanksgjvipg In Even-Nmbered Years - In even-numbered years, p.m. on the day the child is dismissed from school for the Thanksgiving I at 6:00 p.m. on the following Sunday. Sexing Break In Odd-Numbered Years - in odd-numbered years, b on the day the child is dismissed from school for, the school's spring at 6:00 p.m. on the day before school resumes after that vacation. beginning at nes after that ling at 6:00 and ending at 6:00 .p.m. and ending Child's Birthday - If CRAIG NORDSKOG Is not otherwise entitled under this Possession Order to present possession of the child on the child's birthday, CRAIG N RDSKOG shall have possession of the child and the child's siblings beginning at 6:00 p.m. and ending at Page 9 AGREED FINAL DECREE OF DIVORCE - Nordskog • t and returns the•child tottrat's*ne -# ier Each year, _beginnint a# 6 Q0`p m. onie? s . =at '6:00 atCisi's fa' ; `roi+d' rn° er?drii p.m.-on Y P NORDSKOG Is not otherwise entitled under this Possession Order to prn -of the child, he shall pick up the child from SUSAN DIEHL-;NORDSKO( return the child to that same place. CRAIG NORDSKOG shall have the right of possession of the child not specifically designated in this Possession Order for SUSAN D Parents Who Reside More Than 100 Mites Apart iy p?ereyr? do ant possession residence and all other times Except as otherwise explicitly provided in this Possession Order when SUSAN DIEHL-NORDSKOG resides more than 100 miles from the residence of a child, SUSAN DIEHL-NORDSKOG shall have the right to possession of the child as slows: Weekends - Unless SUSAN DIEHL-NORDSKOG elects the aitemative p possession described in the next paragraph, SUSAN DIEHL-NORDSKC right to possession of the child on weekends, beginning at 6:00 p.m. on t fifth Friday of each month and ending at 6:00 p.m. on the following Su otherwise explicitly provided in this Possession Order, if such a we possession by SUSAN DIEHL-NORDSKOG begins on a Friday that is during the regular school term or a federal, state, or local holiday du months when school Is not in session, or if the period ends on or is imrr by a Monday that is such a holiday, that weekend period of possession s p.m. on the Thursday immediately preceding the Friday holiday or schc at 6:00 p.m. on that Monday holiday or school holiday, as applicable. AltmTW, a weekend- possession - in lieu of the weekend possession foregoing paragraph, SUSAN DIEHL-NORDSKOG shall have the right to child not more than one weekend per month of SUSAN DIEHL-NOR beginning at 6:00 p.m. on the day school recesses for the weekend ar p.m. on the day before school resumes after the weekend. Except, as of provided in this -Possession Order, if such a weekend period of posse DIEHL-NORDSKOG begins on a Friday that is a school holiday during:t term or a federal, state, or local holiday during the summer months whe session, or if the period ends on or Is immediately followed by a Monc holiday, that weekend period of possession shall begin at 6:00 p.m. immediately preceding the Friday holiday or school holiday or end at od of weekend shall have the first, third, and ay. Except as ;end period of school holiday ?g the summer Iiately followed iI begin at 6:00 holiday or end ascribed in the ?ssession of the IKOG's choice ending at 6:00 ?rwise explicitly ion by SUSAN regular school school is not in that is such a i the Thursday )0 p.m. on that AGREED FINAL DECREE OF DIVORCE - Nordskog Page 10 c a= 4 ri''1001#yrelli: = SMAR3!43ti=14161OR6 an- option for. thl& eltemstive period of weekend possession by giving GRAiG AtOF D G m.1thin ,ninety days. after-. the-?padlee begin to resid miles apart. ff._.-SUMN DIEHL-;N(NWSKOG- .rt?_akes. this e! DrEHL=M4RDSKflG:sha1rgIv& CRAIG N{#fitt}SK+O ft iirteen days' wA notice preceding a designated weekend. The weekends chosen shall nc provisions regarding Christmas, Thanksgiving, the child's birthday, a Weekend below. Mden notice- to mom -than: 1.00 rtlon, SUSAN sri or`telephcnic` ` _ -conflict with the d Father's : Day ?_1? Christmas Holidays In Even.Numbered Years - In even-numbered years, beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 26. Christmas H_ oiidays In Odd-Numbered Years - In odd-numbered ye m, beginning at noon on December 26 and ending at 6:00 p.m. on the day before t e child's school resumes after that Christmas school vacation. Thanksatving in Odd-Numbered Years - in odd-numbered years, begin ing at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving holid y and ending at 6:00 p.m. on the Sunday following Thanksgiving. Spring Break in All Years - Every year, beginning at 6:00 p.m. on the day the child is disrrdssed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation. M - SUSAN DIEHL-NORDSKOG shall have possession of the child for beginning t 6:00 p.m. one week after school is dimissed for the summer school vacation and ending one week prior to school resuming for the fall semester at 6:00 p.m. Child's Birthday - If SUSAN DIEHL-NORDSKOG is not otherwise e ' ed under this Possession Order to present possession of the child on the child's b rthday, SUSAN DIEHL-NORDSKOG shall have possession of the child and the child's sl lings beginning at 6:00 p.m. and ending at 8:00 p.m. on that day, provid that SUSAN DIEHL-NORDSKOG picks up the child from CRAIG NORDSKOG's resid nos and returns the child to that same place. other's Day Weekend - Each year, beginning. at 6:00 p.m. on the dday preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if SUSAN DIEHL-NORDSKOG is. not otherwise entitled under this Possession Order to present possession of the child, she shall pick up the child from CRAIG NORDS OG's residence and return the child to that same place. AGREED FINAL DECREE OF DIVORCE - Nordskog I Page 11 - i ?,+F' ?1+e+tMlthg#'ipicia49e!f -IMP ..:_t:. DIEHL-NOR-DSK0G, fi -!s;_vXpI!d tly?.ORDERED- that ORA10MORDSK superior right- ofpbssessidn 4--the child as follows: Wesokends - On weekends, beginning at 6:00 p.m:, on the first, third, each month and_ ending at 6:00 p.m. on the following Sunday. t shalt: have a fifth Friday of Christmas Holidays in Odd-Numbered Years- In odd-numbered ye rs, beginning at, 6:00 p.m.- on the day the child is dismissed from-school for the Christmas school vacation and ending at noon on December 26. Ch_ rfgtmavs in Even-Numbered Years - in even-numbered ye rs, beginning at noon on December 26 and ending at 6:00 p.m. on the day before school r sumes after that Christmas school vacation. Than wing in Even-Numbered Years - In even-numbered years, b inning at 6:00 p.m. on the day the child'is dismissed from school for the Thanksgiving h iday and ending at 6:00 p.m. on the following Sunday. Child's Birthday - If CRAIG NORDSKOG is not otherwise entitled under this Possession Order to present possession of the child on the child's birthday, CRAIG N RDSKOG shall have possession of the child and the child's siblings beginning at 6:00 p. . and ending at 8:00 p.m. on that day, provided that CRAIG NORDSKOG picks up the c iid from SUSAN DIEHL-NORDSKOG's residence and returns the child to that same pla . Father's Day Weekend - Each year, beginning at 6:00 p.m. on the dday preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if CRAIG NORDSKOG Is not otherwise entitled under this Possession Order to pr ent possession of the child, he shall pick up the child from. SUSAN -DIEHL-NORDSKOG s residence and return the child to that same place. CRAIG NORDSKOG shall have the right of possession of the child) at all other times not specifically designated in this Possession Order for SUSAN DIEHL-NORDSKOG. General Terms and Conditions Except as otherwise explicitly provided in this Possession Order, the terms and AGREED FINAL DECREE OF DIVORCE - Nordskog Page 12 : i pQ:s lot o ire: eF?ifd eav Of f fe residence of a. parent.-and the child -are as follows: ?S?ftr of- Mid by CRAIG fflflQ lM - MIG NORDSKOG surrender the chi {d to SUSAN DIEHL-NORDSKOC -at#h beginning c SUSAN DIEHL-NORDSKOG's possession afthe residence of CRAIG h Return of Child -by SUSAN DIEHL-NOBMSKQG, - SUSAN DIEHL ORDERED to. return the child to the residence of CRAIG NORDSKOG 9 period of possession. However, it is ORDERED that, if CRAIG NORM DIEHLrNORDSKOG live in the same county at the time of rendition of th DIEHL-NORDSKOG's county of residence remains the same after rendt and CRAIG NORDSKOG's county of residence changes, effective or change of residence by CRAIG NORDSKOG, SUSAN DIEHL-NORDSKO the child to CRAIG NORDSKOG at the residence of SUSAN DIEHL-NC end of each period of possession. O?RDEREI?? td each period of NORDSKOG is the end of each )G and SUSAN" s order, SUSAN on of this order, the date of the shall surrender 4DSKOG at the sgyrrender of Child by SUSAN. DIEHL-NORDSKOG - SUSAN DIEHL NORDSKOG is ORDERED to surrender the child to CRAIG NORDSKOG, if the chid is in SUSAN DIEHL-NORDSKOG's possession or subject to SUSAN DIEHL-NORDS OG's control, at the beginning of each period of CRAIG NORDSKOG's exclusive period of possession, at the place designated in this Possession Order. Return of Child by CRAIG NORDSKOG - CRAIG NORDSKOG is ORDERED to return the child to SUSAN DIEHL-NORDSKOG, if SUSAN DIEHL-NORDSK G Is entitled to possession of the child, at the end of each of CRAIG NORDSKOG's ex t usive periods of possession, at the place designated in this Possession Order. ?O Personal Effects - Each conservator is ORDERED to return with the 011d the personal effects that the-child brought at the beginning of the period of possessio . Desigpadon of Competent Adult - Each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a nservator or a designated competent adult be present when the child is picked up or returned. In iiity to Exercise Possession - Each conservator Is ORDERED to *e notice to the person in possession of the child on each occasion that the conservator ill be unable to exercise that conservator's right of possession for any specified period. Written Notice - Written notice-shall be deemed to have been timely made if received or postmarked before or at the time that notice is due. AGREED FINAL DECREE OF DIVORCE - Nordskog Page 13 -T 014016 BE& THE. 1 ! 181 ... ?.. i ... . .e . ... a _ 4.11 .\.,. i'slti• ..M mdon. The periods of possession ordered above apply to eadh child the s bject of this' suit while that child is under the age of eighteen years and not otherwise em ncipated. ' .a Additional Provislons' for Long-Distance Access and Visi tion IT IS ORDERED that, until a child reaches the age of five yea , the following arrangements for the travel of that child shall control: Surrend2r at SUSAN DIEHL-NORDSKOG's Residence - Adult to A mpany Child. OG shall travel Adult to Accompany Child -1T IS ORDERED that SUSAN DIEHL-NORDS h with the child between the residence of CRAIG NORDSKOG and at of SUSAN DIEHL-NORDSKOG at the beginning of each period of possession. I IS FURTHER ORDERED that CRAIG NORDSKOG shall travel with the child between a residence of SUSAN DIEHL-NORDSKOG and that of CRAIG NORDSKOG at the en of each period of possession. In place of this requirement, each conservator is autho . to designate a responsible adult known to the child to travel with the child between the r sidences of the parties. IT IS FURTHER ORDERED that the child shall not travel alo a between the residence of SUSAN DIEHL-NORDSKOG and that of CRAIG NORDSK until the child reaches the age of five years. Surrender at SUSAN DIEHL-NORDSKOG's Residence - Expenses Sh red by SUSAN DIEHL-NORDSKOG and CRAIG NORDSKOG - IT IS ORDERE that SUSAN DIEHL-NORDSKOG shall pay all travel expenses, charges, escort fee ,and air fates incurred for the child for transportation from the residence of CRAIG NO DSKOG to that of SUSAN DIEHL-NORDSKOG. IT IS FURTHER ORDERED that CRAI NORDSKOG shall pay all travel expenses, charges, escort fees, and air fares Incurred for the child for transportation from the residence of SUSAN DIEHL-NORDSKOG to that of CRAIG NORDSKOG. IT IS ORDERED that the following provisions shall govern the arrangements for the travel of the child to and from SUSAN DIEHL-NORDSKOG after the child teaches the age FINAL DECREE OF DIVORCE.- Nordskog Page 14 '4? n i S OfIve j =r, .? , , .. Ratum Notice of Plac6--and-Tirne°'6f°PbsSeeslon - IT IS ORDERED DiEHL-NORDSKOG desires to take possession of the child at an airp DIEHL-NORDSKOG's residence, SUSAN DIEHL-NORDSKOG shall sty a notice letter to CRAIG NORDSKOG: (a) the airport where CRAIG NORDSKOG is to surrender the child; (b) the date and time of the flight on which the child is scheduled to (c) the airline and flight number of the airplane on which the child is sc (d) the airport where the child will return to CRAIG NORDSKOG € period of possession; (e) the date and time of the flight on which the child is scheduled airport; and (f) the airline and flight Number of the airplane on which the child is sc to CRAIG NORDSKOG at the end of the period of possession. F[Ight Arrangements. IT IS ORDERED that each conservator st reservations for the child only an major commercial passenger airlines on change of airplanes between the airport of departure and the airport "nonequipment change flight"), IT IS FURTHER ORDERED that each c make airline reservations for the child on flights that depart from a oomm( the residence of the other conservator that offers regularly scheduled pa4 various cities throughout the United States on major commercial passer if-SUSAN near SUSAN these facts in Auled to leave; the end of the return to that to return make airline ghts having no final arrival (a iservator shall ial airport near anger flights to qr airlines. Delivenr and PlckuR by CRAIG NORDSKOG. IT IS ORDERED that CRAG NORDSKOG shall deliver the child to the airport from which the child is scheduled to leave at the beginning of each period of possession at least one hour before the scheduled departure time. IT IS FURTHER ORDERED that CRAIG NORDSKOG shall surrender the child to a flight attendant who is employed by the airline and who will be flying o the same flight on which the child is scheduled. IT IS FURTHER ORDERED that CRAIG NORDSKOG shall take posses ion of the child at the end of SUSAN DIEHL-NORDSKOG period of possession at the a rport where the child is scheduled to return and at the specific airport gate where the pass ngers from the child's scheduled flight disembark. AGREED FINAL DECREE OF DIVORCE Nordskog I Page 15 h x DIEHL-NORD Kl IT? IS :ORDERED i S`'B DIE+fL-NORD KOG shdll't` 9W possesses o thebiid at the begintgrof eel pal# frsslvn at airport vie .:. . tiie ct is tu ire and-at-the spitc alt gate where the aesengersm the chirld's scheduled.. flight disembark. IT IS FURTHER ORDERED that SUSAN DIEHL-NORDSKOG, at the e d of each period of-possession, shall deliver the child to the airport where the child is;d used to depart at least one hour before the scheduled departure time and surrender th child to a flight attendant who is employed by the airline and who will be flying on the sa a flight on which the child is scheduled to return. filiiissed Flihta. IT IS ORDERED that any conservator who has pose ssion of the-child at the time shall notify the other conservator immediately if the child is not placed on a scheduled flight at the beginning or end of a period of possession. T IS FURTHER ORDERED that, if the child should miss a scheduled flight, the conservator having possession of the child when the flight is missed shall schedule another noneqUipment change' flight for- the child as soon as is possible after the originally sch uled flight and shall pay any additional expense associated with the changed flight a d give the other conservator notice of the date and time of that flight. SUSAN DIEHL-NORDS OED's Residence. IT IS ORDERED that SUSAN DIEHL-NORDSKOG shall purchase in advance the airline tickets (including escort fees) to be used by the child for the child's flight from the airport near the residence of CRAIG NORDSKOG to the airport near the residence of SUSAN DIEHL-NO DSKOG. IT IS FURTHER ORDERED that SUSAN DIEHL-NORDSKOG shall mak the necessary arrangements with the airlines and with CRAIG NORDSKOG in order that he airline tickets are available to the child before a scheduled 'flight. IT IS FURTHER ORDERED that CRAIG NORDSKOG shall purchase in advance the airline tickets (including escort fees) to be used by the child for the child's flight from the airport near the rest ence of SUSAN DIEHL-NORDSKOG to the airport near the residence of CRAIG NO DSKOG. IT.IS FURTHER ORDERED that CRAIG NORDSKOG shall make the necess arrangements with the airlines and with SUSAN DIEHL-NORDSKOG in order that the iriine tickets are available to the child before 'a scheduled flight. Mis???aneses. IT IS ORDERED that the expenses of a a in traveling to and from an airport, as well as related parking and expenses, are the sole responsibility of the. conservator delivering or re the airport. FINAL DECREE OF incurred the childat Page 16 ,............ I = tparty OR RF -pmv? tare off 11W. E iaritte . a?ithor nation.-within ten days after written request is received, F i altovu.th c gkli ,Jo_trwel-with the other party beyond the territorial Iii $#atQs,__T pantie areORDERED to exclian9e passPocts-as-la--necag: travel. The parties agree and IT BORDERED that- this-decree -shal authorization for such travel. Is necessaryto ;s of the UriIWd Y to allb*- s w- erve as- whiten IT IS ORDERED that SUSAN DIEHL-NORDSKOG is obligated to play and shall pay to CRAIG NORDSKOG child support of $300.00 per month, with the first payment being due and payable on March 1, 2001 and a like payment being due and day of each month thereafter until the first month following the occurrence of one of the events specified below: 1. any child reaches the age of eighteen years, provided that, if 1 enrolled in an accredited secondary school in a program leadini school diploma or enrolled in courses for joint high school and jum pursuant to Section 130.008, Education Code, the periodic child-su shall continue to be due and paid until the end of the month in graduates; 2. any child marries; 3. any child dies; 4. any child's disabilities are otherwise removed for general 5. further order modifying this child support. Thereafter, SUSAN DIEHL-NORDSKOG is ORDERED to NORDSKOG child support of $285.00 per month, due and payable on first month immediately following the date of the earliest occurrence of on the 1 st of the earliest he child is fully 1toward a high )r college credit pport payments which the child or y to CRAIG 1 st day of the of the events specified in items 1. through 4. above and a like sum of $285.00 due ant payable on the FINAL DECREE OF DIVORCE Page 17 i above. 8-from Earmtngs IT IS ORDERED that any employer of SUSAN DIEHL-NORDSKOG shall be ordered. ' A to withhold from • eamings for child support from the disposable earnings of SUSAN DIEHL-NORDSKOG for the support of BRITTNEY-MARIE A. N RDSKOG and SAVANNAH L. NORDSKOG. Withholding as Credit against SaRRart biigadon. IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of SUSAN.DIEHL-NORDSKOG by the employer and paid in accordance with the order to that employer shall constitute a credit against the child-support obligation. Payment of the full amount of child support ordered paid by this decree through the mea of withholding from earnings shall discharge the child-support obligation. If the amount withheld from earnings and credited against the child-support obligation is less than 10 percent of the amount ordered to be paid by this decree, the balance due remains an obligation of SUSAN DIEHL-NORDSKOG, and it is hereby ORDERED that SUSAN ' DIEHL-NORDSKOG pay the balance due directly to the local registry of court specified below. Order to F.MR[ r. On this date the Court signed an "Employer's Order to Withhold f m Earnings for Child Support." OF E7IVORC Nordskog Page 18 i r;dx? zer ,. y s a P `thot mi pa'y S*-W CJo;.1s7f7lGie' ItII.V[s .''WItiF' .. . Serviopst P:f}.-ox 5S4E3, Rchita:Fails, Teas 76307-and.fitien remitted t CRAIG NORDSKOG for the support of the children. IT IS FURTHER SUSAN DIEHL-NORDSKOG shall pay, when. due, all fees charged by tl IT IS ORDERED AND DECREED that (1) SUSAN DIEHL-NORD the monthly child support collection fee of $3.00 per month, payable annL with the first child support payment ordered to be paid here DIEHL-NORDSKOG as an operations initiation fee with the first child ordered to be paid herein. IT IS ORDERED AND DECREED that should SUSAN DIEHL-h make the payments as ordered he shall be susceptible to an action for IT IS FURTHER ORDERED that SUSAN DIEHL-NORDSKOG sh and CRAIG NORDSKOG by U.S. certified mail, return receipt request of address and of any termination of employment. This notice shall be 4, seven days after the change of address or the termination of employmo a subsequent notice shall also provide the current address of SUSAN DI and the name and address of obligors current employer, whenever becomes available. ?geney°to - REO'that agency. , shall pay in advance, (2) SUSAN payment fail to of court. notify this Court. of any change sn no later than . This notice or information IT IS ORDERED that, on the request of a prosecuting attorney, the ttomey general, the friend of the Court, CRAIG NORDSKOG, or SUSAN DIEHL-NORDSK G, the clerk of this Court shall cause a certified copy of the "Employer's Order to Withhoi from Earnings A47 n?rL.Y 1-11?Ai- Li-v1?i.r. v1 V?? V1wr - Page 19 ._:, ..fin. ...:. :,, _. .. .. .. . - .. .. ... this-C©utt*ml{ t#ach a copy of ubchept C-of cfie `*58 of Code for the information of any employer. IT IS ORDLRED that medical support shall be provided for the ch Texas P . ` - e iren as follows: CRAIG NORDSKOG's Respgnjiblilly - It is the intent and purpose of his decree that CRAIG NORDSKOG shall, at all times, provide _medical, support for the children. IT IS THEREFORE ORDERED that, as child support, CRAIG NORDSKOG shat provide medical support for the parties' children, for as long as child support is payable u der the terms of this decree, as set out herein. Defiriftion - "Health insurance" means insurance coverage that provides asic health-care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services, and may be provided in the form of an Ind mnlty insurance contract or plan, a preferred provider organization or plan, a heal h maintenance organization, or any combination thereof. Other Organization - The Court finds that the children are curve fly enrolled as beneficiaries of a health insurance plan provided through CRAIG NORDSKOG's employment or membership in a union, trade association, or other org nization. IT IS ORDERED that CRAIG NORDSKOG shall at his sole cost and exp rise, keep and maintain at all times in full force and effect the health insurance coverage at insuries the parties' children through CRAIG NORDSKOG's employer, union, trade association, or other organization, for as long as it is offered by his employer, union, trade association, or other organization. If his employer, union, trade association, or of r organization subsequently changes health insurance benefits or carriers, CRAIG ORDSKOG is ORDERED to obtain and maintain coverage for the benefit of the children on the successor company or through such health Insurance plan as is available through of er employment, union, trade association, or other organization or other insurance provid r. Conversion of Policy - IT IS ORDERED that if the party through whos employment or membership in a union, trade association, or other organization health insurance has been provided for the children is leaving that employment, union, trade asso cation, or other organization or for any other reason health insurance will not be available for the children through the employment or membership in a union, trade association, or of er organization FINAL DECREE OF DIVORCE - Nordskog Page 20 ,: , : tetAni ti?ffiisc erernploymentor Fd&vert'thWpd9*th.' :. foy; tift4b amount: equal -to orexc f cov -at-in .. eraw. - er?nRloytYter cam: is terminated Eirer-heilr? through SUSAN ; > 3FEHL-NORDSKOC's emptaymertt- ©r-bership t association, or other, organization, CRAIG. NORDSKOG shall reii DIEHL-NORDSKOG for the cost of the converted policy as follows: CRA is ORDERED to pay to SUSAN DIEHL-NORDSKOG at her last knowfi of insuring the ctilldren under the converted policy, on the first day of E CRAIG NORDSKOG receives written notice of the premium DIEHL-NORDSKOG for payment. Accompanying the first such written no subsequent notifications informing of a change'_ in the premium >: DIEHL-NORDSKOG Is ORDERED to provide CRAIG NORDSKOG wit from the carrier of the cost to SUSAN DIEHL-NORDSKOG of providing children. If Policy Not Convertible - if the health insurance policy covering th, convertible and if no health insurance is available for the children through or membership In a union., trade association, or other organization of e ORDERED that CRAIG NORDSKOG shall purchase and maintain, at t expense, health insurance coverage for the children. CRAIG NORDSKC to provide verification of the purchase of the insurance to SUSAN DIEHL SUSAN DIEHL-NORDSKOG's last known address, including the insu number and the plan summary, no later than 30 days following the issuer a unions trade burse SUSAN 3 NORDSKOG idress the cost ich month after from SUSAN ication and any count, SUSAN documentation Dveraoe for the children is not is employment rer party, IT IS sole cost and is ORDERED IORDSKOG at ince certificate e of the policy. Claim Forms - Except as provided below, the party who is not ca 'ng the health insurance policy covering the children is ORDERED to submit to the party carrying the policy, within ten days of receiving them, any and all forms, receipts, bills, and statements reffecctinng the health-care expenses the party not carrying the policy incurs on behalf of the children. The party who is carrying the health insurance policy covering the child n is ORDERED to submit all forms required by the insurance company for payment or r 'mbursement of health-care expenses incurred by either party on behalf of the. children the insurance carrier within ten days of that party's receiving any form, receipt, bill, or sta meet reflecting the expenses. Constructive Trust for Payments Received - IT IS ORDERED tha any insurance payments received by the party carrying the health insurance policy cove ng the children from the health insurance carrier as reimbursement for health-care expe ses incurred by or on behalf of the children shall belong to the party who incurred and paid those FINAL DECREE OF DIVORCE - Page 2.1 dboarlses. iT i f T fittatt r F ae.potlC IS•de `. ?2 constructive trustde!to reoeTwo anytnsu ranee ckeror payr rft for hea r nwi li-ca expens`es' -":and fty-tfisvfrparty, and. tha. a the- -policy--incurred endorse aid' ,foeerard_fhe_charis l r?psly tiecits; Ong-with any explaridtion of benei -thwotharpal?tyt' .' v4#4n three=dayeof recelving them. Elba fttftaft, Insurance - In accordance with article 3.61-13 of the Texas Insurance Code, IT4S ORDERED that the party who Is not carrying #4 a insurance policy covering the children may at that party's option, fie directly the insurance caller with- whom coverage is provided for the benefit of the children any aims for health- care expenses, including, but not limited to, medical, hospitalization, an dental costs. 32020AM Cav w aae - IT IS ORDERED that nothing in this decree sh tt prevent either party from providing secondary hearth insurance coverage for the child les at that partys sole cost and expense. IT iS FURTHER ORDERED that if a party p secondary health insurance coverage for the children, both parties shall coopera#e fully with regard to the handling and filing of claims with the insurance carrier providing the coverage 'in order to maximize the benefits available to the children and to ensure that the party who pays for health-care expenses for the children is reimbursed for the pa nt from both carriers to the fullest extent possible. Compliance with ftmuM r& ComRAny Rgquireme is -• Each party s ORDERED-to conform to all requirements imposed by the terms and conditions of thpolicy of health insurance covering the children in order to assure maximum reimbu ment or direct payment by the insurance company of the incurred hearth-careexpense, nduding but. not limited to requirements for advance notice to carder, second opinions, a the like. Each party Is ORDERED to attempt to use "preferred providers," or services M thin the health maintenance organization, if applicable; however, this provisions all not apply if emergency care Is required. Disallowance of the bill by a health Insurer hall not excuse the obligation of either party to make payment; however, if a bill is disalt ed or the,benefit reduced due to the failure of a party to follow procedures or requireme is of the carrier, that party shall be wholly responsible for the increased portion of that bi I. If health insurance coverage for the children is provided through a he lth maintenance organization (HMO) or preferred provider organization (PPO), the parts are ORDERED to use health-care providers who are employed by the HMO or approved by the PPO whenever feasible. If health-care expenses are Incurred by using that H A40 or PPO plan, CRAIG NORDSKOC is ORDERED to pay 50 percent and SUSAN: DI.EH -NORDSKOG is ORDERED to pay 50 percent of all- reasonable and necessary health re expenses -not paid by insurance and incurred by or on behalf of the parties' children; t eluding; without limitation, any copayrnents for office visits or prescription drugs, the ye fly deductible, if AGREED FINAL DECREE OF DIVORCE - Nordskog Page 22 I *;'??ftpaIt prescxiption drug, aentiiil??=da, ; p , ,yec; ?,e.. ,. ,., ... cat, and orthodontic charges,-for as" l. as._.;- diitd support op thalrnol .. t? able under d FdY ,; , ... the terms-of this decree. lf_a_party. Incurs health-caretexpenses for a' ild boy-using -the services- of health-care providers not employed -by'- the HMO or approv ed by the PPO, - - - except in an emergency, without the written agreement -of the other party, the party incurring the services is ORDERED to pay 50 percent and the other pa Is ORDERED to pay 50 percent of all reasonable and necessary health-care expe ses not paid by. insurance and incurred by or on behalf of the parties' children, as set out bove. If a party incurs health-care expenses for a child by using the services of health- re providers not employed by the HMO or approved by the PPO In an emergency or with the written agreement of the other party, the party incurring the services is ORDE RED to pay 50 percent and the other party is ORDERED to pay 50 percent of all reasonable and . necessary health-care expenses not paid by insurance and incurred by o on behalf of the parties' children, as set out above. If the children are enrolled in a health-care plan that is not an HMO o a PPO, CRAIG NORDSKOG is ORDERED to pay 50 percent and SUSAN DIEHL NORDSKOG is ORDERED to pay 50 percent of all reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf of the parties' children, i cluding, without dr ug, mental limitation, the yearly deductible, if any, and medical, surgical, prescript Fi health-care services, dental, eye care, ophthalmological, and orthodonti arges, for as long as child support is payable under the terms of this decree. Payment of Uninsured Exonses - IT IS ORDERED that the party who ays for a health- care expense on behalf of the children shall submit to the other party, in ten days of receiving them, all forms, receipts, bills, and explanations of benefits p Id reflecting the uninsured portion of the health-care expenses the paying party incurs n behalf of the children. IT IS FURTHER ORDERED that, within ten days after the onpaying party receives the explanation of benefits stating benefits paid, that party sh tl pay his or her share of the uninsured portion of the health-care expenses either by payin the health-care provider directly or by reimbursing the paying party for any advance pa Ant exceeding the paying party's share of the expenses. Excluslons - The provisions above concerning uninsured expens s shall not be interpreted to include expenses for travel to and from the health re provider or nonprescription medication. Reasonableness of Charges - IT IS ORDERED that reasonableness o the charges for health-care expenses shall be presumed on presentation of the bill to party and that disallowance of the bill by a health insurer shall not excuse that party's ob igation to make payment or reimbursement as otherwise provided herein. FINAL DECREE OF DIVORCE - Nordskog Page 23 :- sop mdn*r -T JS; ORDERED that a'party providing haait: , , `insurance sttarll- furnish to the other party and-the local domestic relations office the foilo ng Information no- later than-the-thirtieth day after the date, the notice of the rendition f this decree Is ceived:_ , , (a) the Social Security number of the party providing insuntn ; (b) the name and address of the employer of the party providi g insurance; ® whether the employer is self-insured or has health insuran available; (d) proof that health insurance has been provided-for the chRd en; and (e) the name of the health insurance carrier, the number of the licy, a copy of the policy and schedule of benefits, a health insurance membership card- aim forms, and any other information necessary to submit a claim or, if the employer is sel insured, a copy of.the schedule of benefits, a membership. card, claim forms, and any er information necessary to submit a claim. IT IS FURTHER ORDERED that any party carrying health insuran on the children shall furnish to the other party a copy of any renewals or changes to th policy no later than the fifteenth day after the renewal or change is received. IT IS FURTHER ORDERED that a party providing health Insurance shall provide to the other party and the local domestic relations office any additional info ation regarding health insurance coverage that becomes available to the party providing i surance. IT IS FURTHER ORDERED that the information shall be provided no later than he fifteenth day after the date the information is received. Termination or Lapse of Insurance - If the health insurance coverage for the children lapses or terminates, the party who is providing the insurance is ORDERED to notify the other party no later than the fifteenth day after the date of termination or lapse. If additional health insurance is available or becomes available to CRAIG NORDSKOG for the children, CRAIG NORDSKOG must notify SUSAN DIEHL-NORDSKOG and the local domestic relations office no later than the fifteenth day after the date the insu ante becomes available. CRAIG NORDSKOG must enroll the children in a health insurance plan at the next available enrollment period. Place of Transmittal - IT IS ORDERED that all bills, invoices, stet ments, claims, explanations of benefits, insurance policies, medical insurance identificat n cards,. other documents, and written notices, as well as payments, required to be tra smitted by one party to the other under the health-care coverage and health insurance p visions of this decree shall be transmitted by the sending.party to the residence of the ceiving party. WARNING - A- PARENT ORDERED TO PROVIDE HEALTH INSURANCE O FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSES OF THE CHILDREN, AGREED FINAL DECREE OF DIVORCE - Nordskog Page 24 WITHOUT :REGARD: TO -WHETHER Tim. ?EXPt ES WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED. The- Coudfinds.thatdRAIGNORDSKOGIsa-memberof the States Armed Forces and that the children of the marriage are eligible to receive hea care and other benefits as dependents of a United States Armed Forces member. T fore, CRAIG' NORDSKOG Is ORDERED to keep and maintain in. current status and d liver to SUSAN DIEHL-NORDSKOG the identification cards and any other forms necessa for the children of the marriage to be provided healthcare through, all facilities available t the children as dependents of a United States Armed Fords member. CRAIG NORDSK G is FURTHER ORDERED to provide to SUSAN DIEHL-NORDSKOG all additional veri ied applications for renewel of dependent Identification cards at least thirty da?ys_before th expiration-date of the identification cards, until the children are- no longer eligible for the a benefits. IT IS ORDERED that the child support as prescribed in this exclusively discharged in the manner ordered and that any direct SUSAN DIEHL-NORDSKOG to CRAIG NORDSKOG or any expe SUSAN DIEHL-NORDSKOG during SUSAN DIEHL-NORDSKOG's p of or access to the children - as prescribed in this decree, for food, shelter, or entertainment are deemed in addition to and not in lieu of the ; in this decree. IT IS ORDERED that the provisions for child support in this obligation of the estate of SUSAN DIEHL-NORDSKOG and shall not death of SUSAN DIEHL-NORDSKOG. Payments received for the from the Social Security Administration, Department of Veterans Affairs, agency, or life insurance shall be a credit against this obligation. OF DIVORCE Nordskog cree shall be ants made by is incurred by of possession gifts, travel, Mort ordered se shall be an urinate on the of the children er government Page 25 . Each party is ORDERED to inform the other party within twenty- . medical condition of the parties` children requiring surgical intervention, h both. Information Reciardlna Parties and Chlidren The information required for each party by section 105.006(a) of t Code Is as follows: Name: CRAIG NORDSKOG Social Security number: 077-66-9305 Driver's license number: 16631219 issuing state: Texas Mailing address: 99 Childress Street, Sheppard Air Force Bas Home telephone n ber. (940)855-7533 Name of employer: United States Air Force Address of employment: Sheppard Air Force Base, Texas, Work telephone number: (940)676-2777 Name: SUSAN DIEHL-NORDSKOG Social Security number. 199-62-3653 Driver's license number 22656603 Issuing state: Pennsylva Current residence address: Mailing address: Home telephone number: Name of employer. United States Air Force Address of employment: Work telephone number: Name: BRITTNEY-MARIE A. NORDSKOG Social Security number. 628-50-9721 Driver's license number. None Current residence address: . 99 Childress Street, SAFB, Tex Home telephone number. (940)855-7533 Name of employer none OF DIVORCE - Nordskog e Texas Family TX 76311 Page 26 .. Name: SAVANNAH L. NORDSKOG ' Social Security number. 627-64-6904 Drivers license number: None Current residenmaddress: _ _ _ 99 Childriss fteet,_ SAFE, Home telephone number: (940)855-7533 Name of employer: none EACH PERSON WHO JS APARTY TO THIS ORDER IS ORD, 1 ?IACH OTHER PARTY, THE COURT, AND. THE STATE CASE REG CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAIL HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF INFORMATION TO EACH OTHER PARTY, THE COURT, AND TH REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTEND THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS OR NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE PARTY KNOWS OF THE CHANGE. THE DUTY TO FURNISH THIS INFORMATION TO EACH OTH COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG A BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY C17 OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. FAILURE BY A PARTY TO OBEY THE ORDER OF•THIS COUR? EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGIS CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHF TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TC A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JU PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. NOTICE SHALL BE GIVEN TO THE OTHER PARTY BY DELIVERII THE NOTICE TO THE PARTY BY REGISTERED OR CERTIFIED 0 RECEIPT REQUESTED. NOTICE SHALL BE GIVEN TO THE COURT B A COPY OF THE NOTICE EITHER IN PERSON TO THE CLERK OF THE REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE CLERK. Na GIVEN TO THE STATE CASE REGISTRY BY MAILING A COPY OF TI STATE CASE REGISTRY, CENTRAL FILE MAINTENANCE, P.O. BOX 1 TEXAS 78711-2048. WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDI SUPPORT OR FOR POSSESSION.OF OR ACCESS TO A CHILD M1 FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING C AGREED OF DIVORCE Nordskog D TO NOTIFY 'TRY OF ANY IG ADDRESS, MPLOYMENT, 'HE PARTY IS iE REQUIRED STATE C SE CHANGE IF E CHANGE IN RED TO GIVE E DATE THAT R PARTY, THE ANY PERSON, ILD SUPPORT TO PROVIDE RY WITH THE I LITIGATION , FINDING OF SIX MONTHS, 1GMENT FOR 3ACOPY OF AIL, RETURN DELIVERING OURT OR BY ?E SHALL BE NOTICE TO 348, AUSTIN, R FOR CHILD Y RESULT IN ?NTEMPT OF Page 27 ?COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFIN MENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $800 FOR EACH VI0 ,T ION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND C URT COSTS. -- , FAILURE-OF A PARTY TO.MAKE ACHILD. SUPPORT PAYMENT' . O_THE PLACE AND IN THE MANNER REQUIRED BY. A COURT ORDER MAY R SULT IN THE PARTY'S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT. FAILURE OF APARTY TO PAY.CHILD SUPPORT DOES NOT JU FY DENYING. THAT PARTY COURT-ORDERED POSSESSION OF OR ACCES''S TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY. Division of Marital Estate The Court finds that the following Is a just and right division of the.parties' marital estate, having due regard for the rights of each party and the children of he marriage. IT IS ORDERED AND DECREED that the husband, CRAIG NORDSKOG, is awarded the following as his sole and separate property, and the wife i4 divested of all right, title, interest, and claim In and to that property: 1. All household furniture, furnishings, fixtures, goods, art obj s, collectibles, appliances, and equipment In the possession of the husba d or subject to his sole control. 2. All clothing, jewelry, and other personal effects In the possession of the husband or subject to his* sole control. 3. All sums of cash in the possession of the husband or sub ect to his sole control, including funds on deposit, together with accrued but npaid interest, in banks, savings institutions, or other financial Institutions, ich aooounts stand in the husband's sole name or from which the husba d has the sole right to withdraw funds or which are subject to the husband sole control. 4. All right, title, and interest in and to that portion of the United tates Air Force disposable retired pay to be paid as a result of CRAIG NORO KOG's service in the United States Air Force not awarded to SUSAN DIEH NORDSKOG. ED FINAL DECREE OF DIVORCE - Nordskog Page 28 1 5. The 1998 Dodge Pickup : rnotor vehicle, vehicle iden ' cation number 3B7HC1346WG169123, together with all prepaid insuran , keys, and title documents. EM02 ty to Wife• IT IS ORDERED AND DECREED that the wife, SUSAN DI Js awarded the foiloiking as her sole and separate property, and the husba d is divested of all right, title, interest, and claim in and to that property: 1. The following furniture, furnishings, fatures, goods, art obj , collectibles, appliances, and equipment: Collector Plates, Fish Tank, Collectible Figurines, TV and VCR, Dinner Plates (White), Telephone and Answering Machine, Computer Desk (small), Lawn Mower, Weed Eater, Rakes, Shovels, Cedar Chest, Baby Crib and Rocking Chair. 2. All clothing, jewelry, and other personal effects in the pose i"on of the wife or subject to her sole control. 3. All sums of cash in the possession of the wife or subject to including funds on deposit, together with accrued but us banks, savings institutions, or other financial institutions, stand in the wife's sole name or from which the wife has withdraw funds or which are subject to the wife's sole conl 4. All right, title, and interest in and to that portion of the Unit States Air Force disposable retired pay to be paid as a i DIEHL-NORDSKOG's service in the United States United not awarded to CRAIG NORDSKOG. 5. The 1993 Mercury Cougar motor vehicle, vehicle 1 MEPM624XPH678335 together with all prepaid Ins documents. FINAL DECREE OF Nordskog sole control, I interest, in ch accounts sole right to States United ult of SUSAN ates Air Force ation number keys, and title Page 29 to Husband IT IS ORDERED AND DECREED that the husband, CRAIG NORD KOG, shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items 1. The balance due, including principal, interest, and all other charges, on the promissory note payable to Chase and given as part of the purchase price of and secured by a lien on.the 1998 Dodge Pickup motor ehicle awarded to the husband. 2. Any and all debts, charges, liabilities, and other obligation incurred solely by the husband from and after December 22, 1999 unless a press provision is made in this decree to the contrary. Debts to Wife, IT IS ORDERED AND DECREED that the wife, SUSAN pay, as a part of the division of the estate of the parties, and shall Ind husband and his property harmless from any failure to so discharge, 1. Any and all debts, charges, liabilities, and other obligai by the wife. from and after December 22, 1999 unless made in this decree to the contrary. Notice. IT IS ORDERED AND DECREED that each party shall send to within three days of its receipt, a copy of any correspondence from a t authority concerning any potential liability of the other party. Attomey's Fees, To effect an equitable division of the estate of the parties and a FINAL DECREE OF DIVORCE - Nordskog 2DSKOG, shall fy and hold the e items: incurred solely :ss provision is other party, or or taxing a part of the Page 30 division, and for services rendered In connection with conservatorship children, each party shall be responsible for his or her own attorney's result of legal representation In this case. Undisclosed,Divis(Qn of Liabilities IT IS FURTHER ORDERED AND DECREED, as a part of the divis of the parties, that any community liability not expressly assumed by a decree is to be paid by the party incurring the liability, and the party incu shall indemnify and hold the other party and his or her property harmless to so discharge the liability. IT IS ORDERED AND DECREED that costs of court are to be who incurred them. Without affecting the finality of this Final Decree of Divorce, this reserves the right to make orders necessary to clarify and enforce this Relief Not Granted IT IS ORDERED AND DECREED that all relief requested in 44ort expressly granted is denied. Date of Judgm nt < y ?dr Gl o S /P#u Ae J SIGNED on June 19, 2000. PRESIDING OF DIVORCE - Nordskog. I support-of the as Incurred as ...a of the estate rty under this the liability any failure by the party expressly case and not 446 of moo! ?b -??l Ot+?, Page 31 APPROVED AS TO FORM ONLY: Eleanor B. Bibb 90Q 8th Street, Ste. %00 Wichita Fak riikas 76301 (940) 761-1777 (940) 7&t-1779 By: ElWnor B. Bibb Attorney for Petitioner State Bar No. 00228880 APPROVED AND CONSENTED TO AS Tp BOTH FORM AND SUBSTANCE: FINAL DECME OF DIVORCE - Nordskog Page 32 i EXH031717 "Z" . .. (Bffaeseive 1-5-99) "ili fir !w!i WtGE A OQUt 1'Y FMM OF TEM GOMT /?QOE1l '. FA13diE.Y C to moo* tea iEe?oe`-° ' -ale es It Odd W p?gaodmt ofe Cd . Suppoet.?,t Eft- it o* a er a oo j?u sdiaion of CHs Court io aoooedaaoe tltie pro s of Cbipters 202 rand 203; Tam Ft Code. Maw wommy. tht V iasd of the Court is sutbocmed to refer ee6oroetssat to its tu!€' ' or to Attorsior Ad Lkem appoiehtod by.the Court as the, situation requires. The Feud of t e Caart maktain-a fisting of sictocoeys' to reodva odtat appoiotment% and vrbwA er the situation in a> case, an appdMmerrt, s1+n11 reet those names in equal rotation to die appointing Courts for assignmaut to 't the ebild(rea) in Chas of & Fc?end of t e, Cohost. Attorwo sd Lkew reputing diildcecc under the Jurisdiction of this Court dud have folk wing eights and powers: 1. Have comp4et S&M to aft Moords of the Mend of the Court and C kxk of the Court the chIldren who are the i*o.d of ft: wit. 2. MMonit4e peei6& payment's of ddtd support is cow&nad= wM the Ftnad of eb?e . .3. LhWtdc'W pcinwtc on beWof the dddmo, anyand all Motions and authorized pumumt to Inds Sk& dtk C. Chapter m% of tie TepwBaWy Code and Say other necessary provided by law.a p iast any or all conservators of the ehu'ldrea or other persons as way be appropriate and to best interest of the children, to eaforce. da*. or modify child support and fee payment orders of ids Court . 4. Contract with ttte Friead: of the Court for payment of Afton sey fees and of costs and eupeom necessary to enforce, duify. or modify dnild support and foe paysmat orders ofthis S. Prepare attd perfect a Child Support Liea as provided in Sections 157.313-1 S7.326. Torras Family Coda AA Atha Ad Chem appcWWd by this. Court shall continue, to serve uAO the adios for ' wdw has bow retained bas been oomdeted, -aetiy appeds VM& a4t ba pcosoouted as a remit Upon the . kWpma* beoom4 Got do Ad t item s ppointmsa shit tecmtrnte whbart fiurtliee ofta Court and t6a Attiomy hs dchwipil f9bm>Aafhec eapoeadtiiGt with to ulna ehtdrea.. '[ [ic Feina¢ of : Cow dan therer ectierce the a qe etve to monitor the Order for purposes ofoompleam and Act Attorney Ad. Litm vAio h swpWAc d or cease: to practice law. or woo determines baMw has a oonl t of idtaiat rirfnch Peal a R> repc+eaattattoa.of this duidc?ea, sons imme?dOty notid?r Friend of the Court and the Court ofeon6ada? on of tha dnam>:Abm so that a wbstletrGa era be, sppoiMed to coadane the acdm on bdk&oftbe dn?lm All Aftormys Ad Litem'appolnted to assist di F of the,Conttt Save It the, ace A*n d'rscxe,tioa of the appointing Cant. and racy be removed or replaced at any d by fiudw order of the Caret. .5?:!7W7 Rip; Ck +J/: '16t S?1/belat Oeata SL /CAC •' r. - e.:c C•- +EIR !fie ?1 *Ad fm Ls Vat 3*MZ av- IM. 0.6 I$. Tana, U ft,_ &-ty 01=1Z TI-Al- M-k Draw of Courts co 1 %Aft cot,::. ??LlY1CQ,af? 91/19/2907 94:36 2106790597 SUSAN CRISSON, Plaintiff V. CRAIG NORDSKOG, Defendant JASMINE FINE JEWELRY PAGE 10/14 3 rrA Dc 4?j ( 7 il0 Y SE? 0 9 luudq 443 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5207 CIVIL ACTION - LAW IN CUSTODY TEMPORARX CUS'T'ODY ORDER AND NOW, this day of , 2008, upon consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. The Custody Conciliation Conference scheduled for September 9, 2008 at 9:30 a.m. is hereby continued until October 9, 2008 at 8:30 a.m. 2. Pending further Order of Court or agreement of the parties, Mother, Susan Crisson, ihall have sole legal custody of Brittany Marie Nordskog, born September 23, 1995 and Savannah Nordskog, born September 10, 1998. 3. Mother shall have primary physical custody of the children. 4. ' Fathcr shall have periods of partial physical custody of both children on September 10 and September 23, 2008 from 6:00 p.m. to 9:00 p.m. Father shall have additional periods of partial physical custody as agreed by the parties. 5. Neither party may remove the children from the jurisdiction of Cumberland County, Pennsylvania without prior Order of Court of the Court of Common Fleas of Cumberland County, Pennsylvania. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for October 9, 2008 at 8:30 a.m. 01/19/2007 94:35 2106790597 SUSAN CRISSON, Plaintiff V. CRAIG NORDSROG, Defendant PRIOR JUDGE: None JASMINE FINE JEWELRY PAGE 11/14 C"1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5207 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION 5UMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1: The pertinent information concerning the Children who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany Marie Nordskog September 23, 1995 Mother Savannah L. Nordskog September 10, 1998 Mother 2. A Conciliation Conference was held in this matter on September 9, 2008, with the following in attendance: The Mother, Susan Crisson, with her counsel, Tabetha Tanner, Esquire. Father, Craig Nordskog, although advised of the conference, did not appear. Father's Texas attorney, Joti R. Disrud, Esquire contacted the conciliator on Septcmber 8, 2008, in effect seeking a continuance. 3. In light of the request for continuance on behalf of Father, and the need for a temporary order requested by Mother, the Conciliator recommends an Order in the form as attached. -a Q - Date acq line M. Verney, Esquire Date Custody Conciliator 01/19/2007 04:36 2106790597 JASMINE FINE JEWELRY PAGE 12/14 9?ti3 BY THE COURT, J. cc: Tabetha Tanner, Esquire, Counsel for Mother Craig Nordskog, pro se 1420 Creek Noll San Antonio, TX 78232 i k CERTIFICATE OF SERVICE AND NOW, this September 29, 2008, I, Jane Adams, Attorney for Craig Nordskog, hereby certify that a copy of the PRELIMINARY OBJECTIONS has been forwarded to the following parties, by placing such in the custody of the United States post office, regular mail, addressed to: Tabetha Tanner, Esquire 1300 Market St., Suite 10 Lemoyne, Pa. 17043 ATTORNEY FOR MOTHER ie Adams, Esquire . No. 79465 '17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT i M ? ,Z t.` ? ?) y?`.7 "?"? ' _ t ? ? ? ,? ...1 t • OCT 0 8 20080, SUSAN CRISSON, V. CRAIG NORDSKOG, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5207 CIVIL TERM Defendant : IN CUSTODY ORDER AND NOW, this Y' day of 6649?6c,_ , 2008, after reviewing the Preliminary Objections filed by Defendant, a Rule to Show Cause is issued upon the Plaintiff. Such Rule is returnable in is- days. The Order entered September 11, 2008 is now VACATED. cc: /Jane Adams, Esquire JTabetha A. Tanner, Esquire QJ' Carl" ek%a'[ r i BY THE COURT: cis '_ -,_' ' ?. lJ ?, rT it LL.) 4--- (7 ? C? C-i TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff SUSAN CRISSON, § Plaintiff § V. § CRAIG NORDSKOG, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY/VISITATION NO. 08-5207 CIVIL TERM PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT FOR CUSTODY AND NOW COMES, Plaintiff, Respondent, Susan Crisson, by and through her attorney, Tanner Law Offices, LLC, and respectfully represents the following in response to Defendant, Petitioner's Preliminary Objections to Complaint for Custody: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is admitted that Defendant was served with a copy of the Custody Complaint on September 7, 2008 by the local police department as Defendant attempted to physically force his children into his vehicle against their will. It is denied that Defendant requested a continuance so that he could retain an attorney in Pennsylvania. Specifically, Defendant requested that the conciliation be rescheduled from 9AM to 10:30AM when his Texas attorney (who is not licensed in Pennsylvania) could appear on his behalf via telephone (Exhibit "A"). 6. Admitted. Answering further, as Defendant's attorney is not licensed in Pennsylvania, Defendant, who had actual notice of the conciliation and could have appeared at the conciliation as he was in Pennsylvania, was treated as pro se and the conciliation was properly held even though he voluntarily chose not to participate. 7. Admitted in part. Denied in part. It is admitted that the September 11, 2008 Order entered by Cumberland County was entered without a hearing and without the consent or input of Father. Answering further, Father had knowledge of the conciliation date and could have given his input by attending the conciliation for which date and time he was provided sufficient notice. It is denied that the Texas Order was in effect after the entry of the September 11, 2008 Order. 8. Admitted in part. Denied in part. It is admitted that Father was deployed to Iraq in February 2008. It is denied that Father had primary custody of the children in Texas at all times prior to February 2008. The Defendant and the children moved to California in June 2003. The children then lived with their mother in Washington, D.C. in August 2003 with the intention of completing their school year with Plaintiff in Washington D.C. During this time, the Defendant lived in California. At the end of December 2003, Defendant took the children (against the agreement that the children would attend school in Washington, D.C. for the 2003-2004 academic year - disrupting any stability the children had, yet again), to California. The children remained in California until June 2004 (making California the children's home state in 2004). The children resided in California until the Defendant took the children without Plaintiff's knowledge or consent to his deployment in Thailand in June 2004. He took the children to Thailand during Plaintiff's summer visitation time with the children in 2004 as set forth in the Texas Order. (He told Plaintiff that he would not be deployed until July 2004 and provided her no notice that her children would be leaving - in fact, it is Plaintiff's assertion that he left early to California to avoid the hearing in Monterey, California for July 15, 2004). While the children did eventually return to the United States, the Defendant lived in Thailand from June 2004, all of 2005, 2006, and a majority of 2007. In late August 2007, the Defendant purchased a home in San Antonio Texas. After the children's summer visitation with Plaintiff, the children went to Texas in late August 2007 and remained there until February 10, 2008, when the children returned to live with the Plaintiff during Defendant's next deployment. The children did not reside in Texas for six months during August 2007 and February 2008. Texas has not been the home state of the children since June 2003. 9. Denied. In August 2008, the children were visiting the paternal grandparents in North Carolina but were by no means "residing" with the paternal grandparents, nor had the grandparents been given any custodial rights other than a mere familial visitation. 10. Admitted in part. Denied in part. It is admitted that Plaintiff picked the children up from the visitation with their grandparents in North Carolina. It is specifically denied that in doing so she violated any court Order. At this time, Defendant was still deployed to Iraq, the grandparents had not custodial rights to the children, and Plaintiff had specific custody pursuant to the July 19, 2000 Order as well as the Power of Attorney executed by Father (Exhibit "B") 11. Admitted in part. Denied in part. It is admitted that on September 7, 2008, Father went to Mother's residence and requested that the children be returned to him. It is denied that Plaintiff kept the children locked inside the house. Rather, Plaintiff told Defendant that the children had expressed their desire to remain with Plaintiff in Pennsylvania. Mother had therefore filed for custody in Pennsylvania. Father stated that he needed to hear his children's desires to remain in Pennsylvania directly from them. The children came outside and told Defendant that they wanted to stay in Pennsylvania with their mother. At this point, Defendant took hold of the children's arms and attempted to physically force the children into his car. At this time, the police were called, Defendant was given a copy of the Complaint and Order for the conciliation on September 9, 2008. 12. Admitted in part. Denied in part. It is admitted that when Father tried to physically take the children against their will, the parties' daughter, Brittney, called the police. It is admitted that the police told Father that he would return home without the children. It is denied that Mother attacked Father. 13. Admitted. 14. Plaintiff is without sufficient information or belief to respond to this statement. 15. No response is required. 16. a. Admitted. b. Denied. Plaintiff asserts that Pennsylvania is the proper forum in which to bring a custody modification as Pennsylvania is the home state of the children and Texas, under its own laws, does not have exclusive, continuing jurisdiction. C. Denied. While there is a pre-existing Order in Texas, Plaintiff asserts that Texas no longer has jurisdiction over this matter and therefore Pennsylvania, as the home state of the children, is the proper venue for bringing a custody modification matter. d. Denied. Father was deployed to Iraq and did not attempt to see and/or pick the children up until September 7, 2008 (even though he states that he was in North Carolina in August). At this time, Father was permitted to see the children until he attempted to force them into his vehicle. Mother properly filed a Custody Complaint and provided Father with notice of a conciliation to be held 2 days after his initial visit with the Children. Said custody Order provided Father with visitation with the children on September 10, 2008 and September 23, 2008. A second conciliation was scheduled for October 9, 2008 to permit Father time to obtain an attorney and meaningfully participate in the custody action. Father chose not to exercise his visitation on September 10, 2008, September 23, 2008 and filed documents with the Court to cancel the conciliation scheduled for October 9, 2008. Answering further, Father provided Mother with a Power of Attorney granting her primary custody of the children until he returned from his deployment. The September 11, 2008 Pennsylvania Order superceded the Texas Order as well as the Power of Attorney. e. Denied. As Texas no longer has jurisdiction over this matter, Texas cannot transfer jurisdiction. Mother is not attempting to forum shop. Pennsylvania is the home state for the children and Texas no longer has jurisdiction over the primary custody ("Managing Conservatorship") ofthe children, thus Pennsylvania is the proper forum in which to bring this action. 17. a. Admitted in part. Denied in part. The pertinent section from 23 Pa.C.S. §5406 is admitted. It is denied that Pennsylvania does not have jurisdiction. It is denied that Father was not given adequate notice. Father was served on September 7, 2008, had sufficient time to contact his attorney in Texas to write a letter to request that the conciliation be held 1'/z hours after the scheduled time, and Father was in Pennsylvania and had the opportunity to attend and participate in the conciliation. It is denied that the September 11, 2008 Order was entered without Father being given an opportunity to be heard. Answering further, Father had a copy of the Complaint and Conciliation date. Father was in Pennsylvania. Father voluntarily chose not to be heard at the custody conciliation. b. Denied. 23 Pa.C.S. §5421 states under section (2) that a court of this Commonwealth has jurisdiction to make an initial custody determination only if (under section 2) "a court of another state does not have jurisdiction under paragraph (1) " (relating to the child's home state) "or a court of the home state of the child" (in this case Pennsylvania) " has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under section 5427 ..." (Emphasis added). The children are present in the Commonwealth and have been so for at least 6 months. Therefore, Pennsylvania is the home state and Pennsylvania has jurisdiction to make an initial custody determination. C. Denied. 23 Pa.C.S. §5421 (3) states that a court of this Commonwealth has jurisdiction to make an initial custody determination only if "all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under section 5427 or 5428. While a court in Texas has not made such a determination on this particular case, Allison v. Allison, 3 S. W. 2d 211 (Tex. Ct. App. 1999) states in pertinent part: "when the child has resided in another state for the six months prior to the proceeding, the other state has become the new `home state' and Texas no longer has jurisdiction over custody ..." As Texas has already made this determination, Texas has, in effect, declined jurisdiction. As Pennsylvania is the home state of the children and Texas does not have jurisdiction over the custody of the children, Pennsylvania is the only appropriate forum in which to bring this action. In fact, in 2004, when Father was living in California and absconded with the children to his new military station in Thailand, Mother contacted attorneys in Texas to enforce the Texas Order providing her with summer vacation with the children, the Texas attorneys could not help her because by their assessment, Texas no longer had jurisdiction, and therefore the case should proceed in California. (See page 7 - July 8, 2004 transcript Superior Court of California - Exhibit «C» d. Denied. Section 5423 states that Pennsylvania may not modify a custody determination made by a court of another state unless (1) Pennsylvania has jurisdiction to make an initial determination under section 5421(a)(1) or (2) and (1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under section 5422 or that a court of this Commonwealth would be a more convenient forum under section 5427 or (2) a court of this Commonwealth or a court of the other state determines that the child, the child's parents and any other person acting as a parent do not presently reside in the other state. Answering further, as Pennsylvania was the children's home state on the date of the commencement of the proceedings, Pennsylvania has jurisdiction under 5421(a)(1). Under Allison v. Allison, Texas does not have exclusive, continuing jurisdiction. Finally, on the date of commencement of the proceedings, Father was residing in Iraq through his military Orders and no party to this action was residing in Texas. Thus, Pennsylvania is the only appropriate and/or convenient forum in which to bring this action. e. Denied. Section 5424 deals with temporary emergency jurisdiction, not notice. Answering further, Section 5425 does require notice and an opportunity to be heard with the standards of section 5408 which states ... "Notice must be given in a manner reasonably calculated to give actual notice..." As stated above, Defendant was given actual notice via personal, hand delivery of the Custody Complaint and conciliation date, by the local police on September 7, 2008. At this time, Defendant was in Pennsylvania, at the home of the Plaintiff. It is admitted that the proceeding was ex parte, however, that was solely due to Defendant's refusal to appear, even though he had actual and adequate notice and an opportunity to be heard at the custody conciliation on September 9, 2008. Father cannot say that because he chose not to attend, that he was not given the opportunity to do so. f. Admitted. g. Admitted in part. Denied in part. The pertinent sections of Section 5428 are admitted. It is specifically denied that Mother has engaged in unjustifiable conduct. Mother initiated the proper proceedings in the proper state in her efforts to modify the Texas custody Order. This is no different than parents in Pennsylvania filing a custody modification because circumstances have changed and/or the current order is not working. As stated above, Texas does not have exclusive, continuing jurisdiction, both based on Pennsylvania's version of the UCCJA as well as under Texas law. Thus, Pennsylvania is the only forum in which to bring this action. WHEREFORE, Respondent request that this Honorable Court deny Petitioner's Preliminary Objections, reinstate the Order of September 11, 2008 to allow the children to go to school without fear of being abducted by their father, and accept jurisdiction of this matter to allow it to move forward. Respectfully submitted, DATE: / a $ ya&a6z. N /a"Zl t Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff 99l,Id9f 216UU b 1: 34 g;GRgn,? rl?srr.rrl Stealing Bank Building 13750 SAN PEDRO AVENUE, SUITE 290, SAN ANTONIO, TEXAS 78232 T=IE'>1TONB (210) 4954-BM * FACSIMILE (210) 494-OW September 8, 2008 Cumberland County Courthouse Attn: Jacqueline M. Verney, Esq., Custody Conciliator. 1 Courthouse Square Carlisle, Pennsylvanla 17013 By Fax: (717) 243-3518 Re: Susan Crdason v. Craig Nordskog. Cause Number 2008-520.7 in the Court of Common Pleas of Cumberland County, Pennsylvania.. Dear Ms. Verney; I have been retained to represent Craig Nofdakog in the above matter, Please be advised that Texas is the state of original jurisdiction over the children and parties in this matter. I object to the setting of court hearings in Pennsylvania, but I will parlicipate in an Informal mediation process. The children's father, Craig Nordskog, was on Temporary Duty in Iraq as a result of his military duties. The children were to be returned to Craig Nordskog upon his return. Please r to Page a of the Final Decree of Divorce. Additionsly, Crag Nordskog Is covered under the Service Members Civil Relief Act and is entitled to a 90 day continuance. I have a hearing set in court at 9:30 a.m, EST tomorrow morning, but i am available for a telephone conference when I return to my office at about 10:30 a.m. EST. I appreciate your assistance and cooperation with this matter. Please do not hesitate to contact me if further discussion is needed. ]RD/veh !1 (14:13518 JVtld?LY 02; A...d p.m. 09-09-20M THE LAW OFFICES OF DISiRUD & GARCIA Exhibit "A" NA(at b1 2 /2 SPECIAL POWER OF ATTORNEY THIS IS A MILITARY POWER OF ATTORNEY PREPARED AND EXECUTED PURSUANT TO TITLE 10, UNITED STATES CODE, SECTION 1044B, BY A PERSON AUTHORIZED TO RECEIVE LEGAL ASSISTANCE FROM THE MILITARY SERVICES. FEDERAL LAW EXEMPTS A MILITARY POWER OF ATTORNEY FROM ANY REQUIREMENT OF FORM, SUBSTANCE, FORMALITY OR RECORDING THAT IS PROVIDED FOR POWERS OF ATTORNEY BY THE LAW OF ANY STATE, COMMONWEALTH, TERRITORY, DISTRICT, OR POSSESSION OF THE UNITED STATES. FEDERAL LAW SPECIFIES THAT A MILITARY POWER OF ATTORNEY SHALL BE GIVEN THE SAME LEGAL EFFECT AS A POWER OF ATTORNEY PREPARED AND EXECUTED M ACCORDANCE WITH THE LAWS OF THE JURISDICTION WHERE IT IS PRESENTED. KNOW ALL PERSONS, that I, CRAIG A. NORDSKOG, a legal resident of Texas and presently residing at 1420 CREEK KNOLL SAN ANTONIO, TX 78253, desiring to execute a SPECIAL POWER OF ATTORNEY, do hereby appoint SUSAN CRISSON whose address is HARRISBURG, PA, as my Attorney-in-Fact to act as follows, GRANTING unto my said Attorney full power to: Take temporary custody of my child(ren) and maintain and care for my child(ren) in my absence for any reason and exercise all legal rights in connection with the maintenance and care of said child(ren), to the same extent as I could until such time as I can return and resume my normal parental duties. Also, authorize and execute consent for any and all medical and hospital care and treatment, including major surgery, deemed necessary by a duly licensed physician selected by my Attorney-in-Fact for the health and well-being of my child(ren). This power applies to the following children: Name of Child Date of Birth BRITTNEY A. NORDSKOG 23 SEP 1995 SAVANNAH L. NORDSKOG 10 SEP 1998 TERMINATION: This Power of Attorney shall become null and void the 24m day of January, 2009 unless I should become incapacitated; in that case, it shall remain in effect until revoked by me. Notwithstanding my insertion of a specific expiration date herein, if on the above specified expiration date I shall be, or have been, carried in a military status of "missing," "missing-in-action," or "prisoner of war," then this power of attorney shall automatically remain valid and in full effect until sixty(60) days after I have returned to United States Military control following termination of such status. IN WITNESS WHEREOF, I have hereunto set my hand this 240i day of Jan 008. CRAIG A. ORDSK G With the Armed Forces at LACKLAND, United States On this 240i day of January 2008, I, a paralegal, authorized the general powers of a Notary Public under the provisions of Title 10, United States Code, Section 1044a, certify that the person whose name is signed to this instrument is within the class defined by Title 10, United States Code, Section 1044, did personally appear before me and, after the contents of this instrument had been read and explained, did sign this instrument and acknowledge doing so freely and voluntarily for the uses, purposes, and considerations set forth above. c r ?M t" /(J`'• AL PO1'.:R _', A HAWNE ASHAY. BURR, SSGT,37TRW/JA, USAF, or G uNITEO STATc 77 co;au? IkI0 a? r,IgL; 40TA A y Exhibit "B" r 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 SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY HONORABLE JOHN M. PHILLIPS, JUDGE In re the Matter of: SUSAN CRISSON, VS. CRAIG NORDSKOG, Petitioner, Respondent. Transcript of Proceedings Courthouse, Monterey, California July 8, 2004 Appearances: For the Petitioner: Fischer, Norris & Schrader, LL-' BY: GEOFFREY A. NORRIS, ESQUIRE For the Respondent: KATHERINE J. DORSET, ESQUIRE ANNE M. HALL, CSR 4942 No. M69841 1 Exhibit "C" 2 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 P R O C E E D I N G S THE COURT: Where are we on the Crisson- Nordskog matter? MR. NORRIS: I believe that's ready, your Honor. Geoffrey Norris appearing with the petitioner, Susan Crisson, who is present in court. THE COURT: Good morning. Now, this -- MS. DORSET: Katherine Dorset making a limited appearance. THE COURT: This has some interesting appearances. Your client is here from where? MR. NORRIS: Virginia, your Honor. THE COURT: Virginia. Enforcing a Texas order. MR. NORRIS: Correct. THE COURT: But that Texas order does give her summer visitation. So the Texas order is good whether, you know, the question is whether we have jurisdiction to modify. - We certainly have the jurisdiction to enforce the Texas order on it. I'm not sure F his request for 90 days the way it's couched is good. So what about her rights in the Texas order to having visitation? You say there is no problem with that, she has to go to Thailand. 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 MS. DORSET: The order is she pick up from his residence. That's what it says in the order. THE COURT: Did he ever notify her that he was leaving for Thailand with the children? MS. DORSET: Oh, yes. In fact, almost a year ago they signed diplomatic passports. As recently May 21, 2004 he sent her the whole information concerning his address, the kids' e-mail number and where he could be reached in Bangkok. I provided a copy of this to Mr. Norris. The rest of the documents are on a slow boat to Bangkok and we're unable to get those. That's one of the problems. THE COURT: Wouldn't it make sense, though, wasn't she on her way out here about the time -- wouldn't.it have made sense that she would have got out here right away if she had any idea he was leaving with the kids to Thailand? I mean why would she come out here? And then put herself through the situation of coming out to California -- just to get ready to take a trip to Thailand so they -- she gets the kids on a plane and flies them back from Thailand? MS. DORSET: Your Honor, I can't understand what Ms. Crisson's motives were. All r understand I have seen an e-mail dated May 21 that was -- that was purportedly sent to her notifying her of .the address change. I also received -- 3 MR. NORRIS: I'm going to object to that. First of all, she's mischaracterizing what that e-mail says. I need to be heard when she's done. MS. DORSET: Anyway, the e-mail notifying of the address and my understanding was that this move was planned for a long time. The actual specifics of when everything was told, I haven't been provided all of those specifics. And communication has been very difficult because he is in Bangkok. We tried to do what we could. He's -- he's totally willing for her to follow the court's order in Texas which is she picks up from his residence. The -- THE COURT:, And he'll pay for the children flying back to Thailand? MS. DORSET: He pays, I believe the: order is he picks up at her residence at the conclusion of the summer, although I'm not clear on that. I could review that. THE COURT: Does this make any sense at all -- these people will have to go to the expense, they get military flights for the children? MS. DORSET: I don't know what THE COURT: Are you military? MS. CRISSON: Yes, I am. MS. DORSET: And likewise he is. I am -- to be honest, your Honor, I don't know what, the flight situation. I only know what the Texas 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 4 . f 5 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 order did say was that she pick up at his residence no matter what the geographical location. In the order, it makes reference, they're both in the military and it makes specific reference to temporary duty assignment and permanent duty assignment. This is a permanent duty assignment in Bangkok. They've been aware of this for over a year because she had the diplomatic passports for the kids. So, I don't know why they brought it here in Monterey. His home state as I understand is still Texas. He's a military person. That's his home state. So I don't know why we're here. We're certainly -- he's certainly, according to the e-mail I just received this morning that I got a copy, the copy I received from them, he did tell her that they're free to be picked up there. She just said no, you have to bring them to Monterey. "- And that's where they are today. THE COURT: From a practical matter, if you're in the same situation she was, your kids are in Thailand, they say come get them and economically on it, would that even in your opinion be anticipated when they entered into this agreement? MS. DORSET: Yes, it was anticipated and if 6. 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 you read the Texas agreement, I never read an agreement like the Texas order. MR. NORRIS: First of all, she was pro per when she signed the agreement and some of the stuff she didn't understand. I don't want to get into the details of that. The e-mail that counsel referenced, there's never been a date other than what he's told her he represented it was going to be, July 15. If you look at what we filed, we registered this thing in May. He sent her an e-mail around May 19, what are you doing. Obviously he knew something was up. Jack Stern tried to serve him six times. He was evading service. He pulled the kids out of,_school two days early.. He knew that she was not going to be out here until later on for this court hearing. He knew we were filing this motion. And I wonder how much information he had from counsel because there is an e-mail talking about venue to my client from I believe it was in May. MS. CRISSON: May 26. MR. NORRIS: May 26. So he misrepresented to her what was happening here. He lied about his departure date and pulled the kids out of school. He's an officer, doesn't have to pay for flights over there if he has orders, and she 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 doesn't even have a passport. Now, he also knew she objected to the move to the Philippines. His girlfriend is -- excuse me -- Thailand. His girlfriend is from Thailand. He knew that we were filing this motion. And that's our position. And instead of misleading her to the July 15 date is why she wasn't out here sooner. And counsel THE COURT: It appears to me that she got suckered on the thing and if she had any idea this was happening, I think she would have been out here sooner. She came out to try to enforce it. The question is we have to explore legally what I have a right to do since it looks like we're seeking a modification that may change it, modification versus enforcement of an out-of-state order. MR. NORRIS: Your Honor, they've been -- they have been residents of Monterey County 8 out of the last 12 months. They have not resided in Texas for over a year. So she contacted Texas F attorneys to enforce the Texas order. They told her you've got to go to California because Texas doesn't have jurisdiction any more. And under the UCCJEA -- THE COURT: How old are the children? MR. NORRIS: 5 and 8, your Honor. 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 THE COURT: Is there any reasonable alternative of him getting the children back here? MS. DORSET: I think he's tried that. My e-mail, my understanding was he was willing to pay for the-trip one way out here. And so, I haven't been contacted by Ms. Kelly. I don't know what's going on except, you know, allegations being made that he hasn't had a chance to defend. THE COURT: He's requesting a 90 day .continuance. I don't think that the way it's couched, I don't think that's going to timely answer it in 90 days. I think like a three week continuance is probably -- MR. NORRIS: Well THE COURT: You know, I mean there's some issues to deal with here. You know, I mean it's not something that you shoot from the hip on on a law and motion calendar on, it. You know? Go ahead. MR. NORRIS: Well, what I was going to suggest is if the court were to issue an order, reserving jurisdiction over allocating the costa, have him bring the children out here. It's obvious that he suckered her on this thing and created a situation where she's enlisted, he's an officer, he's over there in Thailand with these children. He's saying you can come and get them now, where she's supposed to get them one week 8 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 after school was out. So, we're talking about a you know, a matter of days here. MS. CRISSON: If it takes three weeks to get them, summer visitation is over. MR. NORRIS: She's made a good point. If it's three weeks from now summer visitation is over with practically. THE COURT: Well, I'm not just going to jump in and make a bunch of orders until I feel comfortable in doing it, you know. And I realize the situation she's in. And he may have to answer to someone about how he conducted himself. You know, and he -- frankly, I'm not -- if this was a case that I had complete control over and it was orders that I made and he's now in Thailand and she's waiting for summer visitation, he would have some real problems on it. So, what I'm suggesting is some course of action where you talk to your client, you talk to him and come up with some reasonable -- resolution on it. MS. DORSET: Can I make a suggestion, your= Honor? I'm happy to talk to Mr. Norris. I would love to put us together because I've never talked to Mr. Norris about this. I never received contact from Ms. Kelly. And I get a lot of threats from Ms. Kelly's letter, but no contact. MR. NORRIS: Your Honor, I object to that. 9 10 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 All we received from her was a special appearance -- MS. DORSET: I would like to talk to Mr. Norris about THE COURT: Let's meet and confer. Do you want to come back tomorrow or this afternoon or -- MS. DORSET: What I was going to suggest, he's on Bangkok time. I don't know where he's physically at. I don't think I can contact -- I send him an e-mail, he sends me something back. What I suggest is we put it over for a week so that we can, Mr. Norris and I can speak and that we put it -- that we discuss the jurisdictional issues that we have and what about, because I believe you're right. There is jurisdiction to enforce the order. Whether there is jurisdiction on modification, I don't know if I can get a declaration in time on some of those jurisdictional issues in a week. I would like to come back to court, tell you where we're at, what we tried to do to make it so she can have summer visitation. THE COURT: I think we have to work in days. If you guys want to come in, let's shoot for -- let's come in Tuesday, say, 1:30 or something like that. MR. NORRIS: What was the date? 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 THE COURT: Tuesday, the 13th. MR. NORRIS: At 1:30, July 13. I can make it, your Honor. My client is set to return Sunday to Virginia. So I mean we can probably have her available by telephone. But I would like to point out to the court, we received this fax from my client's commanding officer confirming a conversation she had with Captain Nordskog, we received this yesterday. It's under penalty of perjury. He was going to get tickets and the letter says his attorney told him not to come out here. So, you know, I don't know if that's true or not. I don't think we're getting a lot of cooperation. If it were my client, I would be telling him to bring the client here. THE COURT: You two can shoot at each other all you want. That's not helping us get the thing resolved. MS. DORSET: MR. NORRIS: communication th from a telephone THE COURT: See you Tuesday 1:30. It's really to the lack of at's been alleged. We had a fax call that was two days old. Okay. Thank you. 11 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 STATE OF CALIFORNIA ) ) SS. COUNTY OF MONTEREY ) I, Anne M. Hall, a Certified Shorthand Reporter of the State of California, do hereby certify that I am the reporter who reported the above proceedings in the matter entitled In re the Matter of Susan Crisson versus Craig Nordskog, M69841, that I reported the above proceedings fully and correctly, and that the foregoing pages, numbered 1 - 12, inclusive, are a complete and correct transcription of my stenotype notes taken at said time and place. Dated: July 14, 2004 Anne M. Hall, CSR 4942 12 ?: t 4 "? f .. i ."".1 f ? ?' ?? } ... ,,. t i.f? i ?,., __ t ?. ..__ ?-?. 1l. t SUSAN CRISSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 08-5207 CIVIL CRAIG NORDSKOG, Defendant IN RE: DEFENDANT'S SPECIAL APPEARANCE FOR THE PURPOSE OF FILING PRELIMINARY OBJECTIONS ORDER AND NOW, this Z 9 day of October, 2008, inconsideration of the defendant's special appearance, his preliminary objections and the answer filed thereto, it is ordered and directed that action herein is STAYED to permit the plaintiff to obtain an order from the state of Texas stating that it no longer has jurisdiction.' If such an order is not obtained within sixty (60) days, this matter may be dismissed on motion of the defendant. Nothing herein shall prevent the defendant from seeking an order in Texas whereby said court retains jurisdiction. If this matter is assigned to a judge in Texas, either party may request that the undersigned communicate with the Texas court pursuant to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. 5401 et seq. Pending further order, our order of September 11, 2008, shall remain in full force and effect. BY THE COURT, See 23 Pa.C.S.A. 5422 and the Uniform Law Comment thereto. zv- f O ? 'V A Tabetha A. Tanner, Esquire For the Plaintiff ? Jane Adams, Esquire For the Defendant :rlm Cc I i 'e-S M.-Lt 'L L ?D?3old$ TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff SUSAN CRISSON, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW V. § § CUSTODY/VISITATION CRAIG NORDSKOG, § Defendant § NO. 08-5207 CIVIL TERM MOTION FOR EXTENSION OF TIME TO OBTAIN TEXAS ORDER DECLINING JURISDICTION 1. On or about August 29, 2008, Plaintiff filed a Complaint for Custody with the Court of Common Pleas of Cumberland County, Pennsylvania. 2. A Pre-Hearing Custody Conference was held on September 9, 2008. 3. Despite being provided with actual notice of the Pre-Hearing Custody Conference, Defendant did not appear at said conference. 4. An Temporary Custody Order was entered on September 11, 2008. 5. On or about September 29, 2008, Defendant, through his attorney field Preliminary Objections to Complaint for Custody. 6. Based on Defendant's Preliminary Objections, on or about October 9, 2008, an Order was entered vacating the September 11, 2008 Temporary Custody Order. 7. On or about October 24, 2008, Plaintiff filed an Answer to Defendant's Preliminary Objections to Complaint for Custody. 8. On or about October 29, 2008, an Order was entered reinstating the September 11, 2008 Temporary Custody Order. 9. Said Order also provided that the present action be stayed in order to permit Plaintiff to obtain an Order frm the State of Texas stating that it no longer has jurisdiction over this matter. 10. Said order states that if an order is not obtained within sixty (60) days, this matter may be dismissed on motion of Defendant. 11. Said sixty (60) days expires on or about December 29, 2008. 12. On or about December 17, 2008, a hearing was held in Wichita County, Texas to determine jurisdiction over this matter. 13. A decision, however was not rendered at this time. This matter has been continued until January 14, 2009, and if not concluded at this time, the matter will be continued until January 21, 2009 (Exhibit "A"). 14. A copy of this Motion was faxed to Attorney Jane Adams on December 23, 2008, requesting her concurrence. No answer was received. 15. A hearing is not requested. WHEREFORE, Plaintiff requests that this Honorable Court provide Plaintiff with an additional sixty (60) days in which to obtain an Order from Texas stating that it no longer has jurisdiction over this matter. DATE: 1A /,;t 30 F- Respectfully submitted, a&4 N. Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff FILED FOR RECORD -AT; VClock.. NO. 152,407-C DEC 19 20M VoaTPA stt away Yex?s IN THE INTEREST OF * IN ME 891H DISTR C" ARITI'NEY NORSDKOG AND ' OP SAVANNAH NORDSK00, CHILDREN WICHITA COUNTY, TEXAS A hewing on the Petitioner's Motion to Transfer in the above styled and rnunbered cause has been set for the 14° day of January, 2oo9 at 9.00 o'clock a.m. and, if not concluded, will be continued on January 21, 2009 at 3:00 o'clock p.m in the W District Coma of Wichita County, Texas. SIGNED On December , 2008. LL QOW...0 urge Ping Lor Exhibit "A" ?"; -.> ;-,} ?_ '? ?. ?t ? ?,? ? • 4 DEC 2 9 ZX8 SUSAN CRISSON, Plaintiff V. CRAIG NORDSKOG, Defendant AND NOW, this § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW § CUSTODY/VISITATION § NO. 08-5207 CIVIL TERM ORDER OF COURT -70' day of w -? 2008, after reviewing Plaintiffs Motion for Extension of Time To Obtain Texas Order Declining Jurisdiction, Plaintiff shall have sixty (60) days from the date of this Order to obtain an Order from the state of Texas stating that it no longer has jurisdiction. cc: abetha A. Tanner, Esquire ,,,e?e Adams, Esquire S 6e BY THE COURT: / TAR 2008 DEC 30 k'°,j jr,: 9 t 1. -1 SUSAN CRISSON, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 5207 CIVIL TERM CRAIG NORDSKOG, Defendant : IN CUSTODY MOTION TO DISMISS AND NOW COMES, Petitioner, Craig Nordskog, by and through his Attorney, Jane Adams, and files this Motion and in support thereof avers as follows: 1. Petitioner Craig Nordskog, is an adult individual, (hereinafter referred to as "Father"), who resides at 1420 Creek Knoll, San Antonio, Bexar County, Texas, 78253. 2. Plaintiff, Susan Crisson, (hereinafter referred to as "Mother"), is an adult individual who resides at 112 North Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. On August 28, 2008, Mother filed a Complaint for Custody with the Court of Common Pleas of Cumberland County, Pennsylvania, despite the fact that there was a previous final Decree in Divorce in Witchita County, Texas, entered on July 19, 2000, which provided that Father has primary custody of the children. 4. Pursuant to the above-captioned matter, an Order was entered on September 11, 2008, in Pennsylvania, which provided that Mother should retain primary custody of the children. A copy of that Order is attached as Exhibit A. 5. The Order entered in Cumberland County on September 11, 2008, which was entered without a hearing and without consent or input of Father, granted Mother sole legal custody and primary physical custody, and such Order was in direct contradiction of the Decree and Order currently in effect in Texas. 6. After entry of the September 11, 2008, Order, Father filed a Petition in Texas, seeking to transfer the case from Bexar County to Wichita County, and he requested that the court make a determination on whether it had continuing and exclusive jurisdiction. 7. On January 21, 2009 the Wichita County Court entered an Order which found that Wichita County, Texas, has continuing, exclusive jurisdiction of this case as provided for by section 155.002 of the Texas Family Code. A capias was also issued on Mother. Copies of these two Orders are attached as Exhibit B. 8. The Order of January 21, 2009 notes that the original Texas custody Order of June 19, 2000 required Mother to return the children to Father in August 2008 and she failed to do so. As of this date, Mother continues to refuse to return the children in accordance with the Texas Order. 9. Father is requesting that the September 11, 2008 Order be vacated and the above-captioned case be dismissed. 10. Mother's attorney was contacted and indicated that Mother was not in agreement with the relief requested. 11. Mother's attorney indicated that Mother may appeal in Texas, but as of this date, no such appeal has been filed. 12. This matter was previously heard by Judge Hess. WHEREFORE, Petitioner request that this Honorable Court vacate the prior Order of September 11, 2008 and dismiss this matter. Respectfully submitted, oate ay Ale Adams, Esquire I. V. No. 79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT A SEP 0 9 tuudy SUSAN CRISSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5207 CIVIL ACTION - LAW CRAIG NORDSKOG, , Defendant : IN CUSTODY TEMPORARY CUSTODY ORDER AND NOW1 this ! day of s 2008 u on consideration of the attached Custody Conciliati n Report; it is ordered and directed as follows: 1. The Custody Conciliation Conference scheduled for September 9, 2008 at 9:30 a.m. is hereby continued until October 9, 2008 at 8:30 a.m. 2. Pending further Order of Court or agreement of the parties, Mother, Susan Crisson, shall have sole legal custody of Brittany Marie Nordskog, born September 23, 1995 and Savannah Nordskog, born September 10, 1998. 3. Mother shall have primary physical custody of the children. 4. ' Fathcr shall have periods of partial physical custody of both children on September 10 and September 23, 2008 from 6:00 p.m. to 9:00 p.m. Father shall have additional periods of partial physical custody as agreed by the parties. 5. Neither party may remove the children from the jurisdiction of Cumberland County, Pennsylvania without prior Order of Court of the Court of Common Pleas of Cumberland County, Pennsylvania. 6. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for October 9, 2008 at 8:30 a.m. EX 'Cs- SUSAN CRISSON, Piaintifr V. CRAIG NORDSROG, Defendant PRIOR JUDGE: None IN THE COURT" OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5207 CIVIL ACTION - LAW : IN CUSTODY CUSTODY-CONCILIATION-SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1: The pertinent information concerning the Children who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF. Brittany Marie Nordskog September 23, 1995 Mother Savannah 1... Nordskog September 10, 1998 Mother 2. A Conciliation Conference was held in this matter on September 9, 2008, with the following in attendance: The Mother, Susan Crisson, with her counsel, Tabetha Tanner, Esquire. Father, Craig Nordskog, although advised of the conference, did not appear. Father's Texas attorney, Joti R. Disrud, Esquire contacted the conciliator on Septcmber 8, 2008, in effect seeking a continuance. 3. In light of the request for continuance on behalf of Father, and the need for a temporary order requested by Mother, the Conciliator recommends an Order in the form as attached. 4 ?Q -o Date acq Esquire Custody Conciliator _. •a a i BY THE COURT, cc: Tabetha Tanner, Esquire, Counsel for Mother Craig Nordskog, pro se 1420 Creek Noll San Antonio, TX 78232 J w'? COP x,11 two L1`t'•.''.I. 1.54 111?y4Qt?nt ae+J Y'1s'-t `^.L?? t,•?o . '; ?" V ? v? ?'?1'ri'-if?? 1''C?• FILED FOR RECORD AT----. o'clock-....... M NO. 152.407-C JAN 2 3 2000 IN THE INTEREST OF § IN THE 89`?CXV - I 4j, $11 DIst. nY pCarsitLaw § ILN?ta Frt t tk'xal BRITTNEY-MARIE A. NORDSKOG § OFG *y AND SAVANNAH L. NORDSKOG RR+ CHILDREN § WICHITA COUNTY, TEXAS ORDER ON MOTION TO TRANSFER On January 21, 2009 the Court considered the Motion to Transfer filed by Susan Crisson. The Court determined that the 89th District Court of Wichita County, Texas, has continuing, exclusive jurisdiction of this case as provided for by section 155.002 of the Texas Family Code. The Court makes the following findings of fact and conclusions of law: 1. Craig Nordskog is a resident of the State of Texas. 2. Craig Nordskog is in active duty military service, and has continuously served as active duty military from June 19, 2000 until the date of this hearing. 3. Craig Nordskog had a temporary absence from the State of Texas for the time period of February 10, 2008 until August 26, 2008, due to temporary duty assignment to Iraq by the United States Air Force. 4. Craig Nordskog complied with the Order of the Court issued on June 19, 2000 by surrendering the children to Susan Crisson on February 10, 2008. 5. The Order of the Court issued on June 19, 2000 required Susan Crisson to return the children to Craig Nordskog on August 26, 2000. 6. Susan Crisson failed to return the children to Craig Nordksog on August 26, 2008. Order On Motion to Transfer by Susan Crisson Page 1 7. Craig Nordskog established a residence for the children and himself in Bexar County, Texas beginning in June of 2007. 8. Craig Nordskog's permanent duty station remained in Bexar County, Texas from June 2007 to the date of this hearing. 9. Craig Nordskog retained his status as a resident of the State of Texas from June 2000 until the present time. 10. There exists a significant connection between the children and the State of Texas. 11. There exists a significant connection between the children and their father, Craig Nordskog. 12. There is substantial evidence concerning the children's care, protection, training and personal relations in the State of Texas. 13. Craig Nordskog has not resided in the State of Pennsylvania. 14. The State of Pennsylvania did not exercise jurisdiction in substantial conformity with Chapter 152 of the Texas Family Code when issuing a "Temporary Order" regarding custody of the children. IT IS THEREFORE ORDERED that this case is retained by this Court, and that the 89th District Court of Wichita County, Texas, has continuing, exclusive jurisdiction of this case. Susan Crisson's Motion to Transfer Jurisdiction to Pennsylvania is hereby DENIED. SIGNED on J r?U 2.3 "Wo JUDGE PRESIDING Order On Motion to Transfer by Susan Crisson Page 2 I, Dorsey R. Trapp, Clerk of the Dis'ri,: is t <-rts in and fcr >v`i; i a Cozmty, Texas, do hereby certify that the above pd foregoing is a hl?e and correct copy of the nUOY Q V7 &Jj6*,W I IV "f VMAe, ' it ;'.lis cage, as the same appear8 from the original, now on file m i ?cr my hard ar_ a seal ? of sV P'd?? Courts, at office m- 2 ' ua [ , u! is day of - - A.D. X K Dorsey R T Cicrk D trjct or of Wichita County, Texas By Deputy FILED FOR RECORD NO. 152,407-C AT--"_-'- O'd1ock--- -- M IN THE INTEREST OF § IN THE 89`h DISTI'bb' § DORSEY R. Jerk Dist. BRITTNEY-MARIE A. NORDSKOG § OF Courts &_ Count ,y c;;urts of Lary AND SAVANNAH L. NORDSKOG Wichita t: o Unty, Texas § ANA: ..:DR-PUtY CHILDREN § WICHITA COUNTY, TEXAS ORDER FOR CAPIAS AND SETTING OF BOND On January 21, 2009 the Court heard Movant's Motion for Enforcement. Movant appeared and requested that a capias be issued for the arrest of Respondent for failure to appear. The Court, after reviewing the pleadings and hearing the argument of counsel, finds that this matter was duly and properly set for hearing on January 21, 2009 at 3:00 p.m. and that Respondent failed to appear. The Court further finds that Respondent was personally served with timely notice to appear at the above time, place, and date. The Court further finds that the request for writ of capias should be granted. IT IS ORDERED that the clerk of this Court issue a writ of capias, directed to the sheriff or any peace officer of any county within the state of Texas, commanding that sheriff or peace officer to take the body of Susan Crisson, A.K.A. Susan Dieh-Nordskog, Respondent, and bring her before this Court to answer the allegations of the Motion for Enforcement previously served on Respondent. IT IS ORDERED that the detaining authority shall notify the Court of Respondent's arrest immediately following Respondent's arrest IT IS ORDERED that Respondent shall be permitted to post a cash bond only of Order For Capias Page 1 f /?W MM0 such sum to be deposited in the registry of this Court and subject to forfeiture in accordance with law if Respondent fails to appear for hearing on the court date following release from custody. If Respondent attempts to post bond, IT IS ORDERED that the detaining authority contact the Court before Respondent's release to determine the date and time of the hearing and include such information in the bond conditions. SIGNED on -I-A r z I JUDGE PRESIDING Order For Capias Page 2 CERTIFICATE OF SERVICE AND NOW, this February 2, 2009, I, Jane Adams, Attorney for Craig Nordskog, hereby certify that a copy of the MOTION has been forwarded to the following parties, by placing such in the custody of the United States post office, regular mail, addressed to: Tabetha Tanner, Esquire 1300 Market St., Suite 10 Lemoyne, Pa. 17043 ATTORNEY FOR MOTHER ne Adams, Esquire . No. 79465 Ia W. South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT o r SUSAN CRISSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5207 CIVIL ACTION - LAW CRAIG NORDSKOG, , Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of September, 2009, neither party having requested another conciliation conference and ninety days having passed since the last conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ac line M. Verney, Esquire, ustody Conciliator F!LEC _( OF THE 21109, SEP 15 All, 91: 2 4