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HomeMy WebLinkAbout02-1269REBECCA A. ROSS-DARVISHI s IN THE COURT OF COMMON PLEAS Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA s s V. : NO.bz-).7- , C s CIVIL ACTION - LAW JULIO JAY DARVISHI,, s Defendant s IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 COFF, P. C. Date: 4 ' /7 By: r Jo ar( py. Cunningham, Esquire D. # ?n144 320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) REBECCA A ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oa• JZG9 CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, REBECCA A. ROSS- DARVISHI, by and through her attorneys, Cunningham & Chernicoff, P.C., who files this Complaint in Divorce, alleging the following: 1. Plaintiff is REBECCA A. ROSS-DARVISHI, who currently resides at 320 North Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania. Plaintiff's Social Security Number is 194-66-6026. 2. Defendant is JULIO JAY DARVISHI, who currently resides at 320 North Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania. Defendant's Social Security Number is 269-88-0903. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 8, 1999, at Baltimore, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff further avers that Defendant is not in the Military Service or in any branch of the Armed Forces of the United States or its Allies or otherwise within the provisions of the Soldiers, and Sailors, Civil Relief Act of Congress of 1940 and its Amendments. 8. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 2 9. There was one (1) child born of the parties, Noha Arlen Abdi Darvishi, whose date of birth is July 28, 1999. Plaintiff requests this Court to enter a Decree of Divorce. COUNT II 10. The averments in Paragraphs 1 through 9, inclusive, are incorporated herein by reference thereto. 11. One (1) child of the parties was born during the course of the marriage, namely, Noha Arlen Abdi Darvishi, born July 28, 1999. 12. The aforesaid child resides with the Plaintiff, REBECCA A. ROSS-DARVISHI, and the best interests of the child demands that Plaintiff be awarded an order of Custody of the minor child. 13. Since the birth of the aforesaid minor child, he has continuously resided with the Plaintiff at the following addresses: 3 Plaintiff & 2073 Harwitch Rd. Defendant Columbus, OH Plaintiff & 201 Gale Street Defendant Apt. 102 Mechanicsburg, PA Plaintiff 312 Spring Lane Enola, PA Plaintiff & 320 N. Baltimore St. Defendant Mt. Holly Springs, PA 7/28/99 to 12/31/99 1/1/00 to 10/1/01 10/1/01 to 12/25/01 12/25/01 to Present 14. Plaintiff has not participated as a party, witness or in any capacity whatsoever in any other litigation concerning the custody of her child. Plaintiff has no information of any custody proceeding concerning the child pending in a court of this or any other state. 15. The Plaintiff is in all respects a fit and proper person to have permanent and physical custody of the minor child and the best interests of the child demands that Plaintiff be awarded custody of the minor child. 4 , Plaintiff requests the Court to enter an Order granting Plaintiff primary physical custody of the minor child, Noha Arlen Abdi Darvishi. Respectf4]ly submitted, ICOFF, P. C. Date: ?- ?? / V- 0,2- BN: Jordan D. Cunningham, Esquire I.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) I verify that the statements made in the foregoing complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. falsification to authorities. §4904, relating to unsworn EBECCA A. ROSS-DARVISHI Date: -7 1 ?, AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : . ss; COUNTY OF DAUPHIN : I, REBECCA A. ROSS-DARVISHI, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 'IL /z- - REBECCA A. RO -DARVISHI SWORN and Subscribed to Before me this I J4 day of 2002. IN 4."I? C Notanel Seel Blanche A. Manson, Notary Publa C4 of Hamburg, Ity C E ? Nov. County 2W5 MY .I ?, a?lt>, ^ a NoteiW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ss; COUNTY OF DAUPHIN The Plaintiff, being duly sworn according to law, deposes and says that he is the Plaintiff in the above captioned matter and that he personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers, and Sailors, Civil Relief Act of Congress of 1940 and its Amendments. 4 REBECCA A. ROSS-DARVISHI SWORN and Subscribed to Before me this day of 2002. NOTARY PUBLIC Notarij sea! Bier? IW A Morrison, Notary Pubic Msrts?ac R ? J V Y vr? ? 30 o ? . e @ J v x REBECCA A. ROSS-DARVISHI, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW JULIO JAY DARVISHI, Defendant IN DIVORCE PETITION FOR APPOINTMENT OF CUSTODY CONCILIATOR AND NOW, this 4th day of April, 2002, comes the Plaintiff, Rebecca A. Ross-Darvishi, who files this Petition for the Appointment of a Custody Conciliator, and in support thereof, avers the following: 1. On March 14, 2002, a Complaint in Divorce was filed in the above captioned matter. A true and correct copy of the Complaint in Divorce is attached hereto, made part hereof, is incorporated herein by reference and is marked Exhibit "P-1" 2. Count II of the Complaint in Divorce requested relief with regard to custody of the parties, minor child. 1 3. Plaintiff now seeks the appointment of a Custody Conciliator as attempts to amicably negotiate a custody stipulation have failed. , Plaintiff, REBECCA A. ROSS-DARVISHI, respectfully requests this Honorable Court to appoint a Custody Conciliator to hear the issues raised by the Complaint. submitted, & CHFJWYCOFF, P. C. Date: - U'), XordanA. Cunningham, Esquire I.D. #23144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) b1\docs\petition\darvishi REBECCA A. ROSS-DARVISHI s IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA s V. : NO. 0.2-/.264 lCai/ - s CIVIL ACTION - LAW JULIO JAY DARVISHI, s Defendant s IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wiph to defend against-the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities. or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR it ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Date: By: TRUE COPY FROM RECORD ?n Testimony whereof, I here unto set my nano A the seal of said Ccurt at Carlisle. Pa. I'hi i t= 0 &LAe Protho otary F, P. C. rt Cunningham, Esquire #73144 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) REBECCA A ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA/ NO. Od- lzL9 l cu j T,.,_ CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, REBECCA A. ROSS- DARVISHI, by and through her attorneys, Cunningham & Chernicoff, P.C., who files this Complaint in Divorce, alleging the following: 1. Plaintiff is REBECCA A. ROSS-DARVISHI, who currently resides at 320 North Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania. Plaintiff's Social Security Number is 194-66-6026. 2. Defendant is JULIO JAY DARVISHI, who currently resides at 320 North Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania. Defendant's Social Security Number is 269-88-0903. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 8, 1999, at Baltimore, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff further avers that Defendant is not in the Military Service or in any branch of the Armed Forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors, Civil Relief Act of Congress of 1940 and its Amendments. 8. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 2 9. There was one (1) child born of the parties, Noha Arlen Abdi Darvishi, whose date of birth is July 28, 1999. WHEREFORE, Plaintiff requests this Court to enter a Decree of Divorce. _ coyNT II 10. The averments in Paragraphs 1 through 9, inclusive, are incorporated herein by reference thereto. 11. One (1) child of the parties was born during the course of the marriage, namely, Noha Arlen Abdi Darvishi, born July 28, 1999. 12. The aforesaid child resides with the Plaintiff, REBECCA A. ROSS-DARVISHI, and the best interests of the child demands that Plaintiff be awarded an order of Custody of the minor child. 13. Since the birth of the aforesaid minor child, he has continuously resided with the Plaintiff at the following addresses: 3 Plaintiff & Defendant Plaintiff & Defendant Plaintiff Plaintiff & Defendant 2073 Harwitch Rd. Columbus, OH 201 Gale Street Apt. 102 Mechanicsburg, PA 312 Spring Lane Enola, PA 320 N. Baltimore St. Mt. Holly Springs, PA 7/28/99 to 12/31/99 1/1/00 to 10/1/01 10/1/O1 to 12/25/01 12/25/01 to Present 14. Plaintiff has not participated as a party, witness or in any capacity whatsoever in any other litigation concerning the custody of her child. Plaintiff has no information of any custody proceeding concerning the child pending in a court of this or any other state. 15. The Plaintiff is in all respects a fit and proper person to have permanent and physical custody of the minor child and the best interests of the child demands that Plaintiff be awarded custody of the minor child. 4 WHEREFORE, Plaintiff requests the Court to enter an Order granting Plaintiff primary physical custody of the minor child, Noha Arlen Abdi Darvishi. submitted, COFF, P. C. Date: ' - /C/- 0,). Jordc(n D. Cunningham, Esquire I.D. #23144 2320 North Second Street P. 0. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. EBECCA A. ROSS-DARVISHI Date: v - /?-0,-z AFFIDAVIT COUNTY OF PENNSYLVANIA : ss; OF DAUPHIN : I, REBECCA A. ROSS-DARVISHI, being duly according to law, depose and say: sworn (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Z-",- /Z- REBECCA . RO -DARVISHI SWORN and Subscribed Befor me this -`L of Q a r_ NO Y PUBLIC to day 2002. ??-(?/ 7 J ? '4t NOUMW Seal BWd* A. MWW, NdM Pub5C 82W5 CRY Op m E M Nov. ? ynMwmN o-OMO w 17 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS; COUNTY OF DAUPHIN The Plaintiff, being duly sworn according to law, deposes and says that he is the Plaintiff in the above captioned matter and that he personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. REBECCA A. ROSS-DARVISHI SWORN and Subscribed to Before me this _Zjj? day of 2002. NOTARY PUBLIC G Deyxri Mproa. C,r r r, UJ ' J? CL- Lk o U REBECCA A. ROSS-DARVISHI IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 02-1269 CIVIL ACTION LAW JULIO JAY DARVISHI DEFENDANT IN CUSTODY AND NOW, Tuesday April 09, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street Lemoyne PA 17043 on Monday, May 13, 2002 at 8:30 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P G? 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -pr 1OF"vw 4?7 AlN1oo'r' SNN3d 10 *h Wd I I ddb ?0 AH?l1C`J?i-;1 i ?i7i-lJ7 t) 1'-I MAY 3 1 2002 N REBECCA A. ROSS-DARVISHI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JULIO JAY DARVISHI, Defendant BAYLEY, J. NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this day of June, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Rebecca A. Ross-Darvishi and Julio Jay Darvishi, shall have shared legal custody of the minor child, Noah Arlen Abdi Darvishi, born July 28, 1999. 2. The. Mother, Rebecca A. Ross-Darvishi, shall have primary physical custody of the minor child. Father shall have periods of partial custody to be arranged as follows: A. Effective May 31, 2002, on alternate weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m.; B. On the week preceding his period of custody, from 4:00 p.m. to 7:00 p.m. on Tuesday evening and on the week following Father's custodial weekend, Thursday from 4:00 p.m. to 7:00 p.m. 3. Father's periods of overnight physical custody shall be subject to Father having adequate sleeping arrangements for the minor child. The parties shall keep each other promptly informed of any changes in residential address, or telephone numbers at work or home. 4. By agreement of the parties, each Sunday from 10:00 a.m. to 5:00 p.m. shall be a family day during which they participate enjoying shared time with the child. 5. Transportation. At the beginning of Father's custodial weekend, the parties shall meet for the custodial exchange at the McDonalds on College Street in Carlisle. Additionally, the parties shall meet at the McDonalds at the commencement of the Sunday family day period activity. Father shall provide all other transportation incident to his periods of custody. 4 NO. 02-1269 CIVIL TERM 6. The parties shall attend the Seminar for Separating Families within sixty (60) days of the date of this Order and shall file proof their attendance at the seminar with the Court within two (2) weeks of their attendance. 7. In the event that Father is fifteen (15) minutes more or late for any period of partial custody, the Mother shall be free to leave and Father shall forfeit his period of custody. 8. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Dr. Pauline Wallin. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Mother will pay all costs of the evaluation. However, Mother deserves the right to petition the Court for contribution from Father on the custody evaluation costs. 9. Cumberland County Court of Common Pleas shall retain continuing jurisdiction of this matter. 10. Neither party shall remove the child from Pennsylvania overnight without the express written agreement of the other parent. J. Dist: Jordan D. Cunningham, Esquire, 2320 North Second Street, Harrisburg, PA 17119 Julio Jay Darvishi, pro se, 320 North Baltimore Street, Mt. Holly Springs, PA 1706 a , 9? 6/3 joa i?/p/ ??! ?1? ?.? 7 `'ry 1 [? 1 C .. 1 ,;,,., ?? ? r,? rU:?.; y. ?'J MAY 01 ?_002 REBECCA A. ROSS-DARVISHI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-1269 CIVIL TERM V. JULIO JAY DARVISHI, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Noah Arlen Abdi Darvishi July 28, 1999 Mother 2. A Custody Conciliation Conference was held on May 13, 2002, pursuant to Father's Petition for Appointment of Custody Conciliator filed on April 4, 2002 following a custody count in a Divorce Complaint dated March 14, 2002. Present for the conference were the Mother, Rebecca A. Ross-Darvishi, and her counsel, Jordan D. Cunningham, Esquire; the Father, Julio Jay Darvishi, appeared pro se. 3. The parties did not reach an agreement on all issues in this custody matter. However, they did reach an agreement on some issues which are as follows: shared legal custody; a weekly family day which would occur from 10:00 a.m. until 5:00 p.m. each Sunday; thirty (30) days notice of any intent to remove the Child from the Commonwealth of Pennsylvania; parents' attendance at the Seminar for Separating Families and if Father would be more than fifteen (15) minutes late to appear for his custodial period, Mother would be free to leave. 4. Issues upon which the parties did not agree: physical custody, whether or not Father would participate in a custody evaluation and if Father would participate, whether he would share in the costs. 5. Mother's position on custody is that she should have primary custody with Father having one evening per week. If he would then attend parenting classes, she would agree to an alternating weekend schedule from Saturday at 10:00 a.m. until Sunday mid- afternoon in addition to a weekly activity where the parents would participate together with NO. 02-1269 CIVIL TERM the Child. Mother's concerns are that Father has demonstrated significant instability in his employment history and that he is soon to be evicted from his home. She acknowledges that they have both tried to keep the Child out of the middle of their disputes. She worries that Father has not provided much care to the Child and is therefore, not in a position to parent him. She worries that Father will leave with the Child and alleges he has made comments to her which she interprets as threats that he will take the Child and leave the jurisdiction. While Mother acknowledges that Father loves the Child and does not allege that he would harm him, she simply feels that he is presently ill-equipped to function as a parent. She goes on to state that he presently has no adequate furnishings to arrange for the Child to have an overnight in his care. Inasmuch as the parties were not able to reach an agreement, Mother proposes that the parties participate in a custody evaluation to be performed by Dr. Pauline Wallin and asks that Father have to share equally in the cost. Mother is presently attending HACC to be a paralegal. She has no plans to leave the area within the next year and expects to continue her education through the 2002-2003 academic year. She had worked full-time during the marriage, but took a leave of absence until a Custody Order could be put in place. Mother presently resides in Boiling Springs with her mother and stepfather. 6. Father's position on the custody is as follows. Father is seeking joint custody. He denies that he has ever said anything that would make the Mother concerned that he would take the Child and goes on to describe Mother as a fabricator. He refused her offer of partial custody twice a week and complained that the only two visits that he has had with the Child since Mother left, occurred in public places such as restaurants. Mother was present for both visits. Father states that he has established a bond with the Child and wants to a role model for the Child. He proposes that the Child be with him Monday, Tuesday and Wednesday; with Mother Thursday, Friday and Saturday and that they should each be with him on Sundays. Father states that he is capable to care for the Child and is highly critical of her nutritional practices. He particularly objects to the Child being allowed to eat pizza and hot dogs. Father has been employed since March of 2002 as a Therapeutic Support Staff person at a wraparound program. His work hours vary, including some weekend and evening time. Father indicated that he would like the opportunity to consult with counsel before deciding whether he would participate in the custody evaluation. It is noted for the record that the Order scheduling the Conciliation Conference was entered on April 9, 2002 and filed with the Prothonotary on April 11, 2002. Therefore, F as had approximately one month norc? the Conference and therefor an opportu ' y to ob in counsel. 9a? D e Me issa Peel Gree y, Esquire Custody Conciliator :158413 REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO AMEND DIVORCE COMPLAINT COUNTI AND NOW, comes the Plaintiff, Rebecca A. Ross-Darvishi, by and through her attorneys, Cunningham & Chernicoff, P.C., who files this Petition to Amend Plaintiff s Complaint in Divorce, and in support thereof avers as follows: The Plaintiff, Rebecca A. Ross-Darvishi, resides at 202 Hilltop Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant, Julio Jay Darvishi, resides at P.O. Box 235, Boiling Springs, Cumberland County, Pennsylvania. Plaintiff filed a Complaint in Divorce on March 14, 2002, seeking relief pursuant to Section 3501 of the Divorce Code. 4. Plaintiff and Defendant separated on August 18, 2001, and have continued to live separate and apart for a period in excess of two (2) years. 5. Plaintiff seeks to amend her Complaint in Divorce to seek the issuance of a Divorce Decree pursuant to Section 3301(d) of the Divorce Code. A true and correct copy of the proposed Amended Complaint is attached hereto, made part hereof, is incorporated herein by reference and marked Exhibit "P-V. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order allowing Plaintiff to seek a divorce pursuant to Section 3301(d) of the Divorce Code.. Respectfully submitted, & C13COFF, P.C. Date: B--twq By: 1,5. #2314/ 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Plaintiff) VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. A. Ross-Darvishi -a?"? Dated: Exhibit P-1 REBECCA A. ROSS-DARVISHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-1269 CIVIL TERM JULIO JAY DARVISHI, CIVIL ACTION - LAW Defendant IN DIVORCE COUNTI AND NOW, comes the Plaintiff, Rebecca A. Ross-Darvishi, by and through her attorneys, Cunningham & Chernicoff, P.C., who files this First Amended Complaint Under Section 3301(d) of the Divorce Code and in support thereof avers as follows: The Plaintiff, Rebecca A. Ross-Darvishi resides at 202 Hilltop Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant, Julio Jay Darvishi, resides at P.O. Box 235, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 8, 1999, in Baltimore, Maryland. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff and Defendant separated on August 18, 2001, and have continued to live separate and apart for a period of at least two (2) years. 8. The Plaintiff has been advised of the availability of counseling and that the Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests this Court to enter a Decree of Divorce. , P.C. 2320 41orth Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorneys for Plaintiff) 2 VERIFICATION I verify that the statements made in the foregoing First Amended Complaint in Divorce Under Section 3301(d) of the Divorce Code are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. i ebecca ZA;.'-11;.-oess- arvishi Date: 31e 3 AFFIDAVIT OF NON-MILITARY SERVICE The Plaintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above captioned matter and that she personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. ebecca A. Ross-Darvishi COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss; COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christine A Zaring, Notary Public City OF Harrisburg, Dauphin County My Commission EnWfires Mar. 25, 2008 Member, Pennsylvania Assooiatm Of Notaries Sworn and Subscribed to Before me this ly day AFFIDAVIT I, Rebecca A. Ross-Darvishi, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities eecca .Rosa-Darvishi COMMONWEALTH OF PENNSYLVANIA ss; COUNTY OF DAUPHIN Sworn and Subscribed to r? Before me this day Notarial Seal Christine a Za ft, Notary public City Of Harrisburg, pauphh County My Commission E)Om Mar. 2S, 2008 REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 02-1.269 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on August 18, 2001, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ebecca A. oss- ar hi Date: Z? C CERTIFICATE OF SERVICE I do hereby state that on the ? ? flay of August 2004, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Mr. Julio J. Darvishi P.O. Box 235 Boiling Springs, PA 17007 .e A e 1 Assistant _ ?-y na i c5 ? ._ ` o ? ?' L ?? ? 1 f ? ' . c. ? T ?? ;,? ?? ?? ? ? -ffTl ? ? ? .F' -?4? l ?., , ,?<_) - -.? r, ; '?7 _ y ,., i 1"J ?,'.? ?n .. .f '1 U "? AUG 0 6 2004 REBECCA A. ROSS-DARVISHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1265 CIVIL TERM JULIO JAY DARVISHI, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this Lk day of -? 1-- - 2004, upon review of the annexed Petition and upon motion of Jordan D. Cunningham, Esquire, a Rule is issued against the Defendant to show cause, if any he has, why the Plaintiff should not be allowed to amend her Complaint to seek relief pursuant to Section 3301(d) of the Divorce Code. Rule returnable days from date of service. A r O l Ire( I 60 •2 €--+. I 1 J03 h?2z REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, Rebecca A. Ross-Darvishi, by and through her counsel, Cunningham & Chernicoff, P.C., who files this Petition to Make Rule Absolute and in support thereof avers the following: 1. The Plaintiff, Rebecca A. Ross-Darvishi, resides at 202 Hilltop Road, Boiling Springs, Cumberland County, Pennsylvania. 2.. The Defendant, Julio Jay Darvishi resides at P.O. Box 235, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff filed a Complaint in Divorce on March 14, 2002, seeking relief pursuant to Section 3501 of the Divorce Code. 4. Plaintiff and Defendant separated on August 18, 2001, and have continued to live separate and apart for a period in excess of two (2) years. On August 4, 2004, Plaintiff, Rebecca A. Ross-Darvishi filed a Petition to Amend the Divorce Complaint seeking the issuance of a Divorce Decree pursuant to Section 3301(d) of the Divorce Code. Defendant, Julio Jay Darvishi, was served with the Petition to Amend the Divorce Complaint on August 4, 2004, as evidenced by the Certificate of Service attached to the Petition. 6. On August 11, 2004, the Honorable Edgar B. Bayley issued an Order of Court entering a Rule upon the Defendant, Julio Jay Darvishi to show cause why the relief being requested by Plaintiff, Rebecca A. Ross-Darvishi should not be granted. The Rule was returnable within fifteen (15) days of service. A true and correct copy of the Order issued by the Honorable Edgar B. Bayley is attached hereto, made part hereof, and is incorporated by reference and marked Exhibit "P-1". Defendant, Julio Jay Darvishi, is not represented by counsel. On August 13, 2004, service of Judge Bayley's Order and Rule of August 11, 2004, was effected on Defendant, ALAN P. INTRIERI, by First: Class United States Mail at his last known address being P.O. Box 235, Boiling Springs, PA 17007. A true and correct copy of the letter forwarded to Mr. Darvishi enclosing the Certified Order entered by the Honorable Edgar B. Bayley is attached hereto, made part hereof, and is incorporated by reference and marked Exhibit "P-2". The correspondence forwarded to Mr. Darvishi on August 13, 2004, has not been returned as undeliverable. 10. In excess of sixty (60) days have elapsed since the service of the Rule against Mr. Darvishi. WHEREFORE, Plaintiff respectfully requests this Court to enter an Order making the Rule Absolute and grant the Plaintiff leave to file the Amended. Complaint which was attached to her Petition. Respectfully submitted, & CHERNICOFF, P.C. AttorAX LD.23144 232 orth Second Street P.O. Box 604.57 Harrisburg, PA 17106-0457 Telephone: 717.238.6570 Dated: F: W O?-MARV N HMULEABS. W PD 2 Exhibit P-1 AUG 0 6 2004 REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this %I = day of _ 2004, upon review of the annexed Petition and upon motion of Jordan D. Cunningham, Esquire, a Rule is issued against the Defendant to show cause, if any he has, why the Plaintiff should not be allowed to amend her Complaint to seek relief pursuant to Section 3301(d) of the Divorce Code. Rule returnable / S days from date of service. BY THE COURT: J. TRUE: COPY FROM RECORD to Tootimmy whereof, I hen unto set my Lwow and the W of Bald Cou at Card le, Pa. this l? F-r- e I?? Pmthenot " Exhibit P-2 C JORDAN D. CUNNINGHAM CUNNINGHAM & CHERNICOFF, P.C. ROBERT E. CHERNICOFF ATTORNEYS AT LAW MARC W. WrrZIG BRUCE J. WARSHAWSKY P.O. BOX 60457 JOHN M. HYAMS HARRISBURG, PENNSYLVANIA 17106-0457 KELLY M. KNIGHT TELEPHONE (717) 238-6570 FAX (717) 238-4809 August 13, 2004 Mr. Julio J. Darvishi P.O. Box 235 Boiling Springs, PA 17007 Re: Darvishi v. Darvishi Our File No. 401302 Dear Mr. Darvishi: HERSHEY TELEPHONE (717) 534-2833 IRS NO. 23-2274135 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 Enclosed, constituting service on you, is an Order directing you to show cause, if any you have, why the Plaintiff should not be allowed to amend her Divorce Complaint. Very truly yours, , P.C. JDC/caz Enclosure cc: Ms. Rebecca Ross CERTIFICATE OF SERVICE I do hereby state that on the I day of October 2004,1 served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Mr. Julio J. Darvishi P.O. Box 235 Boiling Springs, PA 17007 tine A. Zaring, Leg A istant ? N c5 r rr.;' « s u? co T T- rj IT' r.n zj CJ < OC T 2 9 ?004 REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RDER AND NOW, this 14- day of Oateber 2004, upon review of the annexed Petition to make Rule Absolute and upon motion of Jordan D. Cunninghain, Esquire, the Rule issued against the Defendant, Julio Jay Darvishi, is made Absolute and Plaintiff, Rebecca A. Ross- Darvishi, is hereby granted permission to amend her Complaint to seek relief pursuant to Section 3301(d) of the Divorce Code as set forth in the Amended Complaint attached to her Petition. o NX ?- d ? C??x .L :,-? . ? ? ? E " ra- ;.i ??-t . s r"?.a c . U - °N REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY MOTION FOR MODIFICATION OF CUSTODY AGREEMENT AND/OR CONTEMPT AND NOW comes the Plaintiff, Rebecca A. Ross-Darvishi, who files in this Motion for Modification of Custody Agreement and/or Contempt and in support thereof avers the following: 1. The Plaintiff, Rebecca A. Ross-Darvishi, resides at 202 Hilltop Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant, Julio Jay Darvishi resides at P.O. Box 235, Boiling Springs, Cumberland County, Pennsylvania. 3. On June 3, 2002, an Interim Order of Court was entered by the Honorable Edgar B. Bayley based upon the Custody Conciliation Summary Report. A true and correct copy of the Interim Order of Court and Custody Conciliation Summary Report is attached hereto, made a part hereof, and is incorporated by reference as Exhibit "P-1." 4. On July 8, 2002, the parties entered into a Stipulation of Custody, which Stipulation of Custody has not been adopted as a court Order. A true and correct copy of the Stipulation of Custody is attached hereto, made a part hereof, and is incorporated by reference as Exhibit "P-2." 5. Pursuant to the terms of the Stipulated Custody Order, Defendant enjoyed shared legal custody of his minor child. VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: Exhibit P-1 MAY 31 2002 REBECCA A. ROSS-DARVISHI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JULIO JAY DARVISHI, Defendant BAYLEY, J. NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY INTERIM ORDER OF COURT AND NOW, this day of June, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Rebecca A. Ross-Darvishi and Julio Jay Darvishi, shall have shared legal custody of the minor child, Noah Arlen Abdi Darvishi, born July 28, 1999. 2. The Mother, Rebecca A. Ross-Darvishi, shall have primary physical custody of the minor child. Father shall have periods of partial custody to be arranged as follows: A. Effective May 31, 2002, on alternate weekends from Friday at 6:00 p.m. until Sunday at 5:00 p.m.; B. On the week preceding his period of custody, from 4:00 p.m. to 7:00 p.m. on Tuesday evening and on the week following Father's custodial weekend, Thursday from 4:00 p.m. to 7:00 p.m. 3. Father's periods of overnight physical custody shall be subject to Father having adequate sleeping arrangements for the minor child. The parties shall keep each other promptly informed of any changes in residential address, or telephone numbers at work or home. 4. By agreement of the parties, each Sunday from 10:00 a.m. to 5:00 p.m. shall be a family day during which they participate enjoying shared time with the child. 5. Transportation. At the beginning of Father's custodial weekend, the parties shall meet for the custodial exchange at the McDonalds on College Street in Carlisle. Additionally, the parties shall meet at the McDonalds at the commencement of the Sunday family day period activity. Father shall provide all other transportation incident to his periods of custody. NO. 02-1269 CIVIL TERM 6. The parties shall attend the Seminar for Separating Families within sixty (60) days of the date of this Order and shall file proof their attendance at the seminar with the Court within two (2) weeks of their attendance. 7. In the event that Father is fifteen (15) minutes more or late for any period of partial custody, the Mother shall be free to leave and Father shall forfeit his period of custody. 8. The parties shall submit themselves and their minor child to an independent custody evaluation to be performed by Dr. Pauline Wallin. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Mother will pay all costs of the evaluation. However, Mother deserves the right to petition the Court for contribution from Father on the custody evaluation costs. 9. Cumberland County Court of Common Pleas shall retain continuing jurisdiction of this matter. 10. Neither party shall remove the child from Pennsylvania overnight without the express written agreement of the other parent. BY THE COURT: Z's J. Dist: Jordan D. Cunningham, Esquire, 2320 North Second Street, Harrisburg, PA 17110 Julio Jay Darvishl, pro se, 320 North Baltimore Street, Mt. Holly Springs, PA 17065 TRUE COPY FROM RECORD In Testimony whereof, I hereunto set my hand and the seal of said Court at Carlisle, Pa. This -3.f`?:..... day of.... a2ooz ........... .......? ...................... A;ui" . Prothonotary MAY 31 2002 ?/ REBECCA A. ROSS-DARVISHI, V. Plaintiff JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME Noah Arlen Abdi Darvishi July 28, 1999 Mother 2. A Custody Conciliation Conference was held on May 13, 2002, pursuant to Father's Petition for Appointment of Custody Conciliator filled on April 4, 2002 following a custody count in a Divorce Complaint dated March 14, 2002. Present for the conference were the Mother, Rebecca A. Ross-Darvishi, and her counsel, Jordan D. Cunningham, Esquire; the Father, Julio Jay Darvishi, appeared pro se. 3. The parties did not reach an agreement on all issues in this custody matter. However, they did reach an agreement on some issues which are as follows: shared legal custody; a weekly family day which would occur from '10:00 a.m. until 5:00 p.m. each Sunday; thirty (30) days notice of any intent to remove the Child from the Commonwealth of Pennsylvania; parents' attendance at the Seminar for Separating Families and if Father would be more than fifteen (15) minutes late to appear for his custodial period, Mother would be free to leave. 4. Issues upon which the parties did not agree: physical custody, whether or not Father would participate in a custody evaluation and if Father would participate, whether he would share in the costs. 5. Mother's position on custody is that she should have primary custody with Father having one evening per week. If he would then attend parenting classes, she would agree to an alternating weekend schedule from Saturday at 10:00 a.m. until Sunday mid- afternoon in addition to a weekly activity where the parents would participate together with DATE OF BIRTH CURRENTLY IN THE CUSTODY OF NO. 02-1269 CIVIL TERM the Child. Mother's concerns are that Father has demonstrated significant instability in his employment history and that he is soon to be evicted from his home. She acknowledges that they have both tried to keep the Child out of the middle of their disputes. She worries that Father has not provided much care to the Child and is therefore, not in a position to parent him. She worries that Father will leave with the Child and alleges he has made comments to her which she interprets as threats that he will take the Child and leave the jurisdiction. While Mother acknowledges that Father loves the Child and does not allege that he would harm him, she simply feels that he is presently ill-equipped to function as a parent. She goes on to state that he presently has no adequate furnishings to arrange for the Child to have an overnight in his care. Inasmuch as the parties were not able to reach an agreement, Mother proposes that the parties participate in a custody evaluation to be performed by Dr. Pauline Wallin and asks that Father have to share equally in the cost. Mother is presently attending HACC to be a paralegal. She has no plans to leave the area within the next year and expects to continue her education through the 2002-2003 academic year. She had worked full-time during the marriage, but took a leave of absence until a Custody Order could be put in place. Mother presently resides in Boiling Springs with her mother and stepfather. 6. Father's position on the custody is as follows. Father is seeking joint custody. He denies that he has ever said anything that would make the Mother concerned that he would take the Child and goes on to describe Mother as a fabricator. He refused her offer of partial custody twice a week and complained that the only two visits that he has had with the Child since Mother left, occurred in public places such as restaurants. Mother was present for both visits. Father states that he has established a bond with the Child and wants to a role model for the Child. He proposes that the Child be with him Monday, Tuesday and Wednesday; with Mother Thursday, Friday and Saturday and that they should each be with him on Sundays. Father states that he is capable to care for the Child and is highly critical of her nutritional practices. He particularly objects to the Child being allowed to eat pizza and hot dogs. Father has been employed since March of 2002 as a Therapeutic Support Staff person at a wraparound program. His work hours vary, including some weekend and evening time. Father indicated that he would like the opportunity to consult with counsel before deciding whether he would participate in the custody evaluation. It is noted for the record that the Order scheduling the Conciliation Conference was entered on April 9, 2002 and filed with the Prothonotary on April 11, 2002. Therefore, F as had approximately one month notic the Conference and therefor an opportu y to ob in counsel. 9a? D e Me issa Peel Gree y, Esquire Custody Conciliator :158413 Exhibit P-2 REBECCA A. ROSS-DARVISHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00413 S 2002 JULIO J. DARVISHI, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATION OF PARTIES AND NOW, comes the Plaintiff, REBECCA A. ROSS-DARVISHI, and Defendant, JULIO J. DARVISHI, who do hereby stipulate and agree that the following shall be the standard of custody and visitation which shall prevail and do consent to the entry by the Court of Common Pleas of Cumberland County of an Order incorporating the terms of this Stipulation: 1. Plaintiff, Rebecca A. Ross-Darvishi, and Defendant, Julio J. Darvishi, the natural parents of the minor child, Noah Arlen Abdi Darvishi, shall have shared legal custody of the minor child. Rebecca A. Ross-Darvishi, the natural mother of the minor child shall have primary physical custody of the child and Julio J. Darvishi, the natural father of the minor child, shall have partial physical custody of the child pursuant to the following schedule: 1 (a) Every other week beginning Friday, at 6:00 p..m., prevailing time, and ending Sunday at 9:00 a.m., prevailing time. (b) Every other Tuesday evening from 5:00 p.m., prevailing time, to 8:00 p.m., prevailing time, during the week preceding Father's custodial weekend. (c) Every other Thursday evening from 5:00 p.m., prevailing time, to 8:00 p.m., prevailing time, during the week following Father's custodial weekend. (d) Any other times as the parties may from time to time mutually agree. 2. Plaintiff and Defendant acknowledge that it is in the best interests of the minor child that each parent keep the other informed with regard to the minor child's progress, academically, and of any change in his/her health or any medical crisis. Plaintiff and Defendant agree to consult with each other and to each have an equal input with regard to any major decisions which will impact upon the child's academic progress and/or physical or mental health. Plaintiff and 2 C Defendant also acknowledge that it is in the best interests of the minor child that he/she have the benefit of each parents parental guidance and each agrees to refrain from allowing the child to be exposed to the personal animosities that may exist between each other. Plaintiff and Defendant agree that the execution of this Stipulation shall not be construed as having any bearing whatsoever as to the relative fitness of each party to be the custodial parent of their child. 3. Plaintiff and Defendant agree, in addition to any provisions which may be contained herein regarding shared legal custody, that Plaintiff and Defendant shall have the following rights with respect to the child: (a) Access to report cards and other relevant information concerning the progress of the child in school; (b) Approval of extraordinary medical and/or dental treatment, except in the case of an emergency and provided that such approval shall not be unreasonably withheld; and 3 s l (c) Approval of summer camp and schools, provided that such approval shall not be unreasonably withheld. 4. Defendant shall, if he is not going to be able to effect any period of partial physical custody for other than health reasons, give Plaintiff at least seventy-two (72) hours advance notice of his inability to effect the custody. 5. Defendant shall be responsible for all transportation for the minor child incidental to his period of partial custody. If Defendant does not arrive at the agreed upon location for transfer of custody within fifteen (15) minutes of the agreed upon time, Plaintiff shall have the right to leave the appointed location and assume Defendant is not going to effect partial custody for the period of time provided by this stipulation. Specifically, in the event Defendant is fifteen (15) minutes more or late for any period of partial custody, the Plaintiff shall be free to leave and Defendant shall forfeit his period of custody. The location for 4 l transfer of custody shall be the Plaintiff's home at 202 Hilltop Road, Boiling Springs, Pennsylvania. 6. The parties shall attend the Seminar for Separating Families within sixty (60) days of the date of the attached order and shall file proof of their attendance at the Seminar with the Court within two (2) weeks of their attendance. 7. Neither party shall remove the child from Pennsylvania overnight without the advance express written agreement of the other parent at least thirty (30) days before the planned trip. 8. In the event that either party breaches any provision of this Stipulation, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, Court costs and expenses incurred by the other party in enforcing this Stipulation. 5 IN WITNESS WHEREOF, the parties hereto have placed their hands and seals to this Stipulation this day of JULY, 2002. jzeoa 144C R H CA A. RO S-DARVISHI BC cJ 0 j too--y- ? ? JULIO J. DARVISHI 6 CERTIFICATE OF SERVICE. I do hereby state that on the 3? day of November 2004„ I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Mr. Julio J. Darvishi P.O. Box 235 Boiling Springs, PA 17007 N v ? t S log pr REBECCA A. ROSS-DARVISHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JULIO JAY DARVISHI, Defendant NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice-for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclan:iada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERL,E INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SINCARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 REBECCA A. ROSS-DARVISHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1269 CIVIL TERM JULIO JAY DARVISHI, CIVIL ACTION - LAW Defendant IN DIVORCE FIRST AMENDED COMPLAINT UNDER SECTION 3301(4) OF THE DIVORCE CODE COUNTI AND NOW, comes the Plaintiff, Rebecca A. Ross-Darvishi, by and through her attorneys, Cunningham & Chernicoff, P.C., who files this First Amended Complaint Under Section 3301(d) of the Divorce Code and in support thereof avers as follows: 1. The Plaintiff, Rebecca A. Ross-Darvishi resides at 202 Hilltop Road, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant, Julio Jay Darvishi, resides at P.O. Box 235, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were man-ied on February S, 1999, in Baltimore, Maryland. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff and Defendant separated on. August 18, 2001, and have continued to live separate and apart for a period of at least two (2) years. 8. The Plaintiff has been advised of the availability of counseling and that the Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests this Court to enter a Decree of Divorce. itted, COFF, P.C. Dater ? 1--0 4 dan D;R5rfingham, Esquire D. #2 44 2320 orth Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorneys for Plaintiff) 2 VERIFICATION I verify that the statements made in the foregoing First Amended Complaint in Divorce Under Section 3301(d) of the Divorce Code are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. L -so le?beccaA. Ross- arvishi Date: Z 3 AFFIDAVIT OF NON-MILITARY SERVICE The Plaintiff, being duly sworn according to law, deposes and says that she is the Plaintiff in the above captioned matter and that she ;personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch of the Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. t Rebecca A. Ross-Darvishi COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . ss; COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christine A. Zaring, Notary Public city Of Harrisburg, Dauphin county My Commission Expires Mar. 25,2D08 Member, Pennsylvania Association Of Notaries Sworn and Subscribed to Before me this Y r day AFFIDAVIT I, Rebecca A. Ross-Darvishi, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the court. I understand that false statements herein are made, subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Rebecca A. Ross-Da >shi COMMONWEALTH OF PENNSYLVANIA ss; COUNTY OF DAUPHIN Sworn and Subscribed to Before me this 2?ay ,004.- Notarial Notarial Seal . Notry Public n EVhm brM 25, 2008 ember, Pennsylvania Association Of Notaries REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 02-1269 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on August 18, 2001, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ebe:cca A. oss- arvishi Date: ?.? (i CERTIFICATE OF SERVICE I do hereby state that on the _?L day of November 2004, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Mr. Julio J. Darvishi P.O. Box 235 Boiling Springs, PA 17007 ca ?? ?': C:,7 .L: c.? 'T" t :- ,,,,;,p. .s._ t, ?`+ ._..? -y'-' ? ?-, i ? ? ., 1Z F -?' ? ? t -f-1 ml t,?C7 C ?? ? w?' f?.,? fl` 1???i_o, -??? ?' 3 ,. s.` .. ? y.„ ? ? ? ? REBECCA A. ROSS-DARVISHI IN THE COURT OF COMMON PLEAS OF PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA V. JULIO JAY DARVISHI DEFENDANT 02-1269 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 16, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Thursday, December 16, 2004 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing; Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greew; Esq. mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? V? i ller?J ?O.1tC•l/ .._ Nn ? C : H P ?Z AON WQZ REBECCA A. ROSS-DARVISHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1269 CIVIL TERM JULIO JAY DA.RVISHI, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT' 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 14, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. 01 r RebecQ? A. Ross- arvishi Dated: /Z ?f?? r.` r, ' ?:? , , c-; C''"i -' __. - i. ?? -- ?... , 4 E •::; e ?I - , E _?,... f. ? f'? . ? - ?_. ? . . REBECCA A. ROSS-DARVISHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1269 CIVIL 'T'ERM JULIO JAY DARVISHI, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is finalized. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Re ca A. Ross-Darvishi Dated: F:\HOME\CAZ\FORMS\DIVORCE\AFFCON WA. WPD .....1 ?... ?} C_' =? C- ,-p 1. `i ? [ 1 ? G° ? I ? 1?:,. ?t .. ' _ ' t ?'. REBECCA A. ROSS-DARVISHI, PIalntlff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1269 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. December 116, 2004 JULIO JAY DARVISHI ,.. , r"_? ??_? i.?-v _`j ? ? -: 7 _r ?1 .',. i"','. ? r -'4' 4?? J? 4 i n:. .. REBECCA A. ROSS-DARVISHI, PIalntlff V. JULIO JAY DARVISNI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1269 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on March 14th 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. December, 2004 0C&<,. . I-fk s JULIO JAY DAR M HI t?> r. ?I ? ? ? - r" ? - - -, I ? I -'r- t _.._ ?'. (; ? C ,l '?, ? V REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - 1269 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. December I!k 20041 L ` JULIO JAY DARVISHI ? i r? 1? DEC 2 7 2004 REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant BAYLEY, J. --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of Co?? , 2QQL_-?, upon consideration of the attached Custody Conciliation Summaryeport, it is hereby ordered and directed as follows: following. This Court's Order of June 3, 2002 is VACATED and replaced with the 2. Legal Custody. The parties, Rebecca A. Ross-Darvishi and Julio Jay Darvishi, shall have shared legal custody of the minor child, Noah Arlen Abdi Darvishi, born July 28, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. However, in the event that there is a legal custody issuE: about which the parties have reached an impasse, Mother shall be permitted to make the final decision on the issue which decision shall be guided by the best interest of the child. However, her decision may be subject to later court review upon proper petition by Father. NO. 02-1269 CIVIL TERM 3. Physical Custody. Mother shall have primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. On alternating weekends from Saturday at Noon until Sunday at 2:00 p.m., effective December 18, 2004. B. At such other times as the parties agree. 4. Transportation. The parent receiving custody shall be responsible for providing transportation incident to the custodial exchange, In the event that either parent would be more than fifteen (15) minutes late for a custodial exchange, the parent receiving custody will promptly notify the other parent by cell phone. It is expected that this will occur rarely, such as in the event of poor road conditions or travel delays caused by traffic jams. In the absence of notice of the delay from the parent to receive custody and if the receiving parent does not arrive for the transfer of custody within twenty (20) minutes of the agreed upon time, the parent in custody shall have the right to make other plans and to assume that the receiving parent is not going to effect the period of custody provided by the Order. 5. Holidays. The parties have agreed to share custody for the following holidays: A. Father's Day / Mother's Day. Father shall have custody for Father's Day. Mother shall have custody for Mothe:r's Day. The parties will workout the specific details regarding the periods of custody for these holidays. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 12:00 p.m. until December 25th at 12:00 p.m. Segment B shall be from December 25th at 12:00 p.m. until December 26th at 12:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. C. New Year's Eve / New Year's Day. New Year's shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 31St at Noon until January 1 s at Noon. Segment B shall be from January 1St at Noon until January 2"d at Noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. NO. 02-1269 CIVIL TERM D. Birthdays. The parties will cooperate with each other to arrange for the child to spend time with Father on Father's birthday and on the child's birthday. 6. Each parent shall be entitled to two (2) non.-consecutive weeks of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. Neither party shall remove the child from Pennsylvania overnight without the express written agreement of the other parent at least thirty (30) days prior to the planned trip. 8. Relocation. In the event that either parent intends to relocate at a distance greater than the distance that they presently reside from each. other, the relocating parent will provide thirty (30) days notice of their intent to relocate along with a proposal of a modified custodial schedule, should one be necessary. In the absence of objection from the non-relocating parent within thirty (30) days of the mailing of the proposal and notice of relocation, the proposal shall be deemed acceptable to the non-rekcating parent. BY THE COURT: j 1 Edgar B. Ba. ley, J. \1 Dist: Jordan D. Cunningham, Esquire, PO Box 60457, Harrisburg, PA 17106-0457 Harold Irwin, III, Esquire, 64 S. Pitt Street, Carlisle, PA 17013 611 : { l ?,4I'q 0c 31G Y361 -' V...1j DEC 2 ? MN REBECCA A. ROSS-DARVISHI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM V. JULIO JAY DARVISHI, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Noah Arlen Abdi Darvishi July 28, 1999 CURRENTLY IN THE CUSTODY OF Mother 2. A Custody Conciliation Conference was held on December 16, 2004 following Mother's filing of a Modification of Custody Agreement and/or Contempt on November 4, 2004. Present for the conference were: the Mother, Rebecca A. Ross-Darvishi, and her counsel, Jordan D. Cunningham, Esquire; the Father, Julio Jay Darvishi, and his counsel, Harold Irwin, III, Esquire. 3. Despite their factual disputes, the parties reached greement in the form of Order as attached. i Date Melissa Peel Greevy, Esquire Custody Conciliator :241428 REBECCA A. ROSS-DARVISHI, Plaintiff JULIO JAY DARVISHI, V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL, TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 14, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. ARebe A. Ross- arvishi Dated: / Z /' ?/ REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is finalized. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Re ca A. Ross-Darvishi Dated: X F:\HOME\CAZ\FORMS\DIVORCE\AFFCON WA. WPD REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION •• LAW NO. 02 - 1269 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on March 14th 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. December , 2004 < ? Q i -." Z)/%, 'S U JULIO JAY DAR HI REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 1269 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. December) 4, 2004 L; YOz -.- U JULIO JAY DARVISHI REBECCA A. ROSS-DARVISHI, Plaintiff V. JULIO JAY DARVISHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1269 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Ground for divorce: irretrievable breakdown under §3301(c) or 3301(4)(1) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Defendant received the Complaint on March 23, 2002, via certified mail, return receipt requested as evidenced by attached copy of USPS receipt. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff: December 16, 2004 Defendant: December 16. 2004 (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A 4. Related claims pending: N/A (Complete either Paragraph (a) or (b)). (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: NIA (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 16, 2004 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 16, 2004 Respectfully submitted, P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 Dated: January 12, 2005 2320 North Second Street Direct Query - Intranet ( Page 1 of 1 This item was delivered on 03123/200:2 at 08:25. Signature: td ??S?'1,r1 Address: r Lein Number, Inquire on rnkWja +tYs¢ns, Go to the Product Tracking System Home Page. http://pts. usps. gov/netdata-egi/db2www/cbd_242. d2w/IMG 3/26/02 Direct Query - Intranet - "Quid-" Search 11Destination IP Code: City: MOUNT HOLL? State: Origin ZIP Code: City: State: Event Date Time Location DELIVERED 0312312002 08:25 MOUNT HOLLY SPRINGS PA NOTICE 03/19/2002 11:18 MOUNT HOLLY SPRINGS PA '. Rim IWm Vumbcr. by Inquire on nxxtltip_;e itt +s. Go to the Product Tracking System Home Pa e. Page I of I http://pts.usps.gov/netdata-egi/db2www/cbd_242.d2w/OUTPUT 3/26/02 CERTIFICATE OF SERVICE I do hereby state that on the 12th day of January 2005, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 J, 1 !y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. REBECCA A ROSS-DARVISHI Plaintiff No. 02-1269 civil Tprm VERSUS JULIO JAY DARVISHI Defendant DECREE IN DIVORCE AND NOW, ?? 2005 IT IS ORDERED AND DECREED THAT REBECCA A. ROSS-DARVISHI PLAINTIFF, AND JULIO JAY DARVISHI DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY TH'E COU ATTEST: J. PROTHONOTARY ?may°?l fv ,yi i ? S?? ?? ? ??? >? ? - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA wecc Plaintiff Vs File No. 2 ' 44 9 IN DIVORCE ?vLlo ?r?/ ,?'?V/shy Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or t,?afler the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of ?os S , and gives this written notice av wing his / her intention pursuant to a provisions of 54 P. S. 704. ? /q z - Date: ? / Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF Ca*.d rr/ate o? ) On the 4144A day of 2002 before me, the Prothonotary or the notary Dublic, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Prothonotary or Notary Public X11 rARY FWW QARlJI?.f WNGLAND COUNTY CMMTMM wnr auss0 JANUARY 4, 2010 w NO ?C k ,> t q ! y s:? Ai A :t r .y`