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HomeMy WebLinkAbout06-3611 SAlOIS, FLOWER & UNDSAY A..UIII'OOI!.Il'lOAI'lAW 26 West High Street Carlisle,PA CHAD J. PETROVICH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 (, .3'- /1 Ci..;..( -r u-, IN CUSTODY v. KIMBERLY A. PETROVICH Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Chad J. Petrovich, an adult individual currently residing at 202 Faith Circle, Carlisle, Pennsylvania, 17013. 2. The Defendant is Kimberly A. Petrovich, an adult individual currently residing at 277 Plaza Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are the parents of two children namely: Autumn Marie Petrovich born 3/29/2001 and Christian Jaymz Petrovich born 6/29/2004. The children were born during wedlock. 4. The children are presently in the custody of the Defendant. 5. During the past five years, the children have resided with the following persons and at the following addresses: NAME ADDRESS FROM/TO Plaintiff and Defendant 109 N. Baltimore Ave. Mt. Holly Springs, PA 2000-1 0/07/2005 Defendant 109 N. Baltimore Ave. Mt. Holly Springs, PA 10/07/2005-11/2005 Defendant 277 Plaza Drive Carlisle, PA 11/2005 - Present .. 6. The mother of the children is Kimberly A. Petrovich, currently residing as aforesaid. She is married. 7. The father of the children is Chad J. Petrovich, currently residing as aforesaid. He is married. 8. The relationship of the Plaintiff to the children is that of father. The Plaintiff currently resides with his parents, Bob and Roxanne Petrovich. 9. The relationship of the Defendant to the children is that of natural mother. The Defendant currently resides with the children at issue. 10. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the children in this or another jurisdiction. 11. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served SAlOIS, FLOWER & UNDSAY A1IUIl....,..........(AW by granting the relief requested because: a. During the parties' marriage and prior to the separation, Plaintiff 26 West High Street Carlisle,PA was at least equally involved in the care and upbringing of the children. b. Plaintiff is equally capable of providing for the care and welfare of the children. . SAIDIS. FLOWER &. LINDSAY Al"""""UMI.I".A'H 26 West High Street Carlisle, PA c. Plaintiff currently exercises custody of the children one evening per week and every other weekend. d. Plaintiff would like to exercise custody of the children more frequently. e. Plaintiff desires a schedule which will allow him to see the children on a more frequent and regular basis. WHEREFORE, the Plaintiff requests this Court to grant him shared physical custody ofthe children. Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY Dated: ~/Z3/0~ t)..k.l Ma Attorne d.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff . ., . VERIFICATION verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904, relating to unsworn falsifications to authorities. Date:~ ~ ;;?-a)C J ~/~ Chad J. Petrovich SAIDIS, ROWER & LINDSAY AlIUKl'mmoAl'lAW 26 West High Street Carlisle,PA CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law finn of SAlOIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via certified mail, retum receipt requested, postage prepaid, addressed as follows: Douglas G. Miller, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 SAlOIS, FLOWER & LINDSAY / ~ ~ (J "~ 7d C ~-::J C) r:j..... -n f:. - :;;:I - ~\~G\ }...) . f'c) - ~ 0- 0"\ ~ [.;~ \ ~ {) ~ C) ~ ~ ->>- ),:n -0 .. ---", C.,'- - "-,.-, 1'" - ::<: 1 . CHAD J. PETROVICH PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3611 CIVIL ACTION LAW KIMBERLY A. PETROVICH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 30, 2006 , 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, July 25, 2006 at 10:3!,_ 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 he 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 tbe 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/ Tacqueline M. Verney, Esq.----lJ.U\.- Custody Conciliator f' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 (7 I 7) 249-3 I 66 , yt, ~ 4.M? ~ /b~tJrI b~ 7f v _ .'''''tJ 10'(}[.1 W'11/ ~ '9 ~~ 1(}'~''l ~ - f" $- /fJ'~'" 4;. /"? "lIP' tJi' "l ';:';,'\~J .n',~' ,;".,\, f' C' \..\j \_~~'~,.'" ,-,"".. CHAD J. PETROVICH, Plaintiff I AUG 2 3 2006 BY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ V. : NO. 2006-3611 CIVIL ACTION - LAW KIMBERLY A. PETROVICH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this $'I day of U.tt..~ ' 2006, upon consideration of the attached Custody Conciliati Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room N~ ~Cumberland County Court House, on the ,q-f/ day of (P~/. ,2006, at d: tJO o'clock, L. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Chad J. Petrovich and the Mother, Kimberly A. Petrovich, shall have shared legal custody of Autumn Marie Petrovich, born March 29, 2001 and Christian Jayrnz Petrovich, born June 29, 2004. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms ofPa.C.S. ~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school \ilH'IAlASNN3d I 'Nnr'.'." .'0"'" ,."....~...."(\I'\ ~ \,J ",.} "'-'-:''fl!lh,J 92 :9 ~JV I C ~rw 9GGZ \ I U\<1('" ,c-"., .' , , , -Hi '0 N';;'~ )~\.;',,)., ."j,,k.Jo.::r :J. 3~}i:j:.:O~{)3l\j pictures, extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. 4. Mother shall have primary physical custody of the children. 5. Father shall have the following periods of partial physical custody of the children beginning September 4, 2006: A. On alternating weekends from Fridays at 6:00 p.m. to Mondays at 6:00 p.m. Father shall pick up the children at rnaternal grandmother's house on Fridays and return the children to daycare or school on Monday mornings. In the event that the children are sick or cannot attend daycare or school on Monday, Father shall be responsible for obtaining care for them. B. Every Tuesday or Wednesday, depending on Father's work schedule, from 6:00 p.m. when Father shall pick up the children from maternal grandmother's house until the next morning when Father shall drop the children at daycare or school. C. Such other times as the parties agree. 6. Holidavs: A. Thanksgiving. Father shall have physical custody of the children from 8:00 a.m. to 2:00 p.m. B. Christmas. Father shall have physical custody of the children on Christmas Eve and Christmas Day from 8:00 a.m. to 2:00 p.m. C. Easter. Father shall have physical custody of the children from 8:00 a.m. to 2:00 p.m. D. Mother's Day/Father's Day. Mother shall have physical custody of the children on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have physical custody of the children on Father's Day from 8:00 a.m. to 6:00 p.m. E. Labor Day weekend. Father shall always have physical custody on Labor Day weekend from Friday at 6:00 p.m. to Monday at 6:00 p.m. In the event that this is Mother's weekend in the alternating weekend schedule, Father shall provide a makeup weekend to Mother. F. Memorial Day weekend. Mother shall always have physical custody of the children on Memorial Day weekend from Friday at 6:00 p.m. to Monday at 6:00 p.m. In the event that this is Father's weekend in the alternating weekend schedule, Mother shall provide a makeup weekend to Father. G. July 4th. Father shall always have physical custody of the children on July 4th from 8:00 a.m. to 2:00 p.m. H. New Year's Day. Father shall always have physical custody of the children on New Year's Day from 8:00 a.m. to 2:00 p.m. 7. The non-custodial parent may call the children every day around 7:30 p.m. 8. Neither party may smoke, nor permit third parties to smoke in the presence of the children. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc~ Lou Matas, Esquire, counsel for Fath .,>>ouglas G. Miller, Esquire, counsel for Mother 4d J. ';:\D~ ~P' o CHAD J. PETROVICH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3611 CIVIL ACTION - LAW KIMBERLY A. PETROVICH, Defendant : IN CUSTODY PRIOR JUDGE: None 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 are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Autumn Marie Petrovich Christian Jayrnz Petrovich March 29, 2001 June 29, 2004 Mother Mother 2. A Conciliation Conference was held August 22, 2006 with the following individuals in attendance: The Father, Chad J. Petrovich, with his counsel, Mary Lou Matas, Esquire, and the Mother, Kimberly A. Petrovich, with her counsel, Douglas G. Miller, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and shared physical custody, having alternating weekends Friday to Monday and two overnights during the week, giving him 14 overnights out of28 every month. He is willing to accept 12 overnights out of28 possible days in a month. Father maintains that he is able to provide a loving, nurturing care to the children. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the children. She is unwilling to agree to 12 overnights per month. She is willing to agree to 10 overnights out of28. She asserts that Father and paternal grandmother smoke in front of the children and the younger child has asthma. She also maintains that Father works two jobs and would not be available to care for the children. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having ten (10) overnights out of twenty-eight (28). It is expected that the Hearing will require one-half day. 'g'-t.-z-ol, Date cq ine M. Verney, Esquire Custody Conciliator -. CHAD J. PETROVICH, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA NO.: 2006-3611 KIMBERLY A. PETROVICH, Defendant IN CUSTODY MOTION FOR A CONTINUANCE AND NOW, comes the Defendant, Kimberly A. Petrovich, by and through her attorneys, Irwin & McKnight, and files this Motion for a Continuance, averring as follows: 1. This matter was originally listed for a hearing on October 19, 2006. 2. By Order of Court dated August 30, 2006, Pre-Hearing Memorandums were required to be filed on or before October 9,2006. 3. Defendant has advised that her parents and the parties' oldest child, Autumn Petrovich, will be on vacation at the time of the hearing. 4. Both Plaintiff and Defendant agreed, in writing, to allow their child to accompany her grandparents on this trip. 5. Defendant's counsel had planned on calling either one or both of Defendant's parents to testify at the hearing, as many of the custody exchanges occur at their residence and in their presence. 6. Defendant's counsel also considered calling Autumn Petrovich to testify or speak with the Court at the hearing on October 19, 2006. 7. In addition, legal counsel for the parties have agreed to meet to determine whether a settlement agreement can be reached, thereby eliminating the need for a trial. 8. A short continuance will allow the parties additional time to determine whether a 9. settlement can be reached. These grounds for continuance were not known by the undersigned at the time this matter was scheduled for hearing. 10. No other continuance in this matter has been requested by the undersigned~ and legal counsel believes and therefore avers that a new hearing date can be expeditiously obtained in this matter. WHEREFORE, the Defendant, Kimberly A. Petrovich., submits this Motion in accordance with Pa.R.Civ.P. No. 216 and respectfully requests that the hearing in this matter currently scheduled to commence on October 19~ 2006 at 2:00 p.m., be promptly rescheduled. Respectfully Submitted, IRWIN & McKNIGHT By: Douglas . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant Date: October 6,2006 2 '.. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MARYLOU MATAS, ESQUIRE 26 WEST HIGH STREET CARLISLE, PA 17013 Date: October 6, 2006 IRWIN & McKNIGHT ougla . Miller, Esquire Supreme Court 1.0. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 o C -;,::;;' '" e-;:'li C:::l ('Je""\ o 11 ~ ::I: "Tl nlp .....t': f~n ~!~ ~~ :.: 2~ :5~ ;:--1 ~b .< C) () --l I 0'"'\ -n -~ w f') Co'") r .. 0\ p' , J OCT 0 9 ZO~ CHAD J. PETROVICH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 2006-3611 KIMBERLY A. PETROVICH, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this I()-t/ day of ~ ,2006, upon consideration of the Defendant's Motion for Continuance, it is hereby Ordered that the Defendant's Motion is r.2 (}-tI granted, and a new hearing date is scheduled for the ~ .2006,atl:30o'c!ock-l-.m. BY THE COURT, 41L day of J. ~: '~r~.~fnr"1 '-,:,; ~11.J 6S :01 O I l ,"<1') onOl .'..JU ;uu CHAD J. PETROVICH, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-3611 KIMBERLY A. PETROVICH Defendant IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between CHAD J. PETROVICH (hereinafter referred to as "Father") and KIMBERLY A. PETROVICH (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of the following two (2) children: Autumn Marie Petrovich (born 03/29/01); Christian Jaymz Petrovich (born 06/29/04); (hereinafter referred to as "Children"). WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Father and Mother shall have shared legal custody of the children. Each parent shall have an equal right to be exercised jointly with the other parent to make all major non-emergency decisions affecting the children's general well being including but not limited to all decisions regarding their health, education and religion. Pursuant to the terms of PA.C.S.~5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical treatment planning, meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extra curricular activities, children's parties, musical presentations, back to school nights and the like. 2. The parties shall share physical custody of the children on an alternating weekly basis with custody exchanges occurring on Friday afternoons at 5:30 p.m. The regular custody exchange points shall be at the Target Store in Carlisle. It is anticipated that Mother shall pick up the children during Father's week of custody, Monday through Friday, at approximately 3:30 p.m. and shall retain custody until 5:30 p.m. at which time she will meet Father at the Target Store for Father to begin his period of custody. 3. If the custodial parent is unable to provide care for the children for a period of time exceeding two hours during their regular period of custody, they will offer the right of first refusal to provide care to the non-custodial parent, before finding alternate childcare. In the event that the custodial parent will be unavailable to provide care for a period of time that will extend past 7:30 p.m. on a school night, the non-custodial parent who exercised the right of first refusal shall keep the children overnight until the next scheduled custody exchange. Father acknowledges that at the time this Custody Agreement is entered into by the parties, he has both a full time and a part time job. Father will provide his part time job work schedule to Mother when he receives that. If Father is working his part time job during evening periods or weekend periods when he has custody of the children, Mother will have the right of first refusal to provide care for the children during Father's period of employment. 4. Holidavs: A. Thanksgiving. Father shall have physical custody of the children from 8:00 a.m. to 2:00 p.m. B. Christmas. Father shall have physical custody of the children on Christmas Eve and Christmas Day from 8:00 a.m. to 2:00 p.m. C. Easter. Father shall have physical custody of the children from 8:00 a.m. to 2:00 p.m. D. Mother's Day/Father's Day. Mother shall have physical custody of the children on Mother's day from 8:00 a.m. to 6:00 p.m. Father shall have physical custody of the children on Father's Day from 8:00 a.m. to 6:00 p.m. E. Labor Day Weekend. Father shall always have physical custody on Labor Day weekend from Friday at 6:00 p.m. to Monday at 6:00 p.m. In the event that this is Mother's weekend in the alternating weekend schedule, Father shall provide a makeup weekend to Mother. F. Memorial Day Weekend. Mother shall always have physical custody of the children on Memorial Day weekend from Friday at 6:00 p.m. to Monday at 6:00 p.m. In the event that this is Father's weekend in the alternating weekend schedule, Mother shall provide a makeup weekend to Father. G. July 4th. Father shall always have physical custody of the children on July 4th from 8:00 a.m. to 2:00 p.m. H. New Year's Day. Father shall always have physical custody of the children on New Year's Day from 8:00 a,m. to 2:00 p.m. I. Transportation for holiday exchanges shall be shared so that Father shall pick up the children at Mother's or maternal grandparent's residence at the beginning of his periods of custody, and Mother shall pick up the children at Father's residence or another designated residence at the end of Father's period of custody. 5. Vacations. Each party shall be entitled to exercise custody of the children for a one (1) week vacation period. This shall be scheduled to begin on the vacationing parent's own week of custody and shall be scheduled without interruption from the other parent. In the event the vacationing parent's vacation extends for a period of time past seven (7) days, the parties agree to be flexible so that the children may enjoy a longer vacation, but not to extend past ten (10) days. In that event however, the vacationing parent agrees to provide make-up time to the non- vacationing parent who may be giving up his or her days of custody. 6. If either party travels out of state with the children, that parent will provide appropriate contact information to the non-custodial parent which will include a telephone number and hotel information if available. 7. Counselina. The parties intend to participate in co-parenting and communication counseling. The parties will select and agree upon a counselor after reviewing the list of approved counselors covered by Father's insurance company, which Father shall provide to Mother within ten (10) days of execution of this Stipulation. In the event that insurance for either party is not available to cover the primary costs of counseling, the parties agree to cooperate in attempting to locate a mutually agreeable alternative counselor. The parties shall follow the recommendations of the counselor as to the frequency of the visits, unless there is not insurance coverage and the parties are not able to afford the expenses of additional visits. Insurance co-payments or similar expenses shall be divided equally between the parties. The purpose of the counseling shall be to be to assist the parties in developing sufficient communication and cooperation to enable them to effectively co-parent their children. 8. Telephone Calls. Both parents agree and understand that telephone calls are important for the parents and for the children. It is understood that Mother will attempt to call the children each evening around 7:30 p.m. Father will attempt to contact the children while they are with the babysitter. 9. In the event that the children are sick or can not attend daycare or school, the parent who has custody of the children shall be responsible for obtaining care for them. 10. Income Tax. Mother shall claim both children as tax dependants for the tax year 2006. Father will claim the child, Autumn, as a dependant for the tax years 2007 and all years thereafter and Mother will claim the child, Christian, as a dependant for tax years 2007 and all years thereafter. 11 . The parties shall keep each other advised in the event of serious illness or medical emergencies concerning the children and shall further take any necessary steps to ensure that the health and well-being of the children is protected during such illness or medical emergency which might require hospital care. Both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 12. Neither parent shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. 13. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 14. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child. 15. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 16. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: II ~~~yt ~ad~rovich ~iI~ ~~U- Kimberly A. Petrovich COMMONWEALTH OF PENN8YL VANIA: 1 .. . : 88 COUNTY OF ({(/JI.a'L10 /1 ~ : On this ole~" day :f -.heec or.lx \ , 2006, before me, the undersigned officer, personally appeared CHAD J. PETROVICH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my~and and ~fficial s~ COMMONWEALTH OF PENNS VANIA ~. 96lv/'J /7 ,r. ]+u~ ! Notarial Seal otary Public ~. i, K~ren S. Noel, Notary Public ! . l-&rh~le Boro, Cumberland County L.~~'~v_:~~2.n.:ission Expires Dec. 8, 2007 COMMONWEALTH OF PENN8YL VANIA: COUNTY OF (!Ct/!lJ2fi'/ ('~d. : 88 , On this 2,(}JL day OffrCYJ /Y7!:y!/1 , 2006, before me, the undersigned officer, personally appeared KIMBERLY A. PETROVICH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal 1/ /) .1 I' , ':..::!,~J.:>:~tiJ:~XH OF PENNSYLVANIA :'lotarial Seal I' ".":,, K Noel, Notary Public , .' ':ih; l~or", Cum~er1and County I 'I ).~'t.~~.~~on ExpIres Dec. 8, 2007 . Dfe Jl2006,~1 ~ CHAD J. PETROVICH, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-3611 KIMBERLY A. PETROVICH Defendant IN CUSTODY ORDER OF COURT AND NOW, this L'. day of ~ , 2006, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: / .A~ J. cc: A'ryIOU Matas, Esquire _/ Attorney for Plaintiff ,)Oouglas G. Miller, Esquire Attorney for Defendan . . ~ 91 : II [,1\1 l.2 JJO 900l