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HomeMy WebLinkAbout02-2008MICHAEL L. PETROVICH, Plaintiff MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. ,¢2- o70C : : CIVIL ACTION - LAW : IN DIVORCE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are wamed that if you fail to do so, the case may proceed without you and a Decree in 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 the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, 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, Pennsylvania 17013 Phone: (717) 249-3166 MICHAEL L. PETROVICH, Plaintiff MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. (~-- 060c~ : : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABII,ITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary MICHAEL L. PETROVICH, Plaintiff MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NoC - e( : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiffis Michael L. Petrovich, who currently resides at 202 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Melissa J. Petrovich, who currently resides at 923 South Madison Drive, Pensacola, Escambia County, Florida 32505. 3. Plaintiff has been a bona fide resident of the Commonwealth since October of 2000, and Defendant resides in the State of Florida. 4. Plaintiff and Defendant were married on July 1, 1994, in San Diego, California. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since October 15, 2000. 10. Plaintiffrequests the Court to enter a Decree in Divorce. WHEREFORE, the Plaintiffrequests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. JAMES, SMITH, DURKIN & CONNELLY Date 0/~-0;:~' By: 1, Jr..Esquire \ Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 I very ~at the statemea~s made in thi~ Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pm C.S. Sectioa 4904, rela~iag to uaswora £alsi~cation to authorities. Michael r~ .Petrovich, Plaintiff CT. MICHAEL L. PETROVICH, Plaintiff Vo MELISSA J. PETROVICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA :No. 0o - CIVIL ACTION - LAW IN DIVORCE Michael L. Petrovich, social security no. 175-64-7099 Melissa J. Petrovich, social security no. 435-73-0475 MICHAEL L. PETROVICH, PLAINTIFF MELISSA J. PETROVICH, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 2008 : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Melissa J. Petrovich, accept service of the Divorce Complaint. Defendant therein. Mehssa J. eetro~,lI~efendant MICHAEL L. PETROVICH, Plaintiff MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2008 : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT p. ND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 24, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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 verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: ~ ~- o~t~)-i0o~ Michael L. Petrovich, Plaintiff MICHAEL L. PETROVICH, Plaintiff MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2008 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER _1}3301(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 conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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.A. Section 4904, relating to unswom falsification to authorities. Date: Michael L. Petrovich, Plaintiff MICHAEL L. PETROVICH, Plaintiff MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2008 : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 24, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed f~om the date of both the 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. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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. unswom falsification to authorities. Date: ~'-/~ -L~c~ 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.A. Section 4904, relating to ~Me~ee~ ~, efe~n~t~ MICHAEL L. PETROVICH, Plaintiff MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2008 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(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 ifI do not claim them before a divorce is granted. 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.A. Section 4904, relating to unsworn falsification to authorities. MICHAEL L. PETROVICH Plaintiff MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02- 2008 : : CIVIL ACTION- LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: May 6, 2002 by Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff August 20, 2002 Defendant: August 16, 2002. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: No claims were filed. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: August 20, 2002; by Defendant: August 16, 2002. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. JAMES>SMITH, DURKIN & ~h~'l~Y ~hn~. !o/ane[ly,~'J~r., Esquire A~tom¢ 5~or !]laintiff Po~ [fl~L]/~ox 650 Hersh-~ PA 17033 (717) 533-3280 PA I.D. No. 15615 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this o~tgz~/L day of ~2UJ~/_~ ,2002, by and between MICHAEL L. PETROVICH, hereinafter called "Husbar~d", and MELISSA J PETROVICH, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on July 1, 1994; 5 ~ ~'~ WHEREAS, two children were bom of this marriage, Gabriel M. Petrovich, date of birth March 28, 1998, and Jason P. Petrovich, date of birth June 13, 2000; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and married, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 4. CUSTODY AND VISITATION. At the present time, Husband is residing in Carlisle, Cumberland County, Pennsylvania, and Wife is residing in Pensacola, Florida. It is the intent of the parties, and has been their practice since August 2001, to share both legal and physical custody of the minor children, Gabriel M. Petrovich, born March 28, 1998, and Jason P. Petrovich, born June 13, 2000. To that end, Husband has had physical custody of the children since June 11, 2002 and that custody will continue until approximately August 6, 2002. The children will then be returned to Wife who will have physical custody from August 6, 2002, until approximately December 28, 2002, when Husband will again take physical custody of the children until both parties relocate to the Virginia Beach, Virginia area. The move to the Virginia Beach area is anticipated to occur in March/April of 2002. After both parties have relocated to Virginia Beach, the parties will continue to share physical custody on an equal basis. One parent will have Monday and Tuesday of each week, the other parent Wednesday and Thursday and the parties will alternate the weekends. They will also alternate major holidays and each party will be entitled to a vacation with notice to the other party. Both Husband and Wife agree that neither party will attempt to file any actions to secure primary physical custody pending the parties' relocation to Virginia Beach. Both parties have committed to the said relocation and the relocation is the basis of to the commitments made in this paragraph by each party. In the event either party refuses to relocate to Virginia Beach, either party shall have the right to file any action necessary to establish a custodial arrangement taking into account the distance existing between the parties at the time an action is filed. So long as the parties continue to share custody on an equal basis, Husband will pay the Wife the sum of Three Hundred Twenty Five ($325.00) Dollars per month. The said support amount is subject to modification based on a change in circumstances. 6. MOTOR VEHICLES. Husband shall retain ownership of the 1990 Honda Civic with a balance of approximately $4,000.00 to American General Finance. Husband shall be responsible for the debt to American General Finance and shall indemnify and hold Wife harmless on said debt. Wife shall retain ownership of the 1994 Chevrolet Cavalier acquired by Wife after the separation of the parties. 7. APPLICABILITY OF TAX LAW TO PROPERY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 8. ASSUMPTION OF DEBTS. Husband shall assume responsibility for the debt to Ford Motor Credit in the amount of approximately $8,300.00 and shall indemnify and hold Wife harmless on the said debt. 9. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her fights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 10. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 11. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 12o Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not 6ontract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 13. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 14. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes, any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. REPRESENTATION. It is recognized by the parties hereto that Husband is represented by John J. Counelly, Jr., Esquire, and Wife is unrepresented by counsel and has the right to have this Agreement reviewed by counsel of her choosing prior to signing this Agreement. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the tenx~g hereof. 16. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 19. MODIFICATION AND WAIVER. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 21. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 22. 3LQIILCI,A!JBE~. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 24. DIVORCE ACTION. It is the intent of the parties that Husband shall file a divorce action in the Court of Common Pleas, Cumberland County, Pennsylvania, alleging irretrievable breakdown, Section 3301 of the Divorce Code. At the end of the statutory waiting period, each party agrees that they shall execute Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree permitting the divorce to conclude at the earliest possible date. 25. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: Michael L. Petrovich COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : personally appeared Michael L. Petrovich, known to me to be the person whose name is subscribed to the w/thin Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF FLORIDA : · : SS. COUNTYOF ~'-.~c~q~qb rCA. : NOTARY lq~rBLICL NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires~_, 2?~JFeb. 9, 2004 Onthis, the [{t9 dayof ~,/~C~ ,2002, beforeme, aNotaryPublic, personally appeared Melissa J. Petrovich, known to me to be the person whose name is subscribed to the w/thin Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MYCOMtv~SSDfl, CC~?,~2 ~ ~,,"~ ~anuary 2~, NOTARY PUBLIC IN THE COURT OF COMMON PLEAS OFCUMBERL~NDCOUNTY STATE OF MICHAEL L. PETROVICH Plaintiff VERSUS MELISSA J. PETROVICH Defendant .PENNA. NO. 02 - 2008 DECREE IN DIVORCE AND NOW, DECREED THAT AND Michael L. Petrovich Melissa J. Petrovich , ~0~, IT IS OrDErED AND , PLAINTIFF, , 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 The attached Property Settlement Agreement is hereby incorporated, but not merged, into this Decree in Divorce. BY The COUrt: / ROTHONOTAR~ MICHAEL L. PETROVICH, Plaintiff Vo MELISSA J. PETROVICH, Defendant · CIVIL ACTION - LAW · IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM CUSTODY STIPULATION & AGREEMENT THIS TEMPORARY STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between MICHAEL L. PETROVICH, (hereinafter referred to as "Father") and MELISSA .]. PETROVICH, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of two children, namely Gabriel M. Petrovich, born March 28, 1998 and Jason P. Petrovich, born June 13, 2000, (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart, and wish to enter into a temporary stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Father and Mother shall exercise shared legal custody of the children. Father and Mother shall exercise shared physical or residential custody of the children as follows: Mother shall exercise physical custody of the children from approximately April 26, 2003, through June 7, 2003; o o b. Father shall exercise physical custody of the children from approximately June 7, 2003, through July 19, 2003; c. Mother shall exercise physical custody of the children from July 19, 2003, through August 30, 2003; d. Father shall exercise physical custody of the children from August 30, 2003, through October 11, 2003; e. The parties shall continue to alternate physical custody of the children on a six week rotating schedule until further Order of Court or agreement of the parties. The parties shall share transportation and will exchange custody of the children at a neutral location in Tennessee. In the event the parties agree to share transportation in another fashion, the parties shall share any costs of flying or other means of transportation and will share any driving distance. The parties shall notify each other of telephone numbers and addresses where they may be residing or visiting with the children during their temporary periods of custody. Each party shall be entitled to enjoy reasonable telephone contact with the children while they are in the physical custody of the other parent. The parties stipulate that this Agreement is temporary in nature and that Father shall immediately initiate a custody action in the Court of Common Please of Cumberland County, Pennsylvania, which Court does, in fact, have jurisdiction over the issue of the custody of the parties' minor children. Mother shall participate in the custody 10. 11. conciliation conference and shall ensure that the children shall be returned to Cumberland County, Pennsylvania to participate in a custody hearing if the children are in her physical custody at the time the hearing is scheduled. The parties anticipate that they will participate in a custody hearing prior to the start of the 2003-2004 school year to establish more long term custody arrangements. In the event the parties have not participated in a custody hearing by that time, the above schedule shall prevail. The parties shall share custody of the children on an equal basis if they should reside in the same school district. 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, 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. 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. The parties desire that this temporary Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, pending further Order of Court or agreement of the parties. APR 2S 8883--10:89 PM FR MARRIOTT~ ,~WATERFRONT.~-o-.~ 8171 ?~4350S~ 13. P.OG TOTtO_ ;~, ~-, TOTAL PAGE.OG ~ MICHAEL L. PETROVICH Plaintiff Vo MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-2008 CIVIL TERM : IN DIVORCE PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Michael L. Petrovich, by and through his legal counsel of record, Marylou Matas, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: Your Petitioner is the above-named Plaintiff, Michael J. Petrovich, an adult individual currently residing at 202 Faith Circle, Carlisle, Cumberland County, Pennsylvania. Your Respondent is the above-named Defendant, Melissa J. Petrovich, an adult individual currently residing at 725 Colbert Avenue, Pensacola, Florida. The parties are the natural parents of two children, namely, Gabriel M. Petrovich, bom Mary 28, 1998, and Jason P. Petrovich, born June 13, 2000, (hereinafter referred to as "children"). The parties are subject to an agreement for custody outlined in the parties' Property Settlement Agreement, dated August 20, 2002, which is incorporated into the parties' Decree in Divorce dated September 6, 2002. A copy of said Agreement is attached hereto and incorporated herein by reference as Exhibit "A". A copy of said Decree is attached hereto and incorporated herein by reference as Exhibit "B". o o o 10. 11. 12. The parties' prior custody agreement provided for the parties to move to Virginia Beach, Virginia in the spring/summer of 2003, and to share physical custody of the children on an equal basis at that time. In or about March 2003, Respondent indicated to Petitioner that she would not move to Virginia Beach, Virginia, as set forth in the parties' Property Settlement Agreement. The parties' older child will start kindergarten in the 2003-2004 school year. Petitioner desired the entry of a new agreement, to provide for continuing custody arrangements past the time of March/April 2003, which would provide him with primary physical custody during the school year, pending any time when the parties would reside in the same district and could share physical custody on an equal basis. Respondent has indicated that she, too, desires the entry of a new agreement to provide for continuing custody arrangements, but that she also desires primary physical custody of the children during the school year. Petitioner does not believe that Respondent has the ability to provide for the children. Petitioner has been and is able to continue to provide for the children's physical, financial and emotional needs. Petitioner is better capable of providing a stable and consistent environment for the children's continuing educational needs. 13. Petitioner has enrolled the parties' older children in kindergarten for the 2003-2004 school year in the district in which he resides. 14. Petitioner is willing to share custody of the children with Respondent in such a way so that Respondent shall exercise custody of the children during the summer and other school breaks and that Petitioner shall exercise custody of the children during the school year. 15. It is in the best interest and permanent welfare of the children to provide Petitioner with primary physical or residential custody of the children and set forth expanded periods of partial physical custody for the Respondent. 16. Petitioner and Respondent negotiated a temporary Custody Stipulation and Agreement, signed by the parties' counsel on April 25, 2003 and filed contemporaneously with this Petition, to provide for the parties to continue to share physical custody of the children pending a full hearing on the issues raised in this Petition. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference at which time an order should be entered providing him with shared legal and primary physical custody of the children. Respectfully submitted, Marylb'~u/~jttas, Esquire Attorney f~r Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. MICHAEL L. PETROVICH, Plaintiff/Petitioner PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this c:~tg;~/~ day of ~O~ Z~ , 2002, by and between MICHAEL L. PETROVICH, hereinafter called "H~sban~"~and MELISSA J. PETROVICH, hereinafter called "Wife". WITNESSETIt: WHEREAS, Husband and Wife were legally married on July 1, 1994; WHEREAS, two children were bom of this m~riage, Gabriel M. Petrovich, date of birth March 28, 1998, and Jason P. Petrovich, date of birth June 13, 2000; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other;' and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or de. em fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. Each of the parties hereto completely understands and agrees that neither shall EXHIBIT' A" do or say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 3. DMSION OF PERSONAL PROPERTY_. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 4. CUSTODY AND vISITATION. At the present time, Husband is residing in Carlisle, Cumberland County, Pennsylvania, and Wife is.residing in Pensacola, Florida. It is the intent of the parties, and has been their practice since August 2001, to share both legal and physical custody of the minor children, Gabriel M. Petrovich, born March 28, 1998, and Jason P. Petrovich, born June 13, 2000. To that end, Husband has had physical custody of the children since June 11, 2002 and that custody will continue until approximately August 6, 2002. The children will then be returned to Wife who will have physical custody from August 6, 2002, until approximately December 28, 2002, when Husband will again take physical custody of the children until both parties relocate to the Virginia Beach, Virginia area. The move to the Virginia Beach area is anticipated to occur in March/April of 2002. After both parties have relocated to Virginia Beach, the parties will continue to share physical custody on an equal basis. One parent ,Mil have Monday and Tuesday of each week, the other parent Wednesday and Thursday and the parties will alternate the weekends. They will also alternate major holidays and each party will be entitled to a vacation with notice to the other party. Both Husband and Wife agree that neither party will attempt to file any actions to secure primary physical custody pending the parties' relocation to Virginia Beach. Both parties have committed to the said relocation and the relocation is the basis of to the commitments made in this paragraph by each party. In the event e:[ther party refuses to relocate to Virginia Beach, either party shall have the right to file any action necessary to establish a 2 custodial arrangement taking into account the distance existing 'between the parties at the time an action is filed. 5. CHILD SUPPORT. So long as the parties continue to share custody on an equal basis, Husband will pay the Wife the sum of Three Hundred Twenty Five ($325.00) Dollars per month. The said support mount is subject to modification based on a change in circumstances. 6. MOTOR VEHICLES. Husband shall retain ownership of the 1990 Honda Civic with a balance of approximately $4,000.00 to American General Finance. Husband shall be responsible for the debt to American General Finance and shall indemnify and hold Wife harmless on said debt. Wife shall retain ownership of the 1994 Chevrolet Cavalier' acquired by Wife after the separation of the parties. 7. APPLICABILITY OF TAX LAW TO PROPERY TRANSFERS;. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documems required by the Internal Revenue SerV:[ce to render the Act apPlicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 8. ASSUMPTION OF DEBTS. Husband shall assume responsibility for the debt to Ford Motor Credit in the amount of approximately $8,300.00 and shall indemnify and hold Wife harmless on the said debt. 9.. BREAC_ _H. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for ~uch breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 10. FULL DISCLOSURE, Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 11. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonable incurred as a result of such failure. 12. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not c'ontract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 13. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties'-separation he has not and in the future he will not contract or incur any debt or liability for which. Wife or her estate might be responsible and Shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 14. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any . way, and each party hereby waives and relinquishes, any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, fight to take in intestacy, fight to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, fights and claims. 15. REPRESENTATION. It is recognized by the parties hereto that Husband is represented by John J. Connelly, Jr., Esquire, and Wife is unrepresented by counsel and has the right to have this Agreement reviewed by counsel of her choosing prior to signing this Agreement. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact oft/tis Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 16. _VOLUNTARY EXECUTION_. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. _PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 19. MODIFICATION AND WAIVER_. Any modification or waiver of any provision of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. GOVERNING LAW. This Agreement shall be governed by and shall be consh~ued in accordance with the laws of the Commonwealth of Pennsylvania. 21. INDEPENDENT SEPARATE COVENANT~. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 22. VOID CLAUSES. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgement or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgraent or decree of final divorce. 24. DIVORCE ACTION. It is the intent of the parties that Husband shall file a divorce action in the Court of Common Pleas, Cumberland County, Pennsylvania, alleging irretrievable breakdown, Section 3301 of the Divorce Code. At the end of the statutory waiting period, each party agrees that they shall execute Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree permitting the divorce to conclude at the earliest possible date. 25. DOMESTIC RELATI NS ODE OF THE COMMONWEALTH OF PENNSYLVANIA. Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Cormnonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, couasel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year fn'st above written. Michael L. Petrovich elissa J. Petr~vich~' 7 COMMONWEALTH OF PENNSYLVANIA · · SS. COUNTY OF DAUPHIN · On this, the ._~~day of ~.,~~ , 2002, before me, a Notary Public, personally appeared Michael L. Petrovich, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL Jean L Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 STATE OF FLORIDA · '~ ' SS. COUNTY OF '~'~'~.¢lqb }'CA. ' Onthis, the [~9 dayof ~,LC~ ,2002, beforeme, a Notary Public, personally appeared Melissa J. Petrovich, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .-'~'~'~'/':~-. Ju/ie A. Diederlchsen · ,,~,~," BONOED THRU TROY FAIN !N,~LIRRNCE INC. NOTARY PUBLIC iN THE COURT OF COMMON PLEAS MICHAEL L. PETROVICH Plaintiff VERSUS MELISSA J. PETROVICH Defendant OF CUMBERLAND COUNTY STATE Of ~~~ PENNA. N o. 02-2008 DECREE IN DIVORCE AND NOW, September6 Michael L. Petrovich DECREED THAT and Melissa J. Petrovich ,2_002 , IT IS ORDERED AND , PLAINTIFF, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JurIsDICTION OF The FOL1.OWiNG CLaims WhiCH HAVE BEEN RAISED Of RECORD IN ThIS ACTION For WhiCh a FINAL ORDER has NOT YET BEEN ENTERED; None The attached Property Settlement Agreement is. hereby incorporated, but not merged, into this Decree in Divorce. By The COUrt: Kevin A. Hess Certified Copy Issued:' seP~6;~'~02ROTHONOTARY EXHIBIT "B" .a Y o ...C ,,.9 ',, MICHAEL L. PETROVICH, Plaintiff Vo MELISSA J. PETROVICH, Defendant · CIVIL ACTION - LAW · IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM ORDER OF COURT AND NOW this ~" day of ,nn~.q ,2003, the attached temporary Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, Jo C¢2 ~Marylou Matas, Esquire Attorney for Plaintiff ~ohn C. Howett, Esquire Attorney for Defendant ViN%?C1,LSNN--'ld MICHAEL L. PETROVICH : PLAINTIFF : V. : MELISSA J. PETROVICH : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2008 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 09, 2003 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before J_acqueline M. Verney, Esq. ., the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, June 02, 2003 at 10:30 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/ Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business beibre 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 ItAVE 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 170 l 3 Telephone (717) 249-3166 JUN 0 3 7003 MICHAEL L. PETROVICH, Plaintiff V. MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW : : NO. 2002-2008 CIVIL TERM : : IN CUSTODY ORDER OF COURT AND NOW, this //~VJ day of (--~G~t_g,:--- ,2003, upon consideration of the attached Custody Concili4dion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 5/, of the Cumberland County Co~urt House, on the '7-cd day of D).id ~e.~, 2003, at/J `fro o'clock,/.2 . M., at which time testimony will be takffn. 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 ;md 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 prior Order of Court dated May 8, 2003 shall remain in full force and effect. BY THE COl2 RT, cc.~M'.ary, lou Matas, Esquire, counsel for Father 7,,,D'arren J. Holst, Esquire, counsel for Mother · MICHAEL L. PETROVICH, Plaintiff V. MELISSA J. PETROVICH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : : NO. 2002-2008 CIVIL TERM .. : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Gabriel M. Petrovich Jason P. Petrovich March 28, 1998 shared June 13, 2000 shared 2. A Conciliation Conference was held June 2, 2003 with the following individuals in attendance: The Father, Michael L. Petrovich, with his counsel, Marylou Matas, Esquire, and the Mother's counsel, Darren J. Holst, Esquire. Mother was available by phone. 3. The Honorable Kevin A. Hess previously en~Iered an Order of Court on May 8, 2003 providing for shared legal and physical custody, with the parties having the children for 6 week intervals. 4. The parties separated in 2000 after a Naval assignment in Okinawa. Mother moved to Florida where her family lived, and Father moved to Carlisle, Cumberland County, Pennsylvania where his family lived. The parties agreed in their Property Settlement Agreement dated August 20, 2002 that they would move to Virginia Beach, Virginia and share physical custody two days per week and alternate weekends. Neither party has moved to Virginia Beach. When it appeared that neither party would move to Virginia Beach, the parties executed a stipulation providing for shared physical custody in six week intervals. The oldest child is set to begin kindergarten this school year. Neither party allege the other is not capable of properly caring for the children 5. Father's position on custody is as follows: Father seeks primary physical custody of the children and wishes to remain in the Carlisle area where his family lives. He is opposed to relocating where neither have extended family. 6. Mother's position on custody is as follows: Mother seeks primary physical custody of the children and wishes to remain in Florida where her family lives. Mother has a good job with Bell South. Mother is still willing to relocate to Virginia Beach although she would lose her job with Bell South, since the company does not extend into Virginia. Mother is also willing to relocate to North Carolina where she believes she could transfer within the company. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo pending a hearing. It is expected that the Hearing will require one half day. Date Vemey, Esquire Custody Conc![liator MICHAEL L. PETROVICH, Plaintiff VS. MELISSA J. PETROVICH, Defendant AND NOW, this ! t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2008 CIVIL CIVIL ACTION - LAW 1N CUSTODY ORDER day of August, 2003, following hearing and careful consideration of the testimony adduced, it is ordered and directed as follows: 1. The parties hereto shall exercise shared legal custod)r of Gabriel M. Petrovich, born March 21, 1998, and Jason P. Petrovich, born June 13, 2000. Primary physical custody during the school year will be in their father, Michael L. Petrovich. The mother shall exercise physical custody of the children as follows: a. In 2003, until August 30, 2003. b. In subsequent years, during the summer school break from one week after the last school day in the spring semester until one week prior to the first school day in the fall semester. c. In odd-numbered years, commencing in 2003, during the Christmas break from school from one day after the beginning of the break until one day before the end of the break. In even-numbered years, the parties shall split the Christmas break equally with the first half in the father. 2. The father shall bear the cost of transportation, including airfare, for the mother's period of summer partial custody. The cost of transportation for the Christmas vacation shall be shared. In this regard, the parties shall share any costs of flyi:ag or other means of transportation and will share any driving distance. 3. The parties shall notify each other of telephone numbers and addresses where they may be residing or visiting with the children during their periods of custody. Each party shall be entitled to reasonable telephone contact with the children while they are in the physical custody of the other parent. 4. The parties shall share custody of the children on an .equal basis if they should reside in the same school district. 5. 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 insure that the health and well being of the children are protected. During such illnesses or medical emergencies, 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. 6. Neither party 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. 7. This order is entered as a temporary order and without prejudice to either party to file a motion with the court requesting further hearing, which motion, however, must contain an offer of proof. In the event that no such motion for further hearing is filed, this order shall become a final order of court within thirty (30) days. BY THE COURT, Kev~,. Hess, J. Marylou Matas, Esquire For the Plaintiff Darren Holst, Esquire For the Defendant ~ ~ ~ '~'~