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HomeMy WebLinkAbout06-5003LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO? I?CkIL TERM CIVIL ACTION - LAW 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 LISA MARIE WINNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 0(,-se g v. : NO. CIVIL TERM JOHN ARTHUR WINNER, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Lisa Marie Winner, an adult individual, currently residing at 1221 Bridge Street, Apt. A, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is John Arthur Winner, Jr., an adult individual, currently residing at 810 Louisa Lane, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on January 31, 2005 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940, 50 USC §410 et seq. and its amendments. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since March 1, 2006 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted, Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date ?tl 1- -i` w c G C? c_ Gl .; r (_ N °o s?- c? N .x. (.I1 O -rt ?m U r, ??L7 4 10%? LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5003 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint filed in the above captioned case upon Defendant by certified mail, return receipt requested, on August 31, 2006, addressed to : John Arthur Winner, Jr. 810 Louisa Lane Mechanicsburg, PA 17050 and did thereafter receive same as evidenced by the attached Post Office receipt card dated September 8, 2006. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. 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. Date ROBERT P. KLINE, E QUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff * P. t al Ser vice, ,, F F IED MAIL RECEIF ,. M ail Only ; No Ins urance Covera; S co ,Il, ;, 3111 11 Postage $ ? • 41) 11 O C3 certified Fee Gv Q Return Receipt Fee (Endorsement Required) " /? 2 ? o Restricted Delivery Fee (Endorsement Required) X3,7 31 ? b nJ e & Fees t l P • G' ??I it ag os Tota ? S nt o U. ' 7 e? U? l? ---- - ! a or PO Box No. .O-..L N City: i ! 'f? t1 --•°-- . _ i ----------- --•---------------..... A I ?D, S -U SENDEH:GOMP 'F THIS SECTION COMPLETE THIS SEC Ti ON ON OEI WER Y ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 4 if Restricted Delivery is desired. X C] Bent ¦ Print your name and address on the reverse Addressee so that we can return the card to you. g. Ives by (Prln ) C. Date of Delivery ¦ Attach this card to the back of the mailplece, or on the front If space permits. C7 Y D. Is deliv add g ery ero.4rom item 1? es 1. Article Addressed to: It YES, IIv `'below: E3 No 9 v Q / O L.?CJ U. ?J/7 ^- A) 9 ?u7fj?l t?!/Z.6 3. Servi ?J Cart M rasa Mail 0 Registered Return Receipt for Merchandise E3 Insured Mail C] C.O.D. 4. Restricted Delivery? (Extra Fee) es 2. Article Number Mmrster ft m mulbe MW 7004 2890 000;2 8.475 4891. Ps Form 3811, February 2oo4 Domestic Return Receipt 102595-o2-M-1540 i??? w? t"'..T i,..? G ? 'R"T _ v? ..., .... '?-7 ?'? ?_ d`_ y? C .. ?, LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5003 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Lisa Marie Winner, an adult individual whose residence is at 1932 Carlisle Road (Lower Allen Township, Cumberland County), Camp Hill, Pennsylvania 17011. 2. Defendant is John Arthur Winner, Jr., an adult individual whose residence is at 810 Louisa Lane (Hampden Township, Cumberland County), Mechanicsburg, Pennsylvania 17050. 3. Plaintiff seeks custody of her child, Trinity Renee-Lee Winner, currently residing with her at 1932 Carlisle Road (Lower Allen Township, Cumberland County), Camp Hill, Pennsylvania 17011, whose date of birth is January 23, 2005. 4. The child is presently in the custody of Plaintiff. 5. Since the child's birth, the child has resided with the following over the past five years: Name Address Date Lisa Marie Winner and 810 Louisa Lane 01/23/2005 to 03/01/2006 John Arthur Winner, Jr. Mechanicsburg, PA 17050 Lisa Marie Winner 1221 Bridge Street, Apt. A 03/01/2006 to 11 /01 /2006 New Cumberland, PA 17070 Lisa Marie Winner, 1932 Carlisle Road 11/0 1/2006 to present Paula McCulley and Camp Hill, PA 17011 Brent Patno 6. The natural mother of the child is Lisa Marie Winner, currently residing at the above-stated address. 7. The natural father of the child is John Arthur Winner, Jr., currently residing at the above-stated address. 8. The relationship of the Plaintiff to the child is that of natural mother. 9. The relationship of the Defendant to the child is that of natural father. 10. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other court. It. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. Plaintiff seeks primary physical custody of her daughter, subject to periods of partial custody and/or visitation as the parties have practiced since their separation. 13. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to grant unto her primary physical custody of her daughter, Trinity Renee-Lee Winner, subject to periods of partial custody and/or visitation with the Defendant. Date Respectfully submitted, .i ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 PA C.S. 4904 relating to unsworn falsification to authorities. as by Date ell, IS 'WINNER. 7.t t t- IJI ? ? V V _ ti ?" ? 7 ......iii....... ? -Nj T7 „ ?J' k 7 LISA MARIE WINNER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-5003 CIVIL ACTION LAW JOHN ARTHUR WINNER, JR. . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, December 01, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 03, 2007 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Daum S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 7w ? LL, ILN' 1 0 :c Wd S- 3.-IJO 9602 w ? LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5003 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Complaint For Custody and Order of Court filed in the above captioned case upon Defendant by first class mail and certified mail, return receipt requested on December 1, 2006, addressed to : John Arthur Winner, Jr. 810 Louisa Lane Mechanicsburg, PA 17050 and did thereafter receive same as evidenced by the attached Post Office receipt card dated December 8, 2006. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. 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. 1) ?r? Z_caUco Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff K w ¦ Complete items 1. 2, and 3. Also complete item 4 (f RWTIC ed De1Nery Is desired. ¦ print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: j .?.?11 0jq t4 A*Tux WwtJ m, Jet. - $ ) p Lou I'S* L"r'_ MEtq* accsm? PA !'loss sl?t>aa,? A. ? ? Agent X Addresses B. Received by (Pdnfed Name) C. ? `tom 109111' D. Is deiKwy address merent from item 1 T -'Yes H YES, enter delivery address below: 040 3. Service type Certified Mai 13 Express Mail (] Registered ? Return Receipt for Mercliandise O Insured mail ? C.O.D. 4. Restricted DeiMery7 Xkta Fee) p Yes 2. Article Number (rrWWWitrMsarAWaeetJ 7004 2890 0002 8475 4945 PS Form 3811, Febmq 2004 Domestic Return Receipt lmsq"244-imo CERTIFIED MAILr, RECEIPT (Domestic Mail Only; No Insurance Coverage Providec U1 , Postage $ M J ' ' N D o 9 ru 0 Certified Fee $2.40 ark O Return Receipt Fee $1.85 H i (Endorsement Required) ` I 0? Restricted pelivery Fee $1].111] cc - (Endorsement Required) bt 127 ^Ll Total Postage & Fees $4.$8 C3 Sent To C] ^ 171- Q(__lt±!r? .__,?11?,tA/,Y--..lie ?.----- b°tieet c Q.: or POeoxNo. --A..._ _ !9---- A:?? -------------------------------- , ' ? 't? 1 ? _ ( L-'? w p ? ? ?^ tail >• ' y' '; ?}' x '! y i+' 4 ' ' ri . . ? 'S ? 1? L?? sy1 s?.i V ' ?}''q LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5003 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this I ? ? day of aG&-_yIV-o- 2007, it is hereby stipulated and agreed between the parties as follows: 1. Trinity Renee-Lee Winner is the natural child of John Arthur Winner, Jr. ("Father") and Lisa Marie Winner ("Mother"). 2. Shared legal custody of said child as contemplated by the Act of November 5, 1981, P.L. 322, 23 P.S. Section 1001, et seq., will be in both of the parties, as the natural parents. 3. Primary physical custody of said child shall be in Mother subject to the following periods of partial custody with Father: a. Every Friday from 8:00 a.m. through Sunday at 12:00 noon; b. On the Father's Birthday and Father's Day from 8:00 a.m. through 8:00 p.m.; C. Such other periods of partial physical custody as the parties may from time to time agree. 4. Mother shall have partial physical custody of the child from 8:00 a.m. through 8:00 p.m. on Mother's Day; 5. Each parry shall be entitled to fourteen (14) vacation days with the child each year. Neither party shall vacation with the child more than seven (7) consecutive days, counting the days provided to each party pursuant to the routine schedule set forth in paragraph 3. 6. Mother shall be responsible for delivering child to Father's residence at the commencement of Father's period of temporary custody and Father shall be responsible for returning the child to Mother's residence at the conclusion of periods of physical custody. In the event that the child is to stay overnight outside of the home, the parent then in custody shall provide the other with the address and phone number of the place in which the child is staying. 7. Mother and Father shall keep each other informed of their respective current addresses and telephone numbers. 8. In the event that the primary custodian of the child intends to relocate with the child more than forty (40) miles from their current residence, said parent shall obtain either the written consent of the other parent or permission from the court prior to relocating. 9. The parties acknowledge that Mother is currently serving with the United States Armed Forces. In the event that Mother is deployed overseas or is otherwise unable to exercise primary custody due to her military obligation, Father shall assume temporary primary custody of the child until Mother is in a position to resume custody as otherwise set forth herein. Any other activation or stateside deployment that requires Mother to relocate more than forty (40) miles from her current residence shall be handled as a relocation pursuant to the terms of paragraph 8 above. 10. The parties acknowledge that Father's work schedule is subject to change by Father's employer. In the event that Father's days off from work are changed by his employer in the future, the parties shall cooperate to modify Father's partial custody schedule to accommodate his work schedule. 11. The parties shall keep each other informed of all medical appointments and problems pertaining to said child. 12. Mother and Father will each take all reasonable measures to ensure that the child develops a positive and loving relationship toward the other parent. 13. It is the desire and intent of the parties that the terms of this agreement be adopted by the Court and incorporated by reference in an appropriate Order, thus making these terms enforceable by contempt proceedings. Date JO A T UR WIN , JR. Dat ?J- 5 M MTNNER _ , _.? ? ? ??? . ..? ._{ _? -; " ?.; , JAN 17 2007 LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5003 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER Y" AND NOW, this day of , 2007, upon the attached Stipulation of the parties, it is hereby ordered follows: 1. Trinity Renee-Lee Winner is the natural child of John Arthur Winner, Jr. ("Father") and Lisa Marie Winner ("Mother"). 2. Shared legal custody of said child as contemplated by the Act of November 5, 1981, P.L. 322, 23 P.S. Section 1001, et seq., will be in both of the parties, as the natural parents. 3. Primary physical custody of said child shall be in Mother subject to the following periods of partial custody with Father: a. Every Friday from 8:00 a.m. through Sunday at 12:00 noon; b. On the Father's Birthday and Father's Day from 8:00 a.m. through 8:00 p.m.; C. Such other periods of partial physical custody as the parties may from time to time agree. 4. Mother shall have partial physical custody of the child from 8:00 a.m. through 8:00 p.m. on Mother's Day. 5. Each party shall be entitled to fourteen (14) vacation days with the child each year. Neither party shall vacation with the child more than seven (7) consecutive days, counting the days provided to each party pursuant to the routine schedule set forth in paragraph 3. 6. Mother shall be responsible for delivering child to Father's residence at the commencement of Father's period of temporary custody and Father shall be responsible for returning the child to Mother's residence at the conclusion of periods of physical custody. In the event that the child is to stay overnight outside of the home, the parent then in custody shall provide the other with the address and phone number of the place in which the child is staying. 7. Mother and Father shall keep each other informed of their respective current addresses and telephone numbers. 8. In the event that the primary custodian of the child intends to relocate with the child more than forty (40) miles from their current residence, said parent shall obtain either the written consent of the other parent or permission from the court prior to relocating. 9. The parties acknowledge that Mother is currently serving with the United States Armed Forces. In the event that Mother is deployed overseas or is otherwise unable to exercise primary custody due to her military obligation, Father shall assume temporary primary custody of the child until Mother is in a position to resume custody as otherwise set forth herein. Any other activation or stateside deployment that requires Mother to relocate more than forty (40) miles from her current residence shall be handled as a relocation pursuant to the terms of paragraph 8 above. 10. The parties acknowledge that Father's work schedule is subject to change by Father's employer. In the event that Father's days off from work are changed by his employer in the future, the parties shall cooperate to modify Father's partial custody schedule to accommodate his work schedule. 11. The parties shall keep each other informed of all medical appointments and problems pertaining to said child. 12. Mother and Father will each take all reasonable measures to ensure that the child develops a positive and loving relationship toward the other parent. BYXHE COURT, J. ccobert P. Kline, Esquire, Attorney for Lisa Marie Winner ;Ifeanne B. Costopoulos, Esquire, Attorney for John Arthur Winner, Jr. ??A1 ?Z :I I WV 61 Vf t0O1 JAN 19 2007 LISA MARIE WINNER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-5003 CIVIL ACTION LAW JOHN ARTHUR WINNER, JR. Defendant IN CUSTODY ORDER AND NOW, this 12th day of January, 2007, the conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for today, January 12, 2007 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ' J T . S tti LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5003 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this9 day of , 2007, between LISA MARIE WINNER, of Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and JOHN ARTHUR WINNER, JR., of Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on January 31, 2005, in Cumberland County, Pennsylvania; WHEREAS, there has been one (1) child born of this marriage between Husband and Wife, to wit: Trinity Renee-Lee Winner, born January 23, 2005. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including each party's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; e? WHEREAS, each parry warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses other than as set forth herein; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him ,y 1 or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive I .1 support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties have entered into a Stipulation regarding the custody of their children and filed at Lisa Marie Winner v. John Arthur Winner, Jr., Court of Common Pleas of Cumberland County, Pennsylvania, No. 06-5003 Civil Term, which Stipulation was made an Order of Court signed by the Honorable Edward E. Guido on January 19, 2007. 5. Child Support. The parties acknowledge that they are subject to an order for child support from a determination made by the Domestic Relations Office of the Court of Common Pleas of Cumberland County, Pennsylvania. 6. Division of Personal Property. A. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. B. The parties agree that the 1997 Honda CRV presently in the possession of Husband shall be the sole and separate property of Husband. Husband agrees to hold harmless and indemnify Wife from any liability that may arise by virtue of his vehicle loan with Members 1st Federal Credit Union. The parties further agree that the 2004 Saturn Ion obtained by Wife post-separation shall remain the sole and separate property of Wife. Wife further agrees to hold harmless and indemnify Husband from any liability that may arise by virtue of her vehicle loan with Sovereign Bank. 7. Debts. The parties shall be responsible for any all debt incurred in their own name. The parties further agree to indemnify and hold harmless each other for any liability that may arise by virtue of such debts. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. 11. Bankruptcy. The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under 11 U.S.C.§523(a)(5), §523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Parry or of a dependent of the Filing Parry or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Parry that would outweigh the detrimental consequences to the other parry or a child of the Filing Party. Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Common Pleas of Cumberland County to the caption Lisa Marie Winner v. John Arthur Winner, Jr., No. 06-5003 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 13. Breach. In the event that either party breaches any provision of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. f ' f 14. Enforcement. The parties agree that this Marital Settlement Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this Marital Settlement Agreement. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be 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 attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: ^?° JO ARTHUR WINNEROTR ..:. COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF CUMBERLAND On the J1? y of 2007, before me, the undersigned officer, a Notary Public, personally appeared Lisa Marie Winner, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC Notww Seal Now ?Yed BOM Cultli? County W Coon ftim Apr. is, 2007 COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF On the, day of 2007, before me, the undersigned officer, a Notary Public, personally appeared John Arthur Winner, Jr., known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARY PUBLIC NOTARIAL SEAL DEBRA A. FINE, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN CO. MY COMMISSION EXPIRES OCT. 24, 2009 it ; ;;. CZ; in CIO i LISA MARIE WINNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5003 CIVIL TERM JOHN ARTHUR WINNER, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. R9 ARC 07 Date JO ARTHUR WINNER, JR. ' r r -TI rTl ? ? n CO c n -`.! LISA MARIE WINNER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5003 CIVIL TERM JOHN ARTHUR WINNER, JR., : CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. C) D e h-1 0: AA,4 MARIE WINNER ?? C=a 1 co LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5003 CIVIL TERM CIVIL ACTION - LAW 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. 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. 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ag JAN 07 Date JOHN RTHUR WINNER, JR. r--:? -n ? ?- a -n r - r? LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5003 CIVIL TERM CIVIL ACTION - LAW 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. 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. 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dat MA WINNER r,.? ?`'! c? y - ?-? T9 e?? . , ; , ? ? ? ? _ ? r? _._ . t ?? ?;. ?? -?:: LISA MARIE WINNER, Plaintiff V. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5003 CIVIL TERM 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: I. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail on September 8, 2006. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. January 31, 2007; By Defendant: January 29, 2007. 4. Related claims pending: None. All related claims have been resolved pursuant to Marital Settlement Agreement dated January 29, 2007, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code: Waiver of notice executed by Plaintiff on January 31, 2007 and by Defendant on January 29, 2007. Respectfully submitted, 2 1P7c-G 2- Date '2'? - ? V, ?- ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff h1 :zi C?;t t co s CO t ko \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. i? LISA MARIE WINNER, PLAINTIFF No. 06-5003 Civil Term VERSUS JOHN ARTHUR WINNER, JR. DEFENDANT DECREE 1N DIVORCE mttg ," ?; 00. '' ) 3 AND NOW, , 2007, IT IS ORDERED AND %of DECREED THAT LISA MARIE WINNER , PLAINTIFF, AND JOHN ARTHUR WINNER, JR. 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; Marital Settlement Agreement dated 'January 29, 2007, shall be incorporated into, but shall not 1 this Decree. BY ATTEST: J PROTHONOTARY 2 emu, c..o? ?'? ' ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs Stl?r+r; rVI.?u r \"?:Vnnre c my, Defendant File No. ou - 5 b n IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking `Yj prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in Divorce dated 13 Feb aon,-7 hereby elects to resume the prior surname of U sa Mari t t57AI&A , and gives this written notice avowing his / her intention pursuant to the provisions f 54 F.S. 704. Date: -C O Signature f name bei COMMONWEALTH OF PENNSYLVANIA ) L'iSa ac COUNTY OF 1? 1 On the ik day of 2007, before me, the Prothonotary or the notary public, 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. SEAL PROTHONO ARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 'Al a Notary Public kl?" ` P c? .a C ?f c c°?sr c CD F1L.F0-QFF~~E ,~ 1~i~ F'RQfi~iQNOiAF~Y 2D12 AllG 20 PH 3~ 57 LISA MARIE ND COUNTY : IN THE COURT OF COMMON PLEAS OF PLAINTI br~DENT :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 200b-5003 CIVIL TERM JOHN ARTHUR WINNER, :CIVIL ACTION -LAW DEFENDANT/PETITIONER :ACTION FOR CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Defendant/Petitioner, JOHN ARTHUR WINNER, JR., by through his counsel, Susan Kay Candiello, Esquire, and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Defendant/Petitioner (hereinafter sometimes referred to as "Father") is JOHN ARTHUR WINNER, JR., who currently resides at 1505 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Plaintiff/Respondent (hereinafter sometimes referred to as "Mother") is LISA MARIE WINNER, who currently resides at 5165A East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth TRINITY RENEE-LEE WINNER 1505 English Drive January 23, 2005 Mechanicsburg, PA. 5165A East Trindle Road Mechanicsburg, PA (The parties have shared physical custody the past two plus years.) o~ ~3 .~ 'pd a~ C K ~`~~ e a?9 tib8 4. The child was born out of wedlock. 5. During the past five (5) years the child has resided with the following persons at various times, at the following addresses: PERSONS ADDRESS DATES Defendent/Petitioner (Plaintiff/Respondent was in the Service) December 2008-October 2009 915 Scottish Court Mechanicsburg, PA Defendant/Petitioner and Plaintiff/Respondent began to Share Physical Custody October 12, 2009 to July 17, 2012 6. The Mother of the child is Plaintiff/Respondent whose address is 5165A East Trindle Road, Mechanicsburg, PA 17050. The Mother has stated to Father she is moving to Annville and taking the child. 7. Defendent/Petitioner and Plaintiff/Respondent were divorced on Febuary 13, 2007. 8. The Father of the child is Defendent//Petitioner, who currently resides in his home, 1505 English Drive, Cumberland County, Pennsylvania, 17055. Father does not reside with any other individuals. 9. The Mother of the child is Plaintiff/Respondent, who currently resides at 5165A East Trindle Road, Mechanicsburg, PA 17050. Mother lives with her two children. 10. The relationship of the Defendant/Petitioner to the child is that of natural father. 11. 'The relationship of the Plaintiff/Respondent to the child is that of natural 12. Defendent/Petitioner has participated as a party in a prior custody agreement concerning the custody of the child in this court. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 2006 - 5003, the result was a custody order which is attached hereto and made a part hereof Exhibit "A". 13. Defendant/Respondent has no information of a custody proceeding concerning child pending in a court of this Commonwealth at this time. 14. Defendent/Respondent does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting relief requested because: A. Mother intends to move to Annville, which will severely change Father's ability to have custody; B. Mother takes a number of medications every night, which make careing for the child impossible; C. The child, would have to attend a third new school, since beginning school; D. Father greatly cares for his daughter, has a stable job and has great love and concern for his daughter. Father believes he can provide the secure and stable environment which his daughter needs. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Defendant/Petitioner, JOHN ARTHUR WINNER, requests this Honorable Court grant the Defendant/Petitioner, JOHN ARTHUR WINNER and Plaintiff/Respondent, LISA MARIE WINNER, SHARED LEGAL CUSTODY and PRIMARY PHYSICAL CUSTODY of the minor child, TRINITY RENEE-LEE V~ with PARTIAL PHYSICAL CUSTODY to the Plaintiff/Respondent, LISA MARIE WINNER. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO /~ C c Dated: August L (o , 2012 usan Kay Candiell ,Esquire Counsel for Defe nt/Petitioner PA I.D. #64998 4010 Glenfinnan Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tru and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: I (~ R~f~ )d JO THUR W ER, JR. EXHIBIT "A" ~~~ ~ ~ LISA MARIE WINNER, Plaintiff v. JOHN ARTHUR WINNER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV. NO. 06-5003 CNIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER AND NOW, this ~ ~ rtl ` day of 2007, upon the Stipulation of the parties, it is hereby ordered follows: 1. Trinity Renee-Lee Winner is the natural child of John Arthur Winner, Jr. and Lisa Marie Winner ("Mother"). ~L : ~~ ~ 2. Shared legal custody of said child as contemplated by the Act of November 5, 1981, P.L. 322, 23 P.S. Section 1001, et seq., will be in both of the parties, as the natural parents. 3. Primary physical custody of said child shall be in Mother subject to the periods of partial custody with Father: a. Every Friday from 8:00 a.m. through Sunday at 12:00 noon; b. On the Father's Birthday and Father's Day from 8:00 a.m. through 8:00 p.m.; c. Such other periods of partial physical custody as the parties may from time to agree. time 4. Mother shall have partial physical custody of the child from 8:00 a.m. through ~:00 p.m. on Mother's Day. 5. Each party shall be entitled to fourteen (14) vacation days with the child each Neither party shall vacation with the child more than seven (7) consecutive days, counting the provided to each party pursuant to the routine schedule set forth in paragraph 3. 6. Mother shall be responsible for delivering child to Father's residence a~ the commencement of Father's period of temporary custody and Father shall be respons~ le for returning the child to Mother's residence at the conclusion of periods of physical custody. In the event that the child is to stay overnight outside of the home, the parent then in custody shall rovide the other with the address and phone number of the place in which the child is staying. 7. Mother and Father shall keep each other informed of their respective urrent ' addresses and telephone numbers. 8. In the event that the primary custodian of the child intends to relocate with th child more than forty (40) miles from their current residence, said parent shall obtain either the 'tten consent of the other parent or permission from the court prior to relocating. 9. The parties acknowledge that Mother is currently serving with the United CtatPe Armed Forces. In the event that Mother is deployed overseas or is otherwise unable to e~ primary custody due to her military obligation, Father shall assume temporary primary cust~ the child until Mother is in a position to resume custody as otherwise set forth herein. Any activation or stateside deployment that requires Mother to relocate more than forty (40) mile; her current residence shall be handled as a relocation pursuant to the terms of paragraph 8 abo~ 10. The parties acknowledge that Father's work schedule is subject to change by F~ employer. In the event that Father's days off from work are changed by his employer in the fi the parties shall cooperate to modify Father's partial custody schedule to accommodate his schedule. 11. The parties shall keep each other informed of all medical appointments problems pertaining to said child. 12. Mother and Father will each take all reasonable measures to ensure that the ~ develops a positive and loving relationship toward the other parent. TRUE COPY FRt~Mt RECORD in Testimony vahereo€, i here y~to set. my hand andithe aeai ofsald Co~rtt.~-Qarlisle, Pa. J. of other from and cc: Robert P. Kline, Esquire, Attorney for Lisa Marie Winner Jeanne B. Costopoulos, Esquire, Attorney for John Arthur Winner, Jr. LISA MARIE WINNER, Plaintiff v. JOHN ARTHUR WINNER, JR., Defendant : IN THE COURT OF COMMON PLEAS CUM$ERLAND COUNTY, PENNSYLV NO. 06-5003 CIVIL TERM : CIVIL ACTION -LAW IN CUSTODY STIPULATION AND NOW, this ~~ da of Y C~Y~i,4_.CS~._,lLs~. 2007, it is hereby stipulated and between the parties as follows: 1. Trinity Renee-Lee Winner is the natural child of John Arthur Winner, Jr. ("Fa er"; and Lisa Marie Winner ("Mother"). 2. Shared legal custody of said child as contemplated by the Act of November 5, 981, P.L. 322, 23 P.S. Section 1001, et seq., will be in both of the parties, as the natural parents. 3. Primary physical custody of said child shall be in Mother subject to the folio g periods of partial custody with Father: a. Every Friday from 8:00 a.m. through Sunday at 12:00 noon; b. On the Father`s Birthday and Father's Day from 8:00 a.m. through 8:00 p.m.; c. Such other periods of partial physical custody as the parties may from time to ime agree. 4. Mother shall have partial physical custody of the child from 8:00 a.m. through 8 p.m. on Mother's Day; 5. Each party shall be entitled to fourteen (14) vacation days with the child each year. Neither party shall vacation with the child more than seven (7) consecutive days, counting provided to each party pursuant to the routine schedule set forth in paragraph 3. 6. Mother shall be responsible for delivering child to Father's residence commencement of Father's period of temporary custody and Father shall be days at the for returning the child to Mother's residence at the conclusion of periods of physical custody. In the event that the child is to stay overnight outside of the home, the parent then in custody shall rovide the other with the address and phone number of the place in which the child is staying. 7• Mother and Father shall keep each other informed of their respective addresses and telephone numbers. 8. 1n the event that the primary custodian of the child intends to relocate with th~ child more than forty (40) miles from their current residence, said parent shall obtain either the consent of the other parent or permission from the court prior to relocating. 9. The parties acknowledge that Mother is currently serving with the United Armed Forces. In the event that Mother is deployed overseas or is otherwise unable to e: primary custody due to her military obligation, Father shall assume temporary primary Gusto y of the child until Mother is in a position to resume custody as otherwise set forth herein. Any they activation or stateside deployment that requires Mother to relocate more than forty (40) miles om her current residence shall be handled as a relocation pursuant to the terms of paragraph 8 abo~ 10. The parties acknowledge that Father's work schedule is subject to change by Father's employer. In the event that Father's days off from work are changed by his employer in the the parties shall cooperate to modify Father's partial custody schedule to accommodate his schedule. 11. The parties shall keep each other informed of all medical appointments problems pertaining to said child. 12. Mother and Father will each take all reasonable measures to ensure that develops a positive and loving relationship toward the other parent. 13. It is the desire and intent of the parties that the terms of this agreement be by the Court and incorporated by reference in an appropriate Order, thus malting enforceable by contempt proceedings. /~ ~±~~1wwtZ; o~fl~'~ DAte x Dat JO ~ -~ - R child terms __ _ _ ,- LISA MARIE WINNER IN THE COURT OF COMMON PLEAS OF - ~ I ~-'~ ~ PLAINTIFF CUMBERLAND COUNTY PENNSYLV _ '"~' "~ , ~. ~ ~ ~~ rn.~. . ~ ;-° V. ~ • 2006-5003 CIVIL ACTION LAW ~ 'r - ~ ` ' ] r,- o JOHN ARTHUR WINNER ~` ' ~ IN CUSTODY ~ • i DF.,FENDANT --+ tV '~ -C t3mr r ~ ORDER OF COURT AND NOW, Wednesday, August 22, 2012 ,upon consideration of the attached Complai t, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the co c at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 25, 2012 at 1:3 for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp t~ if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tem o~ order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Amer 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 arrangeme must be made at least 72 hours prior to any hearing or business before the court. You must attend the sche~ conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F 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 ~ ~~ ~T Telephone (717) 249-3166 ,/ Sv sBn Cc~ o% e ~~o, ~s~- ~p~i'e S /~~iG~~ ~/~~~iz Bator, PM or