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HomeMy WebLinkAbout02-2492 SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS'AT'LA.W 26 W. High Street Carlisle, PA Diana L. Novinger, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2002 - .2. 'f 92- CIVIL TERM Craig A. Novinger, Jr" Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custod)( or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, 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, PA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY Date: 5- la-OJ- By: John Supr Cou D #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for the Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT.UW 26 W, High SIr..1 Carlisle. PA Diana L. Novinger, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 2002 _.;l. '19..L CIVIL TERM Craig A. Novinger, Jr., Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Diana L. Novinger, who currently resides at 218 S, High Street, Mechanicsburg PA 17055, Cumberland County, Pennsylvania. 2. Defendant is Craig A. Novinger, Jr., who currently resides at 202 W. Ridge Street, Dillsburg PA 17019,Cumberland County, Pennsylvania, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 16, 1993 in Rossville, Pennsylvania, 5. There have been no prior actions of divorce or for annulment between the parties, 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling, Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Respectfully submitted, Date: [;. /0- 0'-'" NDSAY By: John J, KOIl cky, Esquire Supreme Count ID #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for the Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATroRNEYSt>AT-LA.W 26 W. High Street Carlisle, PA AFFIDAVIT I, Diana L. Novinger, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling, (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court, I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, Dated: fV1()1IO/ ;'OIJ?1, - Dt0174.. ~ ~a--- Diana L. Novinge{i Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT-UW 26 W. High Street Carlisle, PA VERIFICATION I verify lhat the statements made in this Complaint 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. Dated: HCUJ lOt illfJO ~ D l!1IU1.- c.......-. N~O----..-- Diana L. Novinger, PI~tiff SAIDIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT-LAW 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE On this cJ./.$fay of YJ1.- Of- ,2002, I, Johnna Kopecky, hereby certify that 1 served a true and correct copy of the foregoing Divorce Complaint via United States Mail, certified and return receipt requested, postage prepaid, addressed as follows: Craig A. Novinger, Jr. 202 W. Ridge Street DiIIsburg PA 17019 SAlOIS, SHUFF, FLOWER & LINDSAY BY:~~, ~(!l Joh na J, Kopecky, quire 1.0, #53147 26 West High Street Carlisle PA 17013 717,243,6222 Counsel for Plaintiff ;? (') C) C :,~ I'v 0 ;:gl'J?, ::!: " ~ -;;[1' "'" :::::,1 - ~ 2 [?:' -< 11~ ~ ~):'. N ~'] :n l~"'" ~c;1C:j ..... s; ,~) ".. ':~(~' "" .. ";7(1 l..l ..!. -- 5;(j :x ~:;~j~ <>9 C - "" - .~ Z (5 ~ =< ':..) ~.. -1\ 'd ,'>> -- :0 ..- -< " SAlOIS SHUFF, FLOWER & LINDSAY ATIURNEYS'AT'LAW 26 W. High Street Carlisle. P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA L. NOVINGER, Plaintiff No, 2002 - 2492 (Civil Term) v. CIVIL ACTION - LAW CRAIG A. NOVINGER, JR., Defendant (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 2nd day of April, 2004, I, Lindsay Gingrich Maclay, Esquire, hereby certifY the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on May 24, 2002, but actual service took place on May 25, 2002, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mr, Craig A. Novinger 202 West Ridge Street Dillsburg, Pennsylvania 17019 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDlS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff . . . . Exhibit "A" U,S, Postal Service . CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) .:r "" fT1 "" Postage $ I'- .:r C U"I Certified Fe€ "" r'l C C Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark ~e;~(A- ~>(f > CJ Total Postage & Fees C .:r fT1 0- 0- C I'- Complete ilems 1, 2, and 3. Also complete item 4 If Restricted Delivery 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Craig A. Novinger, Jr. 202 W. Ridge st. Dillsburg, PA 17019 ~. ServO el1ype ert:ified Mail egistered o nsured Mail o Express Mail o Return Receipt for Merchandise 00.0.0. 2. ArtiCle Number (Transfer from service label) PS Form .3811 , August 2001 4. Restricted Delivery? (Extra Fee) DYes Domestic Return Receipt 102595-01-M.0381 z....l". ci55; ~-r.~: ~O 20 );0 ~ "> t::::) f::::.. ""'" ~ -'0 ;;::;1 , '-'1 o -'1 ...... ::r; rn:JJ -:'":Jhl 0'39 "')r'-, )~!~ ,;;.~:! .:i "-< ::;0 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, P A " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA L. NOVINGER, Plaintiff No, 2002 - 2492 (Civil Term) v, CNIL ACTION - LAW CRAIG A. NOVINGER, JR., Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this ~ day of IDbv.- , 2004, BY and BETWEEN Diana L. Novinger, of 218 South High Street, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife, AND Craig A. Novinger, of28 South Market Street, Apartment #1, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECIT AI_S R,l: The parties hereto are Husband and Wife, having been joined in marriage on October 16, 1993 in Rossville, York County, Pemlsylvania; and R.2: Two (2) children were born of the marriage: Emily Jo Novinger, whose date of birth is September 13, 1995 and Benjamin Cole Novinger, whose date of birth is January 22, 1997; and R.3: Differences have arisen between the parties, in consequence of which they have lived separate and apart since January 12, 2002; and R.4: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are living separate and apart; and DLN D~ .4:.:----- CAN-'~; Page 1 of 14 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A R.5: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 2002 - 2492, Civil Term; and R,6: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R, 7: The parties also desire to settle their issues of counsel fees and costs, -and the settling of any and all claims and possible claims against the other or against their respective estates; and R.8: The parties desire to resolve all claims pending between them, including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and further including the education of their children; and R.9: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire of Saidis, Shuff, Flower and Lindsay, and that Husband, cognizant of his right to obtain legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his DLN 0t..-- Page 2 of 14 CAN ,?;:C- ..._~ -/ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle. P A right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement; and R.IO: Both Husband and Wife have each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and R.ll: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to the satisfaction of each party, Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party, To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure, NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any <:ontrol, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding, Each party shall be free of the DLN Dh- c~~. ~ , Page 3 of 14 SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS'ATeLAW 26 W. High Street Carlisle. P A interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms afthis agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action, Upon the execution of this agreement, the parties shall execute and file the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: It is acknowledged that the parties hereto were joint owners of certain real estate, more commonly described as 218 South High Street, Mechanicsburg, Cumberland County, Pennsylvania, On August 14, 2002, Husband and Wife executed a Deed, thereby conveying all their right, title and interest in and to said property to Wife, individually, In exchange for said conveyance, Wife executed a Hold Harmless Agreement, in which she assumed the first mortgage payments to Waterfield Mortgage Company and the second mortgage payments to Household Finance Company, Wife had agreed to attempt to refinance the loans into her own name, however, Husband is in the process of filing for bankruptcy and the parties believe that Husband's obligations under the first and second mortgages will be discharged as a result of said bankruptcy. In the event, however, that Husband's name is not removed from the mortgage obligations as a result of said bankruptcy, Wife agrees to attempt to refinance both mortgages at least once every calendar year, in order to remove Husband"s name from said obligations, Until such DLN f)1'V-- CAN ~'i~' Page 4 of 14 SAlOIS SHUFF, FLOWER & LINDSAY ATIQRNEYS.AT.LAW 26 W. High Street Carlisle, P A time as Husband's name is removed from the mortgage obligations, Wife agrees to hold Husband harmless for the mortgage payments, taxes, homeowner's insurance, private mortgage insurance, and home repairs, Husband relinquishes any right, title or interest he may have in and to said property, (4) DEBT: A, MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. 1. The parties jointly hold a Discover Card. The balance on the Discover card as of the parties' date of separation was approximately Five: Thousand Four Hundred Twenty-Five and 29/100 ($5,425,29) Dollars, At the time of separation, Husband agreed to assume said joint debt; however, Husband fell behind in the payment of said debt and has since filed for bankruptcy, As it is the parties' belief that Husband's obligation to Discover will be discharged as a result of this bankruptcy, Wife agrees to assume and pay in due course said joint debt. The balance owed as of March 3, 2004 is Five Thousand One Hundred Sixty-Three and 83/100 ($5,163,83) Dollars. The parties agree that said Discover card account is to be closed as soon as administratively possible. Husband further agrees to return any and all joint credit cards or charge plates which he may have in his possession, and further agrees that any debts incurred by Husband on any credit cards or charge plates not returned to the Wife shall be the sole and exclusive responsibility of the Husband and Husband shall save: harmless the Wife from any obligations or institutions of suit thereunder. B, POST SEPARATION D.EBT: In the event that either party contracted or incurred any debt since the date of separation on January 12, 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred, DLN 'lw CAN.::;~ Page 5 of 14 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS'AT'LAW 26 W. High Street Carlisle, PA C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: The parties acknowledge that they jointly held title to two (2) vehicles, Husband relinquishes any right, title and interest he may have to the 1994 Dodge Caravan currently in possession of Wife. Within thirty (30) days of the date of this agreement Husband shall execute any and all documents necessary to have said vehicle properly registered in Wife's name with the Pennsylvania Department of Transportation. Wife shall maintain insurance and assume full responsibility of any encumbrance on the 1994 Dodge Caravan receivl:d by Wife as a result of this transfer, and shall hold harmless and indemnify Husband from any loss thereon. The parties jointly hold title to a 1995 Ford Bronco (hereinafter referred to as "Bronco"), which vehicle is currently in the sole possession of Husband, The Bronco shall remain titled jointly until such time as Husband is either able to refinance the loan on said vehicle into his name only or until such time as the joint debt is paid in full, Husband will attempt to refinance the Bronco loan into his own name at least once every calendar year, Husband shall maintain insurance and assume fun responsibility of any encumbrance on the Bronco and shall hold harmless and indemnify Wife from any loss thereon, In the event that Husband is unable refinance the Bronco into his own name and he fails to make a scheduled payment on the Bronco, on or before the scheduled due date, Husband will provide Wife with ten (10) days advance written notice thereof so that, if she desires to do so to save her credit, Wife may make the payml~nt for that month, Husband will, within thirty (30) days of the date Wife makes the scheduled payment, repay Wife the amount paid DLN O~ Page 6 of 14 CANC~ SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A for that month, In the event that Husband would fall behind two (2) monthly payments, or in the event that he is unable to make two (2) consecutive monthly payments, he agrees to list the truck for sale within five (5) days of a written request by Wife to do so. In the event that Husband is able to refinance, within thirty (30) days of the date that Wife receives written notification from Husband that the joint loan has been satisfied in full, Wife shall execute any documents necessary to have said vehicle properly registered in Husband's name with the Pennsylvania Department of Transportation. Regardless of whether Husband is able to refinance the Bronco into his own name, however, until such time as the vehicle is registered solely in Husband's name, Husband shall maintain insurance and assume full responsibility of any encumbrance on the Bronco and shall hold harmless and indemnify Wife from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but DLN Ok.-- CAN4l.-: Page 7 of14 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 40lK plans and the like, Husband acknowledges that the marital property of the parties includes any marital portion of Wife's 40lK plan through her employment with Holy Spirit Hospital. The approximate value of Wife's 401K as of the date of separation was One Hundred Sixty- Nine and 89/100 ($169,89) Dollars. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's 401K, and any marital interest therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid 401 K. (8) LIFE INSURANCE: The parties hereto acknowledge that Husband has term life insurance on both parties through Primerica, Husband specifically agrees that he will allow Wife's policy to lapse, Within thirty (30) days of the execution of this agreement, Husband will provide Wife with proof that the One Hundred Ten Thousand ($110,000,00) Dollar policy covering Wife has been terminated, Wife will, in due course, obtain an independent life insurance policy, (9) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs, Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. DLN D~ CAN:T/j~/7 "- ./ Page 8 of14 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A (10) ADVICE OF COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently :represented by Lindsay Gingrich Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this agreement. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements, (11) ADDITIONAL INSTRUMENTS: Except as otherwise provided herein, each of the parties shall from time to time, at the request ofthe other, execute, acknowledge and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: The parties hereby acknowledge that they filed separate federal, state, and local income tax retums for the year of2003, The parties hereto agree to continue to file separate retums for all ongoing years, specifically including 2004 and 2005, DLN~ CAN /-2v '7 / Page 9 of 14 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A (13) DEPENDENCY EXEMPTION: The parties hereby agree that Husband shall be entitled to claim Emily Novinger, as an exemption for income tax purposes, as long as Emily qualifies as a dependent for income tax purposes, but only if Husband has, by December 31 st of each calendar year, paid Y2 of all unreimbursed medical expenses, school lunches and activities fees for both Emily and Benjamin. Within ten (10) days ofreceipt thereof, Wife agrees to provide Husband with a copy of any and all bills referenced in this Paragraph and Husband further agrees to pay his half of said bill(s) to Wife within thirty (30) days of Husband's receipt of the bill, Wife agrees to sign and provide to Husband a declaration required by the Internal Revenue Service to implement this paragraph. Upon execution of this Agreement, Wife will sign the d.eclaration for every future year to which this paragraph may apply. The declarations shall be held by Saidis, Shuff, Flower & Lindsay, as escrow agent. The escrow agent shalll release the declaration for each year to Husband upon satisfactory evidence that Husband has complied with the provisions of this Paragraph. The parties hereby further agree that Wife shall be entitled to claim Benjamin Novinger, as an exemption for income tax purposes, as long as Benjamin qualifies as a dependent for income tax purposes. Husband agrees to relinquish his right to claim Benj amin as an exemption and further agrees to execute any and all necessary forms required by the Internal Revenue Service for pennanent Release of Claim of Exemption for Child of Divorced or Separated Parents. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein, In the event a party files such bankruptcy and pursuant DLN 0Yv- CAN (1";'/1 Page 10 of 14 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fillly and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested, Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) WAIVER OF APPRAISALS: The parties acknowledge that they are aware oftheir respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real property, the personal property, the vehicles, and 401K's, some portions of which were acquired during the marriage and therefore constitute marital property, However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. DLN Oh-- CA~/';l ;....-"" , Page 11 of14 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, P A (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof, It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce, (19) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share ofthe other's estate, any right of exemption in the estat<, of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America, The parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto, DLN 01--- CAN /J.--p/<j (,.9 Page 12 of 14 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A " It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fe,es, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action pending between the parties. (20) SEPARABILITY OF PROVISIONS: 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 continue in full force, effect and operation, (21) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth ofPeunsylvania. (22) INCORPORATION INTO DECREE: The Parties agree that this Agreement shall continue in full force and em:ct after such time as a final Decree in Divorce may be entered with respect to the parties, Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, ,md the parties intend that all obligations DLN Dh.--- h'?-'7 CAN ;--:7 Page 13 ofl4 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption, (23) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and 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. (24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained, (25) AGREEMENT BINDING ON PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties h~reto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: Dw.na..... 'C..... N~ Diana L. Novinger ~,>~ ftMV(f W~L= ~:~ =-~ , - DLN Page 1401'14 CAN /;",;;., -.'/ ~'., SEP 2 8 2004 "-> C;..> c.::> _l~. \fl ,-, :r: n'l, i"n C~) ....(s ~.2 i~q , 'jr'fl ~:~ ~i) -< c} C) -; ! en '"' (,) SAlOIS SHUFF, FLO & LINDSAY AlTORNEYS.AT-LAW 26 W. High Street Carlisle. P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DIANA L. NOVINGER, Plaintiff No. 2002 - 2492 (Civil Term) v. CNIL ACTION - LAW CRAIG A. NOVINGER, JR., Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I. A Complaint in Divorce under Section 330l(c) or 330l(d) of the Divorce Code was filed on May 21,2002. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree, I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Date: ~_ INGER, JR., Defendant ---. I NOTARIAl. SE"AI. , MERLENE J.I\IARHEVI<A, NOTARY PU8UC CARLISLE. CUMBERLAND COUNTY PA MY COMMISSION EXPIRES JUNE 8. 200e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DIANA L. NOVINGER, Plaintiff No. 2002 - 2492 (Civil Term) v. CIVIL ACTION - LAW CRAIG A. NOVINGER, JR., Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYL VANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on May 21, 2002, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree, I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa, C,S" Section 4904 relating to unsworn falsification to authorities, Date: 10112..104 D~e.- N~ DIANA L. NOVINGE&', Plaintiff SAlOIS SHUFF, FW~ & LINDSAY A'ITORNEI'S'AToLAW '~Jd B 26 w. High Street Carlisle. P A SwoJ:ll to and 1}.'~,S~ed before me this l~dayof(V(, ~ ,2004, lfit!~ 11.1 r Nar~s~ , MERlENE J. MARHEVKA, NOTARY PUBUC CARLISLE. CUMBERLAND COUNTY PA Mf COMMISSION EXPIRES JUNE e, 2006 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIANA L. NOVINGER, Plaintiff No. 2002 - 2492 (Civil Term) v, CNIL ACTION - LAW CRAIG A. NOVINGER, JR, Defendant (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 in 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 I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, S4904, relating to unsworn falsification to authorities. Date: IOp2.IC...\ / ~~_1""'-------' ~~R~ JR" Defendant SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS.AT.LAW 26 w, High Street Carlisle, P A II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DIANA L. NOVINGER. Plaintiff No. 2002 - 2492 (Civil Term) v, CNIL ACTION - LAW CRAIG A. NOVINGER. JR., Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I. 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! 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 I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904, relating to unsworn falsification to authorities, Date: IOII2.IO~ . Dl()JU)..-- e- }/ ~ DIANA 1. NOVINGERL!1laintiff SAIDIS SHUFF, FLOWER & LINDSAY AITORNEVS.AT"UW 26 W. High Street Carlisle, P A II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DIANA L. NOVINGER, Plaintiff No. 2002 - 2492 (Civil Term) v. CNIL ACTION - LAW CRAIG A. NOVINGER, JR., Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by signing the domestic return receipt on May 25, 2002. A Certificate of Service was filed and docketed at the above-referenced docket number on April 5, 2004. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed and filed their respective Affidavits of Consent on October 12, 2004. 4. Related claims pending: None. A Property Separation and Settlement Agreement was executed on October 4, 2004 and filed on October 5, 2004. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed and filed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on October 12, 2004 Date: I 01l2.104 By: ~SAIDIS' S~U~FF' FLOWER . . MotU I - i say Gi'cP ay, E Attorney 1. . No. ~ 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. II I I II . .. . "";t:"":f.'t::f.:f.:+:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . :+: "''''':Ii IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY DIANA L. NOVINGER, PENNA, STATE OF Plaintiff No. 2002-2492 (Civil Term) VERSUS CRAIG A. NOVINGER, Defendant DECREE IN DIVORCE 2-'- 2004 , IT IS ORDERED AND AND NOW, Qch......... Diana L. Novinger , PLAI NTI FF, DECREED THAT Craig A. Novinger AND , 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 None. YET BEEN ENTERED; The parties Property Settlement and,Separation Agreement dated October 4, 2004 is herein incorporated but not merged. J. . . . . . PROTHONOTARY . . . . :of. Of =t;;+: +:+ . f: (~h"",,~,,~.~r~~~1) d7!' '7 ~2n# ~jL, ,4v. C'c: 01 ~:Z ~~~.P'57 /7(/("(7/ '\ . ' . ~ ~ . . ' SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, P A Diana L. Novinger, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.2002-2492 CIVIL TERM v. Craig A. Novinger, Jr., Respondent: IN CUSTODY PETITION FOR MODIFCATION OF A CUSTODY AGREEMENT NOW COMES Diana L. Novinger, Petitioner above, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, Emily Jo Novinger born September 13, 1995 and Benjamin Cole Novinger born January 22, 1997. 2. On August 22, 2002 the parties entered into an agreement according to the terms of which they would share legal custody of the children and physical custody on a schedule. Said agreement was never entered as an order of court. A copy of the Stipulation of August 22, 2002 is attached hereto as Exhibit "An. Since August 22, 2002 the circumstances of the parties have changed in the following particulars: a. Petitioner's work schedule has changed so that she no longer works mid week but only on Fridays from 7:00 p.m. to 7:00 a.m. and Saturdays from 7:00 p.m. to 7:00 a.m. b. The Respondent has not exercised his periods of custody pursuant to the parties agreement so that between July and December of 2002, out of 52 mid week days available to him he has only had the children for 6 of which only one has been an overnight and for the same period of time, out of 39 weekend days available to him, he has only taken the children 19 of those days, 11 of which were overnight. In 2003 of the 104 mid week days available to him he only exercised custody on 10 of them, on which one was an overnight. For the same period of the 78 weekend days available to him only 44 were 3. SAID IS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LA W 26 W. High Street Carlisle, PA exercised and of those only 25 overnight. In 2004 Respondent has, similarly, simply not taken advantage of the time available. c. Although he does not take time available to him pursuant to court order, the Respondent insists on placing the children with his parents or other parties to watch them even when Petitioner is available for their care. WHEREFORE, Petitioner prays this Honorable Court for the entry of an order modifying the parties' agreement to reflect Petitioner's primary physical custody of the children. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Petitioner 7 ( By: ~;~ Carol J. Un say, Es~e 10# 44 93 26 West igh Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W, High Street Carlisle, P A VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date>~ oilo'! [)lLUlLL C-- N~ Diana L. Noving~, Petitioner 1 SAlOIS 5HUFF, FLOWER & UNDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, P A II ,'-~"'" STIPULATION AND NOW, this d,.A~ day of ~ , 2002, comes Diana L. Novinger and Craig A. Novinger, Jr., to stipulate as follows: 1. Plaintiff is Diana L. Novinger, an adult individual who currently resides at 218 S. High Street, Mechanicsburg, pennsy 1 vani'a . 2. Defendant is Craig A. Novinger, Jr., an adult individual who currently resides at 202 W. Ridge Street,Dillsburg, Pennsylvania. 3. The parties are the natural parents of two children, Emily Jo Novinger, D.O.B. 09/13/95, and Benjamin Cole Novinger, D.O.B. 01/22/97. 4. The parties agree that they shall share legal custody of the children. 5. The parties further agree that they shall share physical custody of the children as follows: a. The children will be with father every other weekend from Friday after work until Monday morning, at which time the Defendant will transport the children to school or to a babysitter, and each Wednesday and Thursday from after school until the following morning at which time the Defendant will transport the children to school or to a babysitter; b. Mother shall have the children on all other periods. c. The parties shall share Holidays at times to be ;", SAID IS SHUFF, FLOWER & LINDSAY ATroRNEYSoAToLAW 26 W. High Street Carlisle. P A "r-. mutually agreed upon by the parties. d. Christmas will be split into two segments, with segment 'A" as being December 24th at 12 Noon until December 25th at 12 Noon, and segment 'B" being December 25th at Noon until December 26th at 12 Noon. The parties agree that Plaintiff shall have segment 'A' in 2002 and all even number of years, and the Defendant shall have segment 'B' in 2002 and all even number of years, to alternate accordingly. e. The parties further agree that each party may enjoy one interrupted week of vacation each year, or as by mutual agreement. 6. The parties desire that this Agreement be evidenced by Order of Court. 7. The parties agree that this Court shall retain jurisdiction in this matter. WHEREFORE, the parties hereto request Your Honorable Court to enter an order awarding custody and periods of partial physical custody as provided herein. ~tll~ Witness OtanD- C- ..I \f~ Diana L. Novingeru Q1 A-~A.Ltu~ ) ~~ 1/1 '. ~r~/ ,.craig VNOVfn..jCl, 0"r . ~ ~ ~ "" ~ '" "-..... (j\ v ~ oj ~\ ......... , c ~ ~ \ "- '" (_) t'-,) I, " " F.1 ~, -l (:, 1 ,1 . ' ~ r '.,; -;-; 1 --...J ,. . . . " r . .~ - ~ .~ v\ FIB 0 2 2005 ~ DIANA L. NOVINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CRAIG A. NOVINGER, JR., Defendant : NO. 2002-2492 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this t.f~ day of tJl&AM a/1-:ft'=--' 2005, upon consideration of the attached Custody Conciliation Report It IS ordered and duected as follows: 1. A Hearing is sc~ed in Court Room No, Y , ofthe Cumberland County Court House, on the / day of {~uL , 2005, at J: 3 0 o'clock, L, M" at which time testimony will oe taken, For purposes ofthis Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony, Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness, These Memoranda shall be filed at least ten days prior to the Hearing date, 2, Pending further Order of Court or agreement of the parties, the prior stipulated custody agreement shall remain in full force and effect except with the following modification and addition: 3, Father's overnights during the week shall be Tuesday and Wednesday instead of Wednesday and Thursday. 4, In the event that either party is in need of a babysitter for longer than 2 hours, they shall contact the non-custodial party and offer the babysitting opportunity to the non-custodial party, When possible, said notice shall be timely enough so that the non-custodial parent may take advantage of the babysitting opportunity, 5, The parties may modify this Order by mutual agreement, In the absence of mutual consent, the terms of this Order shall control. BYTHECOU;;L cc:..e'arol J, Lindsay, Esquire, counsel for Mot '_ :~~ J, ..&feg Hazlett, Esquire, counsel for Father ;,} ~~ ,DC;; .'\.,0 0,(1" J."., ,.." ~ -(,,1 FEB 0 2 2005 DIANA L. NOVINGER, Plaintiff : IN THE COURT 011 COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CRAIG A. NOVINGER, JR., Defendant : NO. 2002-2492 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915,3-8, the undersigned Custody Conciliator submits the following report: I, The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Emily Jo Novinger Benjamin Cole Novinger September 13, 1995 January 22,1997 shared shared 2, A Conciliation Conference was held February 2, 2005 with the following individuals in attendance: The Mother, Diana L. Novinger, with her counsel, Carol J, Lindsay, Esquire, and the Father, Craig A. Novinger, JT., with his counsel, Greg Hazlett, Esquire, 3, The parties entered into a stipulated custody agreement dated August 21, 2002, It was never made an Order of Court, In the past 2 ~S years, the parties have made informal modifications to the stipulated agreement 4, Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody, with Father having alternating weekends and one evening per week, She asserts that Father has not exercised his prior p,:riods of overnight custody but has had the children sleep overnight at his parents' home much of the time, Mother is a nurse and her work schedule has changed so that she works every Friday and Saturday 7:00 p,m, to 7:00 a,m, She is willing to permit Father to have physical custody of the children overnight during her weekend while she is working, She believes the children need the stability of staying at her home during the school week now that she is available. 5, Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody, although he is satisfied with shared physical custody, Father denies that the children have stayed at his parents' home the majority of the time, He does utilize his parents for babysitting times when he must go to work early in the morning so that the children do not need to awaken in the mornings too early, Father has a close relationship with the children, as do his parents, Father asserts that granting Mother primary physical custody would disrupt his relationship with the children, He asserts that the children enjoy their time with their grandparents, 6, The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the current custody stipulation with a modification to include a babysitting clause, It is expected that the hearing will require 3 hours, :J - ;;;.. -0 { Date '<--.-f )1, v~~ acq line M, Verney, Esquire d Custody Conciliator DIANA L. NOVINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW NO. 02-2492 CIVIL CRAIG A, NOVINGER, JR., Defendant IN CUSTODY ORDER AND NOW, this lii't/f day of April, 2005, after hearing and careful consideration of the lestimony adduced, paragraph Sea) of the custody order of August 21,2002, is modified to provide that the children will be with their father every other weekend from Friday after work until Monday morning, and each Wednesday from after school until the following morning, Said order is also modified to provide that each party shall have the right of two (2) uninterrupted consecutive weeks of custody in the summer time, To the extent not inconsistent herewith, the remaining terms and conditions of the existing custody order shall remain in full force and effect. v6regory S. Hazlett, Esquire For the Defendant .> BY THE COURT, 4/1 ~arol J. Lindsay, Esquire For the Plaintiff :rlm ~ 0'-1 -/9 -05 "'!..' .., ..,~ . 1 (..(, : I, , >d ",! , GI gd~ SOOl