FILEOIN 41H DISTRICT COURT AMERICAN FORK DEPT ‘STATE OF UTAH UTAW COUNTY 1008 HAR 27 A % OS! Carolyn E. Howard (#11001) BARTHOLOMEW, SILVA & Assoc. Attomeys at Law, PC 1145 South 800 East Orem, Utah 84097 Telephone: (801) 371-0200 Facsimile: (801) 377-0373 Counsel for Respondent IN THE FOURTH JUDICIAL DISTRICT COURT. UTAH COUNTY, STATE OF UTAH BRIAN EDGAR WOLFERTS, VERIFIED PETITION TO MODIFY DECREE Petitioner, vs. Case No. 074100003 SONJA MICHELLE WOLFERTS, Respondent. PURSUANT TO Utah Code Annotated § 30-3-5 and 30-3-10.4, comes now Respofident SONJA MICHELLE WOLFERTS, by and through counsel, Carolyn E. Howard, and Petitions this Court to Modify the Decree of Divorce entered in this matter on June 15,2007 I. Substantial Change: In the Divorce Decree stipulated to on the 27 day of April, 2007, the Visitatio Respondent agreed to allow Petitioner to begin exercising additional visitation beyond UCA 30- - beginning every other Friday afternoon through Tuesday mornings Verified Petition to Modify Decree, Wolfers v, Wolferts - Paor 1 nf“ 1s 16 7 2 2 23 Fy 25 Respondent had hoped that this schedule would work, however the schedule has been extremely difficult and a great interruption to the children’s daily activities and school schedule. The parties have three children, namely Brittany (age 12 ~ 7 grade), Sydney (age 8- 3" grade) and Danielle (age 7 - 1 grade). Sydney (age 8): Sydney has an autoimmune disorder (Celiae's Disease). This is a Gluten related autoimmune disorder that causes Sydney to be prone to bone fractures, anemia, lymphoma, and recurrent infections and requires her to be on a specific food diet, have a certain amount of rest and need of careful supervision. The diagnosis of Celiac's Disease and complete change in diet have alleviated some but not all of ‘Sydney's many complaints, she goes though cycles where she has migraines and many questionable Symptoms, and she needs to be carefully watched to prevent other complications from arising Difficulty absorbing nutrients is a very common complication of Celiac’s Disease, and Sydney's most recent blood test results from February 25, 2008, showed that her Vitamin D is not being absorbed well enough, and that there is gluten in her blood. Throughout Sydney's life, Respondent has been the primary caregiver taking Sydney to all Doctor appointments, keeping up with medical records and journals on behalf of Sydney and overseeing her health care. Sydney has been sick off and on from birth attending nearly 80 Doctors appointments, labs, etc. over the years before being given the recent diagnosis of Verified Petition to Modify Decree, Wolferts v. Wolfers - Page 2 of &Celiac’s Disease, Petitioner and Respondent recently went to trial over alimony in front of Judge Mortensen in October. Although Sydney’s 2006 lab reports show that she had hundreds of intemal sores which caused her great pain and took eight (8) months to heal, Petitioner completely denies the fact that she has been so sick, and Petitioner and Counsel argued at trial that Sydney has becn “fine” and that she “probably just had an ulcer.”” Since Sydney has gone through cycles of questionable symptoms and pain throughout her life including severe migraines and many other unexplainable symptoms, Respondent cannot rely on the fact that Petitioner will care for ‘Sydney in the manner in which she needs to be cared for. Letters from Sydney's doctors are attached as Exhibit A. Brittany: Brittany is busy with a great deal of homework, piano practice and lessons, es and church sports. She has always been nearly a straight A student young women’s acti and continues to be very conscientious bout her studies, However, once she started being shifted around on school nights, she started having periods of falling severely behind in school. For example, at midterm she came home with two D's, Being gone on school nights has caused her cycles of struggling and stress to try and bring her grades back up to A’s, where she had never previously gone through these cycles of having her grades seriously fluctuate. Being gone many extra school nights over this last year has caused most of her difficulties. For the first three (3) years that Petitioner and Respondent were separated, the Verified Petition to Modify Decree, Wolferts v. Wolferts - Page 3 of 8