Loading...
HomeMy WebLinkAbout07-0523McNEES WALLACE & NURICK LLC By: DEBRA D. CANTOR Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile dcantor(aD-mwn.com Attorneys for Defendant CRAIG R. HARMON, Plaintiff V. SARA E. GREENBERG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW CUSTODYNISITATION NO. 67 - NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEES WALLACE & NURICK LLC By bra De so antor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: January 24, 2007 McNEES WALLACE & NURICK LLC By: DEBRA D. CANTOR Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile dcantora-mwn.com Attorneys for Defendant CRAIG R. HARMON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : CUSTODYNISITATION SARA E. GREENBERG, ?,a3 L Defendant NO. -- COMPLAINT FOR CUSTODY AND NOW, Plaintiff, by and through his attorneys, McNees Wallace & Nurick LLC, files a Complaint for Custody against Defendant, and in support thereof, avers the following: 1. Plaintiff is Craig R. Harmon, ("Father"), who currently resides at 16 Mary Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Sara E. Greenberg ("Mother"), who currently resides at 833 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks shared physical and legal custody of the following child: Names Present Address(es) Age(s) Avery Renee Harmon 833 Acri Road Approx. 2 months Mechanicsburg, PA 17050 (DOB: 11/19/06) The child was born out of wedlock. The child is presently in the custody of Mother, who currently resides at 833 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. During the past five years, the child resided with the following persons and at the following addresses: Person(s) Address(es) Date(s) Sara E. Greenberg & Richard A. Greenberg & Susan Greenberg & Ida S. Samuels & Daniel Greenberg 833 Acri Road 11/19/06 - Present Mechanicsburg, PA 17050 The mother of the child is Sara Greenberg, who currently resides at 833 Acri Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is single. The father of the child is Craig Harmon, who currently resides at 16 Mary Avenue, Mechanicsburg, Cumberland County, PA 17055. He is single. -2- 4. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following person(s): Name(s) Richard C. Harmon Relationship Paternal Grandparent Phyllis J. Harmon Paternal Grandparent 5. The relationship of Defendant to the child is that of Mother. Defendant currently resides with the following persons: Name (s Avery Renee Harmon Relationship Daughter Richard A. Greenberg Susan Greenberg Ida S. Samuels Daniel Greenberg Maternal Grandparent Maternal Grandparent Maternal Great Aunt Brother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. Plaintiff 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. 7. The best interests and permanent welfare of the child will be served by granting Plaintiff shared physical and legal custody of the child. -3- 8. 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order granting Plaintiff shared physical and legal custody of the child. Respectfully submitted, McNEES WALLACE & NURICK LLC By 4 D. C for Attorney I.D. o. 378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5297 Attorneys for Plaintiff Dated: January 24, 2007 -4- VERIFICATION I verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: January,'- , 2007 CIO U' )tom r 1 ? ! CRAIG R. HARMON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-523 CIVIL ACTION LAW SARA E. GREENBERG IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, January 29, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February. 16, 2007 at 3:00 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/ John j. Mangan, Jr., Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business 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 4f kt ,/_0- t2F- r McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor@,mwn.com Attorneys for Plaintiff CRAIG R. HARMON, Plaintiff V. SARA E. GREENBERG, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO. 07-523 CIVIL TERM AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Custody Complaint in the above matter. Dated: pl )G-/6 7 ara E. Greenberg s--a c?- m ,.._., --t _ . p ? ; ...? ? r ' ... ? M1 f _ ? .,..1 __. ? _ . -?"' ? ? ' f v ... ?. ^+.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRAIG R. HARMON, Plaintiff V. SARA E. GREENBERG, Defendant : NO. 07-0523 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Sara E. Greenberg. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: March 2, 2007 DIANE G. RADCLIFF, ESQUI E C :, rJ ?a ? -r? ? -r? ?' ? i? { .f .7£ v ? iy `_`?{ ?7 ?- .?., ?"f ?... ? "Z"r ? ' , ?7 ?' ? --'p j'{' h _: t=- '- i ?. ? ? ? MAY 8 b 2007 CRAIG R. HARMON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 523 CIVIL ACTION LAW SARA E. GREENBERG, IN CUSTODY Defendant ORDER OF COURT AND NOW this IA*day of a 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The Father, Craig R. Harmon, and the Mother, Sara E. Greenberg, shall have shared legal custody of Avery Renee Harmon, date of birth 11/9/2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall enjoy primary physical custody of the Child. 3. The Father shall have partial physical custody on alternating weekends. Father's weekends shall be for both Saturday and Sunday, each day from 9:30 AM to 5:00 PM. Father shall have two midweek evenings with Avery Harmon each week (Tuesday and Thursday) from 5:00 PM to 9:00 PM. 4. The pickup/drop off location shall be at Mother's residence. Father is responsible for providing the transportation. 5. Holidays: The parties shall alternate major holidays as follows: in odd numbered years, Mother shall have Easter from 9:30 am until 5:00 pm, Father has Memorial Day 9:30 am until 5:00 pm, Mother July 4 h 9:30 am until 5:00 pm, Father Labor Day 9:30 am until 5:00 pm, Mother Thanksgiving 9:30 am until 5:00 pm, Father 9:30 am on 12/24 until noon on 12/25, Mother noon 12/25 to 5:00 pm on 12/26. This holiday schedule shall reverse parties on even- numbered years. Mother shall always have Mother's Day and Father shall always have Father's Day from 9:30 am until 5:00 pm. 6. Summer: There shall be no summer vacation weeks for 2007. In 2008, each party shall enjoy two uninterrupted non-consecutive weeks, upon 30 days' notice. Each week is to run from Friday to Friday and shall encompass the parties' regular alternating weekend. 7. The custodial party shall ensure that Avery Harmon has appropriate safety restraints, or child seat, for the subject child for transportation purposes. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. The parties shall refrain from making derogatory comments about the other party in the presence of the Child and to the extent possible, shall prevent third parties from making such comments in the presence of the Child. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is tentatively scheduled for June 12, 2007 at 11:30 AM. By the Court, Distribution: Ie ne Radcliff, Esquire bra Cantor, Esquire ?An J. Mangan, Esquire Custody Conciliator VtMf1 l kSNN3d =E Nd 6Z AN i00Z ,kdVIO G'r-UWdWU 3Q Sold- - CRAIG R. HARMON, Plaintiff V. SARA E. GREENBERG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 523 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME Avery Renee Harmon DATE OF BIRTH 11/19/06 Currently in the Primary Custody of Mother, Sara E. Greenberg. 2. A Conciliation Conference was held with regard to this matter on March 2, 2007 with the following individuals in attendance: The Father, Craig Harmon, with his counsel, Diane Radcliff, Esquire, and the Mother, Sara Greenberg, with her counsel, Debra Cantor, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. gan, Esq ' e Cus dy onciliator QIA os 200 CRAIG R. HARMON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07 - 523 CIVIL ACTION LAW SARA E. GREENBERG, IN CUSTODY Defendant ORDER OF COURT / AND NOW this 6 day of -S u, , 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The Father, Craig R. Harmon, and the Mother, Sara E. Greenberg, shall have shared legal custody of Avery Renee Harmon, date of birth 11/19/2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall enjoy primary physical custody of the Child. 3. The Father shall have partial physical custody on alternating weekends. Beginning July 2007 through August 2007, Father's weekends shall be for both Saturday and Sunday, each day from 9:30 AM to 9:00 PM. Beginning September 2007 through November 2007, Father's weekends shall be from 9:30 am Saturday through Sunday 9:00 pm. Beginning December 2007, Father's weekends shall be from Friday 5:30 pm through Sunday 6:00 pm. Father shall have two midweek evenings with Avery Harmon each week (Tuesday and Thursday) from 5:30 PM to 9:00 PM. 4. The pickup/drop off location shall be at Mother's residence or some other mutually agreeable location. Mother is responsible for dropping Avery Harmon off to Father and Father is responsible for returning Avery Harmon to Mother. The parties may utilize other transportation schedules as mutually agreed. 5. Holidays: The parties shall alternate major holidays as follows: in odd numbered years, Mother shall have Easter from 9:30 am until 5:00 pm, Father has Memorial Day 9:30 am until 5:00 pm, Mother July 4t' 9:30 am until 5:00 pm, Father Labor Day 9:30 am until 5:00 pm, Mother Thanksgiving 9:30 am until 91 :1 lild 9- illp LODZ 2??ill tit,;:-.L u J 01 C)-C1311A 5:00 pm, Father 9:30 am on 12/24 until noon on 12/25, Mother noon 12/25 to 5:00 pm on 12/26. This holiday schedule shall reverse parties on even-numbered years. Mother shall always have Mother's Day and Father shall always have Father's Day from 9:30 am until 5:00 pm. 6. Summer: There shall be no summer vacation weeks for 2007. In 2008, each party shall enjoy two uninterrupted non-consecutive weeks, upon 30 days' notice. Each week is to run from Friday to Friday and shall encompass the parties' regular alternating weekend. 7. The custodial party shall ensure that Avery Harmon has appropriate safety restraints, or child seat, for the subject child for transportation purposes. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. The parties shall refrain from making derogatory comments about the other party in the presence of the Child and to the extent possible, shall prevent third parties from making such comments in the presence of the Child. 10. This Order is entered pursuant to a Custody Concili tion Conference. A Custody Hearing is hereby scheduled on ?'"ay ofd, 2007 at am/prJn. Courtroom number 5 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013. BY THE COURT, J Distribution: Diane Radcliff, Esquire Debra Cantor, Esquire John J. Mangan, Esquire Custody Conciliator Debra D. Cantor, Esquire 100 Pine Street P. O. Box 1166 Harrisburg, PA 17101 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 CRAIG R. HARMON, Plaintiff V. SARA E. GREENBERG, Defendant Prior Judge: M. L. Ebert, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 523 CIVIL ACTION LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: NAME Avery Renee Harmon DATE OF BIRTH 11/19/06 Currently in the Primary Custody of Mother, Sara E. Greenberg. 2. A Conciliation Conference was held with regard to this matter on March 2, 2007 with the following individuals in attendance: The Father, Craig Harmon, with his counsel, Debra Cantor, Esquire, and the Mother, Sara Greenberg, with her counsel, Diane Radcliff, Esquire. A status update Conciliation Conference was held with regard to this matter on June 29, 2007 with the following individuals in attendance: The Father, Craig Harmon, with his counsel, Debra Cantor, Esquire, and the Mother, Sara Greenberg, with her counsel, Diane Radcliff, Esquire. 3. The Honorable M. L. Ebert previously entered an Order of Court dated May 29, 2007. 4. Father's position on custody is as follows: Father would like to have overnight visits to commence immediately with a gradual expansion of the overnights until Avery R. Harmon is a year old. At or around when Avery turns one year old, Father would like to seek a shared custody arrangement with Mother. 0 5. Mother's position on custody is as follows: Mother essentially seeks continuation of the status quo, with a gradual expansion of custody time during the week and for Father to have one overnight every other weekend to begin in September 2007 through the end of November 2007. Starting in December 2007, Mother agrees that Father is to have Avery from Friday through Sunday every other weekend. Mother does not agree to a shared custody situation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering a temporary Order of Court as attached. It is expected that the Hearing will require one day. 7. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: June 29, 2007 Jo Y Mangan, Es ire C t dy Conciliat CRAIG R. HARMON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : IN CUSTODY SARA E. GREENBERG, DEFENDANT NO. 07-0523 CIVIL ORDER OF COURT AND NOW, this 17th day of October, 2007, upon consideration of the request of counsel for both parties, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for this date is generally continued pending further Order of Court. By the Court, /bra Cantor, Esquire Attorney for Plaintiff ./Diane Radcliff, Esquire Attorney for Defendant bas 1 J N I ? 11.4 ? ? . M. L. Ebert, Jr., \ 6. L I .Z 14d 61 130 LOOZ 331:4 i-OFiH CRAIG R. HARMON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 523 CIVIL ACTION LAW SARA E. GREENBERG, IN CUSTODY Defendant ORDER OF COURT AND NOW this 201day of &A b ave , 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The Father, Craig R. Harmon (hereinafter "Father"), and the Mother, Sara E. Greenberg (hereinafter "Mother"), shall have shared legal custody of Avery Renee Harmon, date of birth 11/19/2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. 2. The Mother shall enjoy primary physical custody of the Child. 3. The Father shall have partial physical custody on alternating weekends. Beginning July 2007 through August 2007, Father's weekends shall be for both Saturday and Sunday, each day from 9:30 AM to 9:00 PM. Beginning September 2007 through November 2007, Father's weekends shall be from 9:30 am Saturday through Sunday 9:00 pm. Beginning December 2007, Father's weekends shall be from Friday 5:30 pm through Sunday 6:00 pm. Father shall have two midweek evenings with Avery Harmon each week (Tuesday and Thursday) from 5:30 PM to 9:00 PM. Beginning 5/19/08, Father's Tuesday evening visit shall be an overnight visit from 5:30 pm Tuesday until Wednesday a.m. to daycare. 4. The pickup/drop off location shall be at Mother's residence or some other mutually agreeable location. Mother is responsible for dropping Avery Harmon off to Father and Father is responsible for returning Avery Harmon to Mother. The parties may utilize other transportation schedules as mutually agreed. 5. Holidays: The parties shall alternate major holidays as follows: in odd numbered years, Mother shall have Easter from 9:30 am until 5:30 pm, Father has Memorial Day 9:30 am until 5:30 pm, Mother July 4th 9:30 am until 5:30 pm, 8C .8 WV 1- li04 i401 )1-1Z OTIH Father Labor Day 9:30 am until 5:30 pm, Mother Thanksgiving 9:30 am until 5:30 pm, Father 9:30 am on 12/24 until noon on 12/25, Mother noon 12/25 to 5:30 pm on 12/26. This holiday schedule shall reverse parties on even-numbered years. Mother shall always have Mother's Day and Father shall always have Father's Day from 9:30 am until 5:00 pm. 6. Summer: There shall be no summer vacation weeks for 2007. In 2008, and annually thereafter, each party shall enjoy two uninterrupted non-consecutive weeks, upon 30 days' notice. Each week is to run from Friday to Friday and shall encompass the parties' regular alternating weekend. 7. The custodial party shall ensure that Avery Harmon has appropriate safety restraints, or child seat, for the subject child for transportation purposes. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. The parties shall refrain from making derogatory comments about the other party in the presence of the Child and to the extent possible, shall prevent third parties from making such comments in the presence of the Child. BY THE COURT, Distribution: Diane Radcliff, Esquire Debra Cantor, Esquire John J. Mangan, Esquire Custody Conciliator i CRAIG R. HARMON, Plaintiff V. SARA E. GREENBERG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 523 CIVIL ACTION LAW IN CUSTODY CUSTODY STIPULATION This Stipulation is made this day of OC_;? be-y- , 2007, by and between Craig R. Harmon (hereinafter "Father") and Sara E. Greenberg (hereinafter "Mother"): WHEREAS, the parties are the parents of the minor child, namely Avery Renee Harmon, date of birth: November 19, 2006; WHEREAS, Father filed an action in custody on January 25, 2007; WHEREAS, the parties attended a conciliation, two custody conferences, and have a hearing set for October 17, 2007; WHEREAS, the parties wish to resolve all custody matters regarding Avery. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: 1. The Father, Craig R. Harmon, and the Mother, Sara E. Greenberg, shall have shared legal custody of Avery Renee Harmon, date of birth 11/19/2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well being including, but not limited to, all decisions regarding her health, education and religion. f 2. The Mother shall enjoy primary physical custody of the Child. 3. The Father shall have partial physical custody on alternating weekends. Beginning July 2007 through August 2007, Father's weekends shall be for both Saturday and Sunday, each day from 9:30 AM to 9:00 PM. Beginning September 2007 through November 2007, Father's weekends shall be from 9:30 am Saturday through Sunday 9:00 pm. Beginning December 2007, Father's weekends shall be from Friday 5:30 pm through Sunday 6:00 pm. Father shall have two midweek evenings with Avery Harmon each week (Tuesday and Thursday) from 5:30 PM to 9:00 PM. Beginning 5/19/08, Father's Tuesday evening visit shall be an overnight visit from 5:30 pm Tuesday until Wednesday a.m. to daycare. 4. The pickup/drop off location shall be at Mother's residence or some other mutually agreeable location. Mother is responsible for dropping Avery Harmon off to Father and Father is responsible for returning Avery Harmon to Mother. The parties may utilize other transportation schedules as mutually agreed. 5. Holidays: The parties shall alternate major holidays as follows: in odd numbered years, Mother shall have Easter from 9:30 am until 5:30 pm, Father has Memorial Day 9:30 am until 5:30 pm, Mother July 4th 9:30 am until 5:30 pm, Father Labor Day 9:30 am until 5:30 pm, Mother Thanksgiving 9:30 am until 5:30 pm, Father 9:30 am on 12/24 until noon on 12/25, Mother noon 12/25 to 5:30 pm on 12/26. This holiday schedule shall reverse parties on even-numbered years. Mother shall always have Mother's Day and Father shall always have Father's Day from 9:30 am until 5:00 pm. 6. Summer: There shall be no summer vacation weeks for 2007. In 2008, 0 and annually thereafter, each party shall enjoy two uninterrupted non-consecutive weeks, upon 30 days' notice. Each week is to run from Friday to Friday and shall encompass the parties' regular alternating weekend. 7. The custodial party shall ensure that Avery Harmon has appropriate safety restraints, or child seat, for the subject child for transportation purposes. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. The parties shall refrain from making derogatory comments about the other party in the presence of the Child and to the extent possible, shall prevent third parties from making such comments in the presence of the Child. 10. This Stipulation shall be entered as an Order of Court and the hearing scheduled for October 17, 2007 shall be canceled. IN WITNESS WHEREOF, the parties hereto have executed, sealed, and acknowledged this agreement on the day and year above-written. 4M9A"-.V?? WITN S 10 Dated: (o - ZCw- C AIG R. HAR N r, SARA qM. REENBERG