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HomeMy WebLinkAbout03-0725JUSTIN B. HEGE, Plaintiff VS. KRISTEN L. KOCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.03 - CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY AND NOW, Plaintiff, Justin B. Hege, by and through his attorney, G. Patrick O'Connor, Esquire, files a Complaint and petitions for shared legal custody and partial physical custody, of which the following is a statement: 1. Plaintiff is Justin B. Hege, father, who currently resides at 3804 Chestnut Street, Camp Hill, Cumberland County, PA 17011. 2. Defendant is Kristen L. Koch, mother, who currently resides at 11 Briarwood Ct., Mechanicsburg, Cumberland County, PA 17055. 3. Defendant seeks partial physical custody of the following child/children: Name Present Address Age Nathan R. Hege 11 Briarwood Ct. 13 months Mechanicsburg, PA 4. The child was born out of wedlock. 5. The child has been in the primary physical custody of the mother since December 30, 2002. 6. During the past five years, the child has resided with the following persons at the following addresses: Name Address Justin B. Hege, Plaintiff 11 Briarwood Ct. Kristen L. Koch, Defendant Mechanicsburg, PA Robert Koch, Defendant's father Karen Koch, Defendant's mother Kristen L. Koch, Defendant 11 Briarwood Ct. Robert Koch, Defendant's father Mechanicsburg, PA Karen Koch, Defendant's mother Justin B. Hege, Plaintiff 3804 Chestnut St. Kristen L. Koch, Defendant Camp Hill, PA Vanessa Hoffman, Plaintiff's mother Jessica Hoffman, Plaintiff's sister Date Birth -- 9/1/02 9/1/02 -- 12/17/02 1/30/03 -- present 12/17/02 -- 1/30/03 The mother of the child is Kristen L. Koch, currently residing at 11 Briarwood Court, Mechanicsburg. She is not married. The father of the child is Justin B. Hege, currently residing at 3804 Chestnut Street, Camp Hill, PA. He is not married. 7. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship Vanessa Hoffman Mother Jessica Hoffinan Sister 8. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Robert Koch Karen Koch Relationship Father Mother 9. The parties have 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. ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby certify that I am the attorney for the Plaintiff and that the information contained in the herein Complaint is based on information give to me by the Plaintiff and is true and accurate to the best of my knowledge, information and belief. Patrick O'Connor, Esquire DATE: /? D3 Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting the relief sought because: (a) Father desires and is able to continue to provide a loving relationship with his child. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting shared legal custody and partial physical custody of the minor child, Nathan R. Hege, to the father. Dated: Respectfully submitted: By: &WZ4?- Vatrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney I.D. #64720 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Custody Complaint to the parry indicated below by depositing same in the United States mail, postage prepaid, and in accordance with the Pennsylvania Rules of Civil Procedure, at Camp Hill, Pennsylvania: Kristen L. Koch 11 Briarwood Court Mechanicsburg, PA 17055 DATE: /.d3 G. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Plaintiff c L ? a o N` ? V ? -t JUSTIN B. HEGE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTEN L. KOCH DEFENDANT • 03-725 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 27, 2003 , 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, March 26, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ Dawn S. Sunday, Esq. C. 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) 249-31.66 co-'le'r cp_ Lo ?° JUSTIN B. HEGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-725 CIVIL ACTION LAW KRISTEN L.KOCH Defendant IN CUSTODY ORDER OF COURT 2003, upon AND NOW, this / day of ? N/ consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor child to a Phase I Custody Evaluation to be performed by Georgi Anderson. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs and interests of the Child. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. All costs for the evaluation shall be shared equally between the parties. Within two weeks of the date of entry of this Order, the parties shall contact the evaluator's office in order to initiate the evaluation process. 2. The Father shall contact Parentworks to schedule an appointment to obtain an assessment of the Father's need, if any, for enrollment in parenting classes. The Father shall contact Parentworks within two weeks of the date of this Order to schedule the initial session. 3. The Father, Justin B. Hege, and the Mother, Kristen L. 'Koch, shall have shared legal custody of Nathan R. Hege, born December 21, 2001. 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 4. Pending further Order of court or agreement of the parties, the Mother shall have primary physical custody of the Child and the Father shall have periods of supervised custody with the Child at either the paternal Grandmother's residence or the paternal Grandfather's residence. The Father's periods of custody shall take place every Tuesday from between 4:00 and 4:30 pm until 8: 15 pm, beginning Tuesday, April 1, 2003. The Father's custodial periods shall be supervised by the paternal Grandmother, the paternal Grandfather, the paternal Grandfather's wife or other adult selected by agreement of the parties. ?1?1b'h?R?tiN?d s??Ct? ?-, ?? ?. . ? .. ? ti ±1 .(? ?`,r ram t, 4_. ?`7 5. Unless otherwise agreed by the parties, the Mother shall provide transportation for all exchanges of custody. 6. Within three months of receipt of the evaluator's recommendations concerning ongoing custody arrangements, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 7. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, 14 cc: G. Patrick O'Connor, Esquire - Counsel for Father Joan Carey, Esquire - Counsel for Mother 0 &-3 JUSTIN B. HEGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-725 CIVIL ACTION LAW KRISTEN L.KOCH Defendant 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 concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathan R. Hege December 21, 2001 Mother 2. A Conciliation Conference was held on March 26, 2003, with the following individuals in attendance: The Father, Justin B. Hege, with his counsel, G. Patrick O'Connor, Esquire, and the Mother, Kristen L. Koch, with her counsel, Joan Carey, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUSTIN B. HEGE, Plaintiff VS. KRISTEN L. KOCH, Defendant NO. 03-725 Civil Tenn CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE To: The Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania Please mark the withdrawal of the undersigned as counsel for the Plaintiff in the above captioned matter. v atrick O'Connor, Esquire Dated: //D 3 PRAECIPE FOR ENTRY OF APPEARANCE To: The Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania Please mark the entry of the undersigned as counsel for the Plaintiff in the above captioned matter. Dated: G // P 3 J tin ] ege, Pro Se 3804 Chestnut Street Camp ]Hill, PA 17011 August 14, 2003 G. Patrick O'Connor, Esq. 3105 Old Gettysburg Rd. Camp Hill, PA 17011 Dear Mr. O'Connor: Please be advised that I will no longer need your services in regard to the custody matter in which you previously represented me. It is my intention to represent myself until such time as I can arrange for another attorney to represent me. I appreciate it if you would file with the court the appropriate paper work that will make representation of myself possible. Sincerely, / ?*_ Justin 13. Hege Ca r7 ? :mss ?? ?.? " ' : , ' ? ? : ?' ?' tJ' ? ('7 r-` . _ - i .. .;: i°_: !.7 ` tS? < JUSTIN B. HEGE, Petitioner V. KRISTEN L. KOCH, Respondent IN T BE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-725 CIVIL ACTION - AT LAW FOIL CUSTODY PETrr1ON FOR MODIFICATION' OF A PARTIAL CUSTODY AND NOW, comes the Petitioner, Justin B. liege, by and through his attorneys, The Law Offices of Patrick Lauer, Jr., L.L.C., and respectfully petitions this court for modification of a partial custody or visitation order, making the following averments in support: 1. The Petition of Justin B. liege respectfully represents that on April 1", 2003, an order of Court was entered for Partial Custody, a true and correct copy of which is attached hereto. 2. This order should be modified because the best interests and permanent welfare of the child are best served by modifying the previous custody order and allowing the child to have greater ties with his patriarchial family. WHEREFORE, Petitioner requests that the: Court modify the existing order for Partial Custody because it will be in the best interests of the child. ( .' / . 1? eph D. Caraciolo, Esquire 108 Market Street, Aztec Building Camp ]Hill, Pennsylvania 17011-4706 Date:O 2 G ID# 90919 Tel. (717) 763-1800 JUSTIN B. HEGE, Petitioner V. KRISTEN L. KOCH, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-725 CIVIL, ACTION - AT LAW FOR CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this Verification. 'understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dater r Petitioner: / Justin B. Hege JUSTINB. HEGE, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 03-725 KRISTEN L. KOCA Respondent ' Cam- ACTION - AT LAW : FOR CUSTODY CERTIFICATE OF SERE and I hereby certify that I am this day serving a copy of the foregoing petition upon the person in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, to the following person: Kristen L. Koch 535 1s` Street Carlisle, PA 17013 Certified mail, return receipt requested, and by first class mail addressed Respectfully Date: -O i5- 1 7 07h D. C?raciolo, Esquire Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 0# 90919 Tel. (717) 763-1800 ' jL y f? G s O 65 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUSTIN B. HEGE, Plaintiff V. KRISTEN L. KOCH, Defendant CIVIL ACTION - LAW Docket No. 2003-725 (In Custody) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the. Defendant in the above-referenced matter, Kristen L. Koch. SAIDIS, SNUFF, FLOWER & LINDSAY By: SAIDIS SNUFF, FLOWER & LINDSAY ATTORNRYS•AT•LAW 26 W. High Street Carlisle, PA cc: Dawn S. Sunday, Esquire Joseph D. Caraciolo, Esquire kt?rriey I`.15. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717)243-6222 Attorneys for Defendant OCT `? 1 2004 JUSTIN B. HEGE vs. KRISTEN L. KOCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 03-725 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this (v ` day of O(_Oh'L, , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 1, 2003 is vacated and replaced with this Order. 2. The Father, Justin B. Hege, and the Mother, Kristen L. Koch, shall have shared legal custody of Nathan R. Hege, born December 21, 2001. Each parent shalil 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 his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall enroll in the Wrap-a-Round program with ParentWorks. The Father shall follow the recommendations of ParentWorks with regard to the frequency and duration of the Father's participation in the program with the Child. 5. Until such time as the Father receives written recommendations from the ParentWorks Wrap-a-Round program that periods of overnight partial custody with the Child are appropriate and that supervision of the Father's periods of partial custody is no longer necessary, the Father shall have supervised custody with the Child every Monday, Tuesday and Thursday from 4:00 p.m. until 8:00 P.M. 6. At such time as the ParentWorks program recommends implementation of unsupervised overnight periods of partial custody, the Father shall have custody of the Child during alternating weeks from Monday at 11:00 a.m. until Wednesday at 4:30 p.m. and, during the interim weeks on Monday and Tuesday from 11:00 a.m. until 8:00 p.m. 7. The Father shall be responsible to provide transportation for all exchanges of custody unless otherwise agreed between the parties. -, ,.„ ._??,-?,, ? ? , ;p"??"t ,,? n nn r 1Ju ?? JCS i J:.,,. 8. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 3:00 p.m., and the Father shall have custody from Christmas Day at 3:00 p.m. through December 26 at 4:00 p.m. B. Thanksgiving. In every year, the Father shall have custody of the Child on Thanksgiving Day from 11:00 a.m. until 4:00 p.m. and the Mother shall have custody on Thanksgiving Day beginning at 4:00 p.m. C. New Years: In every year, the Mother shall have custody of the Child overnight on New Year's Eve and the parties shall share having custody of the Child on New Year's Day as arranged by agreement. D. Easter: The Mother shall have custody of the Child every year on Easter Sunday. E. July 0: The Father shall have custody of the Child every year on July 4`h with the specific times to be arranged by agreement between the parties. F. Memorial Day/Labor Da v: The parties shall share having custody of the Child on Memorial Day and Labor Day each year, with the specific exchanges times to be arranged by agreement. G. Mother's Day/Father's Day: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day, with the specific times to be arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 9. The parties shall cooperate in continuing their efforts to make arrangements for summer vacation periods of custody by agreement. 10. The Father shall refrain from consuming alcohol during his periods of custody with the Child. The Mother shall refrain from consuming alcohol to the point of intoxication during her periods of custody with the Child. 11. The Father shall obtain a crib or other appropriate bedding for the Child prior to initiation of periods of overnight partial custody. 12. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 13. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide the other party with advance notice of the address and telephone number where the Child can be contacted. 14. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 15. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, 4A A. Hess J. cc: a6seph D. Caraciolo, Esquire - Counsel for Father „Lindsay Gingrich Maclay, Esquire - Counsel for Mother I;k N &J7 0V JUSTIN B. HEGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. KRISTEN L. KOCH Defendant 03-725 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: I. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathan R. Hege December 21, 2001 Mother 2. A conciliation conference was held on September 28, 2004, with the following individuals in attendance: The Father, Justin B. Hege, with his counsel, Joseph D. Caraciolo, Esquire, and the Mother, Kristen L. Koch, with her counsel, Lindsay Gingrich Maclay, Esquire. 3. The parties agreed to entry of an Order in the form as attached. - 5i fir .2 9 ?y Date Dawn S. Sunday, Esquire Custody Conciliator Foreman & Foreman, PC Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 61h Floor Harrisburg, PA 17101 717-236-9391 717-236-6602 facsimile Attorney for Plaintiff Joseph@foreman-foreman.com JUSTIN B. HEGE Plaintiff V. KRISTIN L. KOCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-725 CIVIL ACTION - LAW CHILD CUSTODY PETITION FOR MODIFICATION OF A PARTIAL CUSTODY ACTION AND NOW, comes the Petitioner, Justin B. Hege by and through his attorneys, Joseph D. Caraciolo, Esquire, and Foreman and Foreman, P.C., and respectfully petitions this Court for Modification of a Partial Custody Order making the following averments in support thereof. 1. Petitioner is Justin B. Hege, an adult individual, who currently resides at 102 E. Main Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent is Kristin L. Koch, an adult individual, who currently resides at 535 First Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The subject minor child is Nathan R. Hege, Date of Birth December 21, 2001. 4. The parties participated in a custody conciliation conference before Dawn Sunday on September 29, 2004. 5. As a result of the above captioned conciliation conference, the parties entered into an agreement and an Order of Court dated October 6, 2004 was entered by the Honorable Judge Hess. A true and correct copy of the Order of Court is attached hereto and incorporated herein through reference as Exhibit A. 6. Since the date of this Order, Petitioner has enjoyed greater periods of physical custody than had otherwise been agreed, including, Mondays, Tuesdays, and Thursdays from 4:00pm to 8:00pm and every other Friday at 4:00pm until Sunday at 5:00pm. 7. Recently, Respondent has failed to allow Petitioner to enjoy the overnight periods to which the parties had agreed. • 8. Petitioner now desires to formalize the parties' agreement as an Order of Court such that it may be enforced with the same weight as the previous Order attached as Exhibit A. 9. The parties had previously agreed that the best interest of the child would be to spend Mondays, Tuesdays, Thursdays and every other Friday through Sunday with Petitioner. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing Order for Partial Custody as it is in the best interest of the child. Foredan A ForoMan, P, Date: 0 a- a U JOefh D. Caika6ioloPAuir 12 Market Street, 6 Floor Harrisburg, PA 17101 717-236-9391 Attorney for Plaintiff Attorney ID No. 90919 i JUSTIN B. HEGE Plaintiff V. KRISTIN L. KOCH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-725 CIVIL ACTION - LAW CHILD CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Plaintiffs Petition for Modification of a Partial Custody Action upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same, First Class Mail, addressed as follows: Lindsay Gingrich MaClay Attorney of record for the Defendant 26 W. High Street Carlisle, PA 17013 ittedl Date: 00? a9 lZ_ P. J epK D. Caraciolo, Esquire 2 Market Street, e Floor arrisburg, PA 17101 717-236-9391 Attorney for Plaintiff Attorney ID No. 90919 C} '-. Q r r il r .y JUSTIN B. HEGE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTIN L. KOCH DEFENDANT • 2003-725 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 27, 2007 , 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, September 26, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: /s/ Dawn S. Sunda Es . 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 L.Wo AlaJ -rd , n C:?G1 6Z ,z wa SZ Ana Lbaz 4-a e. sle ; ? 0.5e.A Lindsay Gingrich Maclay, Esquire Daley Zucker Menton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imacla _dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUSTIN B. HEGE, Plaintiff V. KRISTIN L. KOCH, Defendant Docket No. 2003-725 (In Custody) CIVIL ACTION - AT LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Defendant in the above-referenced matter, Kristin L. Koch. Date: 3 T DALEY ZUCKER MEILTON MINER & By: LLC Attorney I.N.No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance Pro Se in the above-referenced matter. Date: 9 37- () -7 Kristin L. Koch, Defendant Pro Se 535 1$` Street Carlisle, Pennsylvania 17013 ?` ??? ? ?? ?? ? a : -v ? ...a `v...4 ,..? ??wwV?? «A? ?! • ? SEP 2 7 2007 hV V- JUSTIN B. HEGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-725 CIVIL ACTION LAW KRISTIN L. KOCH Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z-t' day of ?.,?aUc.?l cs 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 6, 2004 is vacated and replaced with this Order. 2. The Mother, Kristin L. Koch, and the Father, Justin B. Hege, shall have shared legal custody of Nathan R. Hege, born December 21, 2001. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 12:00 noon. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Child on Tuesday and Thursday from 3:30 p.m. until 7:00 p.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Monday and Wednesday from 3:30 p.m. until 7:00 p.m. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this provision. )?4 aaS ??,?U ;? +. R t.z 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 3:00 p.m. and the Father shall have custody from Christmas Day at 3:00 p.m. through December 26 at 4:00 p.m. B. New Years: In every year, the Mother shall have custody of the Child from 7:00 p.m. on New Years Eve through New Years Day at 12:00 noon, and the Father shall have custody from New Years Day at 12:00 noon through January 2nd at 7:00 p.m. or, if there is school on January 2na? until New Years Day at 7:00 p.m. C. Thanksgiving: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 7:00 p.m. through Thanksgiving Day at 3:00 p.m., and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday at 5:00 p.m. D. Easter: The mother shall have custody of the Child for Easter Sunday every year. E. Memorial Da /July 4h /Labor Day: The parties shall equally share having custody of the Child over the Memorial Day, July 4`h and Labor Day holidays as arranged by agreement. F. Mother's Day/Father's DaX: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each parent shall be entitled to have a period of vacation custody with the Child as arranged by agreement between the parties. 6. Unless otherwise agreed between the parties, the Father shall provide transportation for all exchanges of custody with the exception of the exchange on alternating Sundays at 12:00 noon, when the parties shall meet at a halfway point on Trindle Road and Stonehouse Road for the exchange. 7. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 8. Neither party shall drink alcohol to the point of intoxication during periods of custody with the Child. The parties shall ensure that third parties having contact with the Child comply with this provision. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at 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. BY THE COURT, cc: _kkph D. Carriciolo, Esquire - Counsel for Father --Kfichael Gennett, Esquire - Counsel for Mother J SEP 2 7 2007 JUSTIN B. HEGE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. KRISTIN L. KOCH Defendant Prior Judge: Kevin A. Hess 03-725 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 concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathan R. Hege December 21, 2001 Mother/Father 2. A custody conciliation conference was held on September 26, 2007, with the following individuals in attendance: the Father, Justin B. Hege, with his counsel, Joseph D. Carriciolo, Esquire, and the Mother, Kristin L. Koch, with her counsel, Michael Gennett, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA JUSTIN B. HEGE, Civil Action At Law-Custody Plaintiff/Respondent, Case No. 2003-725 VS. KRISTIN L. KOCH, Defendant/Petitioner PETITION TO MODIFY CHILD CUSTODY ORDER 1. Petitioner, is Kristin L. Koch, who currently resides at 535 ls' Street, Carlisle, 17013, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Respondent is Justin B. Hege, who currently resides at 5317 Oxford Circle, Apt. 74, Mechanicsburg, 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 3. On the 27'x' day of September 2007 a Court Order for custody was entered which granted Primary Physical Custody of the child, to Kristin L. Koch, and partial Physical custody to Justin B. Hege, respectively. 4. The Court Order granted Shared Legal Custody as between the parties. 5. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined. (a) Petitioner mother since on or around September 27th, 2007 has had Primary Physical Custody of the minor child. (b) The minor child has been diagnosed by Mark A. Zengerle, psychologist, on or about April of 2007, with Asperger's Disorder and Oppositional Defiant Disorder. (c) The child has been prescribed Resperdal by Pinnacle Health Behavioral Services, (hereinafter referred to as PHBS) to minimize or ideally eliminate his anxiety and agitation, during periods of interaction with peers, and family and/or lend or enhance concentration during circular subjects. (d) PHBS, has deemed the continued use of this medication as medically necessary to reduce the likelihood of confrontational behavior relative to his interaction with peers and family members. (e) It has been noted by Wendy Kingsley, BSED, a special education teacher, that the child has made substantial academic progress, since the inception of his diagnosis, and is now ready to mainstream with other peers. (f) The biological father is refusing to abide by the medical recommendations established by the aforementioned providers and has candidly dismissed the need of the child to continue to partake of the prescription that heretofore has significantly benefited the child by controlling his emotional volatility and enhanced his level of concentration to the extent that he has now been deemed ready to mainstream into a non-special education class. (g) The father has on an occasion neglected to give to the child the prescription during his period of custody. (h) The father refuses to cooperate with the Psychiatrist, as it regards to the ongoing treatment of the child with medication that has proven to benefit the child by enabling him to be socially appropriate and enhances his level of concentration relative to his academic endeavors. (i) The mother is fearful that if the child is not encouraged to take the prescribed medication that his social, behavioral and academic progress will regress to the point that he will once again become a threat to both himself and his peers and family members. 5. The best interest of the child will be served by the Court in modifying said Order for the aforementioned reasons and granting to mother, Kristin L. Koch, Sole Legal Custody of the child or in the alternative to modify the Order to require that father cooperate with the recommended treatment plan proposed by the Psychiatrist WHEREFORE, Petitioner prays this Court to allow the modification of the Custody Order to grant Sole Legal Custody of the child to Petitioner, Mother, or in the alternative to to modify the Order to require that father cooperate with the recommended treatment plan proposed by the Psychiatrist. Respectfully submitted, tioner West Main Street Mechanicsburg, PA. 17055 Phone: 717-790-5500 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. 4904 relating to unsworn falsification to authorities. Date 2 (x-061 Kristin L. Koch, Petitioner 1, P ?`? C? _ ?9 + ?V V d ?y ? T ` 'r di ? `' ° _` s ? ? __ ?.v ?j; `°C'. JUSTIN B. HEGE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2003-725 CIVIL ACTION LAW KRISTIN L. KOCH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 04, 2009 , 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 Monday, April 06, 2009 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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 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 /rc_v AMU)17 za ?1'143elvvlo 0 5 .c Wd ? - SO UK "WM. YAv J J 2' 1 JtJ JUSTIN B. HEGE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENC,ISYLVANIA vs. 2003-725 CIVIL ACTION LAW KRISTIN L. KOCH = Defendant IN CUSTODY ORDER AND NOW, this 8th day of April, 2009 , the conciliator, being advised by Petitioner's counsel that all custody issues have been resolved by agreement between the parties„ hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April 6, 2009 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator OF THE 2099 MAY 12 10: 3, 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JUSTIN B. HEGE, Plaintiff, vs. (Respondent) KRISTIN L. KOCH, Defendant, (Petitioner) Civil Action-----Custody Civil Action No. 03-725 THIS STIPULATION AND AGREEMENT entered into this ` 7W , day of TUAI(?" , 2009, by and between Kristin L. Koch, (hereinafter referred to as "Mother") and Justin B. Hege, (hereinafter refereed to as "Father") NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of one child, by the name of Nathan R. Hege, (hereinafter "Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The prior Order dated September 27th, 2007 is vacated and replaced with this Order of Court. 2. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither parry shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each parry shall notify the other of any activity or circumstances concerning the child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 PaC.S>A. 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Mother shall have Primary Physical Custody of the child subject to the father's right to exercise Partial Custody of the child pursuant to this agreement. 4. The parties shall have Shared Legal Custody of the child. 3. Father shall have custody of the child, as follows: 4. The father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 12:00 noon. During weeks following the Father's weekend periods of custody, the Father shall have custody of the child on Tuesday and Thursday from 3:30 p.m. until 7:00 p.m.. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Monday and Wednesday from 3:30 p.m. until 7:00 p.m 5. Mother shall have Primary Physical Custody of the child on all other times that the child is not in the custody of the father as provided to father pursuant to this agreement. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 3:00 p.m. Father shall have custody on Christmas day at 3:00 p.m. until December 26th, at 4:00 p.m. B. NEW YEARS: In every year the Mother shall have custody of the Child from 7:00 p.m. on New Years Eve through New Years Day at 12:00 noon, and the Father shall have custody from New Years Day at 12:00 noon through January 2"d, at 7:00 p.m. or, if there is school on January 2°d, until New Years Day at 7:00 p.m. C. THANKSGIVING: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 7:00 p.m. through Thanksgiving Day at 3:00 p.m. and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday at 5:00 p.m. D. FASTER& The mother shall have custody of the Child for Easter Sunday every year. E. MEMORIAL DAY1,11ILY 4THLLABOR DAY: The parties shall equally share having custody of the Child over the Memorial Day, July 4th, and Labor Day holidays as arranged by agreement. F. MOTHER'S DAYIFATHFR'S DAY: In every year the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each parent shall be entitled to have a period of vacation custody with the Child as arranged by agreement between the parties. 8. Unless otherwise agreed between the parties, the father shall provide transportation for all exchanges of custody with the exception of the exchange on alternating Sundays at 12:00 noon, when the parties shall meet at a halfway point on Trindle Road and Stonehouse Road for the exchange. 9. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 10. Neither party shall drink to the point of intoxication, while in the presence of the child during their periods of custody. 11. Neither party shall do or say anything, which may estrange the Child from the other parent. Inure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Bother parties shall ensure that third parties having contact with the child comply with this provision. 12. It is hereby understood and agreed that the Father will cooperate with, the treatment plans, of (but not by way of limitation,) psychiatrist, psychologist, medical and/or counseling recommendations, that are issued by any one or all of such providers. 13. Father shall also cooperate with any in-home specialist, including but not by way of limitation, psychiatrist, psychologists, counselors, medical providers, and/or therapeutic services that are designed to treat (to the extent applicable) the childs' physiological and/or psychological disorders. 14. Father shall also comply with the administration of any medications that are deemed necessary to treat the child and that have been determined to be in the childs' best interest for the treatment of, both physical, and psychological issues. 15. The parties hereto intend to be legally bound by the terms of this agreement. 15. This Agreement can only be modified, altered, or changed through the execution of a written agreement by and between the parties relative to the issue of custody. GREGORY S. HAZLETT, ESQUIRE 7 Vest Main Street Mechanicsburg, PA. 1705 Phone: 717-790-5500 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Kristin L. och COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on this L g day of, Jkc,#4- 00, personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Kristin L. Koch, parry to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid 4 /tL kl Of PENN 1 NOTARIAL NoSEAL ta Y Public ' DARCIE A . e Cumberland County Notary Public tM(,)! n of Carlisle, Com mission Expires Nov. 24, 2009 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Justin B. e COMMONWEALTH OF PENNSYLVANIA : S.S. COUNTY OF CUMBERLAND BE IT REMEMBERED, that on this /9 , day of, , JA=AL personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Justin B. Hege, party to this Agreement, known to me personally to be such, and he acknowledged the act of signing this Agreement Sworn to and subscribed before me the day, month and year aforesaid -a COMMONWEALTH OF PENNSYLVANI NOTARIAL SEAM DARCIE A. NEIL, Notary Public 80ro of Carlisle, Cumberland County My Commission Expires Nov. 24, 2009, Notary Public FILF-Fj-U' Or, 4 'M 'U; 27 PM 1: ',S L %j L LIM, JUL ? 8 2009l.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA JUSTIN HEGE, Plaintiff, Respondent V. KRISTIN L. KOCH, Defendant, Petitioner No. 03-725 Civil Action - Custody ORDER OF COURT AND NOW, this Z V , day of <7" , 2009, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Kristin L. Koch, hereinafter referred to as ( Mother) and Justin B. Hedge, hereinafter referred to as ( father) as to the custody of the minor child known as Nathan R. Hege, hereinafter referred to as (child) IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child. 1. The prior Order dated September 27th, 2007 is vacated and replaced with this Order of Court. 2. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstances concerning the child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions, which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 PaC.S.A. 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Mother shall have Primary Physical Custody of the child subject to the father's right to exercise Partial Custody of the child pursuant to this agreement. 4. The parties shall have Shared Legal Custody of the child. 3. Father shall have custody of the child, as follows: 4. The father shall have custody of the Child on alternating weekends from Friday at 5:00 p.m. through Sunday at 12:00 noon. During weeks following the Father's weekend periods of custody, the Father shall have custody of the child on Tuesday and Thursday from 3:30 p.m. until 7:00 p.m.. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Monday and Wednesday from 3:30 p.m. until 7:00 p.m 5. Mother shall have Primary Physical Custody of the child on all other times that the child is not in the custody of the father as provided to father pursuant to this agreement. 6. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In every year, the Mother shall have custody of the Child from Christmas Eve at 5:00 p.m. through Christmas Day at 3:00 p.m. Father shall have custody on Christmas day at 3:00 p.m. until December 26th, at 4:00 p.m. B. NEW YEARS: In every year the Mother shall have custody of the Child from 7:00 p.m. on New Years Eve through New Years Day at 12:00 noon, and the Father shall have custody from New Years Day at 12:00 noon through January 2"d, at 7:00 p.m. or, if there is school on January 2"d, until New Years Day at 7:00 p.m. C. THANKSGIVING: In every year, the Father shall have custody of the Child from the Wednesday before Thanksgiving at 7:00 p.m. through Thanksgiving Day at 3:00 p.m. and the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday at 5:00 p.m. D. EASTER: The mother shall have custody of the Child for Easter Sunday every year. E. MEMORIAL DAY/JULY 4/LABOR DAY: The parties shall equally share having custody of the Child over the Memorial Day, July 4d', and Labor Day holidays as arranged by agreement. F. MOTHER'S DAY/FATHER'S DAY: In every year the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 7. Each parent shall be entitled to have a period of vacation custody with the Child as arranged by agreement between the parties. 8. Unless otherwise agreed between the parties, the father shall provide transportation for all exchanges of custody with the exception of the exchange on alternating Sundays at 12:00 noon, when the parties shall meet at a halfway point on Trindle Road and Stonehouse Road for the exchange. 9. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. 10. Neither party shall drink to the point of intoxication, while in the presence of the child during their periods of custody. 11. Neither party shall do or say anything, which may estrange the Child from the other parent. Inure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Bother parties shall ensure that third parties having contact with the child comply with this provision. 12. It is hereby understood and agreed that the Father will cooperate with, the treatment plans, of (but not by way of limitation,) psychiatrist, psychologist, medical and/or counseling recommendations, that are issued by any one or all of such providers. 13. Father shall also cooperate with any in-home specialist, including but not by way of limitation, psychiatrist, psychologists, counselors, medical providers, and/or therapeutic services that are designed to treat (to the extent applicable) the childs' physiological and/or psychological disorders. 14. Father shall also comply with the administration of any medications that are deemed necessary to treat the child and that have been determined to be in the childs' best interest for the treatment of, both physical, and psychological issues. 15. The parties hereto intend to be legally bound by the terms of this agreement. 16. This Agreement can only be modified, altered, or changed through the execution of a written agreement by and between the parties relative to the issue of custody. (a) The parties accept this agreement in lieu of their appearance before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. BY THE COURT, F1LFi ? ' p ? t Hit i , 2 29, o9 1ut.- (n ` I, ' c L, iv J- ?l ? '7'T7