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HomeMy WebLinkAbout98-07284 .~ ..... I Q;: I i'-.( Vl ~ ! .~ I st ;--..i. I j I , ( \. ~ ......... . ... .::) ..... \:J ~ ~ \'( ~ ~ ~ ~ {~i)S!::~,}L:::::~>,., j I~~~:~L;._ " .,' ,LAWOfflCU, " O'BRIEN'6ARiCiScHERER ' ':';. c'.' ,,"",''-:'';'''',;',,'';'.. ',',,-,,',,'. .. . 11'116 Tl\llITl'IS'I1\f.ET' '_,': ,,' :',', ,,,:1,',.. , '~.' " o;PJ.JSi..E: PENNSnV ^"II^ 17013 ''''1' ,,~ . ~'rl" I~ " ~:t.", \'.... '- .r \~ , . . \ \ : r ',-, I n '. . ,;,.-!, ,. , ".", ;'-''-'1- -.;. ..........'."-i~.,;,._"-:."...l;~-........';-\~ ,') ',~ .. '>." ,.+ I"', ' ' ',,: ' l , .' '" " " ',", ..'ft': , , , ' . , ' ' ," , ~ f" > " . , .:" " ,~', . -, ..,' ' , ,.' - , . - " ~ , " ERIN M. LAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERl.AND COUNTY, PENNSYLVANIA NO. 98- lJ. g- 4- CIVIL TERM CIVIL ACTION-LAW IN CUSTODY v. DAROL R. LAIN, Defendant ORDER OF COURT AND NOW, this f.. ~ day of -h ' 19~, the attached Stipulation and Agreement is hereby made an Order of Court and all prior Orders on this matter are hereby vacated. J. II 'I II \1 II I' II 'I II 'I II I' I: Ii II 'I I ~-~, ,-,'--,- L.....----> '~ "'''. ~ ....... j ;....J- ... . ''-.''o' .:.': .. :,.' . "'.~' ",', l ',', :: ,", ,,'+. )..,.:: .... :,' ".' ,,' , '_' ' . \ II I' , I i I i II , i I I' il II :,\ " I ! i \. ERIN M. LAIN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98- ':'.2, 'I CIVIL TERM DAROL R. LAIN, Defendant CIVIL ACTION-LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into this 1'113 day of ikCL.d:.r.-. 1998, by and between Erin M. Lain (hereinafter referred to as "Mother") and Darel R. Lain (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of Jacquelynn Marie Lain, born July 12,1994 and Natalie Ann Lain, born December 9,1997 (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an agreement relative to the custody I il il II 11 ii " ii !I :j II " " I :1 " 't and partial custody of the children; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall tlave joint legal custody of the children. 2. The mother shall have primary physical custody of the children. 3. The father shall have partial physical custody of the children according to the following schedule a. Every other weekend from Friday at 6 p.m. through Sunday at 6 p.m; b. Each Wednesday evening for two hours at a time which is mutually agreed upon by the parties; c. At such other times as is mutually agreed upon by the parties. 4. For the 1998 Christmas season, the father shall have the following periods of partial physical custody: a. On Christmas Day, 1998, father shall have partial custody of the children from 10:00 a.m. until 3 p.m.; b. On December 30,1998, father shall have partial custody of the children until January 4, 1999. Father is permitted to take the children to visit father's family in the state of Wyoming during this period of partial custody. ,I , 5. The children shall not be permanently removed from Pennsylvania without ;..r~ . JI:~ ;.;iIr;:, ", ' , ,. \ "",' " , ,. ,. ".' ' . :" . ': ,'~' ..,.~.'.",' '. " .: , " , mutual consent of the parties or court approval. 6. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to I I I I I I i I I i i i II il II II insure that the health and well being of the children are protected. 7. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the other party. 8. The parties agree to use appropriate language and conduct when in the presence of the minor children. i provisions of this Agreement. I I I , 'I I I I I II i I ~I'ESS.: J~:- i~)td~/ (I; . -il- I 'I I " II il il II !I ii il I I II 9. Any modification or waiver of the provisions of this Agreement shall be , .~ .", ',,''', , " ~ :, / : ,', ~'"'. " . . . , . ., ',- ""': , " 1> .' I h I I Ii , I I i I I i effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties' minor children and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 11. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 12. The parties acknowledge that they have read and understand the 13. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below, )1? 7r;ti~{'J:" 0/; /)1. ~Z . ,~ Erin M. Lain - ~hu t (2 .K;~_\ Darel R. Lain " / ; /,'. ! I :' l I' / I ..\ ',.' ,/; I ;",,--,~~~:; j , .: , '< , 'l \.' ,~ '~ , . " " ~ ~. t", C) ,"" \I.r. \ 'J' ,;::. '0"-"") -. ~" N '-'J .. , . ( , ,~ ~ ('\~ - :: \ ( . ,,' (:)--. '-.S "-, -...., (\J - N '= r--- -vi "- o '< " ~_ to ~ ,~ I;- --- J ~ ,~ . J ~ J ,--< (, F . ,_" T_ .' " " l '.' " ERIN M. LAIN, v. DAROL R. LAIN, r-7 r-..~ r a IN THE COURT OF COMMON PLE:~O~ Plaintiff CUMBERLAND COUNTY, PENNSI~~N~, r~ ~= ,g.. ~ .~ . cn r' w a .,., ~ :`.~ 1998-7284 CIVIL -~~•-= ~' NO `a,~-' , . rte, , ~~ CIVIL ACTION LAW ~-~=_ ~;~ Defendant IN CUSTODY ~ >carv c~ "-~ ..._ ~ . ~~' : . PETITION TO MODIFY CUSTODY 1. The Petitioner is Erin M. Lain, (hereinafter referred to as "Mother"), who is an adult individual residing at 17 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Respondent is Darol R. Lain, (hereinafter referred to as "Father"), an adult individual who is an adult individual residing at 5345 Joshua Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one minor child, namely Natalie Lain, born December 9, 1997 (hereinafter referred to as "Child") 4. The parties are governed by an Order dated January 6, 1999, which is attached hereto as "Exhibit A." 5. By oral agreement of the parties, father has had primary physical custody of the child since September, 2011. 6. The present custody schedule does not allow mother sufficient time with the child and mother desires to obtain a modified custody arrangement in this case. 7. Judge Guido is the prior judge in this matter. C 1~ 19x37 ~'7~.~~372 i WHEREFORE, mother respectfully requests this Honorable Court modify the existing custody order/arrangement to provide mother with expanded physical custody of the child. Date: ~ ~ 3~' ~ 2 Respectfully submitted, BARK SCHERER, LLC Michael a' St;herer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/lain/modify.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: / U D Erin M. Lain .~ CERTIFICATE OF SERVICE I hereby certify that on November 30, 2012, I, Andrea M. Ramos, of Baric Scherer LLC, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Darol R. Lain 5345 Joshua Road Mechanicsburg, PA 17050 Andrea M. amo ERIN M. LAIN, : IN THE COURT OF COMMON PLEAS Ofi Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v_ NO. 9&- '-' •~ ~ '' CIVIL TERM DAROL R. IAtN, CIVIL ACTION-LAW Qefendant IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THlS AGREI=MENT AND STIPULATION entered into this <'"~~ day of~,?~c.+~4~ ~i ~ 1998, by and between Erin M. Lain (hereinafter referred to as "Mother"} and Darol R. Lain (hereinafter referred to as "Father"). ~ WHEREAS, the parties are the natural parents of Jacquelynn Marie Lain, born July 12, 1994 and Natalie Ann Lain, born December 9, 1997 (hereinafter referred to as ~~ ;~i "children"); and, I WHEREAS, the parties are presently separated and living in separate j residences; and, ~~ WHEREAS, the parties wish to enter into an agreement relative to the custody ~~ and partial custody of the children; and, { !l ''~ NOW, THEREFORE, in consideration of the mutual covenants, promises and i k agreements as hereinafter set forth, the parties agree as follows: 1. The parties shall have joint legal custody of the children. ,i ~';~ 2. The mother shall have primary physical custody of the children. ~i 3. The father shall have partial physical custody of fhe children according to ;~ '~ ~i the following schedule: i i ~'; ,~ I ;~ . ,r:~r. .; r a. Every other weekend from Friday at 6 p.m. through Sunday at 6 p.m; b. Each Wednesday evening for two hours at a time which is mutually agreed upon by the parties; c. At such other times as is mutually agreed upon by the parties. 4. For the 1998 Christmas season, the father shall have the fallowing periods of partial physical custody. a. On Christmas Day, 1998, father shall have partial custody of the children from 10:00 a.m. until 3 p.m.; b. On December 30, 1998, father shall have partial custody of the children until January 4, 1999. Father is permitted to take the children to visit father's family in the state of Wyoming during this period of partial custody. 5. The children shall not be permanently removed from Pennsylvania without mutual consent of the parties or court approval. 6. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health and well being of the children are protected. 7. Neither parent shall do anything which may estrange the child from the other party, or injury the opinion of the child as to the other party or which may hamper the free and natural development of the child's love or affection for the other party. 8. The parties agree to use appropriate language and conduct when in the presence of the minor children. 9. Any modification or waiver of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 10. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody and the parties' minor children and shall retain jurisdiction should circumstances change and either party desire or require modification of said Order. 11. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 12. The parties acknowledge that they have read and understand the provisions of this Agreement. 13. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof set their hands and seal the day and year written below. ~ WIT~ESS. _ , -' ;~' .. -- Erin M. !_ in ~, ~~ ~~', 1 Darol R. Lain ~ Yy . M ', ERIN M. LAIN, IN THE COURT OF COMMON PLEAS OF Plaintiff v. DAROL R. LAIN, Defendant Prior Judge: Edward E. Guido, J. AND NOW this A, r day of April 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: CUMBERLAND COUNTY, PENNSYLVANIA No. 98 -7284 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT 1. A pretrial conference with the Assigned Judge is hereby scheduled in the above case on the 104day of May 2014 ata.Virm in courtroom number 3 of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4 -4. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the a 3( day of May 2014 at /v'400 A .m in Courtroom number 3 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the potential relocation of Father to Texas and the overall physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. 3. Legal Custody: The Father, Darol R. Lain, and the Mother, Erin M. Lain, shall have shared legal custody of Natalie Lain, born 12/09/1997. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Father shall have primary physical custody of the Child subject to Mother's partial physical visitation /custody as follows: a. Mother shall have visitation with Natalie at least one time per week for two hours; the parents have up until this point agreed upon Thursday from 4:30 pm until 6:30 pm. The parents may alter this schedule and times by agreement of the parties. b. Mother shall have physical custody of the Child at such other times as the parties may mutually agree. 5. Therapeutic Family Counseling: The parties have agreed to, and shall, engage in therapeutic family counseling (with the focus on reconciliation /reunification between Mother and Natalie) with a qualified professional. The cost of the counseling, after appropriate payment through insurance shall be borne by Father. The parties shall mutually select and schedule an appointment within one week. 6. Custody Evaluation: The parties have already had a custody evaluation performed by Ms. Salem. Mother initially paid for the evaluation and is specifically requesting the Court to re- allocate the cost of the evaluation in an equitable manner. 7. The non-custodial parent shall have liberal telephone/email/text contact with the Child on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical and/or mental health emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 12. In the event the parties have come to an agreement, or close to an agreement, in regard to Father moving to TX and the re-allocation of the evaluation fee, either party has the right or option of directly contacting the assigned conciliator for a conference prior to the scheduled custody hearing. 13. 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, e tAgnsK this Order shall control. frl CI) Fri cn ' czo 5„ *-7 ibution: hanie DiVittore, Esquire hael Scherer, Esquire John J. Mangan, Esqure @Cf es" raw i/ 9 dfri -117 ERIN M. LAIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 98 -7284 CIVIL ACTION LAW DAROL R. LAIN, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3 -8(b), the undersigned Custody Conciliator submits the following report: The pertinent infolination pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Natalie Lain 12/09/1997 Primary Father 2. An Order of Court was entered January 06, 1999 by agreement, a conciliation conference was held February 04, 2013, an Order issued February 05, 2013, a conference was held February 28, 2014 with the following individuals in attendance: The Mother, Erin Lain, with her counsel, Michael Scherer, Esq. The Father, Darol Lain, with his counsel, Stephanie DiVittore, Esq. 3. The parents' position on custody is as follows: Currently, Father has primary custody and Mother has two hours with Natalie per week. A custody evaluation was performed by Ms. Salem. Father reports that Natalie does not want to have a relationship with Mother. The problem here is that Father has to relocate to Texas at the end of Natalie's school year due to his employment. All parties are in agreement that the relationship between Mother and daughter needs a lot of work. Father offered that if he was allowed to move to Texas with Natalie, he would be willing to have Natalie engage in counseling with Mother and that he would provide transportation for Natalie to travel back here to PA for visitation with her Mother as often as possible. Mother alleges that Father and step- mother have engaged in parental alienation. Mother indicated that she may consider letting Natalie go to TX with Father if her relationship with Natalie was normal and healthy; however, this is not the case. Mother is concerned that if Natalie goes to TX, she may never see her again, or at least on a very limited basis. Mother very much would like to have a good relationship with Natalie and is willing to engage in counseling with her. Mother does not feel that increasing her time with Natalie (forced) would be beneficial at this point in time. All parties have agreed to therapeutic family counseling with the focus on reunification with Mother. 4. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 5. 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. oui�J.��angan, Esquire C �tod Conciliator Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Flr. P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Defendant ERIN M. LAIN, Plaintiff v. DAROL R. LAIN, Defendant DEFENDANT'S UNCONTESTED MOTION FOR CONTINUANCE NOW COMES Defendant Darol R. Lain, by his attorneys, Rhoads & Sinon LLP, and files the within Uncontested Motion for Continuance, stating as follows: 1. Based on the Custody Conciliation Report, this matter was schedule for a Pretrial Conference on May 8, 2014 and a Hearing on May 23, 2014 before the Honorable Edward E. Guido. OF THE PRAT hi .10T 20114P Y -9 PM I2 1 I CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION LAW — CUSTODY : No. 1998-7284 2. Since receipt of the scheduling order, the parties have begun to discuss settlement and reasonably believe that this matter may be resolved without the need for a hearing. 3. As a result, Defendant Darol R. Lain respectfully requests that the Pretrial Conference scheduled for May 8, 2014 and the Hearing scheduled for May 23, 2014 be continued. 4. Defendant requests that an alternative date be scheduled after June 1, 2014 in order that the parties have time to finalize the possible settlement. 5. Counsel for Plaintiff, Michael Scherer, Esquire, was contacted and concurs in this request. 951673.1 WHEREFORE, Defendant Darol R. Lain respectfully requests this Honorable Court to grant a continuance of the May 8, 2014 Pretrial Conference and the May 23, 2014 Hearing in this matter until a date after June 1, 2014. Respectfully submitted, RHOADS & SINON LLP By: P) VC, C%j ✓1 v✓ E.Dil )or Stephanieti' e One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 2 Attorneys for Defendant Darol R. Lain CERTIFICATE OF SERVICE I hereby certify that on this May 8, 2014, a true and correct copy of the foregoing Uncontested Motion for Continuance was served by means of electronic mail and United States mail, first class, postage prepaid, upon the following: Michael Scherer, Esq. Baric Scherer LLC 19 West South Street Carlisle, PA 17013 Susan B. Chandler ERIN M. LAN, Plaintiff v. DAROL R. LAN, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION LAW — CUSTODY : No. 1998-7284 ORDER AND NOW, this /34 of May, 2014, it is hereby ORDERED that Defendant's Uncontested Motion for Continuance is hereby GRANTED. The Pretrial Conference in this matter scheduled for May 8, 2014 is CONTINUED. The Hearing in this matter scheduled for May 23, 2014 is CONTINUED. The Pretrial Conference shall instead be scheduled for I 2- bit) a. , 2014 al3 : r m. in Courtroom No. and the Hearing shall be scheduled for Distribution: .4 , 2014 at I '7U P1I.m. in Courtroom N BY THE COURT: Plaintiff'Michael Scherer, Esq., Baric Scherer LLC Defendant — Stephanie E. DiVittore, Esq.,4oads & 17108-1146 J. , 19 West South St., Carlisle, PA 17013 Sinon LLP, PO Box 1146, Harrisburg, PA C) m z cn c.7 7.74r ›B• 9? 01 rTl -n 3 ERIN M. LAIN, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS Plaintiff v. CASE NO. 98-7284 CIVIL ACTION DAROL R. LAIN, IN CUSTODY Defendant YLVANli sc-- LA Wu) r\.) JOINT MOTION FOR ADOPTION OF CUSTODY STIPULATION NOW COME Plaintiff Erin Lain, by and through her counsel, Baric Scherer LLC, and Defendant Darol Lain, by and through his counsel Rhoads & Sinon LLP, and file this Joint Motion for Adoption of Custody Order, stating as follows: 1. The parties have agreed to and signed a stipulation with respect to the minor child Natalie Lain. (A copy of the Stipulation is attached hereto as Exhibit "A"). 2. Pursuant to their agreement, the parties hereby move the Court for entry of a Custody Order consistent with the Stipulation and request that the Pretrial Conference scheduled for June 12, 2014, and Hearing scheduled for July 28, 2014 be cancelled. WHEREFORE Plaintiff Erin Lain and Defendant Darol Lain and respectfully request that this Honorable Court enter an Order of Custody in accordance with the terms of the parties' agreement. By: 955048, 1 Respectfully submitted, BARIC SCHERER LLC Michael cherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorneys for Defendant By: Respectfully submitted, RHOADS & SINON LLP Stephanie E. DiVittore, Esquire P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff EXHIBIT A ERIN M. LAIN, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CASE NO. 98-7284 CIVIL ACTION LAW DAROL R. LAIN, IN CUSTODY Defendant CUSTODY STIPULATION & AGREEMENT NOW COME Plaintiff Erin M. Lain ("Mother"), by and through his attorneys, Baric Scherer LLC, and Defendant Darol R. Lain ("Father"), by and through his attorneys, Rhoads & Sinon LLP, and submit the within Custody Stipulation and Agreement regarding the custody of minor child Natalie Lain (born December 9, 1997) ("Child") as follows: 1. Legal Custody The Father and the Mother shall have shared legal custody of the Child. The parties shall have an equal right 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody Father currently has primary, physical custody of the Child, but Father is relocating to Texas. The parties agree that, upon relocation, Mother shall have primary physical custody of the 953879,1 Child subject to Father's partial physical visitation/custody. The parties agree that Father shall have periods of partial physical visitation/custody to be determined by the parties when visiting Pennsylvania. The parties further agree that Father shall have liberal periods of partial physical visitation/custody with the Child in Texas during the surwner. The parties agree they will work together to arrange for visitation in Texas. Father shall also have physical custody of the Child at such other times as the parties may mutually agree, 3. Contact with the Child The non-custodial parent shall have liberal telephone/email/text contact with the Child on a reasonable basis. 4. Holidays The parents shall arrange the holiday schedule as mutually agreed upon, including holiday custody/visitation with Father in Texas. 5. Disparagement Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 6. Counseling The Child will continue with counseling as recommended by her current counselor. Father and Mother agree to participate in such counseling as recommended. 2 7. Emergency In the event of a medical and/or mental health emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. Relocation The parties are advised that neither party shall hereafter relocate the child if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. IN WITNESS WHEREOF, the parties hereto, after full disclosure made, have signed, sealed and acknowledged this Custody Stipulation and Agreement. 3 CERTIFICATE OF SERVICE I hereby certify that on this `'day of June, 2014, a true and correct copy of the foregoing Joint Motion for Adoption of Custody Stipulation was served by means of United States mail, first class, postage prepaid, upon the following: Michael Scherer, Esq. Baric Scherer LLC 19 West South St. Carlisle, PA 17013 araWhistler Whistler ERIN M. LAIN, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CASE NO. 98-7284 CIVIL ACTION LAW DAROL R. LAIN, IN CUSTODY Defendant ORDER AND NOW, this tel day of id i/�/� , 2014, upon consideration of the Stipulation Regarding Custody and Joint Motion for Adoption of Custody Stipulation, it is hereby ORDERED that said Motion is GRANTED. Custody is awarded in accordance with the terms of the Stipulation. The Pretrial Conference scheduled for June 12, 2014, and Hearing scheduled for July 28, 2014, are cancelled. BY THE COURT: Distribution: Counsel for Plaintiff: Michael Scherer, Esq., Baric Scherer LLC, 19 17013 Counsel for Defendant: Stephanie DiVittore, Rhoads & Sinon LLP, PA 17108-1146 ec) tc.c(_ y , J. West South St., Carlisle, PA P.O. Box 1146, Harrisburg, t:: rri c m c= r=7- ' COCO r- r c) � { cJ.' .'