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HomeMy WebLinkAbout01-03258 '-'" ~. - ,"' ""_"""'~~ '""'d'__,,_ .;, ", .,.$";'F,C,",;'<<",; , "'''~.""""'~M; LAW FIRM OF SUSAN KAy CANDIELLO, Pc. NURSE/ ATIORNEY lVtfolK,i;;Uy .... ~ <I 5021 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PENNSYLVANIA 17050 (717) 796-1930 FAX (717) 796-1933 www.skcfamilylaw.com www.skcelderlaw.com March 18,2002 Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013-3387 RE: Karen S. McClain vs. Mark Stephen McClain No. 01-3258 Civil Term Custody Dear Sir or Madam: Enclosed for filing in the above-referenced matter please find an original and three (3) copies of the Stipulation for Agreed Order of Custody_ Please forward the Stipulation to the Judge for review; however, to the best of my knowledge, a judge has not been assigned to this particular case. If and when the Order has been signed by the Judge, please conform and certify the tbree(3"c~es and return them to me in the self-addressed, stamped envelope I have provided. As required by Local Rule, I have provided a copy of the Order and a self-addressed, stamped envelope for the Defendant in care of his attorney, James M. Stein, Esquire. Thank you for your cooperation. Please call me if you have any questions or if you need any further information. Sincerely, SKC:krh Enclosures cc: James M. Stein, w/o encs. ~; "; ,,;i ,," -''''""*li",,," KAREN S. McCLAIN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA VS. ; NO. bl- 3l-ft ~ MARK STEPHEN McCLAIN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY ORDER AND NOW, this day of ,2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of ,2001, at_o'clock_ .m., forthe 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 shall also be present at the conference. Failure to appear at the conference may provide for entry of a temporary or pennanent order. FOR THE COURT, BY: Custody Conciliator 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. Cum1)erland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIE..<; ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation 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. ,"~'~ ~ ',,' " '., --,~," ,"l', .-<<.J '~itt1~i, KAREN S. McCLAIN, PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS :OFCUMBERLANDCOUNT~ : PENNSYLVANIA ; NO. D 1- '3255 MARK STEPHEN McCLAIN, DEFENDANT : CIVIL ACTION . LAW : ACTION FOR CUSTODY NOTICE TO DEFEND AND CLAIM. RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defeoses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a juqgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 " ~ ~~ " , <" ~,:-,",- ~~,,",' -', , '~"""&~"i KAREN S. McCLAIN, PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA ; NO. 0/- 3.2.56" ~j ~ MARK STEPHEN McCLAIN, DEFENDANT : CIVIL ACTION. LAW : ACTION FOR CUSTODY COMPL4JNT FOR CUSTODY AND NOW, comes the Plaintiff, KAREN S. McCLAIN, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following Complaint for Custody. I. Plaintiff is KAREN S. McCLAIN, who currently resides at 455 Garden Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is MARK STEPHEN McCLAIN, who currently resides at 14970 Hollowell Church Road, Waynesboro, Franklin County, Pennsylvania, 17268. 3. Plaintiff seeks Primary Legal and Physical Custody of the following minor children: NAME ADDRESS DATE OF BIRTH SARAH COLLEEN McCLAIN 455 Garden Drive Mechanicsburg, PA August 6, 1985 PHILIP COLIN McCLAIN 455 Garden Drive Mechanicsburg,PJ\ January 27, 1988 TORIA CLAIRE McCLAIN 455 Garden Drive Mechanicsburg, PA October 20, 1996 4. The children were born in wedlock. 5. The children are presently in the custody of the Plaintiff, who resides at 455 Garden Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. , " '.,' ,k. ~ , '~"1;;S<'mt,' 6. Since the children's birth the children have resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff, Defendant Azores, Portugal 1985 - 1987 Plaintiff, Defendant Panama 1987 - 1989 Plaintiff, Defendant Pensacola, Florida 1989 - 1993 Plaintiff, Defendant Greencastle, PA 1993 - 1999 Plaintiff Lemoyne, PA 1999 - March 2000 Plaintiff 455 Garden Drive March 15,2000 - Mechanicsburg, PA Present 7. The Mother of the children is Plaintiff, Karen S. McClain, who currently resides at 455 Garden Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Mother is single and resides only with her three (3) children, Sarah Colleen McClain, Philip Colin McClain, and Toria Claire McClain. 8. The Fat her of the children is the Defendant, Mark Stephen McOain, who currently resides at 14970 Hollowell Church Road, Waynesboro, Franklin County, Pennsylvania, 17268. The Father is Single. Plaintiff believes he lives with his parents, Darryl and Linda McClain. 9. The relationship of the Plaintiff, Karen S. McClain, to the children is that of the Natural Mother. Mother currently resides alone with her son and two (2) daughters. 10. The relationship of the Defendant, Mark Stephen McClain, to the children is that of the Natural Father. The Defendant currently resides with his parents, Darryl and Linda McOain. I" "~' , U" " ", '- ;','~ ",~", " ' "~'.~~'llltii't,.~ 11. The Plaintiff does not know of a person not a party to the proceedings who had physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. Plaintiff has always been the primary care giver and has great love and concern for her son and two (2) daughters; B. Plaintiff has always been employed and supported her son and two (2) daughters; C. Defendant was found guilty of eleven (11) counts of Indecent Assault upon his daughter, Sarah Colleen McClain, in Franklin County, Pennsylvania, on or about September,1999; D. Defendant was incarcerated in Franklin County Prison for two (2) years as a result of his being convicted of eleven (11) counts of indecent assault upon his daughter; E. Defendant is not psychologically able to provide a safe environment for the children; F. Defendant has not had any physical and/or psychological relationship with the children for more than two (2) years; G. Plaintiff wishes her children to live in a safe physical, emotional and social environment. - 1,< " ~ ,.,," '"', " ,- " . ;J', ' '~ :a.. ~"'"""(' 13. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff, KAREN S. McCLAIN, respectfully requests this Honorable Court to enter an Order: Granting her Full Legal and Primary Physical Custody of her son, pmLIP COLIN McCLAIN, and her daughters, SARAH COLLEEN McCLAIN and TORIA CLAIRE McCLAIN, and giving Defendant, MARK STEPHEN McCLAIN, supervised visitation with the children when the children have fully recovered from the emotional trauma caused by their Father's actions and Father has obtained sufficient counseling to insure the safety of the children. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. usan Kay Candiel, Ulre Counsellor Plain' PA I.D. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 Dated: D- 2..:L- ,2001 '." " I,''>.'' VERIFICATION ,," ' ~ ~;' ,," ~'-- '-, OI!I;.l!;Wjf,,.,.) The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. DATED ,2oo! ~:di7?( ('.In;:) ,'__L__,',l_ . ';~";;,,' ... "'''''''"'~'1rnl~M~\i, ,,!"o_ KAREN S. MCCLAIN PLAINTIFF V. MARK STEPHEN MCCLAIN DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNIY, PENNSYLVANIA 01-3258 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 01, 2001 , 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, July 02,2001 at 1:00 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 Cnstody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT, By: ' Isl Dawn S. Sunday. Esq. (i'tl\ 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 TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -, "" ~, , &.,5--: tJl b[tJ/ ~:5'".tJ / , j I I..'!. , j 1"",- ~'..'~-- "--~ '"~~~ - "'<',"'. -'-. -, ~,' < ,,' ~"'~~ """,, ,_,-, ~,~"." " ',",;:e"',' ,,'.' ,,,"_In<< ,~ -"'" ~~"''-' '.," '"~'--' "' . V~ ," ,,=--,,-,) <,,',",<"-/.,", ,,'~ '''J 1'[' "-'I::prc hI..-': J" _"J" ~;.,v~lTARv nr~ "i'U~~' ;'!":cn ''';~,}"lu,"~ I ....r ,'-,.. 01 JUN -5 Prl 2: 30 CUMBEiiUND COUNTY PENNSYlVANIA Ud. t~ M~ ?l74 ~ 71~_ m~ 7Jf#' ~~ zi4~~ - ''''''''''''''''''''~_' !fJl!mTN, _ r~ ....., JIII~JI[1I11TW~~IM~;1~":;'"f-"''f'';'''~''''~B'''~:i-''':':i'b''-''''';"'."'n,~p'i"'\":'llo);'i')lf1~I~m1,:;~~';1'~1~1i?'!l;:''w.i:1OJ~jjfi'~ I', -- ;'~ ",' 0-- ''"' ';:",,; , KAREN S. McCLAIN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 01.3258 . . MARK STEPHEN McCLAIN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY ACCEPTANCEOFSER~CE I, James M. Stein, Esquire, counsel for the Defendant in the above-captioned matter, accept service of the Complaint for Custody and attached June 1,2001 Order of Court, and certify that I am authorized to do so. Dated: 6 - 2 7 ,2001 <\~~ 7JJ,~ James M. Stein, Esquire Counsel for Defendant PA!.D. # 'f{Jp02.h 13 West Main Street Suite 210 Waynesboro PA 17268 (717)762-1160 i~~~'~~~R~;j~~)M8!1:i~M~$i~liI:~~"\'~I4.'''i>:'i,",Io-,'','--e''''~,;j0':'""fl;<f~li~_aliil!ll'n.'!IUiiU:iil:~~'.".'~"~'''W1Iii' , '".." ,.~""",""., -,- " , ~,._.,,~, .~. , - ,~, '~" ,," ~~ li'dlli~ ~ '. ~ --', ~,> , 0 "-'''' e ;."" ~. '.- ., rn r: .- ~- , ~:::~ O? _.-, t,.'.:" r:: " c', 2: C:., .> c f'",,"; i@ =2 ,. <=1 -, ,~~,~" [ -- 1 " <' ''''{', '- > "'~'" ' OCT 0 2 2001~if\ ,,,: "'"-"""ii' KAREN S, MC CLAIN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 01-3258 CIVIL TERM MARK STEPHEN MC CLAIN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th day of September, 2001, the Conciliator, being advised by Plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for September 26,2001 is canceled. FOR THE COURT, ~ ( ~ Dawn S. Sunday, Esquire Custody Conciliator :\\4il:t:r~:it;rtl"i '"Th',!;iJ!Itli!;:iltili:$!*,~~li:fe!_\j,ht~' ~-:s- ~) ^" ,~ .~k..ig,,,-.;';~,~,~,.""'Jlli,'5';:;W->1W~~' ']nli if' or ~~, '~Ii._iJ!I"''''"'' ~,^~~, ~~~_.~ ,.,~,.,,~," <'_r, ,,',. '_'. '"""'_~ W,'~7 .., ~," ~ ,~~~~, ~" .'~" o o -VCL' rn\~, ~ ~(~ <2 .~~: C;'L) ~2., Y'C::' .~. c'! ':2- " .~ ,': "I I ii Ii II i'l il II II ,I i , ,- r;? ? (,.) c~,""",,''='<-:'' . ~ I, _,_. ';;"1,,;'-''''':," ~-~"'liili;il,l!.'*ht';;; , . KAREN S. McCLAIN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 01-3258 CIVIL TERM MARK STEPHEN McCLAIN, DEFENDANT : CIVIL ACTION - LAW : CUSTODY ORDEJU)F COUR'{ AND NOW, this 'l J.day of f'Il~ ,2002, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, KAREN S. McCLAIN, shall have FULL LEGAL AND PRIMARY PHYSICAL CUSTODY of the parties; three (3) children, SARAH COLLEEN McCLAIN, PHILIP COLIN McCLAIN, and TORIA CLAIRE McCLAIN. Defendant, MARK STEPHEN McCLAIN, shall have PARTIAL SUPERVISED PHYSICAL CUSTODY of the parties' three (3) children, SARAH COLLEEN McCLAIN, PIDLIP COLIN McCLAIN, and TORIA CLAIRE McCLAIN in accordance with the language contained in the within Stipulation. J. ;j;,;j~~~~[LfJli:@~!!I~j1J'imM!'iW;i,,*j'E;';"',$M_'**;><'~"io;:,;,-,u,;;,'i:%"'{O;",;~t",X~., i",",,,,,,,"<fk.iWi;<,~,,~__""""'" 'Wd f tt, ;f '~ .. ,~ ' .~.. ~ o. ^>.~,= ,,~,",~,,~. , ,.-",,,"-'" ~ , ,c..~~ilIll~liW:ii!I!lilIlI'" , d..,n .,," ~~, ,~ ~cl il fi " II II " I' ,I :1 . . i ".;' ",,'~', >".' ; " '--lJ."L~~', , , KAREN S. McCLAIN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 01-3258 CML TERM MARK STEPHEN McCLAIN. DEFENDANT : CML ACTION - LAW : ACTION FOR CUSTODY ~PULATION FOR AGREED ORDER OF CUSTODY NOW THEREFORE, the parties, intending to be legally bound, agree as follows: Plaintiff is KAREN S. McCLAIN (hereinafter known as "Mother') who currently resides at 455 Garden Drive, Mecbanicsburg, Cumberland County, Pennsylvania, 17055. Defendant is MARK STEPHEN McCLAIN (hereinafter known as "Father") who currently resides at 14970 Hollowell Church Road, Waynesboro, Franklin County, Pennsylvania, 17268. SARAH COLLEEN McCLAIN, born on August 6, 1985, TORIA CLAIRE McCLAIN, born on October 20, 1996, and PIULIP COLIN McCLAIN, born on January 27, 1988, are the natural children of the Mother, KAREN S. McCLAIN, and the Father, MARK STEPHEN McCLAIN, and are the subjects of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. , , ''', . ,,~,',,'" ",",'J " ^_, -,;" ,__, ,,;- " ~ ,,"',; ""__.~ '"";;'-' ~ , WHEREFORE, Plaintiff, KAREN S. McCLAIN, and Defendant, MARK STEPHEN McCLAIN, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff shall have Full Legal Custody (as defined in 23 Pa. C.S.A. Section 5302) of the lninor children, SARAH COLLEEN McCLAIN, PIDLIP COLIN McCLAJIN and TORIA CLAIRE McCLAIN. 2. All decisions affecting Sarah, Philip and Toria's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities, shall be considered major decisions and shall be made by Mother. Mother agrees she will provide Father with timely information about any such decisions which she has made affecting the children. Mother agrees she will make all decisions affecting the children with a view towards obtaining and following a harmonious J?Olicv in the children's best interests. 3. Mother agrees to keep Father informed in a timely manner of the progress of their children's education and social adjustments. Mother agrees to maintain verbal and/or written contact with Father providing him with any and all information of and concerning the children as if Father were actively involved with the children. 4. While in the presence of their children, Mother shall not make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory " ",',"' "" '," - ,en ,,__),~,,_. 'i",-<' "',,,,-,,, T." ",~",;"~"'-:, _,';~,'~,' ~-'-'" , . or uncomplimentary to Father. It shall be Mother's express duty to uphold Father as one whom the children should respect. 5. It shall be the obligation of Mother to encourage the children to participate in the plan hereby agreed and ordered. 6. Mother shall have the duty to notify Father of any event or activity which could reasonably be expected to be of significant concern to Father. 7. Mother shall be responsible for making any emergency decisions which must be made; however, Mother agrees she will inform Father of the emergency as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of Mother. 8. Mother agrees to provide Father with complete and full information from any doctor, dentist, teacher or authority and all copies of any reports given to her as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certific!ltes, etc. It shall be Mother's responsibility to contact the children's school and obtain information about the children's e<iucation and major school events and share them with Father. 9. The two (2) older children, Sarah and Philip, are enrolled at Hershey School. The policy at Hershey School is to recognize one parent, in this case Mother, as the parent with sole legal custody. Father agrees while Sarah and Philip are enrolled at Hershey School to recognize and respect the policy at Hershey School. While enrolled at Hershey School, Father may not telephone the children, visit them and/or remove them from the school unless Mother is present. Mother agrees to cooperate with Father to provide him with all important information about the " ~" , ,',' '",';~ ,>'~" ,"'__,,~.;C ,'"^ "'0 '--"';',A',';'';;( ,;',"di;;"",'l";";~:,,., "' "~""',-. > - education, socialization, progress, activities and general welfare of Sarah and Philip while enrolled at Hershey School. 10. Mother shall have Primary Physical Custody and Father shall have Partial Supervised Physical Custody of their minor children, Sarah, Toria and Philip. 11. Father shall only have Partial Supervised Physical Custody of Toria, for extended periods of time, outside the protection of Toria's sister, Sarah, and brother, Philip, under Mother's supervision until Toria reaches the age of fourteen (14) years and/or Mother determines Toria is sufficiently mature to be with Father in a supervised environment. 12. Father shall have Partial Supervised Physical Custody according to the following schedule: A. Due to the two (2) older children, Sarah and Philip, attending Hershey School, Mother only has five (5) weekends of visitation during the school year with Sarah and Philip. These weekends are frequently used in conjunction with holidays, such as Memorial Day, Labor Day, etc. Father may request visitation with Sarah and Philip at Mother's residence, during these five (5) weekends with one (1) week notice to Mother. These visits may be up to four (4) hours in length, or as can be amicably agreed upon between Father and Mother; B. Father may request visitation at Mother's residence with Toria a maximum of one (1) weekend day, up to four (4) hours in length, or as can be amicably agreed upon between Father and Mother, every third weekend with one (1) week notice to Mother. This weekend visitation shall be coordinated with Father's visit with Sarah and Philip, whenever possible; . ',' k, ~. ",'" '';", '" '" "_~', ''__', , ;" ,'~ "',"',,;c_.C,'j;c'e',o" __,"-:,;,,"':i.,\-,;';:;; ~~, ~ C. Easter: Father may request visitation with Sarah, Toria and Philip at Mother's residence on Easter Day from 3:00 p.m. through 6:00 p.m. with two (2) weeks notice to Mother; D. Thanksgiving: Father may request visitation with Sarah, Toria and Philip at Mother's residence on Thanksgiving Day from 3:00 p.m. through 6:00 p.m. with two (2) weeks notice to Mother; E. Christmas: Father may request visitation with Sarah, Toria and Philip at Mother's residence for the Christmas holiday from 3:00 p.m. through 6:00 p.m. with four (4) weeks notice to Mother; F. Father's Day: Father may enjoy visitation with Sarah, Toria and Philip at Mother's residence from 1 :00 p.m. through 6:00 p.m. on Father's Day, with one (1) week notice to Mother. Mother shall have the children on Mother's Day; 13. Father recognizes as a result of the recent interactions with Philip during their vacation at the beach and Sarah's recent attempted suicide, neither Philip nor Sarah may agree to have visitation with him, even with Mother's supervision. Father agrees to abide by Philip and Sarah's wishes as to when they will enjoy visitation with him. 14. Mother agrees to provide Father with written notice ninety (90) days prior to any relocation of her and anyone or all of the children, beyond a one hundred (100) mile radius of Hershey, P A. If Father does not file an objection with the Cumberland County Court within the ninety (90) day period, Father will be deemed to agree with the relocation of Mother and anyone or all of the children. ~ "' " " ~'" I ."Yo'";.!" ,"" ',~ .' "'~1__""'C,~ ',_ ,,::,;"':.~ " "'-<~ > . ' , 15. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED:~ 2..5"' ,2001 /11~ J 7J1 ~ MARK STEPHEN McCLAIN DATED: ~b {)cf4- ,2001 COMMONWEALTH OF PENNSYL VANIA ss: COUNTY OF Oa..u..~~"\. "- On this, the <05 day of ~ ho-r ,2001, before me, a Notary Public for the Commonwealth ofPennsyl a, the underslgned officer, personally appeared MARK STEPHEN McCLAIN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. -~-~--- tb~ &;~ ' Nota:l)<Pubhc My Commission Expires: .Ju 1-( It J~ N.1l!fial SeIll GlII&...'BrlttaiJo,Notary Public Swatanl T\lIp.. DaIlpl1in County My CommIssion Iil<pIieS July 11. 200S Association rtes ~,- < '" , ,;-~,: ~-~k""-~,~--_'-_"'-';",-\L:'-,, ~-,::,&',;.~,;', "fo,' "'-", -'.Co_. ';~$,j > . " . COMMONWEALTH OF PENNSYL VANIA COUNTY OF C. u.-~De-' t (lx\ct On this, the ~ day of O~ ,2001, before me, a Notary Public for the Cotllll1onwealth of Pennsylvania, the undersigned officer, personally appeared KAREN S. McCLAIN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have set my hand and notarial seal. ~~n~ ~ Notary Public ' My Commission Expires: Notarial Seal Kimberly R. Hanford, Notary Public Mechanlcsburg BOlO, Cumberland County My Commission expires Apr. 4, 2005 .l' ~~.nw.l1lJl-_~iJ'.'~il~l~';i~h~~~-Wi""'j@M.~~'-~'i" ',"",.&,,~,!;;'ib>"''''>lifii-iM4'1i~~~~~~lliiitaiK'"'' ~='~~ .~ ~11lI~ ~, C) c ?2~ ~Ej ~~~ <' _-=1 -' -, - .~, ~-~--, ~. c _. N' _ > ~~ ", ,.~_" _". <^' "" ""- ^ -, .~. ,.......- j::'~,; ....':>0- ,-,"'" ,~:\'''' ;;"J '~iJ ~'Tl :.~) (D < . :c) ::6 ~;