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HomeMy WebLinkAbout03-3965Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HENRY J. BLOW, Plaintiff TAMMEY L. BLOW, know known as TAMMEY L. STEELE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. d)3- COMPLAINT FOR CUSTODY 1. Plaintiff is HenW J. Blow (hereinafter referred to as "Father"), who currently resides at 9 Thomas Drive, Dnncannon, Perry County, Pennsylvania 17020. 2. Defendant is Tammey L. Blow, know known as Tammey L. Steele (hereinafter referred to as "Mother"), who currently resides at 515 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks shared legal and primary physical custody of the following child: Jenny Lynn Blow and to confmn the partial custody of the parties' son, Keith Andrew Blow. NAME Jenny Lynn Blow Keith Andrew Blow PRESENT RESIDENCE 515 Quail Court Mechanicsburg, PA 17055 515 Quail Court Mechanicsburg, PA 17050 DATE OF BIRTH 9/15/1989 5/9/1988 4. The children were not bom out of wedlock. 5. The children were primarily in the physical custody of Mother. However, during the summer, extended periods of custody have existed with Father. 6. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD 4/15/98-7/1/98 723 Valley Road Mawsville, PA 17053 Cheryl Byerly, Robert Steele, Tammey L. Steele, Keith A. Blow, Jenny L. Blow 7/2/98 - 12/21/01 398 Kings Highway Marysville, PA 17053 Robert Steele, Tammey L. Steele, Keith A. Blow, Jenny L. Blow 12/22/01 to Present 515 Quail Court Mechanicsburg, PA 17055 Robert Steele, Tammey L. Steele, Keith A. Blow, Jenny L. Blow 2 7. The mother of the child is TAMMEY L. BLOW, know known as TAMMEY L. STEELE, who currently resides at 515 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. She is divorced from Plaintiff and remarried. 8. The father of the child is HENRY J. BLOW, who currently resides at 9 Thomas Drive, Duncannon, Perry County, Pennsylvania, 17020. He is divorced from Defendant and presently single. 9. The relationship of the Plaintiff to that of the child is that of father. The Plaintiff currently resides with the following persons: NAME RELATIONSItIP Henry J. Blow Self 10. The relationship of the Defendant to the children is mother. The Defendant currently resides with the following persons: NAME RELATIONS}lIP 11. Keith Andrew Blow Brother of child in question. Jenny Lyrm Blow Child in question Robert Steele Husband of Child's birth mother Plaintiffhas participated as a party or witness, or in another capacity, in other 3 litigation concerning the custody of the children in this or another court. An order for custody was entered by the Court of Common Pleas on or about February 9, 2001 by Stipulation of the Parties. A copy of said order is attached hereto as exhibit A and incorporated herein by reference. 12. Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 13. Pla'mtiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to the children. 14. Plaintiff believes that it is in daughter's best interests that he become the primary custodian. He believes that he can provide a nurturing, safe and loving environment for the child. The child has expressed a strong desire to reside with him. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. 4 WHEREFORE, the Plaintiff requests the Court to grant the parties shared legal custody and Plaintiff primary physical custody of the child, Jenny Lynn Blow. The Plaintiff requests confu-mation of the existing custody order for the parties' son. DATE: August/~, 2003 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff EXHIBIT "A" HENRY J. BLOW, : Plaintiff : TAMMEY L. BLOW, : Defendant : IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH NO. 99 - 486 CIVIL ACTION - LAW IN CUSTODY O.RDER AND NOW, this qq~k day of ~-~f~ , 2001, the parties having stipulated to the entry of an Order of Custody, it is hereby ORDERED and DECREED that custody and visitation of the minor children, &~itl%:.~'~drew Blow and Jenny Lynn Blow, shall be as follows: ~c ~q CUSTODY OF MINOR CHILDREN: :~iu (a) Leq'al Custody: MOTHER and FATHER agree that they shall have shared legal custody of the parties' minor children in terms of decision making powers regarding the health, education and welfare of the children. (b) Primarv Physical Custodv: MOTHER and FATHER agree that MOTHER shall have primary physical custody of the parties' minor children, while FATHER shall have partial physical custody of the children with liberal visitation. 2. FATHER'S RIGHTS OF PARTIAL CUSTODY: FATHER shall be entitled to liberal rights of partial custody of Keith Andrew Blow and Jenny Lyrm Blow a~ such times as are reasonable and convenient to the parties. If the parties are otherwise unable to agree as to the times and days of FATHER'S periods of partial custody, FATHER shall have the following rights of partial custody: (a) ewery other weekend from Friday at 4:30 p.m. until Sunday at 4:30 p.m.; (b) Two (2) non-consecutive weeks during the Summer, as mutually agreed upon by the parties. MOTHER shall also be entitled to two (2) non-consecutive weeks during the Summer. 3. HOLIDAYS: The parties agree that for purposes of this Stipulation of Custody holidays shall be defined as New Year's Day, Presidents' Day, Easter, Memorial Day, July 4th, and Labor Day. The parties agree that unless the parties can 2 agree otherwise, or FATHER can get the time off from his employer and periods of custody and partial custody for both parties can be coordinated with FATHER'S work schedule, MOTHER shall have custody of the children on the holidays as defined herein. 4. THANKSGIVING: The parties shall alternate custody of the children on the Thanksgiving holiday, which shall begin at 10:00 a.m. on Thanksgiving Day and extend until the Friday morning following Thanksgiving Day. FATHER shall have custody of the minor children on Thanksgiving Day 2000. 5. CHRISTMAS: The parties shall alternate custody of the children during the Christmas holiday. To facilitate the periods of custody, Christmas shall be divided into two (2) segments. The first segment shall begin at 6:00 p.m. and end at 11:00 p.m. on Christmas Eve. The second segment shall begin at ll:00 p.m. Christmas Eve and end at 5:00 p.m. Christmas Day. MOTHER shall have custody of the minor children during the second se~men~ of the Christmas holiday in the year 2000. (i.e., December 24, 2000 at 11:00 p.m. through December 25, 2000 at 5:00 p.m.) 6, MOTHER'S DAY: The parties agree that MOTHER shall have custody of the children on Mother's Day. 7. FATHER'S DAY: The parties agree that FATHER shall have custody of the children on Father's Day. 8. NARASSMENT OR INTERFERENCE: The parties further agree that they will not utilize their respective rights of custody and visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as hereinabove described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they may make immediate application with the Court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or interference. this 9. ENTRY OF COURT ORDER: MOTHER and FATHER agree that Stipulation may be formalized by the entry of a Court Order of Custody in accordance with the terms and provisions of this Stipulation by the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Perry County Branch. 10. OT~ER CUSTODY RIGHTS: In addition to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the minor children: (~) Reasonable telephone access to the children; (b) Access to report cards and other relevant information concerning the progress of the minor children in school; (c) Approval of extraordinary medical and/or dental treatment, except, in the case of an emergency and provided that such approval shall not be unreasonably withheld; and (d) Each of the parties, right to participate in making major decisions affecting the best interest of the minor children, including major medical, religious, and educational decisions; educational decisions shall be defined as those decisions directly related to or affecting the academic performance of the minor children in the classroom. 11. EXCHANGE OF INFORMATION/RELOCATION: Each of the parties agree to provide the other with their address and telephone number, and to advise each other of any change thereof within ten (10) days. Each of the parties also agree that in the event they intend to move within the Commonwealth of Pennsylvania or relocate themselves from the jurisdiction of the Commonwealth of Pennsylvania altogether, each shall give the other written notice of their intent no less than ninety (90) days prior to their intended relocation date. 12. ILLNESS OF THE MINOR CHILDREN: In the event of any serious illness of the minor children at any time, the party then having physical custody of said minor children shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 13. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Stipulation of Custody. 6 14. VOLUNTARY EXECUTION ANDFAIRNESS OF THE STIPULATION: Each party acknowledges that this stipulation of Custody has been entered into by his and her own volition, and with the advise of separate, independent counsel, with full knowledge of the facts and full information as to their legal rights and that each believes the Stipulation of Custody to be reasonable and in the best interest of the minor children under the circumstances and not the result of any duress or undue influence. 15. SITUS: This Stipulation construed and governed in accordance Commonwealth of Pennsylvania. of Custody shall be with the laws of the 16. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights and obligations of the parties. 17. BINDING EFFECT: Each of the parties hereto intends to be legally bound hereby, and this Stipulation of Custody shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. In the event that either party breaches any provision of this Stipulation, and the non-breaching party shall be entitled to seek counsel fees, costs and expenses from the breaching party. BY THE COURT: 8 HENRY J. BLOW, : Plaintiff : TAMMEY L. BLOW, : Defendant : IN THE COURT OF COMMON PLEAS OF THE 41ST J~JDICIAL DISTRICT OF PENNSYLVAi~IA PERRY COUNTY BPJ~NCH NO. 99 - 486 CIVIL ACTION - LAW IN CUSTODY STIPULATION OF CUSTOD~ THIS STIPULATION OF CUSTODY, made this 29th day of JANUARY, 2001, by and between TA/4M~Y L. BLOW, hereinafter referred to as "MOTHER", -AND- HENRY J. BLOW, hereinafter referred to as "FATHER". WITNESSETH: L.' -" :( WHEREAS, the parties ar~i~heJ~are~_~s of two (2) children, Keith Andrew Blow, born May 1~ 19-~'8 an_~, Jenny Lynn Blow, born September 15, 1989; ~,; ~ ~.w WHEREAS, diverse and unhappy differences and disputes have arisen between the parties and it is the intention of MOTHER and FATHER to live separate and apart, and the parties 1 hereto being desirous of settling fully and finally their respective rights of visitation and custody; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, MOTHER and FATHER, each intending to be legally bound hereby covenant and agree as follows: 1. CUSTODY OF MINOR CHILDREN: (a) Leqal Custody: MOTHER and FATHER agree that they shall have shared legal custody of the parties' minor children in terms of decision making powers regarding the health, education and welfare of the children. (b) Primary Physical Custody: MOTHER and FAT~ER agree that MOTHER shall have primary physical custody of the parties' minor children, while FATHER shall have partial physical custody of the children with liberal visitation. 2 2. FATHER'S RIGHTS OF PARTIAL CUSTODY: FATHER shall be entitled to liberal rights of partial custody of Keith Andrew Blow and Jenny Lyrin B10w at such times as are reasonable and convenient to the parties. If the parties are otherwise unable to agree as to the times and days of FATHER'S periods of partial custody, FATHER shall have the following rights of partial custody: (a) every other ~weekend from Friday at 4:30 p.m. until Sunday at 4:30 p.m.; (b) Two (2) non-consecutive weeks during the Summer, as mutually agreed upon by the parties. MOTHER shall also be entitled to two (2) non-consecutive weeks during the Summer. 3. HOLIDAYS: The parties agree that for purposes of this Stipulation of Custody holidays shall be defined as New Year's Day, Presidents' Day, Easter, Memorial Day, July 4th, and Labor Day. The parties agree that unless the parties can agree otherwise, or FATHER can get the time off from his employer and periods of custody and partial custody for both parties can be coordinated with FATHER'S work schedule, MOTHER 3 shall have custody of the children on the holidays as defined herein. 4. THANKSGIVING: The parties shall alternate custody of the children on the Thanksgiving holiday, which shall begin at 10:00 a.m. on Thanksgiving Day and-extend until the Friday morning following Thanksgiving Day. FATHER shall have custody of the minor children on Thanksgiving Day 2000. 5. CHRISTMAS: The parties shall alternate custody of the children during the Christmas holiday. To facilitate the periods of custody, Christmas shall be divided into two (2) segments. The first segment shall begin at 6:00 p.m. and end at 11:00 p.m. on Christmas Eve. The second segment shall begin at 11:00 p.m. Christmas Eve and end at 5:00 p.m. Christmas Day. MOTHER shall have custody of the minor children during the second segment of the Christmas holiday in the year 2000. (i.e., December 24, 2000 at 11:00 p.m. through December 25, 2000 at S:00 p.m.) 6. MOTHER'S DAY: The parties agree that MOTHER shall have custody of the children on Mother's Day. 4 7. FATHER'S DAY: The parties a~ree that FATHER shall have custody of the children on Father's Day. 8. HARASSMENT OR INTERFERENCE: The parties further a~ree that they will not utilize their respective rights of custody and visitation in order to harass or interfere with the other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation rights to harass or interfere as hereinabove described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they may make immediate application with the Court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or interference. 9. ENTRY OF COURT ORDER: MOTHER and FAT~ER agree that this Stipulation may be formalized by the entry of a Court Order of Custody in accordance with the terms and provisions of this stipulation by the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Perry County Branch. 10. OTHER CUSTODY RIGHTS: In addition to any provisions which may be contained herein regarding custody rights set 5 forth herelnabove, each party shall have the following rights with respect to the minor children: (a) Reasonable telephone access to the children; (b) Access to report cards and other relevant information concerning the progress of the miner children in school; (c) Approval of extraordinary medical and/or dental treatment, except, in the case of an emergency and provided that such approval shall not be unreasonably withheld; and (d) Each of the parties' right to participate in making major decisions affecting the best interest of the minor children, including major medical, religious, and educational decisions; educational decisions shall be defined as those decisions directly related to or affecting the academic performance of the minor children in the classroom. 11. EXCHANGE OF INFORMATION/RELOCATION: Each of the parties agree to provide the other with their address and telephone number, and to advise each other of any change 6 thereof within ten (10) days. Each of the parties also agree that in the event they intend to move within the Commonwealth of Pennsylvania or relocate themselves from the jurisdiction of the Commonwealth of Pennsylvania altogether, each shall give the other written notice of their intent no less than ninety (90) days prior ~o their intended relocation date. 12. ILLNESS OF THE MINOR ~ILDREN: In the event of any serious illness of the minor children at any time, the party then having physical custody of said minor children shall immediately communicate with the other party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 13. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Stipulation of Custody. 14. VOLUNTARY EXECUTION Ab'DFAIRNESS OF THE STIPULATION: Each party acknowledges that this Stipulation of Custody has been entered into by his and her ow~ volition, and with the advise of separate, independent counsel, with full knowledge of the facts and full information as to their legal rights and that each believes the Stipulation of Custody to be reasonable and in the best interest of the minor children under the circumstances and not the result of any duress or undue influence. 15. SITUS: This Stipulation of Custody shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 16. DESCRIPTIVE HEADINGS: The descriptive head£ngs used herein are for convenience only. They shall have no effect whatsoever in determining the rights and obligations of the parties. 17. BINDING EFFECT: Each of the parties hereto intends to be legally bound hereby, and this Stipulation of Custody shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. In the event that either party breaches any provision of this Stipulation, 8 and the non-breaching party shall be entitled to seek counsel fees, costs and expenses from the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: bi\docs\custody\st ip-blow 9 HENRY J. BLOW, Plaintiff TAMMEY L. BLOW, know known as TAMMEY L. STEELE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY NO. VERIFICATION I, Henry J. Blow, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. HENRY J. BLOW : PLAINTIFF : V. t TAMMEY L. BLOW, KNOW KNOWN AS TAMMEY L. STEELE DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3965 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, _ Thursday, August 14, 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, at39 West Main Street, Mechaniesburg, PA 17055 on Wednesday, September 17, 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 defme and narrow the issues to be heard hy 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 froTM Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE cOURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible fac~ht~es 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 ItELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, pennsylvania 17013 Telephone (717) 249--3166 : IN THE COURT OF COMMON PLEAS Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7~17) 774-1445 HENRY J. BLOW, Plaintiff TAMMEY L. BLOW, know known as TAMMEY L. STEELE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY : NO. 03-3965 AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint for Custody in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3950, Return Receipt Requested, on the above- named Defendant, Ms. Tammey L Stere, on August 20, 2002; at Defendant's last known address: 515 Quail Court, Mechanicsburg, Pennsylvania 17050. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsificat~//ct~ties. Dated: August 21, 2003 ire 549 Bridge Street New Cmnberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Postage Certified Fee R~urn Receipt Fee (Endomement Required) Restricted DeliveW Fee ~ndomement Required) TO~I Pos~ge & Fees OO70 · Cemplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · I~t your name andRddress on the reverse es that we can return the card to you. · Attach this card to the back of the mailpiece, ~r on the front if space permits. 1. /~icie Addressed to: If YES, en'~er daiivmy i--I Regislered m Return Receipt for MerC [] insured Mail [] C.O.D. ps Form 3811, Ou~Y 1~ EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 HENRY J. BLOW, Plaimiff TAMMEY L. BLOW, know known as TAMMEY L. STEELE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION[ - CUSTODY : NO. 03-3965 STIPULATION OF CUSTODY THIS STIPULATION OF CUSTODY, made this 9th day of September , 2003, by and between TAMMEY L. STEELE, hereinafter referred to as "MOTHER," - AND - HENRY J. BLOW, hereinafter referred to as "FATHER." WITNESSETH: WI-!EKEAS, the parties are the parents of two (2) children, Keith Andrew Blow, bom May 12, 1988 and Jenny Lynn Blow, bom September 15, 1989; WHEREAS, on or about Febmmy 9, 2002, an order for custody was entered by stipulation of the parties in the Court of Common Pleas of Perry County to Docket No. 99-486; WHEREAS, the children have resided in Cumberland County in excess of six months; WHEREAS, the parties desire to amend their custodial relationship to change the location of primary physical custody for their daughter; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, MOTHER and FATHER, each intending to be legally bound hereby covenant and agree as follows: CUSTODY OF MINOR CHILDREN: (a) Legal Custody: MOTHER and FATHER agree that they shall have shared legal custody of the parties' minor children in terms of decision making powers regarding the healthy education and welfare of the children. (b) Primatw Physical Custody: MOTHER and FATHER agree that MOTHER shall have primary physical custody of the parties' minor son, Keith Andrew Blow, while FATHER shall have partial physical 2 custody of Keith. MOTHER and FATHER agree that FATHER shall have primaw physical custody of the parties' daughter, Jenny Lynn Blow, while MOTHER shall have partial physical custody of their daughter. 2. RIGHTS OF PARTIAL CUSTODY: The parties agree that during periods of partial custody, the children shall be together with one parent. The parties shall alternate weekends with both children. The weekend shall commence on Friday at 4:30 p.m. until Sunday at 4:30 p.m. The parties also agree to allow additional periods of custody for each other with the children at such times as are reasonable and convenient to the parties and the children. The parties shall attempt to arrange an evening period of visitation (4:30 p.m. to 8:30 p.m.) for the parent who will not have custody of be,th children during the upcoming weekend. This shall be on a night mutually agreed upon b~,sed on the schedule for that week, or, if no agreement, Wednesday night. Each party shall additionally have two (2) non- consecutive weeks of custody during the Summer as mutt, ally agreed. 3. HOLIDAYS: The parties agree that for purposes of this Stipulation of Custody holidays shall be defmed as New Year's Day, Presidents' Day, Easter, Memorial Day, July 4th, and Labor Day. The parties agree that unless the parties can agree otherwise, or FATHER can get the time off from his employer and periods of custody and partial custody for both parties can be coordinated with FATHER, S work schedule, MOTHER shall 3 have custody of the children on the holidays as defined he:rem. 4. THANKSGIVING: The parties shall alternate custody of the children on the Thanksgiving holiday, which shall begin at 10:00 a.m. on Thanksgiving Day and extend until the Friday morning following Thanksgiving Day. FATHER shall have custody of the minor children on Thanksgiving Day 2000. 5. CHRISTMAS: The parties shall alternate custody of the children during the Christmas holiday. To facilitate the periods of custody, Christmas shall be divided into two (2) segments. The first segment shall begin at 6:00 p.m. and end at 11:00 p.m. on Christmas Eve. The second segment shall begin at 11:00 p.m. Christmas Eve and end at 5:00 p.m. Christmas Day. MOTHER shall have custody of the minor children during the second segment of the Christmas holiday in the year 2;000. (i.e., December 24, 2000 at 11:00 p.m. through December 25, 2000 at 5:00 p.m.) 6. MOTHER'S DAY: The parties agree that lVIOTHER shall have custody of the children on Mother's Day. 7. FATHER'S DAY: The parties agree that FATHER shall have custody of the children on Father's Day. 8. HARASSMENT OR INTERFERENCE: The parties further agree that they will not utilize their respective rights of custody and 'visitation in order to harass or interfere with other's right to live and remain separate and apart from each other. In the event that either party utilizes custody or visitation fights 'to harass or interfere as hereinabove described, the parties expressly agree that, in addition to all other legal and equitable remedies available to them, they may make immediate application with the Court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or interference. 9. ENTRY OF COURT ORDER: MOTHER and FATHER agree that this Stipulation may be formalized by the entry of a Court Order of Custody in accordance with the terms and provisions of this Stipulation by the Court of Common Pleas of Cumberland County. 10. OTHER CUSTODY RIGHTS: In addition to any provisions which may be contained herein regarding custody rights set forth hereinabove, each party shall have the following rights with respect to the minor children: (a) Reasonable telephone access to the children; (b) Access to report cards and other relevant information conceming the progress of the minor children in school; 5 (c) Approval of extraordinary medical and/or dental treatment, except, in the case of an emergency and provided that such approval shall not be unreasonably withheld; and (d) Each of the parties' right to participate in making major decisions affecting the best interest of the minor children, including major medical, religious, and educational decisions; educational decisions shall be defined as those decisions directly related to or affecting the academic performance of the minor children in the classroom. 11. EXCHANGE OF INFORMATION/RELOCATION: Each of the parties agree to provide the other with their address and telephone number, and to advise each other of any change thereof within ten (10) days. Each of the parties also agree that in the event they intend to move within the Commonwealth of Pennsylvania or relocate themselves from the jurisdiction of the Commonwealth of Pennsylvania altogether, each shall give the other written notice of their intent no less than ninety (90) days prior to their intended relocation date. 12. ILLNESS OF THE MINOR CHILDREN: In the event of any serious illness of the minor children at any time, the party then having physical custody of said 6 minor children shall immediately communicate with the ol~er party by telephone or any other means, informing the other party of the nature of the illness. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the proper medical care of the child. 13. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge and deliver to the other party any document,,; that may be reasonably necessary to give full force and effect to this Stipulation of Custody. 14. VOLUNTARY EXECUTION AND FAIRNESS OF THE STIPULATION: Each party acknowledges that this Stipulation of Custody has been entered into by his and her own volition, and with the advise of separate, independent counsel, with full knowledge or the facts and full information as to their legal rights and that each believes the Stipulation of Custody to be reasonable and in the best interest of the minor children under the circumstances and not the result of any duress or undue influence. 15. SITUS: This Stipulation of Custody shall[ be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 16. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for 7 convenience only. They shall have no effect whatsoever in determining the fights and obligations of the parties. 17. BINDING EFFECT: Each of the parties he. reto intends to be to be legally bound hereby, and this Stipulation of Custody shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. In the event that either party breaches any provision of this Stipulation, and the non-breaching party shall be entitled to seek counsel fees, costs and expenses from the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: TA~MEY L. S~EE~,E 8 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 HENRY J. BLOW, Plaintiff TAMMEY L. BLOW, Snow known as TAMMEY L. STEELE, Defendant · IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION[ - CUSTODY : NO. 03-3965 ORDER ANDNOW, this !f_~.~ dayof Lo [9--~ ~2003, the terms of the parties' Stipulation dated September 9, 2003, the terms thereof are entered as an Order of Corot and are binding upon the parties as if entered by this Court after full hearing. BYTHECOURT: SEP 1 9 1003 HENRY J. BLOW VS. Plaintiff TAMMEY L. BLOW, KNOWN AS TAMMEY L. STEELE Defendant 1N THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA 03-3965 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this _11TM day of September~ 2003 , t]he conciliator, being advised by counsel that all custody issues have been resolved by stipulation between the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for September 17, 2003 is cancelled. FOR THE COURT,