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HomeMy WebLinkAbout07-5340GREGORY BERRIER, Plaintiff, v. MELISSA NYGAARD IvBTTEN, Defendant. IN THE COURT OF COMMON FLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: p ~ _ ~3~I6 ~~,,,~ CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Gregory Berner, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint For Custody: 1. The Plaintiff, Gregory Berner, is an adult individual residing at 612 N. West Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Melissa Nygaard Mitten, is an adult individual residing at 5284 Club Head Road, Virginia Beach, Virginia, 23455. 3. Plaintiff is the natural father of Madison Paige Nygaard, and Defendant is the natural mother of the Madison, born July 14, 2006. 4. The child was born outside of wedlock. 5. Since the birth of the child, the child has resided with the Plaintiff and the Defendant at 313 Croghan Dnve, Carlisle, Cumberland County, Pennsylvania, together with the maternal grandparents, Jeff and Annette Nygaard. 6. On December 21, 2006, the child moved with the Plaintiff and the Defendant to 310 E. Louther Street, Carlisle, Cumberland County, Pennsylvania. 7. On January 17, 2007, the child, together with the Defendant, moved to the address contained in paragraph S above, with the maternal grandparents of the child. 8. On or about Friday, August 31, 2007, Plaintiffreceived an e-mail from the Defendant indicating that she had moved from the address contained in paragraph 5 above, to the address contained in paragraph 2 above. 9. At no time did the Plaintiff consent to the removal of the child from the jurisdiction of Cumberland County or from the Cumberland County area. 10. Plaintiff has had a very instrumental part in raising the child since birth, has had a regular period of partial custody since January of 2007, has ~~Y lived with the child for the first 7 months of the child's life, and is capable of taking care of the day to day needs of the child. 11. Plaintiff believes and therefore avers that the Defendant's move to Virginia Beach, Virginia, is designed to defeat the rights of the Plaintiff and his extended family, together with that of the maternal grandparents, in that most family members of the child reside in the Carlisle 12. Piaiirtiff believes and therefore avers that it is in the best interests of the child to grant prunary physical custody of the child unto the Plaintiff herein. -2- ~V]HEREFORE, Plaintiff prays this Court to grant the relief as requested. Respectfully submitted, Mancke, Wagger, Spreha & McQuillan ~Q~ 2233 North From Sheet Harrisburg, PA 17110 (71~ 234-7051 Attorneys for Plaintiff ~: y ~ ~ -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. f DATE: ~~y~G (^ ~1r ..a r J `~ ~ ~1 J -c.,. C: ~ rte. a ~ "'t"4 fTl '"-Ct 1 ~ '~ ~'~' ~~ ~..~ -i~J1 i a .Q s ~" ~ ~~ ~~.5 ~~ ` .,~ ~, -. GREGORY BERRIER, Plaintiff/Petitioner, v. MELISSA NYGAARD MITTEN, Defendant/Respondent. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY AND NOW, comes your Petitioner, Gregory Berrien, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition For Emergency Relief: 1. Your Petitioner, Gregory Bernier, is the Plaintiff in the above-captioned custody action. 2. The Respondent, Melissa Nygaard Mitten, is the Defendant in the above-captioned custody action. 3. The parties are the natural parents of a child, Madison Paige Nygaard, born July 14, 2006. 4. Since the birth of the child, the child has resided with the Petitioner herein, together with the Respondent from the birth thmugh mid-January of 2007, at which point the Petitioner and the Respondent separated, however, both remained in the Cumberland County area. S. The extended family of both Petitioner and Respondent remain the Cumberland County area. 6. The Respondent herein, on August 31, 2007, without permission or consent of the Petitioner, and without Court Ordered permission, removed the child, Madison Paige Nygaard, born July 14, 2006, from the jurisdiction of Cumberland County, from the jurisdiction of Pennsylvania, and moved the child to Virginia Beach, Virginia. 7. Petitioner believes and therefore avers that the move was designed to defeat the Petitioner's rights concerning his child. 8. Petitioner seeks the return of the child to the jurisdiction of Cumberland County, pending outcome of this Petition For Emergency Relief. WHEREFORE, Petitioner reque~s the Court to grant his Petition For Emergency Relief, ordering that the Respondent return to the Cumberland County area until the underlying custody hearing can be decided or returning the child to the jurisdiction of Cumberland County Court, pending outcome of the underlying custody action filed in this matter. Respectfully submitted, Manske, }li~(gner, Spreha & Mcquillan p. Ric VV ,Esquire 1.D. #2 2233 North Front Street Harrisburg, PA 17110 (717) 2347051 Attorneys for Petitioner Date: / 0 -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: ~ ~~ ~ d 7 (~ iC ~ ~ .,s ~ ~ c`. c` ~ __,, -n --~ ~ w=: _v r~ o ,J, ~ tir -; ^+L ~; a ~ i _~' ~~~ _ ~ ~~ ~, 9- R r GREGORY BERRIER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA NYGAARp MITTEN DEFENDANT • 2007-5340 CIV[L ACTION LAW IN CUSTODY ORDER QF COURT AND NOW, Wednesday, September 12, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Joha J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland Connty Courthouse, Carlisle on Friday, September 28, 2007 at 2:00 PM for aPre-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/ ohn .Man r. 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 1.7013 Telephone (717) 249-3166 ~ ~~-6 enus~sc u~nc~~ ~~ ~~.- o ~ ~Z Wd ~ I d3S t~Z A~f1C}I~i~.Q~d , ~0 y.PV ~J GREGORY BERRIER, IN THE COUR OF COMMON PLEAS OF PLAINTIFF CUMBERLAN COUNTY, PENNSYLVANIA NO.07-5340 IVIL V. CIVIL ACTION -LAW MELISSA NYGAARD MITTEN, DEFENDANT IN CUSTODY AND NOW, this 13`h day of September, 2007, pon consideration of the Petition for Emergency Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED t at: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or bef re October 3, 2007; 3. The Prothonotary is directed to forward sai Answer to this Court. 4. If no answer to the Rule to Show cause is led by the required date, the relief requested by Plaintiff shall be granted upon the Court s receipt of a Motion requesting Rule be made Absolute. If the Defendant files an ans er to this Rule to Show Cause, and the answer raises disputed issues of material be scheduled. Richard Wagner, Esquire Attorney for Plaintiff ~ul Orr, Esquire Attorney for Defendant elissa Nygaard Mitten Defendant ~dbhn Mangan, Esquire Custody Conciliator an evidentiary hearing will then By the C urt, M. L. Eb rt, Jr., . ~~ ~ J. bas ~t~n'ths~N~d G h ~ i Nd € i d3S tO~Z Ak-OL d0 ,~. GREGORY BERRIER, Plaintiff/Petitioner, v. : MELISSA NYGAARD MITTEN, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-5340 CIVIL ACTION-LAW IN CUSTODY DEFENDANT'S ANSWER TO RULE TO SHOW CAUSE AND NOW, comes the Defendant/Respondent, Melissa Nygaard Mitten, by and through her attorney Paul Bradford Orr, Esquire, and files the following Answer to the Petition for Emergency Custody: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, Denied in part. It is admitted that the Respondent left the Jurisdiction. However it is Denied that Defendant/Respondent left the jurisdiction without notifying the Plaintiff/Petitioner. By way of further explanation, the parties had been in active negotiations regarding her move to Virginia Beach, Virginia. Plaintiff/Petitioner did have the email address for the Defendant/Respondent as well as various phone numbers. Additionally, there had never been a Custody Court Order Issued in this matter Ordering Defendant/Respondent to stay in the jurisdiction of Cumberland County or in the jurisdiction of Pennsylvania. 7. Denied. Plaintiff/Respondent moved to the State of Virginia to better her own. life and the life of the child, Madison Paige Nygaard. Additionally, Respondent's new husband was offered better Employment opportunities in the State of Virginia. By way of further explanation, Petitioner had previously commented to Respondent that he would also like to relocate to Virginia to seek better employment opportunities and to be closer to his child. Finally, both parties had been in active communication and had even agreed to "transfer of custody" locations in the Northern Virginia area whereby the parties would SHARE transportation. 8. This averment requires No answer as it appears to be an additional request by Plaintiff. Petitioner. However, the parties did agree to Interim Order at Conciliation Conference that satisfied both parties. WHEREFORE, we respectfully request this honorable court to award Respondent primary Physical custody with periods of liberal periods of visitation and partial custody to Petitioner. Respectfully Submitted, Paul Bradford Orr, Esquire Attorney for Defendant/Respondent 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Court ID No.: 71786 GREGORY BERRIER, Plaintiff/Petitioner, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-5340 CIVIL ACTION LAW MELISSA NYGAARD MITTEN, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on thi~ day of, ~ ~bt~~'~, , 2007, I mailed a copy of Defendant's Answer to Rule to Show Cause to the following persons at the following address by First Class Mail as follows: P. Richard Wagner, Esquire 2233 N. Front Street Harrisb , PA 17110 Paul Bradford Orr, Esquire Attorney for Defendant/Respondent 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID No.: 71786 c~ r- - -~..~ ~ -r- - G: . ._ _ ... .. -- ~ ~1 ~`i °C GREGORY BERRIER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5340 CIVIL CIVIL ACTION -LAW MELISSA NYGAARD MITTEN, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 9th day of October, 2007, upon consideration of the Plaintiff's Petition for Emergency Relief and the Defendant's Answer thereto, and given that the Parties appeared before Custody Conciliator, John J. Mangan, Esquire, on September 28, 2007, regarding the issues raised in the Petition and the Court now having scheduled a hearing on this matter for November 7, 2007, at 1:30 p.m. in Courtroom No. 5, IT IS HEREBY ORDERED AND DIRECTED that pending further Order of Court the Plaintiff's Petition for Emergency Relief is DENIED. The Court's Order of October 9, 2007, shall govern the custody of Madison Paige Nygaard, born July 14, 2006. By the Court, ~~ M. L. Ebert, Jr., J. ,,~ Richard Wagner, Esquire Attorney for Plaintiff ~ul Orr, Esquire Attorney for Defendant ohn Mangan, Esquire Custody Conciliator ~ bas -, a -r ~! ~~~ °a'~ ~J` ~ ~`.~ LLLi ~~ ~ ~ _ x;-11. ~.~ _ „-~ OCT 0 b 2007 rN~ GREGORY BERRIER IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. MELISSA NYGAARD MITTEN No. 07-5340 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: M.L. Ebert, Jr., J. COURT ORDER ~h AND NOW, this 9 day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Relocation Hearing is hereby scheduled on the 7th day of November, 2007 at 1:30 pm in Courtroom number 5 in the Cumberland County Court of Common Pleas, Cazlisle, PA 17013 at which time testimony will be taken. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each parry shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 2. The Mother shall enjoy primary physical custody of Madison Nygaard, born 7/14/06. 3. The Father shall have periods of partial physical custody with Madison on September 29, 2007 from 1:00 pm until Sunday September 30, 2007 8:00 pm, on October 13, 2007 from 9:00 am until October 14, 2007 8:00 pm and on October 27, 2007 from 9:00 am until October 28, 2007 8:00 pm. The parties may alter this arrangement upon mutual agreement. 4. The Mother shall provide the transportation for the custody exchanges. Father's periods of partial custody of Madison shall be at paternal grandmother's residence. 5. Telephone contact between the Child and the non-custodial pazent shall be liberal as agreed upon between the parties. 6. The parties are directed to communicate with one another regarding custodial issues/concerns. To the extent possible, neither party shall allow third parties to involve themselves regazding custodial issues with Madison. 7. 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 disparage the other parent in the presence of the Child. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. Neither party shall smoke any substance in confined places in the presence of the Child. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall control. Cc: •~a rr, Esquire 'd Wagner, Esq ohn J. Mangan, Esgi 1 BY THE COURT, ~~ J. _ ~' i { r u€, ~. U ,, f GREGORY BERRIER Plaintiff v. MELISSA NYGAARD MITTEN Defendant Prior Judge: M.L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5340 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUNIlVIARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madison Paige Nygaard 7114/06 Mother 2. An emergency Order of Court was entered by the Honorable M.L. Ebert, Jr., J. issuing a Rule to Show Cause why Mother should be able to relocate to another jurisdiction. 3. A Conciliation Conference was held on September 28, 2007 with the following individuals participating: The Father, Gregory Berrier, with his counsel, Richard Wagner, Esquire The Mother, Melissa Nygaazd Mitten, with her counsel, Paul Orr, Esquire. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody of Madison. Mother has recently married and has moved to Virginia with Madison and her new husband. Mother has concerns regazding Father's alleged alcohoUdrug use and his ability to properly care for Madison generally. Mother asserts that Father had known of Mother's intent to move out of this jurisdiction and that she had been willing to come to some sort of agreement regarding Father's partial custody. Mother requested that the exchange point for Madison should be approximately half way and that each pazent share the transportation. Mother believes that the move to Virginia and her having primary physical custody subject to Father's partial physical custody is in the Child's best interest. 5. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of Madison. Father alleges that he has not seen his daughter in approximately one month and that he was not aware of Mother's intent to move from this jurisdiction. Father alleges that Mother's new husband has involved himself in the situation and has interfered with Father's communication with Mother. Father alleges that Mother's new husband has made threats to him regarding Father's custodial rights. Father requests that Mother transport Child to this jurisdiction every other weekend pending a relocation hearing. Father asserts that Mother has extensive family contacts in this area and Father is willing to have his custodial time with Madison at paternal grandmother's residence. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court granting the parties shared legal custody with Mother having primary physical custody subject to father's partial physical custody every other weekend pending the hearing. 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. 7. The proposed recommended Order may contain a requirement that the parties file apre-trial memorandum with the Judge to whom the matter has been assigned. Date: October 2, 2007 ~!~ Jo J. angan, Esq re C tod Conciliato GREGORY BERRIER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5340 CIVIL V. : CIVIL ACTION -LAW MELISSA NYGAARD MITTEN, DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 7'h day of November, 2007, it appearing that the pending issue has been resolved and counsel are preparing an agreement to be signed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for this date is cancelled and may be rescheduled at the request of either party if required. ichard Wagner, Esquire Attorney for Plaintiff aul Orr, Esquire Attorney for Defendant bas a By the Court, M. L. Ebert, Jr., J. i, a 1 1 ^is ir; ~: _ '3 j GREGORY BERRIER, Plaintiff v. MELISSA NYGAARD MITTEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -CUSTODY NO. 07-5340 CIVIL TERM IN CUSTODY STIPULATION REGARDING CUSTODY-VISITATION Plaintiff, Gregory Berrier, hereinafter referenced as Father, and Defendant, Melissa Nygaard Mitten, hereinafter referred to as Mother, hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor children: Madison Paige Nygaard, born July 14, 2006, hereinafter referenced as Child: (1) Plaintiff and Defendant shall have shared legal custody of the child, Madison Paige Nygaard. The Defendant, Melissa Nygaard Mitten shall have primary physical custody of the child. (2) The Defendant, Melissa Nygaard Mitten shall have primary physical custody of the child. (3) The Plaintiff, Gregory Berrier shall have the following rights of partial physical custody: A. Every three (3) weeks on weekends from Fridays at 6:00 PM until Sunday at 6:OOPM, unless otherwise agreed upon between the parties. The parties shall meet halfway each way on the visitation weeks unless the Defendant is already in Pennsylvania. The parties are willing to discuss extending the weekends according to Plaintiff's work schedule and as the child gets older and able to make more frequent car rides. B. During the summer months, the parties will discuss a time that will be good for all parties involved, for the Plaintiff to enjoy visitation of his daughter, for an entire week. C. All major holidays will be shared 50/50 and will be discussed i n advance by the parties. At that time, a meeting place and times will be agreed upon by the parties. D. All visitation for the Plaintiff, must take place at the residence of Matthew and Becky Berrier. This is subject to change if and when Plaintiff moves to a more suitable environment for the child. It must be an environment where both parties agree it is suitable for the child. E. While the Plaintiff is in jail, there will be NO visitation with the minor child. The child will not be permitted to visit Plaintiff in the Prison. During this time, the Plaintiffs parents, Matthew and Becky Berrier will be permitted visitation of their grandchild, but will not be permitted to take child to the prison to see Plaintiff. F. During the time where the Plaintiff is without a Driver's License, it is agreed that the Plaintiff's parents will transport the child, according to the visitation agreement herein. G. The use of drugs or alcohol will not be permitted by either party while they are the Primary Caregivers for the child. (4) The parties can mutually agree to additional and or substitute arrangements without the need of any further Order of Court. (5) Jurisdiction in this matter shall remain in Cumberland County, Pennsylvania. (6) Defendant may discontinue this agreement, at her discretion, if Plaintiff should happen to receive any other drug or alcohol charges. Paul Bradford Orr,~q Attorney for Defendant reg B rrier, Plaintiff %' Melissa Mitten (Nygaard ,Defendant ~~. `; i-a ~_ .. ~ . -i _ .. w~ _ _. ._ ~ r . ~ «: .-~ r 1.,. <,~ ° ~ ~ .} _.1 _. ~~ `~ . T i ...,~~ ? .,...Y. ~.,,. -} :I% 1 ~I "E. DEG 0 3100? GREGORY BERRIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. MELISSA NYGAARD MITTEN, Defendant CIVIL ACTION -CUSTODY NO. 07-5340 CIVIL TERM IN CUSTODY ORDER Oerce.+r-1~e- AND NOW, this 3'~ da of Y , 2007, in consideration of the attached Stipulation Regarding Custody and Visitation, it is hereby ordered that: 1. Plaintiff and Defendant shall have shared legal custody of the child, Madison Paige Nygaard. The Defendant, Melissa Nygaard Mitten shall have primary physical custody of the child. 2. The Plaintiff, Gregory Berrier shall have the following rights of partial physical custody: A. Every three (3) weeks on weekends from Fridays at 6:00 PM until Sunday at 6:OOPM, unless otherwise agreed upon between the parties. The parties shall meet halfway each way on the visitation weeks unless the Defendant is already in Pennsylvania. The parties are willing to discuss extending the weekends according to Plaintiff's work schedule and as the child gets older and able to y make more frequent car rides. B. During the summer months, the parties will discuss a time that will be good for all parties involved, for the Plaintiff to enjoy visitation of his daughter, for an entire week. C~ All major holidays will be shared 50/50 and will be discussed in advance by the parties. At that time, a meeting place and times will be agreed upon by the parties. D. All visitation for the Plaintiff, must take place at the residence o f Matthew and Becky Berrier. This is subject to change if and when Plaintiff moves to a more suitable environment for the child. It must be an environment where both parties agree it is suitable for the child. E~ While the Plaintiff is in jail, there will be NO visitation with the minor child. The child will not be permitted to visit Plaintiff in the Prison. During this time, the Plaintiffs parents, Matthew and Becky Berrier will be permitted visitation of their grandchild, but will not be permitted to take child to the prison to see Plaintiff. F~ During the time where the Plaintiff is without a Driver's Licen se, it is agreed that the Plaintiff's parents will transport the child, accordin 9 to the visitation agreement herein. G~ The use of drugs or alcohol will not be permitted by either a P rtY while they are the Primary Caregivers for the child. 3. The parties can mutually agree to additional and or substitute arrangements without the need of any further Order of Court. 4. Jurisdiction in this matter shall remain in Cumberland Coun ty, Pennsylvania. 5. Defendant may discontinue this agreement, at her discretion i f Plaintiff should happen to receive any other drug or alcohol charges. BY THE COURT: ~-~~ _.. _ _. a ..; J \1.{~ y.1.1 . 1 •-y _. _~ ../~ 1~ .mod W`