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HomeMy WebLinkAbout03-6256KENT M. GILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. &0,' , (P 'z S ANNE M. JOHNSON, CIVIL ACTION -LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Kent M. Gill, an adult individual residing at 33 Riverview Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Anne M. Johnson, an adult individual residing at 105 Lighthouse Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following child: Name Present Address Age Benjamin M. Gill 105 Lighthouse Drive 3 Mechanicsburg, PA 17050 4. The child was not born out of wedlock. The child is presently in the custody of Mother, Anne M. Johnson, who resides at 105 Lighthouse Drive, Mechanicsburg, Cumberland County, Pennsylvania. 5. During the past five (5) years, the child has resided with the following persons at the following address(es): Name Address Dates Kent Gill 996 Chapps Ford Road 11/6/00 - 8/1/01 Anne Marie Gill Charleston, WV Anne Marie Johnson 105 Lighthouse Drive 8/1/01 - present Calvin Johnson Mechanicsburg, PA Sharon Johnson 6. The mother of the child is currently residing at 105 Lighthouse Drive, Mechanicsburg, Cumberland County, Pennsylvania. She is single. 7. The father of the child is currently residing at 33 Riverview Drive, Enola, Cumberland County, Pennsylvania. He is married. 8. The relationship of Plaintiff to the child is that of Father. Plaintiff currently resides with the following persons: Name Relationship Jill Gill Wife 9. The relationship of Defendant to the child is that of Mother. Defendant currently resides with the following persons: Name Relationship Calvin Johnson Father Sharon Johnson Mother 10. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. However, the parties entered into an agreement regarding custody which is attached hereto as Exhibit "A". 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting Plaintiff shared legal and primary physical custody of the child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him shared legal and primary physical custody of the child, Benjamin Gill. Respectfully Submitted, Dated: 1 1'2 010 J- REAGER & ADLER, PC BY: emso I?anto , Esquire I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorney for Plaintiff VERIFICATION I, Kent M. Gill, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. DATE: 3 Kent M. Gill MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thi ?ay of /1) 2002, by and between KENT M. GILL, hereinafter referred to as ".HUSBAND", and ANNE MARIE GILL, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on March 21, 1998 in Cumberland County, Pennsylvania; WHEREAS, one (1) child was bom of this marriage being Benjamin M. Gill, born November 6, 2000; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by 04/23/2002 reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION-1 GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been previously represented in this matter by Carl G. Wass, Esquire and has consulted with John J. Connelly, Jr., Esquire in regard to the terms of this Agreement. HUSBAND has chosen instead to negotiate directly with counsel and/or with his WIFE. HUSBAND hereby acknowledges that he has done so willingly and that he fully understands the facts and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is 04/23/2002 fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL, DISCLOSURE. The parties are satisfied with the knowledge or disclosure which they possess in regard to the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other 04/23/2002 means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. The parties agree that the Affidavit of Consent and the Waivers of Notice shall be executed simultaneously with this Agreement and WIFE will file a praecipe within ten (10) days after the date of execution of this Agreement to finalize the divorce. 5. SUBSF.QUFNTDIVORCF A decree in divorce, entered by the court of Dauphin County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Dauphin County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to 04/23/2002 4 be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against 04/23/2002 the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either parry may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND idABILITIFS This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERARILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 04/23/2002 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WATVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights 04/23/2002 7 under this Agreement. 13. CONTROLLING LAW, This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: A. PERSONAL PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital personal property. The property has been satisfactorily divided between the parties to the mutual agreement of them. All personal property in possession of WIFE shall be the sole and separate property of WIFE and all personal property in possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. 04/23/2002 8 B. REAL ESTATE The parties owned a marital home located at 996 Chapps Fork Road, Charleston, West Virginia. Said property was sold on or about September 10, 2001. All debts, liens and mortgages relating to the real estate were satisfied by the proceeds of the sale and net proceeds of approximately Forty Thousand Dollars ($40,000.00) were divided equally between the parties to the satisfaction of the parties. C. MOTOR VEHICLES The parties owned a 1998 Isuzu Trooper at the time of separation. Said vehicle was encumbered with a loan due in the approximate amount of Ten Thousand Dollars ($10,000.00). Said vehicle shall become the sole and separate property of HUSBAND. Said vehicle was totaled in an accident after separation. The joint proceeds of Fourteen Thousand Dollars ($14,000.00) shall be HUSBAND's sole property. It is further acknowledged that WIFE had a 1993 Saturn prior to marriage and continues to have said vehicle. Said car shall remain the sole and separate property of WIFE. D. PENSION AND RETIREMENT BENEFITS HUSBAND has certain retirement benefits acquired or which increased in value during the marriage. These benefits are as follows: 1. 401(k): Anchor Gaming 401(1), Account No. #159-50-3213 in the amount of $18,476.33 04/23/2002 as of December 31, 2000. HUSBAND warrants this account was fully funded prior to marriage and based upon said warranty, WIFE waives any claim to the increase in value of said account over the term of the marriage. EDS 401(k), Vanguard Account No. #091333 in the amount of $9,109.01 as of 6/30/01. This asset was acquired during the marriage by HUSBAND. WIFE waives any claims she has in the account. 2. Stock Options;. HUSBAND has acquired 24.96 shares of EDS stock during the marriage. Said stock shall be the sole property of HUSBAND and WIFE waives any claims she has in said stock. Said stock has a value of approximately One Thousand Five Hundred Sixty Dollars and 62/100 ($1,560.62). E. BUSYNESS WIFE operates a craft business. Said business was started prior to the date of the parties' marriage. HUSBAND waives any and all rights which he may have in the business, including claims regarding the increase in the value of the business over the term of the marriage and said business shall be the sole and separate property of WIFE. 04/23/2002 10 F. ACCOUNTS 1. Stock Account WIFE had certain stock accounts in her name alone which shall become her sole and separate property. These are as follows: Quick and Reilly, Account Nos. 219-22319-14 and 596-14312-19 RR IA5 in the amount of $1,884.00 as of April 5, 2001. WIFE also has an interest in Rainforest and Boyd which has a value of $378.00. While WIFE will retain these shares, HUSBAND will receive credit for the full value of the stocks as a credit against the sums owed to WIFE pursuant to paragraph H. 2. Joint Account The parties had the following joint account at the time of separation which had a cumulative value of $3,000.00. The parties agree that this account shall be shared equally between them. HUSBAND has received $1,800.00 and WIFE has received $1,200.00. HUSBAND shall pay to WIFE the sum of $300.00 as set forth in paragraph H. G. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. The parties warrant that no cash value exists in any life insurance. HUSBAND shall be required to carry life insurance in the amount of ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000.00) on his life for the benefit of WIFE to the extent of his outstanding alimony obligation to her and, the remainder for the benefit of the 04/23/2002 11 child. HUSBAND agrees to name WIFE trustee for the benefit of their minor child until the child reaches the age of eighteen (18) years. Proof of existence of said policy shall be given to WIFE annually on the anniversary of the date of this Agreement. If HUSBAND fails to meet this obligation, this claim shall be enforceable against HUSBAND's estate for the fall value stipulated above. WIFE agrees to carry life insurance in the amount of ONE HUNDRED SEVENTY THOUSAND DOLLARS ($170,000.00) on her life for the benefit of her minor child with HUSBAND named as Trustee until the child reaches the age of 18. Proof of existence of said policy shall be given to HUSBAND annually on the anniversary of the date of this Agreement. If WIFE fails to meet this obligation, this claim shall be enforceable against WIFE's estate for the full value stipulated above. H.. CASH PAYMENT TO WIFE HUSBAND agrees to pay to WIFE the sum of ONE THOUSAND EIGHT HUNDRED THIRTY EIGHT DOLLARS ($1,838.00). This is calculated as follows: The sum represents $700.00 per month as child support for August, 2001 through March, 2002, less payment credits of $1,800.00 for partial payments made. Against this total of $3,800.00, HUSBAND shall receive his full credit of $2,262.00 for the stock retained by WIFE as set forth in paragraph F., as well as the sum of $300.00 due to WIFE to equal the distribution to WIFE of the Joint account. This sum shall be paid upon the signing of the Agreement. 04/23/2002 12 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties further aver that each parry shall be responsible for all debts in his or her name alone. Each party agrees to indemnify and hold the other harmless from each of the aforementioned debts and agrees to be responsible for all attorneys' fees incurred by the other in defense of any claim or suit brought against him or her arising from any debt incurred during the marriage. To the best of the parties' knowledge, the parties affirm that no jointly titled debt exists and all joint credit cards or other obligations have been terminated. SECTION III CHILD SUPPORT SUPPORT Effective April 1, 2002, child support shall be due and payable in the amount of FIVE 04/23/2002 13 HUNDRED TWENTY-FIVE DOLLARS ($525.00) per month. HUSBAND shall pay this sum directly to WIFE in bi-weekly installments of TWO HUNDRED FORTY-TWO DOLLARS AND 30/100 ($242.30). HUSBAND shall arrange for direct payment through his employer from his check to WIFE. If this obligation becomes delinquent by fourteen (14) days, WIFE shall submit this Agreement to Domestic Relations for enforcement through wage attachment. HUSBAND shall also maintain health insurance on said child. HUSBAND shall also pay seventy percent (70%) of all unreimbursed medical, dental and prescription expenses not covered by insurance after WIFE pays the first TWO HUNDRED FIFTY DOLLAR ($250.00) deductible for the child per year. WIFE agrees to use Network doctors if available for the care of the child. This provision can be reviewed for modification upon petition through Domestic Relations filed by either party. 2. ALIMONY HUSBAND agrees to pay to WIFE the sum of TWO HUNDRED DOLLARS ($200.00) per month as alimony. This payment shall be non-modifiable in amount or duration. It shall continue for a period of three (3) years and only be terminated upon death of WIFE. This obligation shall not terminate in the event of cohabitation or remarriage of WIFE. WIFE's alimony shall not be deemed income for purposes of calculation of child support for any future 04/23/2002 14 review. This sum shall also be paid directly to WIFE through bi-weekly direct deposit from HUSBAND's employer in the amount of NINETY-TWO DOLLARS and 31/100 ($92.31). In the event HUSBAND is delinquent in said payment for fourteen (14) days, this amount shall be entered as an order through Domestic Relations and shall be entered for enforcement through that office. SECTION IV CHH,D CUSTODY The parties agree they shall share legal and physical custody of their minor child, Benjamin M. Gill. Primary physical custody of the child will be with WIFE. HUSBAND shall have partial physical custody as follows: 1) Alternating weekends from Friday at 5:00 p.m. to Monday at 9:00 a.m.; 2) On weeks following HUSBAND's weekends, Thursday evenings from 5:00 p.m. to 9:00 p.m.; 3) On weeks following WIFE's weekends, Tuesday and Thursday evenings from 5:00 P.M. to 9:00 P.M. Additionally, it is agreed as follows: 1) Each party shall also have three (3) weeks of custody of the child for purposes of vacation. These weeks shall not be taken consecutively except by mutual agreement of the other party. The week shall include each parties' own weekend. Each party shall give the other thirty (30) days advance notice of his chosen weeks. 2) The parties shall alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day, and Halloween. The holiday time shall be defined as 9:00 a.m. to 9:00 p.m. on the actual day of the holiday. However, if a holiday should adjoin the weekend of the parent who has the holiday period, the time period shall run 04/23/2002 15 continuously to include the weekend and the holiday time. 3) The parties shall share time on the child's actual birthday in as nearly equal shares as possible. 4) Mother's Day shall be with WIFE and Father's Day shall be with HUSBAND. The time period of the holiday shall be 9:00 a.m. to 9:00 p.m. and shall supercede the regular holiday schedule. 5) Thanksgiving and Christmas shall be divided as follows: The parties will define Thanksgiving as Wednesday evening at 6:00 p.m. before Thanksgiving Day until Sunday at 9:00 p.m. after Thanksgiving Day. This shall be deemed to be Holiday Segment "A." The parties agree to divide Christmas into two segments. The first Christmas segment shall be December 23rd at 6:00 p.m. to December 28th at 6:00 p.m. This shall be deemed to be Holiday Segment "B." The second Christmas segment shall be December 28t' at 6:00 p.m. to January 2nd at 6:00 p.m. The parties agree that in even years, WIFE shall have Holiday Segment "B" and HUSBAND shall have Holiday Segments "A" and "C." In odd numbered years, WIFE shall have Holiday Segments "A" and "C" and HUSBAND shall have Holiday Segment "B." Notwithstanding the above, the parties agree that if they are both in town for the actual day of the holiday - e.g. Christmas Day or Thanksgiving Day, they will allow the alternate parent a minimum period of two hours to see the child on the actual holiday. This provision shall be non-modifiable for a period of three (3) years except for extraordinary circumstances. SECTION V LEGAL FEES HUSBAND agrees to reimburse WIFE for one-half of the legal fees she has incurred since August, 2001. The total WIFE has incurred since August, 2001, including an additional expected hour to finalize this divorce, is ONE THOUSAND NINE HUNDRED TWENTY-SIX 04/23/2002 16 DOLLARS and 65/100 ($1,926.65). HUSBAND will reimburse WIFE the sum of NINE HUNDRED SIXTY-THREE DOLLARS and 32/100 ($963.32) plus one half of the initial retainer of SEVEN HUNDRED FIFTY DOLLARS ($750.00) posted in 2000 for a total due to WIFE of ONE THOUSAND THREE HUNDRED THIRTY-EIGHT DOLLARS and 32/100 ($1,338.32). This payment shall be paid upon signing of this Agreement. SECTION VI 1. CONDITION PRECEDENT TO THE. AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. 04/23/2002 /t 64 KENT. GILL 4?MA 7x", ANNE MARIE GILL 17 COUNTY OF ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared KENT M. GILL, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this day of .0 C--, 2002. commission expiJArMES E. NOTARGREEIANL,Notar SEALy Public (SEAL) Camp Hill, Cumberland County My Commission Expires June 6, 2005 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ANNE MARIE GILL, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this day of `- Ma 2002. NOTARY PUBLIC My commission expires: Notarial seal Debra L. Straub, Note ry Public Harrisburg, Dauphin County My Commission Expires Aug. 22, 2002 Member, Pennsylvania Association of Notaries (SEAL) 04/23/2002 18 O V C I L. a GI)1' oa j KENT M. GILL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-6256 CIVIL ACTION LAW ANNE M. JOHNSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday December 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, January 06, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S Sunday. &q U Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 yam-,?"t ??'L?.u' ?r?nusN?nd ,u.nln-' n'.K no En :Z 1W 01 330 EO I Nds ::: t1 30 KENT M. GILL, VS. Plaintiff ANNE M. JOHNSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6256 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /' day of 2004, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The custody provisions of the Marital Settlement Agreement signed by the parties on May 2, 2002 and incorporated into a subsequent divorce decree, shall continue in effect as modified by this Order on an interim basis. 2. The parties shall engage in a course of coparenting counseling with a professional to be selected by agreement. The purpose of the counseling shall be to assist the parties in establishing communication and cooperation concerning issues regarding their Child. All costs of counseling which are not reimbursed by insurance coverage shall be shared, with the Father paying 60% and the Mother paying 40% of the costs. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday after daycare through Monday before daycare and every week from Wednesday after daycare through Thursday before daycare. In addition, during weeks following the Mother's weekend periods of custody, the Father shall have custody of the Child on Monday from after daycare until 8:30 pm. 4. In the event either party is unavailable to provide care for the Child during his or her periods of custody for two hours or longer, that party shall first contact the other party to offer the opportunity to provide care for the Child before contacting third party caregivers. Y-/ 5. The parties agree that the Child shall continue to attend daycare at the Mulberry Child Care and Preschool in Camp Hill. dlNVAI SNN3d 10 -.h add ?- 83J 400Z MKONOH1Oad "Hl JO 30M-M 6. After following the custody schedule provided in this Order for a period of at least sixty days, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the arrangements if necessary. 7. This Order is entered pursuant to an agreement by the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 1414 J. cc: /Debra Denison Cantor, Esquire - Counsel for Father &,Barbara Sumple-Sullivan, Esquire = Counsel for Mother J? ? ?oa ?a,o5 KENT M. GILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ANNE M. JOHNSON Defendant 03-6256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin M. Gill November 6, 2000 Mother 2. A Conciliation Conference was held on January 27, 2004, with the following individuals in attendance: The Father, Kent M. Gill, with his counsel, Debra Denison Cantor, Esquire, and the Mother, Anne M. Johnson, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Ja.???y? a.m y Date Dawn S. Sunday, Esquire Custody Conciliator KENT M. GILL, Plaintiff/Petitioner, V. ANNE M. JOHNSON, Defendant/Respondent. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-6256 CIVIL ACTION -LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Petitioner, Kent M. Gill, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition to Modify Custody: 1. The Petitioner, Kent M. Gill, is an adult individual residing at 33 Riverview Drive, Enola, Cumberland County, Pennsylvania. 2. The Respondent, Anne M. Johnson, is an adult individual residing at 6238 Warren Avenue, Harrisburg, Dauphin County, Pennsylvania. 3. The parties are the natural parents of one child, Benjamin Matthew Gill, born November 6, 2000. 4. The parties entered a comprehensive Property Settlement Agreement on May 2, 2002, that contained provisions for custody, and on February 4, 2004, that Agreement was ratified and amended, a copy of which amendment is attached hereto, incorporated herein by reference, and marked as Exhibit A. 5. There is no other person seeking custody or has rights to custody of the child. 6. The Petitioner is the natural father of the child and the Respondent is the natural mother of the child. 7. The Petitioner believes and therefore avers that it is in the best interests of the child for the parties to have shared legal custody and the Petitioner to have primary physical custody of the aforementioned child. WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, Mancke,,Wagner, Spreha & McQuillan Pard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff/Petitioner Date: / l D D -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 unworn falsification to authorities. 7/4.? DATE: /?.,;4-r FEB 0 2 2004 KENT M. GILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND- COUNTY, .PENNSYLVANIA VS. ANNE M. JOHNSON Defendant 03 -625 6 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT this day of 2004, u ?. AND NOW, ? y Pon consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: 1. The custody provisions of the Marital Settlement Agreement signed by the parties on May 2, 2002 and incorporated into a subsequent divorce decree, shall continue in effect as modified by this Order on an interim basis. 2. The parties shall engage in a course of coparenting counseling with a professional to b-e selected by agreement. The purpose of the counseling shall be to assist the parties in establishing communication and cooperation concerning issues regarding their Child. All costs of counseling which are not reimbursed by insurance coverage shall be shared, with the Father paying 60% and the Mother paying 40% of the costs. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday after daycare through Monday before daycare and every week from Wednesday after daycare through Thursday before daycare. In addition, during weeks following the Mother's weekend periods of custody,-the -FW1re-r shall have custody of the Child on Monday from after daycare until 8:30 pm. 4. In the event either party is unavailable to provide care for the Child during his or her periods of custody for two hours or longer, that party shall first contact the other party to offer the opportunity to provide care for the Child before contacting third party caregivers. 5. The parties agree that the Child shall continue to attend daycare at the Mulberry Child Care and Preschool in Camp Hill. b. After following the custody schedule provided in this Order for a period of at least sixty days, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the arrangements if necessary. 7. This Order is entered pursuant to an agreement by the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Debra Denison Cantor, Esquire - Counsel for Father Barbara Sumple-Sullivan, Esquire s Counsel for Mother `fRi ; + O?PY F'Rt,;M REC D D and in Testirfiany+ whereof; I here unto s2t . and the seal, of sai . Courtt-t Ce Iisl?e, i?a T ....... .,??...:.. y BY THE COURT, KENT M. GILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6256 CIVIL ACTION LAW : IN CUSTODY vs. ANNE M. JOHNSON Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin M. Gill November 6, 2000 Mother 2. A Conciliation Conference was held on January 27, 2004, with the following individuals in attendance: The Father, Kent M. Gill, with his counsel, Debra Denison Cantor, Esquire, and the Mother, Anne M. Johnson, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator t? Pit, r ? Q -T ?? } ;,_,i r-n f KENT M. GILL PLAINTIFF V. ANNE M. JOHNSON DEFENDANT . IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 03-6256 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, January 29, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, February 28, 2007 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Daum S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'y V ? ??+rh? ?AIL, C? 0F-/ LO 0£ l 9 Z .11 H,-V O'C " "I ~ L1 IZ I,?''ti a lL 1} MBAR 06 i00p KENT M. GILL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-6256 CIVIL ACTION LAW ANNE M. JOHNSON Defendant IN CUSTODY ORDER OF COURT AND NOW, this t 9' day of yn R.'A , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor Child to a short form custody evaluation to be performed by Deborah Salem at InterWorks. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custodial arrangements which will best meet the needs of the Child in light of the Father's request for an equally shared custody schedule and the Mother's preference to maintain the existing primary custodial schedule. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the parties or the Child. The Father shall be responsible to pay 75%, and the Mother shall be responsible to pay 25%, of the cost of the evaluation, on the condition that the Mother provides documentation through counsel reflecting her current income at a rate consistent with the current support allocation at approximately 40% of the parties' combined incomes. 2. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the prior Order of this Court dated February 4, 2004 shall continue in effect. cc 'chard Wagner, Esquire - Counsel for Father arbara Sumple-Sullivan, Esquire - Counsel for Mothe BY THE COURT. LLJ KENT M. GILL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ANNE M. JOHNSON Defendant Prior Judge: Kevin A. Hess 03-6256 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin Matthew Gill November 6, 2000 Mother 2. A custody conciliation conference was held on February 28, 2007 with the following individuals in attendance: the Father, Kent M. Gill, with his counsel, P. Richard Wagner, Esquire, and the Mother, Anne M. Johnson, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. The parties agreed to entry of an Order in the form as attached. `lc<-tck ! , 2w -7 Date Dawn S. Sunday, Esquire Custody Conciliator ,. 'APR 11 200Y KENT M. GILL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ANNE M. JOHNSON Defendant 03-6256 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in. Courtroom Number ?/ of the Cumberland County Courthouse on the c2.5-U day of n , 2008, at Q: 50a.m., at which time testimony will be taken. For purposes of the aring, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. BY THE COURT, ql?, ,--/ ?, Kevi . Hess J. cc: . Richard Wagner, Esquire -Counsel for Father Barbara Sumple-Sullivan, Esquire - Counsel for Mother (20 p , -es /yiat [-ccL ?rr? { h y ak KENT M. GILL vs. ANNE M. JOHNSON Defendant Prior Judge: Kevin A. Hess IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: Plaintiff CUSTODY CONCILIATION SUMMARY REPORT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-6256 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin M. Gill November 6, 2000 Mother 2. A custody conciliation conference was held on April 3, 2008, with the following individuals in attendance: the Father, Kent M. Gill, with his counsel, P. Richard Wagner, Esquire, and the Mother, Anne M. Johnson, with her counsel, Barbara Sumple-Sullivan, Esquire. 3. This Court previously entered an Order in this matter under which the Mother has primary physical custody of the Child and the Father has substantial periods of partial custody. Following the most recent custody conciliation conference, the parties obtained a custody evaluation from Deborah Salem as the Father was requesting equally shared custody and the Mother requested a continued primary arrangement. 4. The parties were not able to reach an agreement as to ongoing custody arrangements for the Child, despite the assistance of the evaluator's written custody recommendations, and therefore, it will be necessary to schedule a hearing in this matter. 5. The Father's position on custody is as follows: the Father believes it would be best for the Child to spend equal time with both parents. The Father also would like the opportunity to enroll the Child in activities in the Father's area of residence so that the Child can make friends and contacts when at his residence as well. 6. The Mother's position on custody is as follows: the Mother believes that the current primary custodial arrangement has worked well for the Child and does not believe there is a reason to alter it at this time. 7. The parties acknowledged having significant problems in communicating with each other and that their parenting effectiveness is suffering as a result. The parties were very receptive to the possibility of participating in co-parenting counseling to address that issue. However, when it became evident that a hearing would be necessary, it was determined that the co-parenting counseling would be most effective following resolution by the Court. Therefore, it is recommended that the Court address the issue of co-parenting counseling as part of the determination on the custodial issues. 8. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator KENT M. GILL, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6256 CIVIL ANNE M. JOHNSON, : Defendant CUSTODY ORDER AND NOW, this Z / ' day of April, 2008, hearing in the above-captioned matter set for July 25, 2008, is continued to Wednesday, August 6, 2008, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, P. Richard Wagner, Esquire For the Plaintiff ? Barbara Sumple-Sullivan, Esquire For the Defendant Am t,...D i E. S rrtV t Ci-CL fWt t t..4 C.3itiL KENT M. GILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 03-6256 CIVIL ANNE M. JOHNSON, Defendant CUSTODY ORDER AND NOW, this " 8` day of July, 2008, hearing in the above-captioned matter set for August 6, 2008, is continued to Friday, October 24, 2008, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, P. Richard Wagner, Esquire /For the Plaintiff ? Barbara Sumple-Sullivan, Esquire For the Defendant :rlm i DES ?n.?.E l£?, 7//g/oe l? -,?1.-?• >JC1?4?f o A v?. ci ?3{{ . _. - lH KENT M. GILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 03-6256 CIVIL ANNE M. JOHNSON, Defendant CUSTODY ORDER AND NOW, this / 2 ' day of August, 2008, hearing in the above-captioned matter set for October 24, 2008, is continued to Friday, November 7, 2008, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin ess, J. ,Richard Wagner, Esquire For the Plaintiff ,,Wa-rbara Sumple-Sullivan, Esquire For the Defendant :rlm y N C Q- W co ?y1 lY cxa z N KENT M. GILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-6256 CIVIL ANNE M. JOHNSON, Defendant CUSTODY ORDER AND NOW, this q' day of November, 2008, hearing in the above-captioned G matter set for November 7, 2008, is continued to Friday, February 13, amt 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevi . Hess, J. P. Richard Wagner, Esquire For the Plaintiff " Barbara Sumple-Sullivan, Esquire For the Defendant :rlm 0opies m?LLCCL ?r'"1 ?= cv i - ' {cl : Ac- wL- ?1 C-i b Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KENT M. GILL, Plaintiff V. ANN MARIE JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-6256 CIVIL ACTION -LAW CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this 11'' day of February, 2009, by and between ANN MARIE JOHNSON (hereinafter referred to as "Mother") an adult individual residing at 6238 Warren Avenue, Harrisburg, Dauphin County, Pennsylvania 17112, and KENT M. GILL, (hereinafter referred to as "Father") an adult individual residing at 33 Riverview Drive, Enola, Cumberland County, Pennsylvania 17025. WITNESSETH: WHEREAS, Mother and Father are the natural parents of Benjamin M. Gill, a minor child, born November 6, 2000. WHEREAS, the parties present custodial plan had been established by the existing Order dated February 4, 2004; WHEREAS, a Petition to Modify Custody was filed by Father on January 23, 2007, which Petition is scheduled for hearing on Friday, February 13, 2009; WHEREAS, the parties have mutually agreed to vacate the Court Order dated February 4, 2004, and desire to adopt an alternate plan to be stipulated for entry as a revised Order of court, and cancel the scheduled hearing. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Legal Custody: It is in the best interest of the minor child for the continuation of shared legal custody of the minor child, Benjamin. The parties agree that major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the child's best interest. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the child. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the child. The parties agree not to either attempt or alienate the affections of the child for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the child will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custodv: 1. Mother shall have primary physical custody of the parties' minor child; and 2 2. Father shall enjoy periods of partial physical custody as follows: During the school year: a. On alternating weeks beginning on Thursday after school and continuing until Monday morning at 9:00 a.m.; b. On alternating weeks from Thursday after School and continuing to school on Friday morning at 9:00 a.m.; and c. On alternating Mondays after Mother's weekend, from after school until 8:30 p.m. Summer: The parties shall share physical custody of Benjamin equally on a schedule as follows: a. Alternating weekends from Friday at 9:00 a.m. until Monday morning at 9:00 a.m.; b. Benjamin shall be with his Mother every Monday from 9:00 a.m. until Wednesday at 9:00 a.m.; and c. Benjamin shall be with his Father every Wednesday at 9:00 a.m. until Friday at 9:00 a.m. This schedule shall commence on the first Friday after school has dismissed for the year. The first week of summer custody shall be with the parent who would have that weekend. Summer Vacation: a. Each parent shall have three (3) non- consecutive weeks of vacation with their son. A week shall be defined as seven (7) days commencing Friday at 9:00 a.m. and ending on the following Friday at 9:00 a.m. Each party shall give the other notice by April l' of each year as to his or her choice of vacation weeks. If a conflict exists as to the choice of weeks, the first party to give written notice to the other shall prevail. C. Holidays: Thanksgiving and Christmas: The parties will define Thanksgiving as Wednesday evening at 6:00 p.m. before Thanksgiving Day until Sunday at 9:00 p.m. after Thanksgiving Day. This shall be deemed to be Holiday Segment "A". The parties agree to divide Christmas in to two (2) segments. The first Christmas segment shall be December 23'd at 6:00 p.m. to December 28t' at 6:00 p.m. This 3 shall be deemed to be Holiday Segment "B". The second Christmas segment shall be December 28`x' at 6:00 p.m. to January 2nd at 6:00 p.m. This shall be deemed to be Holiday Segment "C". The parties agree that in even years, Mother shall have Holiday Segment "B" and Father shall have Holiday Segments "A" and "C". In odd numbered years, Mother shall have Holiday Segments "A" and "C" and Father shall have Holiday Segment "B". Notwithstanding the above, the parties agree that if they both are in town for the actual day of the holiday, e.g., Thanksgiving Day or Christmas Day, they will allow the alternate parent a minimum period of two (2) hours to see the child on the actual holiday. Other Mayor Holidays: The parties shall continue to alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day and Halloween. A holiday shall be defined as 9:00 a.m. on the day of the holiday until 9:00 a.m. on the day following the holiday. However, if a holiday should adjoin the weekend of the parent who has the holiday period, the time period shall run continuously to include the weekend and holiday time. Other Public and School Holidavs: The parties shall begin to alternate the public and school holidays of Martin Luther King's Birthday, President's Day, School In-Service Days, and Veterans Day. These holidays shall also be defined as 9:00 a.m. on the day of the holiday until 9:00 a.m. on the day following the holiday. However, if a holiday should adjoin the weekend of the parent who has the holiday period, the time period shall run continuously to include the weekend and holiday time. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 9:00 p.m. the day of that holiday. Child's Birthday: The parents shall share time as nearly as possible on the child's birthday. D. OTHER PROVISIONS: a. Despite the shared physical custody schedule, Benjamin's daycare, formal sports and other extracurricular activities shall take place in Mother's home area of Linglestown. b. The party receiving the child shall provide the transportation. c. Both parents shall have a right of first refusal to care for Benjamin in the event the other parent is to be away overnight during their custodial time. 4 d. The parties shall attend co-parenting counseling with a counselor mutually agreed upon by the parties. All costs of counseling not reimbursed by insurance shall be shared between the parties based on the prorations of their incomes based on the existing support order. e. Father agrees and waives any right to seek any deviation downward on his support order during the next twenty-four (24) months arising out of the additional days granted him pursuant to this stipulation. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNE D: a er, Esquire Kent M. Gill Ric naTu rbara Sumple-Sullivan, Esquire Ann Marie Johnson 5 ` ?, -?n -? -' ?? t°r~S ri? ?.-- .. ?? 4 ? y J'J • ? ? r ? K.. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 KENT M. GILL, Plaintiff V. ANN MARIE JOHNSON, Defendant FF9 25 20,110&, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 03-6256 CIVIL ACTION -LAW CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this 34 day of m,,,,,A, , 2009, upon consideration of the attached Stipulation for Custody and on motion of P. Richard Wagner, Esquire, counsel for Plaintiff, Kent M. Gill, and Barbara Sumple-Sullivan, Esquire, counsel for Defendant, Anne Marie Johnson, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated February 11, 2009 are adopted as an Order of Court. BY THE COURT, The D' tribution: Richard Wagner, Esquire, 2233 North Front Street, Harrisburg, PA 17110 arbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 ?,31A110? Kevin A. Hess Y OF ?714, "-- TARY 2809 MAR -4 AN 9= so OA%, g MAW