Loading...
HomeMy WebLinkAbout03-6284MARY KULP : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE, CUSTODY, BRADLEY KULP 03 - Y Defendant : NO. CIVIL TERM COMPLAINT The plaintiff, Mary Kulp, by her attorney, Anne MacDonald Fox, sets forth the following cause of action: COUNT I. DIVORCE UNDER 23 Pa.C.S. SECTIONS 3301(c) & (d) OF THE DIVORCE CODE 1. Plaintiff is Mary Kulp, who currently resides at 1550 Williams Grove Road, Lot 124, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Bradley Kulp, who currently resides at 207 S. York Road, Apt. B, Mechanicsburg, Pennsylvania 17055 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on May 26, 2001 in Pleasentville, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since November 1, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT II. CUSTODY 9. Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff seeks custody of the following child: Name Present Address Age Madison Kulp 1550 Williams Grove Rd., Lot 124 Mechanicsburg, PA 17055 13 months The child is presently in the shared custody of Plaintiff, who resides at 1550 Williams Grove Rd., Lot 124, Mechanicsburg, Cumberland County, Pennsylvania 17055 and Defendant, who resides at 207 S. York Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Mary Kulp 1550 Williams Grove Rd., Lot 124 Mechanicsburg, PA 17055 Bradley Kulp 207 S. York St. Mechanicsburg, PA 17055 Mary & Bradley Kulp 1550 Williams Grove Rd. Lot 124 Mehanicsburg, PA 17055 Dates Nov. 1, 2003 - present Nov. 1, 2003 - present Oct. 10, 2002 - Nov. 1 2003 The mother of the child is Mary Kulp, currently residing at 1550 Williams Grove Rd., Lot 124, Mechanicsburg, Pennsylvania 17055. She is married. The father of the child is Bradley Kulp, currently residing at 207 S. York Rd., Apt. B, Mechanicsburg, Pennsylvania 17055. He is married. 11. The relationship of the plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Madison Kulp Daughter 12. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Madison Kulp Daughter 13. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 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. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the child since birth; b) Plaintiff provides the child with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff is willing and able to accept shared custody of the child; d) Both parties continue to exercise parental duties and enjoys the love and affection of the child; e) It is important for the child to have an ongoing, significant relationship with both parents. 15. 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 her shared legal and physical custody of the child. Date 11AI.1P3 (:?:? ( tA -j?? ANNE ANZD-F( Attorney I # 87727 45 North Pitt Street Carlisle, PA 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: ii I up / 0'?5 I NMaulp, plai tiff V3 tt+ z C ??77 t t? 0- MARY KULP, Plaintiff V. BRADLEY KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 03 - G -),S / CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Mary Kulp, Plaintiff, to proceed in forma pauperis. I, Anne MacDonald- Fox, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Respectfully submitted, Date ANNE MA DONALD- FO Attorney ID# 87727 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 n ? Q ?. ?? v iz, R1 ? c_ rn C?7 `? ,Fs? r ? 7 ???'? t Jrn ?` C_ ? '? %- ? d ? - -c. MARY KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :CUSTODY BRADLEY KULP 03. &2 F V Defendant :NO. CIVIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this 25 day ofNovember 2003, between Mary Kulp (hereinafter "Mother"), and Bradley Kulp (hereinafter "Father"), concerns the custody of their child: Madison Kulp, born October 9, 2002. Mother and Father desire to enter into an agreement as to the custody of the child. Mother and Father agree to the following: Mother and Father shall have shared legal custody of their child. All decisions affecting the child's growth and development shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other, and with the view towards obtaining and following the child's best interest. Such decisions shall include, but not be limited to, all medical and dental treatment, religious upbringing, education, scholastic or athletic pursuits, and other extracurricular activities. 2. Mother and Father shall have shared physical custody of the child on an alternating "week one"/"week two" schedule: Week One Beginning December 3, 2003, Father shall have custody of the child: a. From 4 p.m. on Wednesday until Friday at 8 a.m. Father shall pick the child up from daycare on Wednesdays at 4 p.m. and return her to daycare on Fridays at 8 a.m. Week Two Beginning December 8, 2003 Father shall have custody of the child: a. From 4 p.m. on Monday until Wednesday at 8 a.m. AND b. From 4 p.m. on Friday until Sunday at 4 p.m. Father shall pick the child up from daycare at the beginning of his custodial period and shall return her at the end of his custodial period on Wednesday. On Sundays, he shall return the child to Mother at Mother's home. This schedule shall continue to alternate with thereafter with Father having 2 overnights one week and 4 overnights the next. Mother shall have custody of the child at all other times not specifically stated in this Agreement. 3. Mother and Father shall have custody of the child on alternating holidays including Easter, Memorial Day, Fourth of July, Labor Day, and Thanksgiving. The times for the holidays in this paragraph shall be from 9 a.m. until 8 p.m. The holiday rotation shall begin with Easter 2004 when Mother shall have custody of the child. 4. Mother and Father shall share custody of the child on the Christmas holiday. In odd years, Mother shall have the child from noon on December 24 until 10 a.m. on December 25 and Father shall have the child from 10 a.m. on December 25 until noon on December 26. In even years, Father shall have the child from noon on December 24 until 10 a.m. on December 25 and Mother shall have the child from 10 a.m. on December 25 until noon on December 26. 5. Mother shall have custody of the child on Mother's Day, and Father shall have custody of the child on Father's Day. The times for the Mother's and Father's Day holidays are from 7:00 a.m. until 8:00 p.m. unless agreed otherwise by the parties. 6. Mother and Father shall be entitled to reasonable telephone access with the child while the child is in the other's custody. 7. Mother and Father shall keep one another advised of their current address and telephone number. 8. Mother and Father will notify each other of all medical care the child receives while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 9. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural 9. Neither parent will do anything which may estrange the child from the other party, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love and respect for the other parent. 10. Mother and Father intend to be bound by the terms of this agreement and intend for this Agreement to be made an Order of Court. a ff l?'efendano ANNE ONALD- F Attorney ID# 87727 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ?, _?,. ?<<, ,z: ,?>_ r?-? ?? '.. ;- i ?%r 1-+= ..t ?`, -? -?? %`, ? ?. 'i__,? cA (91 DE Y4 2003 MARY KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW :CUSTODY BRADLEY KULP 03 - 6a2 S 2/ Defendant :NO. CIVIL TERM ORDER AND NOW this _A day of , 2003, the following Custody Agreement is approved and entered as an Order of Cc DATE 05?? b a (osl MARY KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION - LAW : IN DIVORCE BRADLEY KULP, Defendant : NO. 03-6284 CIVIL TERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C. S. §4904 (relating to unworn falsification to authorities), the undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce Complaint to the Defendant by placing the same in the U.S. Mail, certified no.7002 0860 0001 5847 8387, restricted delivery, return receipt requested, postage prepaid, on the 9' day of December, 2003, addressed as follows: Bradley Kulp 207 S. York Street Apt. B Mechanicsburg, PA 17055 Sender's receipt number 7002 0860 0001 5847 8387 is attached hereto and incorporated by reference. On or about the 12`n day of December, 2003, green return receipt number 7002 0860 0001 5847 8387 was delivered to the Family Law Clinic, bearing the signature of Bradley Kulp, and showing a date of service of the 10" of December, 2003. The return receipt is attached hereto and incorporated by reference. Date: Z)e l .j ?( aDv3 Anne %-c o? i C nald-Fox Atty ID# 87727 FAMILY LAW CLINIC 45 N. Pitt St Carlisle, PA 17013 (717) 342-2968 G ;N n -73 3 L 0 rij b l ?1, -yC a ff= S C3 v O ? Q t Ln F A ? i C 03 LU D A W C3. m J D $ ? ? ? 9 5 C ? ? v n? px A ?^ o m m N n ? J n d ? ¦ a ^ ¦ g?0Z.ron ` 3 SNy `C AV ym a mm 3 0 o y-5 3 O ?.dJ 3 ?y Np O C Q r m- EaOm mw`spO W xy ?•2w 3. o n y n N S O ? ? Q y ?n3 v ? m m m + N ma m m? ? n n m ? n m y 3 e*ri Z X O €. A .. na- 3 4 a _ .{: r c vi m U ? w a ? y J ? N a ? a a w W F z Z) j i Y Q a. MARY L. KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE, CUSTODY BRADLEY R. KULP, Defendant : NO. 03-6284 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date MARY L. K(JLV Plaintiff r> r,> - - <_> - .? ;; ?; _ °,'_ W -,??? -',? ? ,.; ?.a ?-; MARY L. KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE, CUSTODY BRADLEY R. KULP, Defendant : NO. 03-6284 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on December 3, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date BRADLEY R. W .P, Defendant ro W f-. C -, J MARY L. KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE, CUSTODY BRADLEY R. KULP, Defendant : NO. 03-6284 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. 3. I understand that I will not be divorced until a decree of divorce is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: ! a 6 vj lp, Plaintiff r? ?.? c, ? _ r _ii : _ ? . -7.'Y W c.: - ? . -I _. Ti _.. _? "?? ?n __ C> MARY L. KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE, CUSTODY BRADLEY R. KULP, Defendant : NO. 03-6284 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. I understand that I will not be divorced until a decree of divorce is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: B?ffdley R.1: e endant 61- C- cC> -n N (T'I- ___ 77 LJ tom: MARY L. KULP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE, CUSTODY BRADLEY R. KULP, . Defendant : NO. 03-6284 CIVIL TERM CERTIFICATE OF SERVICE; I, Anne MacDonald-Fox, hereby certify that on this 13" day of April, 2004, I am serving a true and correct copy of the Plaintiff's and Defendant's Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under 3301(c) of the Divorce Code, Praecipe to Transmit Record, and Divorce Information Sheet on Bradley R. Kulp, residing at 207 South York Street, Apartment B, Mechanicsburg, PA 17055, by first class U.S. mail, postage prepaid. Date Ann a onald-Fox Attorney 727 FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 h> ? `! ?7 'l S-? r ? Trc+ _ -i ... ?: i?}-.J: i. ? ? ). ?? _ _- [? , c .. (V ^(? MARY L. KULP, Plaintiff V. BRADLEY R. KULP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, CUSTODY NO. 03-6284 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: December 9, 2003, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff - April 2, 2004; by the defendant - March 28, 2004. 4. Related claims pending: none. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: April 13, 2004. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: April 13, 2004. DATE: // L/J/,v ARNO"P?DONALD-?QX Attorney # 87727 FAMILY LAW CLINIC 45 NORTH PITT STREET CARLISLE., PA 17013 717-243-2968 !' wi f\j t? r. Ci !irr ? T.. ._r C, iii 7 -':1 'n r; W -; ?? ? ? ?? _ .' ,. `- ..? - ._`:; .:`' i?a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARY L. KULP VERSUS BRADLEY R. KULP No. 03 6284 DECREE IN DIVORCE .)06.y 01 IT IS ORDERED AND AvA v I AND NOW, DECREED THAT AND MARY L. KULP BRADLEY R. KULP ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE ATTEST: J. 6 PROTHONOTARY ,, ,?.•. ?, ? ?? MARY SNYDER f/k/a MARY KULP Plaintiff V. BRADLEY KULP Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003-6284 : CIVIL ACTION -LAW PETITION FOR MODIFICATION OF EXISTING CUSTODY ORDER 1. The Plaintiff is Mary Snyder, f/k/a Mary Kulp, hereinafter referred to as "Mother", who currently resides at 6A North St. Johns Church Road, Shiremanstown, Cumberland County, Pennsylvania. 2. The Defendant is Bradley Kulp, hereinafter referred to as "Father", who currently resides at 45 Westchester Garden, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of Madison Kulp, age four, whose date of birth is October 9, 2002. 4. Mother and Father entered into a Custody Agreement which was entered as an Order on December 5, 2003. 5. Due to recent changes, the current Order is no longer in the minor child's best interest. 6. It would be in the minor child's best interest for the Mother to have primary physical custody of the minor child. WHEREFORE, Plaintiff, Mary Snyder, requests this Honorable Court grant her primary physical custody and shared legal custody of the subject minor child, Madison Kulp. Respectfully Submitted, WdAq &Lq CX Mary Sny er, Plaintiff VERIFICATION I, Mary Snyder, verify that the statements made in the foregoing Petition for Contempt are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date Mary Sny er O 0 "V ?D?1f W r=?: T s MARY SNYDER F/K/A MARY KULP IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-6284 CIVIL ACTION LAW BRADLEY KULP IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 28, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 28, 2007 at 9:30 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/ Hubert X. Gilroy Es q. 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 V,,7 co-, ?Z .C Rd 6Z ? L OZ t_ - • " MARY SNYDER : IN THE COURT OF COMMON PLEAS f/k/a MARY KULP : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . V. : NO.: 2003-6284 BRADLEY KULP CIVIL ACTION -LAW Defendant CUSTODY AGREEMENT ful THIS AGREEMENT, made this q0 .day of 1? 2007, by and between, MARY SNYDER, currently residing at 6A North St Johns Church Road, Cumberland County, Pennsylvania, hereinafter referred to as "MOTHER", and BRADLEY KULP, currently residing at 45 Westchester Garden, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "FATHER", WITNESSETH: WHEREAS, the parties are the Father and Mother of the minor child, MADISON KULP, born October 9, 2002. WHEREAS, MOTHER and FATHER have agreed under the aforementioned circumstances that an agreement as to custody, partial custody and visitation of their child would be in the interest of all. NOW THEREFORE, in consideration of the promises herein, and in pursuance thereof, the parties mutually agree as follows, intending to be legally bound thereby: The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to .t attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Mother shall have primary physical custody of the minor child. 3. Father shall have partial physical custody of the minor child accordance with the following schedule: a. Alternating weekends from Friday at 4:00 p.m. to Sunday at 8:00 p.m. b. On Monday from 4:00 p.m. until Wednesday 8:00 a.m. C. Father shall pick up the child from the childcare provider at the beginning of his custodial period and shall return the child to Mother's house at the end of his custodial period. 4. The above-referenced schedule shall continue through August 24, 2008. As of August 25, 2008, Father shall have partial physical custody of the minor child accordance with the following schedule: a. Alternating weekends from Friday at 4:00 p.m. to Sunday at 8:00 p.m. b. On Wednesday evenings from 4:00 p.m. until 7:30 p.m. Evening periods of custody are subject to child's extracurricular activities and level of school work on these days. C. Father shall pick up the child from the childcare provider at the beginning of his custodial period and shall return the child to Mother's house at the end of his custodial period. d. At all other times that the parties agree. 5. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. Holidays: a. Thanksgiving, in odd-numbered years Father will have the child on Thanksgiving from 8:00 a.m. to 9:00 p.m., alternating with Mother on even- numbered years. b. Christmas, in odd-numbered years Mother will have the child from 12:00 p.m. on December 24 until 10:00 a.m. on December 25 and Father shall have the child from 10:00 a.m. on December 25 until 12:00 p.m on December 26. In even-numbered years Father will have the child from 12:00 p.m. on December 24 until 10:00 a.m. on December 25 and Mother shall have the child from 10:00 a.m. on December 25 until 12:00 p.m on December 26. Major gifts should be discussed and coordinated between the parents. C. Mother will have physical custody of the child on Mother's Day and Father will have physical custody of the child on Father's Day. The times for the ..M Mother's and Father's Day holidays are from 8:00 a.m. until 8:00 p.m. unless otherwise agreed upon by the parties. d. Mother will have custody on odd-numbered years and Father will have custody on even-numbered years for the following holidays from 9:00 a.m. until 8:00 p.m.: Memorial Day holiday; and Labor Day holiday. e. Father will have custody on odd-numbered years and Mother will have custody on even-numbered years for the following holidays from 9:00 a.m. until 8:00 p.m.: Easter holiday and July 4t' holiday. f. Monday holidays such as Martin Luther King Day, President's Day and Columbus Day shall attach to the weekend. The return time is 7:00 p.m. on the holiday. This also will apply to in-service days occurring on Monday. In-service days occurring on Friday will also attach to the weekend and will begin at 8:00 a.m. g- The parties will not deviate from the regular custody schedule because of the child's birthdays. h. The holiday schedule shall take precedence over the regular custody schedule. 6. The parents shall organize ways for their child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular visitation. 7. Toys, clothes, etc. not become matters of contention as these generally are the child's property, not the parents, entitling the toys or clothes to be taken by the child and back with the child, as reasonably appropriate. 8. The parents shall permit and support the child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 9. Each parent shall exercise care in screening babysitting/child care providers. Each parent should have the right of veto over child care providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the child may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 10. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive as well as daily contact via e-mail with the child when in the custody of the other parent. 12. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule; change of school district for the child; or exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety- (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 13. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a No-Conflict Zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. 14. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 15. Father presently maintains health insurance for the child; he shall notify Mother immediately of any changes or anticipated change regarding health insurance within 30 days of said change if known. 16. The parties agree that this Custody Agreement shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year first above written. WITNESS: Ir S4'z?? - M Y S ER BRADLEY KULP WITNESS WIT SS ti cx+ r1l MARY SNYDER Vk/a MARY KULP, Plaintiff v BRADLEY KULP, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-6284 IN CUSTODY COURT ORDER 66?? AND NOW, this a U day of C(?? 2007, the Conciliator being advised the parties have reached an agreement, the Conciliation Conference is cancelled and the Conciliator relinquishes jurisdiction. ?1- V Hubert X. Gilroy, squire Custody Concili or t ?? _i ? ? ---? --? ? ` ?? ?. ?: _... ?, ?,;; ? ? ?" :'a? :: ?. - ? --c SEP 872001x'1 MARY SNYDER : IN THE COURT OF COMMON PLEAS Vk/a MARY KULP : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.: 2003-6284 BRADLEY KULP CIVIL ACTION -LAW Defendant ORDER OF COURT AND NOW, this day of INV^ , 2007, the plaintiff (hereinafter "Mother") and the defendant (hereinafter "Father"), having reached an agreement regarding custody and the best interests and welfare of their minor child, it is hereby ORDERED AND DECREED as follows: 1. Legal Custody: The parties will share joint legal custody of Madison Kulp, DOB: October 9, 2002. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school . . 1 program, advancing or holding the child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Mother shall have primary physical custody of the minor child. 3. Father shall have partial physical custody of the minor child accordance with the following schedule: a. Alternating weekends from Friday at 4:00 p.m. to Sunday at 8:00 p.m. b. On Monday from 4:00 p.m. until Wednesday 8:00 a.m. C. Father shall pick up the child from the childcare provider at the beginning of his custodial period and shall return the child to Mother's house at the end of his custodial period. 4. The above-referenced schedule shall continue through August 24, 2008. As of August 25, 2008, Father shall have partial physical custody of the minor child accordance with the following schedule: a. Alternating weekends from Friday at 4:00 p.m. to Sunday at 8:00 p.m. b. On Wednesday evenings from 4:00 p.m. until 7:30 p.m. Evening periods of custody is subject to child's extracurricular activities and level of school work on these days. C. Father shall pick up the child from the childcare provider at the beginning of his custodial period and shall return the child to Mother's house at the end of his custodial period. d. At all other times that the parties agree. 5. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 5. Holidays: a. Thanksgiving, in odd-numbered years Father will have the child on Thanksgiving from 8:00 a.m. to 9:00 p.m., alternating with Mother on even- numbered years. b. Christmas, in odd-numbered years Mother will have the child from 12:00 p.m. on December 24 until 10:00 a.m. on December 25 and Father shall have the child from 10:00 a.m. on December 25 until 12:00 p.m on December 26. In even-numbered years Father will have the child from 12:00 p.m. on December 24 until 10:00 a.m. on December 25 and Mother shall have the child from 10:00 a.m. on December 25 until 12:00 p.m on December 26. Major gifts should be discussed and coordinated between the parents. C. Mother will have physical custody of the child on Mother's Day and Father will have physical custody of the child on Father's Day. The times for the Mother's and Father's Day holidays are from 8:00 a.m. until 8:00 p.m. unless otherwise agreed upon by the parties. d. Mother will have custody on odd-numbered years and Father will have custody on even-numbered years for the following holidays from 9:00 a.m. until 8:00 p.m.: Memorial Day holiday; and Labor Day holiday. e. Father will have custody on odd-numbered years and Mother will have custody on even-numbered years for the following holidays from 9:00 a.m. until 8:00 p.m.: Easter holiday and July 4th holiday. f. Monday holidays such as Martin Luther King Day, President's Day and Columbus Day shall attach to the weekend. The return time is 7:00 p.m. on the holiday. This also will apply to in-service days occurring on Monday. In-service days occurring on Friday will also attach to the weekend and will begin at 8:00 a.m. g. The parties will not deviate from the regular custody schedule because of the child's birthdays. h. The holiday schedule shall take precedence over the regular custody schedule. 6. The parents shall organize ways for their child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular visitation. 7. Toys, clothes, etc. not become matters of contention as these generally are the child's property, not the parents, entitling the toys or clothes to be taken by the child and back with the child, as reasonably appropriate. 8. The parents shall permit and support the child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. 9. Each parent shall exercise care in screening babysitting/child care providers. Each parent should have the right of veto over child care providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the child may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 10. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 11. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive as well as daily contact via e-mail with the child when in the custody of the other parent. 12. Neither parent shall permanently relocate if the relocations would necessitate a change in the visitation schedule; change of school district for the child; or exceed a fifty (50) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety- (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 13. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a No-Conflict Zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. 14. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. 15. Father presently maintains health insurance for the child; he shall notify Mother immediately of any changes or anticipated change regarding health insurance within 30 days of said change if known. BY THE COURT: J. :w F J I - 11:1'0 LOJZ