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HomeMy WebLinkAbout08-2165are IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA STEPHANIE N. MYERS, Civil Action At Law---Custody Plaintiff, Case No. 08- VS. THOMAS M. MCCUTCHEON, JR., Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff is Stephanie N. Myers., residing at 129 South Chestnut Street, Mechanicsburg, PA. 17055. County of Cumberland, Commonwealth of Pennsylvania, 2. The defendant is Thomas M. McCutcheon, Jr.., currently residing at 308 North Keystone St. 1V Wr, Pennsylvania 17957. 3. Plaintiff seeks custody of the following child: Name Address Are Jordon R. McCutcheon, Jr. same as mother's 12/16/2007 3 months 4. The child was born outside of wedlock. 3. 5. The child is presently in the custody of Stephanie N. Myers, 129 South Chestnut Street, Mechanicsburg, PA. 17055. County of Cumberland, Commonwealth of Pennsylvania, 4. Since the child's birth the child has resided with the mother at 129 South Chestnut Street, Mechanicsburg, PA. 17055. County of Cumberland, Commonwealth of Pennsylvania, 5. The biological mother of the child is Stephanie N. Myers, currently residing 129 South Chestnut Street, Mechanicsburg, PA. 17055. County of Cumberland, Commonwealth of Pennsylvania. 8. The mother is separated from he father, and defendant and remains unmarried to the same. 6. The father of the child is Thomas M. McCutcheon, Jr. and is currently residing at 308 North Keystone St. Mair, Pennsylvania 17957. 10. The father is separated and remains unmarried to the biological mother. 11. The relationship of the plaintiff to the child is that of a biological Mother. The Plaintiff currently resides with the following persons: Name Relationship Duane Myers Father Brenda Myers Mother 13. The plaintiff has no other information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 14. 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. 15. The best interest and permanent welfare of the child will be served by Granting the relief requested because: (a) The child currently resides with their mother wherein she, the mother, has been the primary caretaker and caregiver to the child since the child's birth. (b) The child is within an environment within which he feels a sense of comfort, permanency, and familiarity. (c) The child also has his maternal grandparents living within the same household who have also served to foster and maintain a familial relationship with the child. (d) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle for which, the child have become accustomed and which will be in the best interest of the child during his formative years and throughout his life. WHEREFORE, Plaintiff, Stephanie N. Myers, respectfully requests for the aforementioned reasons, that the court grant and award her Primary Physical custody of the child Jordon R. McCutcheon for the reasons as recited herein. Respectfully Submitted, Gregory S. 7 >Yest Main Street Mechanicsburg, PA. 17055 Phone: (717) 790-0490 VERIFICATION I verify that the statements made in this Complaint 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 falsification to authorities Date: q 4 tep anie N. Myers, Pla' ff c (TA g a SS?? Od z r _ Fn co STEPHANIE N. MYERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-2165 CIVIL ACTION LAW THOMAS M. MCCUTCHEON, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, April 14, 2008 , 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 Thursday, May 22, 2008 _ 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. 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 J-jfU c? 1--f--3-:)lr7 ' "Z) . O?aq- S?k -- X Vi i\fVNLV,3,N N3 d 9 Z =Z Wd ? 18dv Root IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, IN THE COMMONWEALTH OF PENNSYLVANIA STEPHANIE N. MYERS, Plaintiff, V. No. 2008-2165 Civil Action - Custody THOMAS M. MCCUTCHEON, JR., Defendant STIPULATION FOR F,NTRV OF AN AGREED ORDER OF C.'ITSTODV THIS STIPULATION AND AGREEMENT entered into this C2j , day of 2008, by and between STEPHANIE N. MYERS, (hereinafter referred to as ("Mother") and THOMAS M. MCCUTCHEON JR.. (hereinafter referred to as " Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, known by the name of JORDON R. MCCUTCHEON, (hereinafter referred to as "Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The Mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The Father shall have PARTIAL PHYSICAL CUSTODY of the child subject to the conditions and limitations described hereinafter. 3. The parties shall have SHARED LEGAL CUSTODY of the minor child. 4. Father shall have Partial Physical Custody of the child consisting of the following:: 5. Father shall have custody of the child every other weekend commencing on Friday at 8:00 A.M and ending on Sunday at 8:00 A.M.. 6. Father shall have custody of the child on Tuesday of every week commencing at 8:00 A.M and ending at 4:00 P.M of the same day. 7. Mother shall have custody at all other days and times that the child is not in the custody of father as enumerated above. 8. The parties shall share all holidays as they may agree and as their schedules shall allow. 9. The father shall have custody of the child on father's day for the entire day which father shall enjoy regardless of what weekend if any it may fall upon. 10. The mother shall have custody of the child on mother's day for the entire day which mother shall enjoy regardless of what weekend if any it may fall upon. 11. Father's periods of custody as described above shall not begin until he submits proof by way of a Certification of Completion or its equivalent that he successfully completed parenting classes with an approved organization that provides such services. 12. The party receiving custody of the child shall provide transportation relative to the custody exchanges except to the extent that Father relocates a distance of twenty-five (25) miles or more in radius from the place of mother's residence in which case father shall provide all forms of transportation relative to his periods of custody with the child. 13. The parties shall have reasonable telephone contact with the child during the other parties' periods of physical custody or partial custody as the case may be. (a) Neither parry will remove the child from the Commonwealth of Pennsylvania without the express consent from the other parent. Provided consent is given each party shall provide to the other the name, address, and telephone number(s) where the parent shall be staying while outside of the Commonwealth of Pennsylvania in case of an emergency. (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (c) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither parry shall restrict the other parry's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the parry agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (d) The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. Dated:/v/2:?/0- // GREGORY S. HAZLETT, 7 West Main Street uire Mechanicsburg, PA. 17055 Phone: (717) 790-5500 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, se orth their hands and seals the day and herein set forth. a 'A d2 - Stepha ie N. Myers COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on thiwk day of, , 2008 personally appeared before me the Subscriber, a Notary Public for the tate and County aforesaid, Stephanie N. Myers, party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. COMMONWEALTH OF PENNSYLVANIA Sworn to and subscribed before me the day month and year afore aid NOTARIAL SEAL STEPHANIE NEBL, Notary Public Camp Hill Boro, Cumberland Cpl Corm ission Expires Jan. 25, 2011 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth the' hands and seals the day and year herein set forth. f homas M. McCuthcheon, Jr. COMMONWEA TH OF PENNSYLVANIA : s.s. COUNTY OF ?j,t ruLV-J-1a t- BE IT REMEMBERED, that on this2?, day of, 2008, personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Thomas M. McCutcheon, Jr. party to this Agreement, known to me personally to be such, and he acknowledged the act of signing this Agreement ar aforesaid Sworn to and subscribed before me the day, mont d year f ` I COMMONWEALTH PE NSYLVANIA otary P b is NOTA SEAL STEPHANIE NEBL, Notary Public Camp Hill Soro, Cumberland County my Convossion Expires Jan. 25, 2011 ? <'. i'" "?"' ,.._ 'i`1 .._{ r? _`.. ?` J ?w5 ' +.,. ?.. '-?f., 3 APR 8 $200811 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, IN THE COMMONWEALTH OF PENNSYLVANIA STEPHANIE N. MYERS, Plaintiff, V. THOMAS M. MCCUTCHEON, JR., Defendant No. 2008-2165 Civil Action - Custody ORDER OF COURT AND NOW, this 36 day of /kr 2008, upon presentation of 11 the foregoing Stipulation For Entry of an Agreed Order of Custody, entered into on the 22°d day of April, 2008 by and between STEPHANIE N. MYERS, (hereinafter referred to as "Mother") and THOMAS M. MCCUTCHEON,JR. (hereinafter referred to as "Father") as to the Custody of JORDON R. MCCUTCHON, (hereinafter referred to as "Child") it is hereby Ordered that this Agreement shall be entered as an ORDER OF COURT, replacing any and all other prior agreements and/or Orders entered heretofore. IT IS FURTHER ORDERED THAT: 1. The Mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The Father shall have PARTIAL PHYSICAL CUSTODY of the child subject to the conditions and limitations described hereinafter. 3. The parties shall have SHARED LEGAL CUSTODY of the minor child. 4. Father shall have Partial Physical Custody of the child consisting of the following:: 4. Father shall have Partial Physical Custody of the child consisting of the following:: 5. Father shall have custody of the child every other weekend commencing on Friday at 8:00 A.M and ending on Sunday at 8:00 A.M.. 6. Father shall have custody of the child on Tuesday of every week commencing at 8:00 A.M and ending at 4:00 P.M of the same day. 7. Mother shall have custody at all other days and times that the child is not in the custody of father as enumerated above. 8. The parties shall share all holidays as they may agree and as their schedules shall allow. 9. The father shall have custody of the child on father's day for the entire day which father shall enjoy regardless of what weekend if any it may fall upon. 10. The mother shall have custody of the child on mother's day for the entire day which mother shall enjoy regardless of what weekend if any it may fall upon. 11. Father's periods of custody as described above shall not begin until he submits proof by way of a Certification of Completion or its equivalent that he successfully completed parenting classes with an approved organization that provides such services. 12. The party receiving custody of the child shall provide transportation relative to the custody exchanges except to the extent that Father relocates a distance of twenty-five (25) miles or more in radius from the place of mother's residence in which case father shall provide all forms of transportation relative to his periods of custody with the child. 12. The parties shall have reasonable telephone contact with the child during the other parties' periods of physical custody or partial custody as the case may be. (e) Neither party will remove the child from the Commonwealth of Pennsylvania without the express consent from the other parent. Provided consent is given each party shall provide to the other the name, address, and telephone number(s) where the parent shall be staying while outside of the Commonwealth of Pennsylvania in case of an emergency. (f) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (g) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither parry shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (h) The parties accept this agreement in lieu of their appearance before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. I ?lZ?jy ? ?trd lkd v i "s. u VAYf1rW' STEPHANIE N. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2165 CIVIL ACTION - LAW THOMAS M. MCCUTCHEON, JR., : Defendant IN CUSTODY ORDER rr AND NOW, this37 day of May, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X.,Oilroy, Esquire ca ?` p '?! Q7 ?} (.,? .:' ??.' ?r .?" ? ? "f' .m "?.? .• .C` .? MAY 0 8 2009eA STEPHANIE N. MYERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. THOMAS M. MCCUTCHEON, JR., Defendant PRIOR JUDGE: Edward E. Guido : CIVIL ACTION - LAW NO. 2008-2165 IN CUSTODY COURT ORDER AND NOW, this (• day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This court's order of April 30, 2008, a copy of which is attached hereto and marked exhibit `A', is affirmed and ratified subject to the modification that paragraph 11 of the order is eliminated. 2. The father shall start weekend custody with the minor child consistent with paragraph 5 of the prior order on Friday, May 15, 2009, at 8:00 a.m. The Tuesday weekday visitations shall commence on Tuesday, May 19, 2009. In all other respects, the court's prior order shall remain in effect. cc: P?CrTbEomas O M. McCutcheon •? Stephanie N. Myers ? r. Thomas M. McCutcheon, Jr. J Judge Edward E. Guido -J tii r J-y'e no 'Zi Hd V 1 ),VW 609z YJ.CN,I,irli0i:; '?-yj 3f1,-u jU STEPHANIE N. MYERS, Plaintiff vs. THOMAS M. MCCUTCHEON, JR., Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-2165 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: This case came before the conciliator in conjunction with a related case filed at Docket No. 2009-1817. Present at a May 7, 2009 conciliation were the mother, Stephanie N. Myers, the father, Thomas M. McCutcheon, and the paternal grandfather, Thomas M. McCutcheon. All parties appeared without counsel. 2. It was learned during the conciliation that the parties reconciled after the existing April 30, 2008 order and lived together for a number of months during which time the father did provide care for the minor child. However, the parties have again separated and the mother suggests she is not willing to allow the father to enjoy custody under the visitation schedule from the April 30, 2008 order because the father did not complete the requirements of paragraph 11 of the order which required the father to get some parenting classes. However, in light of the reconciliation of the parties and during which the father did provide care for the child, the conciliator believes that paragraph 11 is no longer needed and the conciliator recommends an order in the form as attached. Date: ?, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, IN THE COMMONWEALTH OF PENNSYLVANIA STEPHANIE N. MYERS, : Plaintiff, V. No. 200&2165 THOMAS M. MCCUTCHEON, JR., Defendant Civil Action - Custody STIPITI.ATION FOR F,NTRV OF AN AGREED ORDER OF CTTSTODV THIS STIPULATION AND AGREEMENT entered into this C2r? A/ day of 2008, by and between STEPHANIE N. MYERS, (hereinafter referred to as ("Mother") and THOMAS M. MCCUTCHEON JR. (hereinafter referred to as" Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, known by the name of JORDON R. MCCUTCHEON, (hereinafter referred to as "Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. EXHIBIT E 1. The Mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The Father shall have PARTIAL PHYSICAL CUSTODY of the child subject to the conditions and limitations described hereinafter. 3. The parties shall have SHARED LEGAL CUSTODY of the minor child. 4. Father shall have Partial Physical Custody of the child consisting of the following:: 5. Father shall have custody of the child every other weekend commencing on Friday at 8:00 A.M and ending on Sunday at 8:00 A.M.. 6. Father shall have custody of the child on Tuesday of every week commencing at 8:00 A.M and ending at 4:00 P.M of the same day. 7. Mother shall have custody at all other days and times that the child is not in the custody of father as enumerated above. 8. The parties shall share all holidays as they may agree and as their schedules shall allow. 9. The father shall have custody of the child on father's day for the entire day which father shall enjoy regardless of what weekend if any it may fall upon. 10. The mother shall have custody of the child on mother's day for the entire day which mother shall enjoy regardless of what weekend if any it may fall upon. 11. Father's periods of custody as described above shall not begin until he submits proof by way of a Certification of Completion or its equivalent that he successfully completed parenting classes with an approved organization that provides such services. 12. The party receiving custody of the child shall provide transportation relative to the custody exchanges except to the extent that Father relocates a distance of twenty-five (25) miles or more in radius from the place of mother's residence in which case father shall provide all forms of transportation relative to his periods of custody with the child. 13. The parties shall have reasonable telephone contact with the child during the other parties' periods of physical custody or partial custody as the case may be. (a) Neither party will remove the child from the Commonwealth of Pennsylvania without the express consent from the other parent. Provided consent is given each party shall provide to the other the name, address, and telephone number(s) where the parent shall be staying while outside of the Commonwealth of Pennsylvania in case of an emergency. (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (c) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (d) The parties memorialize their acceptance of this agreement, and intending to be legally bound by the terms of this agreement affix their signatures hereunder. Dated: GREGORY S. HAZLETT, 7 yl/est Main Street Mechanicsburg, PA. 17055 Phone: (717) 790-5500 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, orth their hands and seals the day an ear herein set forth. Stepp ie N. Myers COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on thiwk day of,? , 2008 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Stephanie N. Myers, party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. C 91 PCmI m- Sworn to and subscribed before me the day month and year afo 'd IMNL SEAL WEPHAW N€!l1., Notary Pt"c Cam W it m, CWWWdmd 0001 wobft Eakns JWL 25, M IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth the' hands and seals the day and year herein set forth. 931L A- omas M. M u cheon, Jr. COMMONWEALTH OF PENNSYLVANIA : s.s. COUNTY OF Ai.m z1o k, BE IT REMEMBERED, that on thisiol2?, day of, Atyll 2008, personally appeared before me the Subscriber, a Notary Public for the State afid County aforesaid, Thomas M. McCutcheon, Jr. party to this Agreement, known to me personally to be such, and he acknowledged the act of signing this Agreement Sworn to and subscribed before me the day, m:Ad year aforesaid RE KAL Obs S1EPHA NE NMI Notary!Co?w.?? C"M savE?t?i?+sC Jo. , X11 ?, - -; r ? , ?.-, ? - ? ?. ;.: Y..1 ?~ ? ?..'' [ .. ` ?'"` r .. Y? ? ?? r. ?• ?: ` i:r, , ?a:5 ?, 3 AR 2 # 2010i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, IN THE COMMONWEALTH OF PENNSYLVANIA STEPHANIE N. MYERS, Plaintiff, V. THOMAS M. MCCUTCHEON, JR., Defendant No. 2005-2165 Civil Action - Custody ORDER OF COURT AAA AND NOW, this day of , 2008, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, entered into on the 22"d day of April, 2008 by and between STEPHANIE N. MYERS, (hereinafter referred to as "Mother") and THOMAS M. MCCUTCHEON,JR. (hereinafter referred to as "Father") as to the Custody of JORDON R. MCCUTCHON, (hereinafter referred to as "Child") it is hereby Ordered that this Agreement shall be entered as an ORDER OF COURT, replacing any and all other prior agreements and/or Orders entered heretofore. IT IS FURTHER ORDERED THAT: 1. The Mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The Father shall have PARTIAL PHYSICAL CUSTODY of the child subject to the conditions and limitations described hereinafter. 3. The parties shall have SHARED LEGAL CUSTODY of the minor child. 4. Father shall have Partial Physical Custody of the child consisting of the following:: 4. Father shall have Partial Physical Custody of the child consisting of the following:: 5. Father shall have custody of the child every other weekend commencing on Friday at 8:00 A.M and ending on Sunday at 8:00 A.M.. 6. Father shall have custody of the child on Tuesday of every week commencing at 8:00 A.M and ending at 4:00 P.M of the same day. 7. Mother shall have custody at all other days and times that the child is not in the custody of father as enumerated above. 8. The parties shall share all holidays as they may agree and as their schedules shall allow. 9. The father shall have custody of the child on father's day for the entire day which father shall enjoy regardless of what weekend if any it may fall upon. 10. The mother shall have custody of the child on mother's day for the entire day which mother shall enjoy regardless of what weekend if any it may fall upon. 11. Father's periods of custody as described above shall not begin until he submits proof by way of a Certification of Completion or its equivalent that he successfully completed parenting classes with an approved organization that provides such services. 12. The party receiving custody of the child shall provide transportation relative to the custody exchanges except to the extent that Father relocates a distance of twenty-five (25) miles or more in radius from the place of mother's residence in which case father shall provide all forms of transportation relative to his periods of custody with the child. 12. The parties shall have reasonable telephone contact with the child during the other parties' periods of physical custody or partial custody as the case may be. (e) Neither party will remove the child from the Commonwealth of Pennsylvania without the express consent from the other parent. Provided consent is given each party shall provide to the other the name, address, and telephone number(s) where the parent shall be staying while outside of the Commonwealth of Pennsylvania in case of an emergency. (f) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (g) The parties can agree to expand the levels of custody beyond what is provided within the framework of this agreement as they may mutually agree from time to time. Neither party shall restrict the other party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody, than provided within this agreement the party agreeing to less custody shall be entitled to rescind, such agreement at any time after consent has been given and insist that the terms, conditions, and restrictions contained within this agreement as to periods of custody be enforced as they are presented within the agreement. (h) The parties accept this agreement in lieu of their appearance before the court for the presentation of this stipulation and its incorporation as an order. The parties further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and should either party desire further or require further modification of said Order. J. -ftlzT'V Atfid - vt -fl 1 *60 ? JRP `' ` /? nA .rlR1 !?`"•I"?? fit-. f?r? '-S :Z Wd OE 88v 9OOZ Wm; S?at?h l.i _ sy rri STEPHANIE N. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-2165 CIVIL ACTION - LAW THOMAS M. MCCUTCHEON, JR., : Defendant : IN CUSTODY -4y ORDE AND NOW, this day of May, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. ffilroy, Esquire ?i 1 r' ?, ..,, ,...