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HomeMy WebLinkAbout04-0858 I .11 I . -' ~ \ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. D L{ ~ ~!1g NELSON CHAMBERS, PlaintiH/Petitioner, . . SUZIE L. KOVALlCK : CIVIL ACTION - LAW Defendant/Respondent: CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the PlaintlH. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 , ' . " . ... . NELSON CHAMBERS, Plaintiff/Petitioner, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : No. . . SUZIE L. KOVALlCK : CIVIL ACTION - LAW Defendant/Respondent: CUSTODY NOTICIA Le han demandado a usted en la corte. SI usted quiere defenderse de estas demand as expuestas en las paglnas slgulentes, usted tlene viente (20) dlas de pla%o al partir de la fecha de la demanda y la notlflcaclon. Usted debe presentar una aparlencla escrita 0 en persona 0 por abogado y archlvar en la corte en forma escrlta sus defensas 0 sus obleclones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medldas y puede entrar una orden contra usted sin prevlo aviso 0 notiflcacion y por cualquier quela 0 alivio que es pedido en la petlcion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros detechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 51 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 . r. . ,. . NELSON CHAMBERS, Plaintiff/Petitioner, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : : No. (J '-/ - f!/ Y . . SUZIE L. KOVALlCK : CIVIL ACTION - LAW Defendant/Respondent: CUSTODY COMPLAINT FOR CUSTODY AND NOW comes Plaintiff Nelson Chambers, by and through his attorneys, Rupp and Meikle and Richard C. Rupp, Esquire, who avers the following: 1. Plaintiff Nelson Chambers (Father) is an adult individual who currently resides at 4 Edgewood Drive, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant Suzie L. Kovalick (Mother) is an adult individual who currently resides at 4 Edgewood Drive, Mechanicsburg, Cumberland County, PA 17055. 3. Mother and Father are the natural parents of one minor child: A. Calvin D. Chambers, born 9/9/2000. 4. With respect to the minor child Calvin D. Chambers, said child was born out of wedlock. 5. For the last three years, the children have resided with the following persons at the following addresses: A. Date of birth - 9/9/00 - 4/2002 - at 6635 Evelyn Street, Apt. C-16, Harrisburg, PA 17110 with both parents. B. 4/2002 - 6/2003 - at 4 Edgewood Drive, Mechanicsburg, PA, with Mother. , ") . . . . ,. ~ C. 6{2003 - Present - with both parents D. Also, from 4{2002 - 6{2003 - with Father at 295 Locust Point Road, New Kingstown, PA 17072 6. The parties have not participated as a party or witness or in any other capacity in any other litigation regarding the custody of the child in Pennsylvania and there are no Court Orders from any other Court or any other jurisdiction. 7. Father does not know of any persons not a party to the proceedings who has physical custody of the minor child or claims to have custodial or visitation rights with respect to the minor child. 8. Since the parties separated, the parties have essentially and for all practical purposes, shared the custody of their minor child on a 50{50 basis. 9. The Father submits that It is In the best Interests and permanent welfare of the minor child shall be served by granting the parties shared legal custody of the minor child granting the parties shared physical custody of the minor child. 10. The parties have agreed to a Stipulation Agreement for the custody of their minor child, which Is attached hereto and incorporated herein. WHEREAS, the parties request this Honorable Court to enter an Order adopting the parties' Stipulation Agreement as the Custody Order for both parties. 2 . " . .. 4 WHEREFORE, the Plaintiff, the Father, respectfully requests this Honorable Court to enter an Order granting shared legal and shared physical custody between the Plaintiff and the Defendant and granting the Plaintiff, the Father, shared physical custody of his minor child. RESPECTFULLY SUBMITTED, RUPP AND MEIKLE By: /~<hanl C. t, Es .1,. Atty. I. D. No. 34832 355 N. 21" St., Ste. 205 Camp Hili, PA 17011 717-761-3459 Attorneys for Plaintiff 3 . " . VERIFICATION I, Nelson Chambers, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. Ii 4904 relating to unsworn falsification to authorities. ~~~ NELSON CHAMBERS, PlaintiH Date: ~';b-o'l 4 . " " . NELSON CHAMBERS, Plaintift/Petitioner, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. SUSIE L. KOVALlCK : CIVIL ACTION - LAW Defendant/Respondent: CUSTODY AGREEMENT AND STIPULATION AS TO CUSTODY OF MINOR CHILDREN AND NOW come the parties above who have readied this written Agreement for custody of their minor son, as follows: WHEREAS, the Plalntift is Nelson Chambers, an adult individual who resides at 4 Edgewood Drive, Mechanlcsburg, Cumberland County, Pennsylvania. WHEREAS, the Defendant is Susie L. Kovalick, an adult individual who resides at 4 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, the minor child of both parties is Calvin D. Chambers, whose date of birth is 9/9/00. WHEREAS the parties have shared legal and physical custody of their minor child, Calvin. WHEREAS, THE PARTIES, Nelson Chambers, Plaintift (hereinafter referred to as "Father") , and Susie L. Kovalick, Defendant (hereinafter referred to as "Mother"), have amicably resolved to their mutual satisfaction .. . . 'J _ , . the issues of custody and visitation regarding their minor child, Calvin, and do hereby stipulate that the following is the substance of their agreement for custody and visitation of their minor child at the present time until modified by subsequent agreement or court order. NOW THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS: I. LEGAL CUSTODY (a) Custody of minor child, Calvin, shall be with Mother for the school year and the summer shall be with Father, until the child attains eight (8) years of age. (b) Upon attaining eight (8) years of age, custody of the said minor child shall be with the Father for the school year and the summer shall be with the Mother, until the child attains twelve (12) years of age. ( c ) Upon attaining twelve (12) years of age, custody of the said minor child shall be with the Mother for the school year and the summer shall be with the Father, until the child attains fifteen (15) years of age. (d) Upon attaining fifteen (15) years of age, custody of the said minor child shall be with the Father for the school year and the summer shall be with the Mother. (e) The parties shall mutually cooperate and agree as to the details of how to switch custody in order to effectuate this Agreement in the 2 ... .. - . '. II applicable school years. (f) Beginning in the year 2003, Mother shall have custody of said minor child for the Christmas break and in the year 2004, Father shall have custody of said minor child for the spring break. Thereafter, parties will alternate said Christmas and spring breaks in the succeeding years. (g) If the parties reside in the same state or in a nearby vicinity, the parent who does not have custody shall have visitation every other weekend with said minor child. (h) The parties hereby agree that if both parents, Nelson Chambers and Susie L. Kovalick, are deceased, then the parties desire and request this Honorable Court to appoint Susie's mother, Teresita A. Kovalick, of 4 Edgewood Drive, Mechanicsburg, PA, to be the Guardian of their minor child. (i) The parties shall cooperate to share holiday time with their minor child. (j) Each party is permi"ed to have liberal contact by telephone or visitation with the child while the child is in the other party's custody because of the loving relationship both parties have established with their minor child. 3 ... . . .... .. '. .. .. ). ... The parties hereto, intending to be legally bound hereby, that this Stipulation Agreement is entered between the parties and is understood by the parties that an Order of Court indicating the same shall be sought, have vOlun~:;p si~ed this Stipulation below, on this ~ay of Q 0 ,2003. ~~ NELSON CHAMBERS, Father . ~~l ;J t{joJ~/l SUSIE L. KOVALlCK, Mother 4 ,//~ "- \.-- ~ ,-... :'.') -,OJ .) .~ (-\ ~ ~'" 1'<:-. ;:~ ~ R \) -\:, ,) '- ''\ ,. ~ '., C-J "'\1 'Z. ^'..' .s-, c-_-,"" -'.:) "Z "':c---, --~ - . . , , .... ._J v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. oL/-- 8S~ \1./ NELSON CHAMBERS, Plaintiff/Petitioner, . . SUSIE L. KOVALlCK : CIVIL ACTION - LAW Defendant/Respondent: CUSTODY ORDER OF COURT IT IS HEREBY ORDERED AND DECREED: AND NOW, this 2 -:! day of ,.",.,.;. , 2004, upon Complaint of Plaintiff with aHachment of parties' Stipulation Agreement, the aHached Stipulation Agreement of the parties for the custody of their minor child is hereby adopted as an Order of this Court. BY THE COURT: J. ~1 t ~~~ Cl .. ; ~ All!.. I ~ \J . l, ... I V1N\f^lASNN3d I "Inn') n'.I'iI"l,).Qpl^ln'" I\.l..l"oi ,~c .' \ ..... ,.1 ....; C I :6 WV 8- l.lVlmOZ ^lNlOI\OH.!a:ld3H1 :10 ::lCJI:I:lo:-G31H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION BOSCOV'S DEPARTMENT STORE, INC.: ( ) Confessed Judgment (X) Other DISTRICT JUSTICE vs. PAULA A. GAFFNEY 303 HIGH STREET SUMMERDALE, PA 17093 Defendant File No. 05-858 Amount Due $3128.69 Interest FROM 05/17/05 Atty's Corrnn Costs Total COMMERCE BANK 65 ASHLAND AVENUE CARLISLE, PA 17013 Garnishee TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue Writ of Execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs upon the following described property of the defendant (s) LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee (s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant (s) in the possession, custody or control of the said garnishee (s) . (Indicate) Index this writ against ~. e;/ll(V<::- Signature: Q-Vk I Arthur M. Feld, Esquire 1309 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 770-0292 ID No. #07172 .~ DATE: l e. -r ~ ~ -lQ. rtt -- ~ "l () () () --- (,0 ~ Ei' ~ t'- ~ ';S r- /' ~ -- t: -.() ~ c; tJ kf ~ ,..... -.t9. ~ lu .\.J ....... ........ -.). <l h 9v V) ~ (> tr) () V'! I I I '" ~ C) C~::J (J P ~..~ ~';;J -11 <.:..f-' ~--I , -T-' , , hi , i-~ -- r;y- C~.) , , "" - ... - . r.....) (3-, r'\,,) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-858 Civil CIVIL ACTION ~ LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BOSCOV'S DEPARTMENT STORE, INC., Plaintiff (s) From PAULA A. GAFFNEY, 303 HIGH STREET, SUMMERDALE, PA 17093 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON DEFENDANT/S HOUSEHOLD GOODS AND PERSONAL PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of COMMERCE BANK, 65 ASHLAND AVENUE, CARLISLE, P A 17013 GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee. you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3128.69 Interest FROM 5/17/05 L.L. $.50 Atty's Comm % Atty Paid $37.25 Plaintiff Paid Date: MAY 18, 2005 Due Pro thy $1.00 Other Costs CURTIS R. LONG (Seal) prothon~ p ~ '-!!J: (l~ . /? & L. r--- Deputy REQUESTING PARTY: Name ARTHUR M. FELD, ESQUIRE Address: 1309 BRIDGE STREET NEW CUMBERLAND, P A 17070 Attorney for: PLAINTIFF Telephone: 717-770-0292 Supreme Court ID No. 07172 NELSON CHAMBERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-858 SUSIE 1. KOV ALICK, Defendant CIVIL ACTION- LAW CUSTODY AMENDED AGREEMENT AND STIPULATION FOR CUSTODY AND NOW come the parties above who have stipulated to this written Agreement for custody of their minor son, as follows: WHEREAS, the Plaintiff is Nelson Chambers, an adult individual who resides at 50 Joan Drive, York Haven, York County, Pennsylvania; WHEREAS, the Defendant is Susie 1. Kovalick, an adult individual who resides at 4 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the minor child of both parties is Calvin D. Chambers, whose date of birth is September 9, 2000; WHEREAS, the parties have shared legal and physical custody of their minor child, Calvin; WHEREAS, the parties, who have an existing Agreement and Stipulation in effect, dated August 27, 2004 (but not reduced to a Court Order), have amicably agreed to change said Agreement and Stipulation to a new arrangement which is to their mutual satisfaction and they believe in the best interests of their rninor child, Calvin, as they pertain to the issues of custody and visitation regarding the minor child, Calvin, and do hereby stipulate and agree to enter as a Court Order, that the following is the substance oftheir Amended Agreement and Stipulation for Custody and Visitation of their minor child at the present time until modified by such an agreement or Court Order. NOW, THEREFORE, the parties stipulate and agree that the prior Agreement and Stipulation for Custody of Minor Child is hereby cancelled by the parties and is hereby replaced by this Amended Stipulation and Agreement for Custody, as follows: L LEGAL CUSTODY 1. That parties shall share legal custody on an equal basis between the Mother and Father. All decisions affecting the child's growth and development including, but not limited to, special schools and/or instruction; choice of summer camp, if any; choice of day care provider; all necessary medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; public or private school education, whether secular and religious; scholastic athletic pursuits and other extracurricular activities; shall all be considered major decisions and shall be made jointly by the parents of said minor child. All references herein to a child shall relate to the parties' minor child. 2. Custody of minor child, Calvin, shall be on an equally shared basis with the Mother and the Father such that the parties shall continue to alte:rnate their weeks of custody with their minor child, Calvin, which began the week commencing September 1, 2004 when Mother had custody of the minor child. 3. Each party agrees to keep the other informed ofthe progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the concerns ofthe other for the physical and emotional well being ofthe child. 4. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule to follow and to encourage him to participate in the custody plan until otheIWise modified. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern or inte:rest to the other parent. 7. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neitller parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 8. With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other parent of the emergency and consult with himlher as soon as possible. Day-to-day decisions of a routine nature including those relating to medial care shall be the responsibility of the parent having physical custody at the time. 9. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be notified regarding any emergency or to be contacted regarding school events. Mother shall provide Father with copies of report cards and all notifications of major school events, sports events, and non-school events. 10. Neither parent shall schedule activities or appointments for the child which would require his attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody ofthe other parent without that parent's express prior approval. 11. The parties agree that as long as one party resides in the Mechanicsburg School District, Calvin shall be registered in and continue his education in that school district. This paragraph shall be void in the event neither party resides in said school district and the parties shall then agree upon the school district which Calvin shall attend. II. PHYSICAL CUSTODY 1. The parties shall continue to alternate their custody of their minor child, Calvin, on such a weekly schedule with the week being defined as Sunday at 6:00 p.m. through the following Sunday at 6:00 p.m. Mother's first week began on September 1, 2004. Father's first week began on Monday, September 6, 2004. 2. Said alternating weekly schedule shall continue through both the school year and the summer months with this alternating weekly schedule between the parents. 3. The parties shall mutually cooperate and agree as to the details of how to switch custody in order to effectuate this Agreement in the applicable school years. 4. Calvin's Birthday. Vacations. Father's Day and Mother's Day: The parties shall cooperate and share Calvin's birthday, vacations, Father's Day and Mother's Day on an amicable basis to each party's mutual satisfaction by mutual agreement between the parties as to these matters of custody and visitation. b. Thanksgiving: a. Thanksgiving shall be alternated beginning with 2005 (odd years) with Father from 8:00 am Thanksgiving Day until 7:00 pm Thanksgiving Day. The parent exercising the holiday visitation shall pick up and drop off Calvin at the end ofthe holiday. c. Christmas: Father shall have custody every Christmas Eve from 6:00 pm to 1 :00 pm on Christmas Day. Mother shall have custody of Calvin from 1 :00 pm Christmas Day until 8:00 am Deeember 26 each year. d. New Year's Eve/Dav: The parties shall alternate New Year's Day with Mother having Calvin in 2005 from 6:00 pm New Year's Eve to 6:00 pm New Year's Day. The party exercising custody for the holiday shall pick up and drop off Calvin. 5. The parties hereby agree that if both parents, Nelson Chambers and Susie 1. Kovalick, are deceased, then the parties desire and request this Honorable Court to appoint Susie's mother, Teresita A. Kovalick, of 4 Edgewood Drive, Me,;hanicsburg, PA, to be the Guardian of their minor child. 6. Each party is permitted to have liberal contact by telephone or visitation with the child while the child is in the other party's custody because ofth,e loving relationship both parties have established with their minor child. In the event the parent with custody has placed the child in a babysitter's custody for a temporary period, then the parent with custody shall provide a telephone number to the other parent to contact said child. Both parents shall provide their minor son with his own bed to sleep in. 7. Notwithstanding the above provisions concerning physical custody of the minor child, the parties hereby agree that the schedule is modified in order that Father shall have physical custody of Calvin from August 21, 2005 to August 28, 2:005. Mother shall have physical custody of Calvin from August 28, 2005, at 6:00 pm to September 4, 2005, at 6:00 pm. . 8. The parties agree to alternate clairning the dependency exemption for said child ( .fo..Jq 'f&"r" 2. ()OlD) ~ ) with Mother claiming the child even yearfand Father claiming the child odd years( N'1e~ ),iIJ> 0 Sj. tVc 9. If any party seeks a modification of this Amended Agreement and Custody Stipulation, such party shall first present to the other a written report from a licensed and ~ ~ practicing professio~ the child custody field, that the proposed modification sought is in the \,~_ear best interests of the child. If a custody evaluation is requested by the parties, or either party, the party seeking the custody modification shall pay the fill! cost of the evaluation and attorneys fees of the opposing party only in the event the modification is not granted. If the modification is granted to the petitioner, then the petitioner shall be reimbursed 50% of the cost of the custody evaluation and both parties shall bear their own attorneys' fees. The parties agree to cooperate with a request to participate in a custody evaluation which shall be paid in full initially by the petitioning party. WHEREFORE, the parties hereto, intending to be legally bound hereby, that this Amended Agreement and Stipulation for Custody is entered between the parties and is understood by the parties that an Order of Court indicating the same shall be sought, have voluntarily signed this Stipulation below, on this 'J).... day of _ -y \..t I Y ,2005. WITNESSES: ~~ . ~1~ Nelson Chambers, Father od~ 1- .~/ti Susie 1. Kova:lick, Mother ------ . ""':~, ~~ ,~, \ - c.? -- J.;" ~ECEIVED AUG 032005 . . .~ NELSON CHAMBERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-858 SUSIE 1. KOV ALICK, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this "I - day of a...r v-' ,2005, upon consideration of the Amended Agreement and Stipulation for Custody executed by the parties hereto, it is hereby ORDERED and DECREED as follows: I. LEGAL CUSTODY 1. The parties shall share legal custody on an equal basis between the Mother and Father. All decisions affecting the child's growth and development including, but not limited to, special schools and/or instruction; choice of surruner camp, if any; choice of day care provider; all necessary medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; public or private school education, whether secular and religious; scholastic athletic pursuits and other extracurricular activities; shall all be considered major decisions and shall be made jointly by the parents of said minor child. All references herein to a child shall relate to the parties' minor child. 2. Custody of minor child, Calvin, shall be on an equally shared basis with the Mother and the Father such that the parties shall continue to alternate their weeks of custody with ~i, ~~r.:t ~ T M.c (~ ~, J', 'I ,",",'j! SOOl ~ .(' (LI ,- ,,}, . C u .-;:~ ~.'.:. At1\;i'-Li..!, l' their minor child, Calvin, which began the week commencing September 1, 2004 when Mother had custody of the minor child. 3. Each party shall keep the other informed of the progress ofthe child's education and social adjustments. Each party shall not to impair the other party's right to shared legal or physical custody of the child. Each party shall give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well being of the child. 4. While in the presence of the child, neither parent shall make or permit any other person to make any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 5. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule to follow and to mcourage him to participate in the custody plan until otherwise modified. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern or interest to the other parent. 7. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 8. With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to malte the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other parent of the emergency and consult with himlher as soon as possible. Day-to-day decisions of a routine nature including those relating to medial care shall be the responsibility ofthe parent having physical custody at the time. 9. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the alternative parent to be notified regarding any emergency or to be contacted regarding school events. Mother shall provide Father with copies of report cards and all notifications of major school events, sports events, and non-school events. 10. Neither parent shall schedule activities or appointments for the child which would require his attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 11. As long as one party resides in the Mechanicsburg School District, Calvin shall be registered in and continue his education in that school district. This paragraph shall be void in the event neither party resides in said school district and the parti(:s shall then agree upon the school district which Calvin shall attend. II. PHYSICAL CUSTODY 1. The parties shall continue to alternate their custody of their minor child, Calvin, on such a weekly schedule with the week being defined as Sunday at 6:00 p.m. through the following Sunday at 6:00 p.m. Mother's first week began on September 1, 2004. Father's first week began on Monday, September 6, 2004. 2. Said alternating weekly schedule shall continue through both the school year and the summer months with this alternating weekly schedule between the parents. 3. The parties shall mutually cooperate and agree as to the details of how to switch custody in order to effectuate this Agreement in the applicable school years. 4. Calvin's Birthday, Vacations, Father's Dav and Mother's Dav: The parties shall cooperate and share Calvin's birthday, vacations, Father's Day and Mother's Day on an amicable basis to each party's mutual satisfaction by mutual agreement between the parties as to these matters of custody and visitation. b. Thanksgiving: Thanksgiving shall be alternated beginning with 2005 (odd years) with Father from 8:00 am Thanksgiving Day until 7:00 pm Thanksgiving Day. The parent exercising the holiday visitation shall pick up and drop off Calvin at the end of the holiday. a. c. Christmas: Father shall have custody every Christmas Eve from 6:00 pm to 1 :00 pm on Christmas Day. Mother shall have custody of Calvin from 1 :00 pm Christmas Day until 8:00 am Dec,ember 26 each year. d. New Year's EvelDav: The parties shall alternate New Year's Day with Mother having Calvin in 2005 from 6:00 pm New Year's Eve to 6:00 pm New Year's Day. The party exercising custody for the: holiday shall pick up and drop off Calvin. 5. If both parents, Nelson Chambers and Susie L. Kovalick, are deceased, then this Honorable Court shall appoint Susie's mother, Teresita A. Kovalick, of 4 Edgewood Drive, Mechanicsburg, P A, to be the Guardian of their minor child. 6, Each party is permitted to have liberal contact by telephone or visitation with the child while the child is in the other party's custody because ofthe loving relationship both parties have established with their minor child. In the event the parent with custody has placed the child in a babysitter's custody for a temporary period, then the parent with custody shall provide a telephone number to the other parent to contact said child. Both parents shall provide their minor son with his own bed to sleep in. 7. Notwithstanding the above provisions concerning physical custody of the minor child, the parties hereby agree that the schedule is modified in order that Father shall have physical custody of Calvin from August 21, 2005 to August 28,2005. Mother shall have physical custody of Calvin from August 28, 2005, at 6:00 pm to September 4, 2005, at 6:00 pm. 8. The parties shall alternate claiming the dependency exemption for said child with Mother claiming the child even years and Father claiming the child odd years. 9. If any party seeks a modification of this Amended Agreement and Custody Stipulation, such party shall first present to the other a written report from a licensed and practicing professional in the child custody field, that the proposed modification sought is in the clear best interests of the child. If a custody evaluation is request.ed by the parties, or either party, the party seeking the custody modification shall pay the full cost of the evaluation and attorneys fees of the opposing party only in the event the modification is not granted. If the modification is granted to the petitioner, then the petitioner shall be reimbursed 50% ofthe cost of the custody evaluation and both parties shall bear their own attorneys' fees. The parties shall cooperate with a request to participate in a custody evaluation which shall be paid in full initially by the petitioning party. BY THE COURT: Date J.