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HomeMy WebLinkAbout04-0906 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE BEAR, Plaintiff GREGORY CARRERA, Defendant NOTICE CIVIL ACTION - LAW No. 2004- ~ ~)(a (Civil Term) (In Custody) 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 Plaintiffs. 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA NOTICIA Le hah demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archiver en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas u puede entrar una orden contra usted sin previo aviso o notificacion y por cualguir queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA By: SA1DIS, SHUFF, FLOWER & LINDSAY Attorney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & L1NDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE BEAR, Plaintiff CIVIL ACTION - LAW : v. : No. 2004 - ~:~0(o (Civil Term) ; GREGORY CARRERA, Defendant (In Custody) COMPLAINT FOR SHARED CUSTODY AND NOW, this 3friday of March, 2004, comes Plaintiff, Stephanie Bear, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Complaint for Primary Custody, and in support thereof avers as follows: 1. Plaintiff, Stephanie Bear, is an adult individual who currently resides at 20 East Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referred to as "Mother"). 2. Defendant, Gregory Carrera, is an adult individual who currently resides at 703 South York Street, Mechanicsburg, Ctanberland County, Pennsylvania 17055 (hereinafter referred to as "Father"). 3. Plaintiff, Stephanie Bear, is the natural mother of one (1) minor child, Elana Kelsey Carrera, who was bom on May 9, 1995 (hereinafter referred to as the "Child"). Defendant, Gregory Carrera, is the natural father of the Child. The Child was not bom out of wedlock. The parties were separated in 1999 and were divorced on June 15, 1999. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 7. Mother seeks to affirm and clarify the parties' prior custody agreement of June 1, 1999 (a copy of said Agreement is attached hereto as Exhibit "A"). As such, she wants to affirm the parties' arrangement of joint legal and physical custody of the following Child: Name Present Residence Age Elana Kelsey Can'era 20 East Big Spring Avenue Newville, PA 8 y.o. 703 South York Street Mechanicsburg, PA The Child was not born out of wedlock. Plaintiff is the natural mother of the Child. Defendant is the natural father of the Child. The Child currently splits her time between her Mother's home and her Father's home. Since birth, the Child has resided with the following persons and at the following addresses: Name Address Dates Mother & Child (Shared with Father) 20 E. Big Spring Ave. 10/01 - Newville, PA Present Father & Child (Shared with Mother) 703 S. York St. Mechanicsburg, PA 2000 - Present Mother, Child & Maternal Grandmother, Mary Bear (Shared with Father) 199 Barnstable Rd. 5/01 Carlisle, PA 10/0 Mother, Child & Mother's Ex-Husband, Dennis Etter (Shared with Father) 39 Pond Road 4/01 - Newville, PA 5/01 Mother & Child (Shared with Father) 3rd Street 2/99 - Boiling Springs, PA 4/01 Father & Child (Shared with Mother) 415 Crossroad School Rd. 1988 - Carlisle, PA 2000 SAIDIS SHLIFF, FLOWER & LINDSAY Mother, Father & Child 415 Crossroad School Rd. 1988 - Carlisle, PA 2/99 The Child currently enjoys shared physical custody between the Father and Mother, at the addresses listed, above. 8. Mother's permanent address is 20 East Big Spring Avenue, Newville, Cumberland County, Pennsylvania, where Mother exercises shared physical custody of the Child. 9. Father's permanent address is 703 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, where Father exercises shared physical custody of the Child. 10. The relationship of Plaintiff to the Child is that of natural mother. 11, The relationship of Defendant to the Child is that of natural father. 12. Mother has no information of any other custody proceeding concerning the Child pending in any court of this Commonwealth. 13. Mother does not know of a person, not a party to this proceeding, who has physical custody of the Child or claims to have physical custody or visitation rights with respect to the Child. 14. The best interest and permanent welfare of the Children will be served by granting the relief requested because: a. Plaintiff is the natural mother of the Child; b. Defendant is the natural father of the Child; c. Both Mother and Father have a warm, loving relationship with the Child; d. Both Mother and Father have, in the past, and will continue to provide a stable, loving home environment for the Child; e. Mother will ensure that the Child is raised in healthy, loving environment; SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Mother will continue to encourage the Child to participate in and cooperate in shared physical custody with Father; Mother will continue to foster a feeling of love and affection between the Child and the Father; h. Mother has formed a strong bond with the Child; Mother has always exercised her parental duties and responsibilities with regard to the Child and she enjoys the love and affection of the Child; Mother will continue to provide the Child with a home with adequate moral, emotional and physical surroundings, as required to meet the Child's needs; and Both parties and the Child will benefit from updating the prior custody agreement and from having their agreement memorialized as a Court Order. 15. Each parent whose parental fights to the Child have not been terminated and the person(s) who has physical custody of the Child have been named as parties to this action. There are no other persons who are known to have or claim to have a fight to custody or visitation of the Child. 16. Mother requests that the following clarifications and updates be made to the custodial arrangement: a. The parties shall have joint legal custody of the Child. Joint legal custody means the fight of both parents to control and to share in making decisions of importance in the lives' of their Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental, and other important records. If the Child is sick and is unable to attend school or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. As soon as practical after the receipt by a party, copies of the Child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the Child with health care providers, sufficiently in advance thereof so that the other party can attend, if he or she so chooses. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Notwithstanding that both parents shall share legal custody, non-major decisions involving the Child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. b. Physical custody of the Child, as that term is defined in the Custody Act, shall be shared between Mother and Father pursuant to the following physical custody schedule: I. During the school year, Mother will have custody of the Child from Wednesdays at 7:15 p.m. through Saturdays at 5:30 p.m.; and 2. During the school year, Father will have custody of the Child from Sundays at 9:45 a.m., when Mother will drop the Child at Father's church, through Wednesdays at 7: l 5 p.m.; and 3. During the school year, Mother and Father will alternate custody of the Child on Saturday evenings. On Mother's Saturdays, her custodial period will continue from 5:30 p.m. Saturday night through Sundays at 9:45 a.m., when Mother will drop the Child at Father's church. On Father's Saturdays, he will have the Child from 5:30 p.m. on Saturday night through Wednesday at 7:15 p.m.; 4. At the completion of choir (usually sometime in June) and during the remainder of the summer months (until the Child resumes school), Mother and Father will alternate Wednesday nights and Saturday nights, as described more fully, below. When Mother has custody of the Child on Wednesdays, she will pick the Child up from her summer program and her custodial period will extend through Saturday night at 5:30 p.m. When Mother has custody of the Child on Saturday nights, she will pick the Child up from her summer program on Thursdays, and her custodial period will extend through Sunday morning at 9:45 a.m., when Mother will drop the Child off at church with Father. When Father has custody of the Child on Wednesday evenings, his custodial period will extend from the previous Sunday at 9:45 a.m. through Thursday morning, when he would drop the Child off at her summer program~ When Father has custody of the Child on Saturday nights, his custodial period will begin Saturday evening at 5:30 p.m. and will extend through Wednesday morning, when he would drop the Child at her summer program. c. Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parties agree to meet at the Farmer's Market, or some other mutually-agreed upon half-way point between their respective homes. At all times, the Child shall be secured in appropriate passenger restraints. No person SA/DIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA transporting the Child shall consume alcoholic beverages prior to transporting the Child. No person transporting the Child shall be trader the influence of any alcoholic beverages while transporting the Child. d. The holiday schedule shall take precedence over the regular visitation schedule and shall be as follows: 1. The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving, Christmas Eve/Day and New Year's Eve/Day. For the 2004 calendar year, and every even-numbered year thereafter, Mother shall have Easter, Fourth of July, Veteran's Day and Christmas Eve/Day (hereinafter referred to as "A Holidays") and Father shall have Memorial Day, Labor Day, Thanksgiving and New Year's Eve/Day (hereinafter referred to as "B Holidays"). For the 2004 calendar year, and every even-numbered year thereafter, Mother shall have the "A" Holidays and Father shall have the "B" Holidays. The fights of partial custody shall be exercised from 9:00 a.m. through 9:00 p.m. the day of the holiday, except as otherwise provided in Paragraphs 2 and 4, below. The parties will meet half- way for the custody exchange at a mutually agreed upon exchange point; and 2. Christmas Eve and Christmas Day will be considered as one holiday. The party with custody for this holiday will assume physical custody at approximately 5:30 p.m. on Christmas Eve, and retain physical custody until 9:00 p.m. on Christmas night. When Mother has custody of the Child for the Christmas holiday, she shall transport the Child to church to participate in Christmas Eve services/play and will transport Child back to the Mother's home. New Year's Eve and New Year's Day will be considered as one holiday. The fights of partial custody shall be exercised from 5:30 p.m. New Year's Eve through 9:00 p.m. on New Year's Day. 3. For Father's Day and Mother's Day, Mother shall always have the right to partial custody on Mother's Day. Father shall always have the fight of partial custody on Father's Day. The fights of partial custody shall be exercised from 9:00 a.m. through 9:00 p.m. the day of the holiday. The parties agree to meet half-way for the custody exchange; and 4. On the Child's birthday, the non-custodial parent shall have custody for at least two (2) hours on the Child's birthday. 5. The periods of partial custody for holidays or other special days as set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA regular periods of partial custody for that parent as set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. e. In the event that either party is more than thirty (30) minutes late for a custody exchange, in the absence of a telephone call or other conununication from the parent transporting the Child, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the Child. f. To the extent possible, each party shall provide the other with at least forty-eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that each of the parents have custody of the Child, they will make certain that the Child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Neither parent, however, shall commit the Child to any activity unless the Child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the Child maintaining passing grades in school. Neither parent shall commit the Child to activities that fall on the other parent's period of custody, without the prior consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the custodial parent shall not be required to take the Child to that activity if the then-custodial parent and Child are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child are ready for pick-up in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate transportation is provided. g. The parties will share in the cost of child care and school lunches. Enrollment in extracurricular activities and field trips are the choice of the respective parent then having custody, so long as said enrollment of the Child does SAIDIS SHUFF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA not violate the previous provisions of this Paragraph; and neither parent will be pressured to financially contribute to these extracurricular activities. Each party will purchase and provide clothing, shoes, etc. for the child and will retain these items in their homes. h. In the event that the Child is unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day. i. In the event that either party is planning to take the Child out of this Court's jnrisdiction for an overnight trip, they must provide reasonable notice and contact information for the locations at which the Child will be staying. j. Both parties are expected to use common sense in scheduling telephone calls to talk to the Child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the Child, or preventing the Child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule, or interfere with the custodial parent's period of custody. k. Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love, affection and respect for the other parent. 1. In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by either parent. Specifically, the parties agree not to make their respective primary residences more than fifty (50) miles from one another. m. Each party shall confer with the other on all matters of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate commtmication concerning the welfare of the Child and the custody situation, Each party shall supply the name, address and phone numbers of any persons in whose care the Child will be in, if care is provided at a location other than Mother's or Father's home, excluding current daycare providers, relatives, or public school institutions. n. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately SAIDIS SHI/FF, FLOWER & LINDSAY 26 W, High Street Carlisle, PA communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. o. The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Stipulation. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. p. No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined are with the Child present. No party shall consume illegal substances when in the presence of the Child. q. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship with each parent. r. Child's address shall be the same as Mother's for legal purposes. s. Father shall maintain adequate medical and dental insurance for the Child. Both Father and Mother shall cooperate in the preparation and/or submission of claims and shall provide needed documentation upon request of the other party to do so. t. Father and Mother will share equally the costs of any uninsured medical and/or dental expenses, as well as any policy deductibles. u. Both Father and Mother will be responsible for assisting the Child in obtaining Higher Education, should she so wish to pursue it, and both parties will assist in obtaining financial aid for the Child. Both parties will contribute to and assist in Child's college expenses, inchiding, but not limited to, tuition, books, and living expenses. v. This Stipulation, Agreement and/or Order shall supercede all previous custody Agreements. w. The parties are free to modify the terms of this Order, but in order to do so, the parties must be in complete agreement to any new terms. x. Any major, long-term modifications of this Order need to be in writing, agreed to by both parties, signed by both parties, and subsequently entered as a Court Order. Minor, short~term changes can be made orally, if agreed upon by both part/es. In the event that either party is not in agreement with a proposed change, this Order will control the custodial arrangement until such time as the parties are able to agree. y. In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enfome the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant Plaintiff, Stephanie Bear, continued shared physical and legal custody in accordance with the updated and clarified custodial schedule as proposed in Paragraph 16, above. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Complaint for Shared Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA STEPHANIE BEAR PLAINTIFF GREGORY CARREPok DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 04-906 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 10, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear belbre Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 08, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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 l~resent at the conference. Failure to al~l~ear 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: Esq. b 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 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE BEAR, Plaintiff Vo GREGORY CARRERA, Defendant CIVIL ACTION - LAW No. 2004 - 906 (Civil Term) (In Custody) CERTIFICATE OF SERVICE AND NOW, this 9th day of March, 2004, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a True and Correct copy of the Complaint for Shared Custody filed in the above-referenced matter. The Complaint was mailed on March 4, 2003, but actual service took place on March 8, 2004, by Defendant signing for the Complaint, which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Postage Prepaid, addressed as follows: Mr. Gregory Carrera 703 South York Street Mechanicsburg, Pennsylvania 17055 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ~ndJay Gir~vlacqlay, Esqt]~r~ /AttgI-ney I.D. 1'go. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff Exhibit "A" · III Complete items 1, 2, and 3. Also complete item 4 ~f Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the cerd to you. · Attach this card to the back of the mailpiece, or on the front if spece permits. ~r. Gregory Carrera 703 S. York St. Mecha g If YES, [] Agent- c. Date of Delivery flom item 17 OYes address below: [] ldo ice Type d Mall [] ~prees Mall ~egist®red ~urn Receipt for Merchandise r-[ Insured Mall ' [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ 2. Article Number -- (Transfer f~orn service label) 7001 2510 0000 3040 0034 PS Form 381 1, August 2001 Domestic Return Receipt 102595-01-M-0381 SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE BEAR, Plaintiff Vo GREGORY CARRERA, Defendant CIVIL ACTION - LAW No. 2004 - 906 (Civil Term) (In Custody) STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this ['~°t~ day of ~l/Lt'tJtL , 2004, by and between Stephanie Bear (hereinafter referred to as "Mother") and Gregory Carrera (hereinafter referred to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the parties are the natural parents of one (1) minor child, namely, Elana Kelsey Carrera, who was born on May 9, 1995 (hereinafter referred to as the "Child"); and WHEREAS, the parties entered into a Custody Agreement on June 1, 1999, which was not entered as a Court Order. WHEREAS, the parties' respective situations have materially changed; and WHEREAS, the parties now wish to modify the terms of their Agreement and file this Stipulation and Agreement with the Court. NOW, THEREFORE, the parties hereby agree as follows: 1. The parties shall have joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives' of their Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental, and other important records. If the Child is sick and is unable to attend school or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Slreet Carlisle, PA As soon as practical after the receipt by a party, copies of the Child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify, the other party of any medical, dental, optical and other appointments of the Child with health care providers, sufficiently in advance thereof so that the other party can attend, if he or she so chooses. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation and Agreement. 2. Physical custody of the Child, as that term is defined in the Custody Act, shall be shared between Mother and Father pursuant to the following physical custody schedule: a. During the school year, Mother will have custody of the Child from Wednesdays at 7:15 p.m. through Saturdays at 5:30 p.m.; and b. During the school year, Father will have custody of the Child from Sundays at 9:45 a.m., when Mother will drop the Child at Father's church, through Wednesdays at 7:15 p.m.; and c. During the school year, Mother and Father will alternate custody of the Child on Saturday evenings. On Mother's Saturdays, her custodial period will continue from 5:30 p.m. Saturday night through Sundays at 9:45 a.m.,, when Mother will drop the Child at Father's church. On Father's Saturdays, he will have the Child from 5:30 p.m. on Saturday night tha:ough Wednesday at 7:15 p.m.; d. At the completion of choir (usually sometime in June) and during the remainder of the smnmer months (until the Child resumes school), Mother and Father will alternate Wednesday nights and Saturday nights, as described tnore fully, below. When Mother has custody of the Child on Wednesdays, she will pick the Child up from her summer program and her custodial period will extend through Saturday night at 5:30 p.m. When Mother has custody of the Child on Saturday nights, she will pick the Child up from her summer program on Thursdays, and her custodial period will extend through Sunday morning at 9:45 a.m., when Mother will drop the Child off at chumh with Father. When Father has custody of the Child on Wednesday evenings, his custodial period will extend from the previous Sunday at 9:45 a.m. through Thursday morning, when he would drop the Child off at her summer program. When Father has custody of the Child on Saturday nights, his custodial period will begin Saturday evening at 5:30 p.m. and will extend through Wednesday morning, when he would drop the Child at her summer program. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 3. Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parties agree to meet at the Farmer's Market, or some other mutually-agreed upon half-way point between their respective homes. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to transporting the Child. No person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Child. 4. The holiday schedule shall take precedence over the regular visitation schedule and shall be as follows: a. The parties shall alternate the following holidays: Easter, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving, Christmas Eve/Day and New Year's Eve/Day. For the 2004 calendar year, and every even-numbered year thereafter, Mother shall have Easter, Fourth of July, Veteran's Day and Christmas Eve/Day (hereinafter referred to as "A Holidays") and Father shall have Memorial Day, Labor Day, Thanksgiving and New Year's Eve/Day (hereinafter referred to as "B Holidays"). For the 2004 calendar year, and every even-numbered year thereafter, Mother shall have the "A" Holidays and Father shall have the "B" Holidays. The rights of partial custody shall be exercised from 9:00 a.m. through 9:00 p.m. the day of the holiday, except as otherwise provided in Paragraphs 2 and 4, below. The parties will meet half- way for the custody exchange at a mutually agreed upon exchange point; and b. Christmas Eve and Christmas Day will be considered as one holiday. The party with custody for this holiday will assume physical custody at approximately 5:30 p.m. on Christmas Eve, and retain physical custody until 9:00 p.m. on Christmas night. When Mother has custody of the Child for the Christmas holiday, she shall transport the Child to church to participate in Christmas Eve services/play and will transport Child back to the Mother's home. New Year's Eve and New Year's Day will be considered as one holiday. The rights of partial custody shall be exercised from 5:30 p.m. New Year's Eve through 9:00 p.m. on New Year's Day. c. For Father's Day and Mother's Day, Mother shall always have the right to partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. through 9:00 p.m. the day of the holiday. The parties agree to meet half-way for the custody exchange; and SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA d. The periods of partial custody for holidays or other special days as set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent as set forth previously in this Stipulation, Agreement and Order. Holidays and other special days for custody set forth in this Stipulation, Agreement and Order shall take precedence over vacations. 5. To the extent possible, each party shall provide the other with at least forty-eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that each of the parents have custody of the Child, they will make certain that the Child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Neither parent, however, shall commit the Child to any activity unless the Child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the Child maintaining passing grades in school. Neither parent shall commit the Child to activities that fall on the other parent's period of custody, without the prior consent of the other parent, whicl, consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the custodial parent shall not be required to take the Child to that activity if the then-custodial parent and Child are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child are ready for pick-up in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate tTansportation is provided. 6. The parties will share in the cost of child care and school lunches. Enrollment in extracurricular activities and field trips are the choice of the respective parent then having custody, so long as said enrollment of the Child does SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA not violate the previous provisions of this Paragraph; and neither parent will be pressured to financially contribute to these extracurricular activities. Each party will purchase and provide clothing, shoes, etc. for the child and will retain these items in their homes. 7. In the event that the Child is unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day. 8. In the event that either party is planning to take the Child out of this Court's jurisdiction for an overnight trip, they must provide reasonable notice and contact information for the locations at which the Child will be staying. 9. Both parties are expected to use common sense in scheduling telephone calls to talk to the Child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to the Child, or preventing the Child fi-om calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Child's schedule, or interfere with the custodial parent's period of custody. 10. Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love, affection and respect for the other parent. 11. In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by either parent. Specifically, the parties agree not to make their respective primary residences more than fifty (50) miles from one another. 12. Each party shall confer with the other on all matters of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the Child will be in, if care is provided at a location other than Mother's or Father's home, excluding current daycare providers, relatives, or public school institutions. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 13. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Child at any time, any party then having custody of the Child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. 14. The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Stipulation. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 15. No party shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined are with the Child present. No party shall consume illegal substances when in the presence of the Child. 16. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship with each parent. 17. Father shall maintain adequate medical and dental insurance for the Child· Both Father and Mother shall cooperate in the preparation and/or submission of claims and shall provide needed documentation upon request of the other party to do so. 18. Father and Mother will share equally the costs of any uninsured medical and/or dental expenses, as well as any policy deductibles· 19. Both Father and Mother will be responsible for assisting the Child in obtaining Higher Education, should she so wish to pursue it, and both parties will assist in obtaining financial aid for the Child. Both parties will contribute to and assist in Child's college expenses, including, but not limited to, tuition, books, and living expenses. 20. This Stipulation, Agreement and/or Order shall supercede all previous custody Agreements. 21. The parties are free to modify the terms of this Stipulation and Agreement, but in order to do so, the parties must be in complete agreement to any new terms. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 22. Any major, long-term modifications of this Stipulation, Agreement and/or Order need to be in writing, agreed to by both parties, signed by both parties, and subsequently entered as a Court Order. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Order will control the custodial arrangement until such time as the parties are able to agree. 23. In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enfome the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties and their respective counsel, if applicable, have their hands and seals this WITNESSES: L'kfids/iy Gingr~h)(vfacl~, ~4dire ~tto~ey for ~ntiff . day of c~tg~/~ , 2004. ~r(gory ~c~fl'j -- SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE BEAR, Plaintiff GREGORY CARRERA, Defendant CIVIL ACTION - LAW No. 2004 - 906 (Civil Term) (In Custody) ORDER ANDNOW, this~dayof I/~) t'., ~ ,2004, upon presentation and consideration of the attached Stipulation of the parties, it is hereby ORDERED and DECREED that the attached Stipulation is made on Order of Court. BY THE COURT, STEPHANIE BEAR, Plaintiff V GREGORY CARRERA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2004-906 : IN CUSTODY CO~TO~ER AND NOW, this //~ __ day of April, 2004, the conciliator being advised that the parties have reached an agreement, the conciliator relinquisbes jurisdiction. Hubert X. Gil.~..yl, Esquire Custody ~p6ilialor