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HomeMy WebLinkAbout09-0712Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmac1U((dzmmg1aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff V. CHRISTOPHER J. SERAFIN, Defendant CIVIL ACTION-LAW No. J 9_"71,?-- C?v l 4e-1 (In 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 Plaintiff. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclaya,dzmmalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff CIVIL ACTION-LAW V. No. u 9- 7 / a ?' ?rvC `TGrr,^ CHRISTOPHER J. SERAFIN, (In Custody) Defendant COMPLAINT FOR CUSTODY AND NOW, this day of R bN 6,v , 2009, comes Plaintiff, Kristine M. Serafin, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following Complaint for Custody and in support thereof avers as follows: 1. Plaintiff, Kristine M. Serafin, an adult individual, is the mother of one (1) minor child, namely, Nathan Patrick Serafin, whose date of birth is January 16, 2003 (hereinafter referred to as the "Child") 2. Defendant, Christopher J. Serafin (hereinafter "Father"), an adult individual, is the natural father of the Child. 3. The parties currently reside together, with the Child, at 2 Pine Ridge Circle, Enola, Pennsylvania 17025. 4. Simultaneously herewith, Plaintiff, Kristine M. Serafin (hereinafter "Mother"), is filing a Divorce Complaint. 5. The Child was born in wedlock. 6. Mother has been the primary custodian of the Child. 7. Mother has no information of any other custody proceeding concerning the Child pending in any court of this Commonwealth. 8. Mother does not know of any other person not any party to the proceedings, besides those who have been notified by this Complaint, who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 9. Each parent whose parental rights to the Child have not been terminated and the persons who have physical custody of the Child have been named as a party to this action. There are no other persons who are known to have or claim to have a right to custody or visitation of the Child. 10. Mother desires that a parenting plan and custodial arrangement be memorialized as a Court Order granting her primary physical custody of the Child and granting Father periods of partial custody, thereby enabling the parties to take the necessary steps to proceed with the Divorce. 11. The Child's best interests and permanent welfare will be best served by granting the relief requested because: a) Mother has been the primary custodian of the Child; and b) Mother has a strong bond with the Child; and C) Mother has taken an active interest in and has actively participated in the Child's life and activities; and d) Mother will provide the Child with a home with more than adequate moral, emotional and physical surroundings as required to meet his needs; and e) Mother continues to exercise parental duties and responsibilities and continues to enjoy the Child's love and affection; and f) Mother will foster a loving, meaningful relationship between Father and the Child. WHEREFORE, Plaintiff/Mother, Kristine M. Serafin, respectfully requests this Honorable Court grant the parties shared legal custody of the Child and grant Mother primary physical custody of the Child with periods of partial custody to Father. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 41 p By: 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff VERIFICATION I, Kristine M. Serafin, verify that the statements made in this Complaint for 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. §4904 relating to unsworn falsification to authorities. Kristine M. Serafin, Plainti CJ ? Ul CA 9.1, ll' a a N ry ?- T C r KRISTINE M. SERAFIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-712 CIVIL ACTION LAW CHRISTOPHER J. SERAFIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, February 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, March 17, 2009 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda 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 o } k. I q, _; .1 q8 81 23J60OZ A` 30 at ?-I r'C213 MAR 2 5 ?nn4 c KRISTINE SERAFIN Plaintiff vs. CHRISTOPHER SERAFIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-712 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this !?y day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kristine Serafin, and the Father, Christopher Serafin, shall have shared legal custody of Nathan Patrick Serafin, born January 16, 2003. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. The parties shall alternate having custody of the Child on weekends from Friday after work through Sunday at 7:30 p.m., beginning with the Mother having custody of the Child on March 27, 2009. B. The Father shall have custody of the Child every week on Tuesday and Thursday from after work until 7:30 p.m. During the summer school break, the Father's Tuesday and Thursday evening periods of custody shall be extended overnight until the following morning when the Father shall transport the Child to the babysitter or camp. The parties shall make adjustments to the weekday evening periods of custody to ensure that the parties are equally sharing the Child's non-activity evening time. C. The Mother shall have custody of the Child at all times not otherwise specified for the Father. 3. The parties shall share or alternate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon or after work until 9:00 p.m., Segment B, which shall run from Christmas Eve at 9:00 p.m. through Christmas Day at 5:00 p.m., Segment C, which shall run from Christmas Day at 5:00 p.m. through the halfway point of the remainder of the Child's holiday school break at 5:00 p.m., and Segment D, which shall run from the halfway point of the remaining school break at 5:00 p.m. through the last day of the holiday break before school resumes at 7:30 p.m. In odd- numbered years, the Father shall have custody of the Child during Segments A and C and the Mother shall have custody during Segments B and D. In even-numbered years, the Mother shall have custody of the Child during Segments A and C and the Father shall have custody during Segments B and D. In the event either party is unavailable due to work to provide care for the Child during his or her period of holiday custody, that parent shall offer the other parent the opportunity to provide care for the Child during the custodial parent's unavailability. This provision is not intended to limit the ability of either party to make arrangements for the Child to spend time with grandparents for up to one (1) day during the holiday. However, the custodial parent shall make every effort to arrange time with grandparents when the other parent is also working. B. Thanks iving: The Thanksgiving holiday period of custody shall run from after school on the Wednesday before Thanksgiving through Monday morning after Thanksgiving. The Father shall have custody of the Child for Thanksgiving in odd-numbered years and the Mother shall have custody in even-numbered years. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from 7:30 a.m. until 2:00 p.m. on Easter Sunday and Segment B, which shall run from 2:00 p.m. until 7:30 p.m. on Easter Sunday. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day ad the Father shall have custody on Father's Day, with the specific times to be arranged by agreement between the parties. E. Memorial Day/Independence Day/Labor Day: The parties shall alternate having custody of the Child on the Memorial Day, July Fourth and Labor Day holidays equally as arranged by agreement. F. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 4. Each parent shall be entitled to have custody of the Child for two (2) uninterrupted weeks each year for vacation time. The weeks under this provision shall not be scheduled consecutively unless agreed between the parties. Neither party shall remove the Child from school for vacation without the advance consent of the other parent and school approval. The parties shall provide each other with at least thirty (30) days advance notice of vacation dates under this provision and the parent providing notice first shall be entitled to preference on his or her selection of vacation dates. The parties shall cooperate in arranging any summer camps for the Child and shall coordinate camps and activities with vacation dates. 5. Except as otherwise provided in this Order or agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. The custodial parent shall be responsible to ensure that the Child attends all regularly scheduled activities during his or her periods of custody. 7. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 8. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Xndsay Gingrich Maclay, Esquire - Counsel for Mother ,,Ames L. Walsh, Esquire - Counsel for Father -- K ace tS-t KRISTINE SERAFIN Plaintiff vs. CHRISTOPHER SERAFIN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-712 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathan Patrick Serafin January 16, 2003 Mother/Father 2. A custody conciliation conference was held on March 18, 2009, with the following individuals in attendance: the Mother, Kristine Serafin, with her counsel, Lindsay Gingrich Maclay, Esquire, and the Father, Christopher Serafin, with his counsel, James L. Walsh, Esquire. 3. The parties agreed to entry of an Order in the form as attached. na-4 E % ?" boa 9 L"?' d=?? Date Dawn S. Sunday, Esquire Custody Conciliator Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 635 North 12`h Street, Suite 101 Lemoyne, Pennsylvania 17043 lmaclavCa,dzmm¢law.com IN THE COURT OF COMMON PLEAS OF = = CZ CUMBERLAND COUNTY, PENNSYLVANIA U,r- r?. KRISTINE M. SERAFIN '? Plaintiff No. 2009-712 ="- P CIVIL ACTION - LAW -7 F7 ` CHRISTOPHER J. SERAFIN, Defendant (In 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 Petition 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 Plaintiff. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: By: dsy Gingi M lay, Esquire Ji orney y I.D. 954 635 North 12th Street, Suite 101 Lemoyne, Pennsylvania 17043 (717) 724-9821 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 635 North 12`h Street, Suite 101 Lemoyne, Pennsylvania 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff CHRISTOPHER J. SERAFIN, Defendant No. 2009-712 CIVIL ACTION - LAW (In Custody) PETITION FOR MODIFICATION OF CUSTODY CD ,I- M c-? - r- Um ,n - : [ r_ 3M- - + 1 c-. co w rT _ AND NOW, this day of &A" , 2011, comes Plaintiff, Kristine M. Serafin, by and through her attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following Petition for Modification of Custody, and in support thereof avers as follows: 1. Plaintiff, Kristine M. Serafin, is an adult individual who currently resides at 422A Duke Street, Enola, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"). 2. Defendant, Christopher J. Serafin, is an adult individual who currently resides at 2 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania (hereinafter referred to as "Father") 3. Plaintiff and Defendant are the natural parents of Nathan Patrick Serafin, who was born in wedlock and whose date of birth is January 16, 2003. 4. Mother filed for Divorce on February 9, 2009 and the parties have negotiated a global resolution of the division of their marital property and anticipate executing a Marital Settlement Agreement (MSA) simultaneously with the execution of a Custody Stipulation. 5. The parties seek to affirm, update and memorialize the parties' custody agreement. As such, the parties request that an Order be issued in the form attached hereto, memorializing and cementing the parties' Stipulation and Agreement for Custody, as set forth in Paragraph 10, herein. 6. Mother's and Father's current addresses are above. Since separation, Mother has had primary physical custody of the child and Father has had liberal periods of partial custody pursuant to the schedule as set forth herein. 7. Mother has no information of any other custody proceeding concerning the child pending in any court of this Commonwealth. 8. 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 rights with respect to the child. 9. 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. Both parties and the child will benefit from updating their March 26, 2009 Order and from having their updated Agreement entered as a Court Order. 10. Both Father and Mother request that the following Custody Stipulation and Agreement be entered as a Court Order: The parties shall have joint legal custody of their minor child, Nathan Patrick Serafin. 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. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding his health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the child. If the child is sick and is unable to attend school or extracurricular activities the custodial parent will notify the non-custodial parent as soon as practicably possible. Each parent shall provide names, addresses, and telephone numbers for all the child's medical, dental and other healthcare providers, school contact information as well as the school's website and any website's relating to the child's activities. In the event that either parent cannot obtain information or schedules directly, the other parent shall provide the documentation upon request. The custodial parent shall notify the other parent of any medical, dental, optical, counseling 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. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal access to all records and information pertaining to the child, including, but not limited to, the child's school, medical, dental, religious and other important records, the residence address of the child and the other parent. As soon as practical after the receipt by a party, copies of the child's school schedule, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the child's report cards and other reasonable papers affecting the child's education, medical condition or welfare. 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 Order. Primary Physical custody of the child, as that term is defined in the Custody Act, shall be with Mother, subject to Father's periods of partial custody pursuant to the following schedule: A. The parties shall alternate having custody of the child on weekends from Friday after work through Sunday at 7:30 p.m. The weekend rotation shall continue in regular rotation pursuant to the parties prior Order of March 26, 2009, as entered by the Honorable Edgar B. Bayley. B. Father shall have custody of the child every week on Tuesday and Thursday from after work until 7:30 p.m. During the summer school break, the Father's Tuesday and Thursday evening periods of custody shall be extended overnight until the following morning when Father shall transport the child to the babysitter or to camp. The parties shall make adjustments to the weekday evening periods of custody to ensure that the parties are equally sharing the child's non-activity evening time. C. Mother shall have custody of the child at all times not otherwise specified for the Father. Transportation for custody purposes shall be divided by the parties as equally as possible. Unless otherwise agreed, the parent receiving custody shall transport the child from the home of the other parent. 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. The parties shall share or alternate custody of the child during the holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Even at 12:00 noon or after work until 9:00 p.m., Segment B, which shall run from Christmas Eve at 9:00 p.m. through Christmas Day at 5:00 p.m., Segment C, which shall run from Christmas Day at 5:00 p.m. through the halfway point of the remainder of the child's holiday school break at 5:00 p.m., and Segment D, which shall run from the halfway point of the remaining school break at 5:00 p.m. through the last day of the holiday break before school resumes at 7:30 p.m. In odd- numbered years, Father shall have custody of the child during Segments A and C and Mother shall have custody during Segments B and D. In even- numbered years, Mother shall have custody of the child during segments A and C and Father shall have custody of the Child during Segments B and D. In the event that there are an odd number of days in the child's remaining Christmas vacation, the party having Segments A and C in that year shall have the extra day of vacation. In the event that either party must work and is unavailable to provide care to the child during his or her period of holiday custody, the parent shall offer the other parent the opportunity to provide care for the child during the custodial parent's period of non-availability. This provision is not intended to limit the ability of either party to make arrangements for the child to spend time with grandparents for up to one (1) day during the holiday. However, the custodial parent shall make every effort to arrange a time with grandparents when the other parent is also working. B. Thanksgiving: The Thanksgiving holiday period of custody shall run from after school on the Wednesday before Thanksgiving through Monday morning after Thanksgiving. Father shall have custody of the child for Thanksgiving in odd-numbered years and Mother shall have custody of the child in even-numbered years. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from 7:30 a.m. until 2:00 p.m. on Easter Sunday and Segment B, which shall run from 2:00 p.m. until 7:30 p.m. on Easter Sunday. In odd- numbered years, Father shall have custody of the child during Segment A and Mother shall have custody of the child during Segment B. In even- numbered years, Mother shall have custody of the child during Segment A and Father shall have custody of the child during Segment B. D. Mother's Day/Father's Day: In every year, Mother shall have custody of the child on Mother's Day and Father shall have custody of the Child on Father's Day, with the specific times to be arranged by agreement of the parties. E. Memorial Day/4th of July/Labor Day: The parties shall alternate having custody of the child on the Memorial Day, 4th of July and Labor Day holidays equally as arranged by agreement of the parties. F. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. Each parent shall be entitled to have custody of the child for two (2) uninterrupted weeks each year for vacation time. A week shall be defined as seven (7) days and shall include the custodial parents' weekend of custody. The weeks under this provision shall not be scheduled consecutively unless agreed upon by the parties. Neither party shall remove the child from school for vacation without the advance consent of the other parent and school approval. The parties shall provide each other with at least thirty (30) days advance notice of vacation dates under this provisions and the parent first providing notice shall be entitled to preference on his or her selected vacation dates. The parents shall cooperate in arranging any summer camps for the child and shall coordinate camps and activities with vacation dates. The parties shall provide the child with any and all prescribed medications and/or medications recommended by the child's physician, during their period of custody and the parents shall cooperate to make sure that prescriptions and medications are transferred back and forth, when necessary and that medication logs are provided to the other parent if the child is going between households when sick or on a medication regimen. The parties shall provide each other with a written schedule or website address to ascertain a schedule for the child's school, sporting, and extracurricular activities. Both parties shall agree to honor and participate in the activities in which the child wishes to engage. During the times that each parent has custody of the child, each parent will make certain that the child attends any previously-scheduled extracurricular activities. The parties are directed to be supportive of the child's activities and will transport each 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 that 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. The parties shall discuss, prior to the child's enrollment in a particular activity that encompasses both parents' periods of custody, whether the child shall be enrolled in said activity. If no agreement can be reached, the Court will decide if the child shall be enrolled in said activity. In the event that the custodial parent is unable to deliver the child to an agreed upon activity, the non-custodial parent shall be permitted to transport the child to the agreed upon activity. The custodial parent shall make certain that the child is transported to appropriate custody exchange location in a time sufficient to enable the child to timely attend the activity. The custodial parent shall ensure that the child completes any and all school assignments, homework and/or projects during their period of custody. In the event that the child is unable to attend school due to illness, it is the responsibility of the parent then having custody to arrange alternate care for that day and to notify the non- custodial parent of the child's illness. In the event that either party is planning to take either child away from home for an overnight trip, they shall provide the non-custodial parent with reasonable notice and contact information where the child will be staying. Both parties are expected to use common sense in scheduling telephone calls to talk to the child. Reasonable telephone contact is not only permitted, but expected. Both parties and/or their spouses/significant others 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. 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. The parties shall not use either child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 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 parry 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 for a period in excess of seventy- two (72) hours, and for each person or entity which may provide daycare for the child, excluding current daycare providers, relatives, or public school institutions. 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, the parent 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 either child to bed for a period in excess of seventy-two (72) hours and which places either child under the direction of a licensed physician. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Stipulation and Agreement. 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. Neither party shall drink to the point of intoxication when the child is in their custody. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the child and each parent. Relocation: It is the intention of the parties to have the child remain in the East Pennsboro School District until the child graduates from High School. As such, both parties intend to make every effort to stay in the East Pennsboro School District until the child's graduation from high school. Neither parent shall move with the child if such relocation will significantly impair the ability of the non-relocating parent to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation, or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit "A" attached to this Stipulation, Agreement and Order. Any modifications of this Stipulation and Agreement need to be in writing, and agreed to by both parties. 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 Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. This Stipulation, Agreement and Order supersedes all previous custody Agreements and/or Orders, specifically including the March 26, 2009 Order issued by the Honorable Edgar B. Bayley. Respectfully Submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: 635 North 12th Street, Suite 101 Lemoyne, Pennsylvania 17043 (717) 724-9821 Attorneys for Plaintiff VERIFICATION AND CONFIRMATION OF STIPULATION/AGREEMENT We, Kristine M. Serafm and Christopher I Serafin, hereby verify that the facts set forth in this Petition for Modification and Stipulation and Agreement are true and correct to the best of our respective knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the voluntary execution of this Confirmation, we do each unequivocally express our mutual consent that the terms as outlined in the Custody Stipulation and Agreement, above, are being entered into freely and voluntarily and we therefore request that the amicable custody arrangement, as set forth in said Stipulation, be entered as an Order of Court in the form attached hereto, without the necessity of a Custody Conciliation, Hearing or other formal proceeding. Date: o ?2,4,4 2?11J? / Afjzt? -0 M - tine V. Serafin, Plaintiff Date: g xo t k Christopher J. Serafin, efendant COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF ?)M?J(\CAAA On this, the ?61' day of 2011, before me, the undersigned officer, personally appeared Kristine M. Serafin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF Pt 00MVANIA NOTARIAL SEAL AMY EWING, Notary Pubic Borough of Lemoyne, Cumberland Couny? Cwmbsion 11, 2M4 COMMONWEALTH OF PENNSYLVANIA: SS: T"" (Seal) Notary P blic C"' COUNTY OF 1 On this, the day of 2011, before me, the undersigned officer, personally appeared Christopher J. Serafin, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL AMY EWING, Notary Pubic Borough ofnftmLamoyrie, CumberlanM Caft rjir?u Qz (Seal) 2014 1 Notary P lic IC ,a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, : Plaintiff CHRISTOPHER J. SERAFIN Defendant No. 2009-712 CIVIL ACTION - LAW (In Custody) S ." -1, 1 cz, rn fn- 77- PQ ORDER OF COURT AND NOW, this day of 2011, upon presentation and consideration of the within Petition for Modification of Custody and the Stipulation and Agreement incorporated therein, and upon agreement of the parties, it is hereby ORDERED and DECREED as follows: 1) The parties shall have joint legal custody of their minor child, Nathan Patrick Serafin. 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. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being, including, but not limited to, all decisions regarding his health, education and religion. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the child. If the child is sick and is unable to attend school or extracurricular activities the custodial parent will notify the non-custodial parent as soon as practicably possible. Each parent shall provide names, addresses, and telephone numbers for all the child's medical, dental and other healthcare providers, school contact information as well as the school's website and any website's relating to the child's activities. In the event that either parent cannot obtain information or schedules directly, the other parent shall provide the documentation upon request. The custodial parent shall notify the other parent of any medical, dental, optical, counseling 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. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to equal access to all records and information pertaining to the child, including, but not limited to, the child's school, medical, dental, religious and other important records, the residence address of the child and the other parent. As soon as practical after the receipt by a party, copies of the child's school schedule, special events notifications, report cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the child's report cards and other reasonable papers affecting the child's education, medical condition or welfare. 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 Order. 2) Primary Physical custody of the child, as that term is defined in the Custody Act, shall be with Mother, subject to Father's periods of partial custody pursuant to the following schedule: A. The parties shall alternate having custody of the child on weekends from Friday after work through Sunday at 7:30 p.m. The weekend rotation shall continue in regular rotation pursuant to the parties prior Order of March 26, 2009, as entered by the Honorable Edgar B. Bayley. B. Father shall have custody of the child every week on Tuesday and Thursday from after work until 7:30 p.m. During the summer school break, the Father's Tuesday and Thursday evening periods of custody shall be extended overnight until the following morning when Father shall transport the child to the babysitter or to camp. The parties shall make adjustments to the weekday evening periods of custody to ensure that the parties are equally sharing the child's non-activity evening time. C. Mother shall have custody of the child at all times not otherwise specified for the Father. 3) Transportation for custody purposes shall be divided by the parties as equally as possible. Unless otherwise agreed, the parent receiving custody shall transport the child from the home of the other parent. 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 parties shall share or alternate custody of the child during the holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Even at 12:00 noon or after work until 9:00 p.m., Segment B, which shall run from Christmas Eve at 9:00 p.m. through Christmas Day at 5:00 p.m., Segment C, which shall run from Christmas Day at 5:00 p.m. through the halfway point of the remainder of the child's holiday school break at 5:00 p.m., and Segment D, which shall run from the halfway point of the remaining school break at 5:00 p.m. through the last day of the holiday break before school resumes at 7:30 p.m. In odd- numbered years, Father shall have custody of the child during Segments A and C and Mother shall have custody during Segments B and D. In even- numbered years, Mother shall have custody of the child during segments A and C and Father shall have custody of the Child during Segments B and D. In the event that there are an odd number of days in the child's remaining Christmas vacation, the party having Segments A and C in that year shall have the extra day of vacation. In the event that either party must work and is unavailable to provide care to the child during his or her period of holiday custody, the parent shall offer the other parent the Opportunity to provide care for the child during the custodial parent's period of non-availability. This provision is not intended to limit the ability of either party to make arrangements for the child to spend time with grandparents for up to one (1) day during the holiday. However, the custodial parent shall make every effort to arrange a time with grandparents when the other parent is also working. B. Thanksgiving: The Thanksgiving holiday period of custody shall run from after school on the Wednesday before Thanksgiving through Monday morning after Thanksgiving. Father shall have custody of the child for Thanksgiving in odd-numbered years and Mother shall have custody of the child in even-numbered years. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from 7:30 a.m. until 2:00 p.m. on Easter Sunday and Segment B, which shall run from 2:00 p.m. until 7:30 p.m. on Easter Sunday. In odd- numbered years, Father shall have custody of the child during Segment A and Mother shall have custody of the child during Segment B. In even- numbered years, Mother shall have custody of the child during Segment A and Father shall have custody of the child during Segment B. D. Mother's Day/Father's Day: In every year, Mother shall have custody of the child on Mother's Day and Father shall have custody of the Child on Father's Day, with the specific times to be arranged by agreement of the parties. E. Memorial Day/4th of July/Labor Day: The parties shall alternate having custody of the child on the Memorial Day, 4th of July and Labor Day holidays equally as arranged by agreement of the parties. F. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedules. 5) Each parent shall be entitled to have custody of the child for two (2) uninterrupted weeks each year for vacation time. A week shall be defined as seven (7) days and shall include the custodial parents' weekend of custody. The weeks under this provision shall not be scheduled consecutively unless agreed upon by the parties. Neither party shall remove the child from school for vacation without the advance consent of the other parent and school approval. The parties shall provide each other with at least thirty (30) days advance notice of vacation dates under this provisions and the parent first providing notice shall be entitled to preference on his or her selected vacation dates. The parents shall cooperate in arranging any summer camps for the child and shall coordinate camps and activities with vacation dates. 6) The parties shall provide the child with any and all prescribed medications and/or medications recommended by the child's physician, during their period of custody and the parents shall cooperate to make sure that prescriptions and medications are transferred back and forth, when necessary and that medication logs are provided to the other parent if the child is going between households when sick or on a medication regimen. 7) The parties shall provide each other with a written schedule or website address to ascertain a schedule for the child's school, sporting, and extracurricular activities. Both parties shall agree to honor and participate in the activities in which the child wishes to engage. During the times that each parent has custody of the child, each parent will make certain that the child attends any previously-scheduled extracurricular activities. The parties are directed to be supportive of the child's activities and will transport each 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 that 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. The parties shall discuss, prior to the child's enrollment in a particular activity that encompasses both parents' periods of custody, whether the child shall be enrolled in said activity. If no agreement can be reached, the Court will decide if the child shall be enrolled in said activity. In the event that the custodial parent is unable to deliver the child to an agreed upon activity, the non-custodial parent shall be permitted to transport the child to the agreed upon activity. The custodial parent shall make certain that the child is transported to appropriate custody exchange location in a time sufficient to enable the child to timely attend the activity. 8) The custodial parent shall ensure that the child completes any and all school assignments, homework and/or projects during their period of custody. 9) In the event that the child is unable to attend school due to illness, it is the responsibility of the parent then having custody to arrange alternate care for that day and to notify the non-custodial parent of the child's illness. 10) In the event that either party is planning to take either child away from home for an overnight trip, they shall provide the non-custodial parent with reasonable notice and contact information where the child will be staying. 11) Both parties are expected to use common sense in scheduling telephone calls to talk to the child. Reasonable telephone contact is not only permitted, but expected. Both parties and/or their spouses/significant others 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. 12) 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 parry 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 parry or which may hamper the free and natural development of the child's love, affection and respect for the other parent. The parties shall not use either child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 13) 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 for a period in excess of seventy-two (72) hours, and for each person or entity which may provide daycare for the child, excluding current daycare providers, relatives, or public school institutions. 14) 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, the parent 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 either child to bed for a period in excess of seventy-two (72) hours and which places either child under the direction of a licensed physician. 15) The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Stipulation and Agreement. 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. 16) Neither party shall drink to the point of intoxication when the child is in their custody. 17) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the child and each parent. 18) Relocation: It is the intention of the parties to have the child remain in the East Pennsboro School District until the child graduates from High School. As such, both parties intend to make every effort to stay in the East Pennsboro School District until the child's graduation from high school. Neither parent shall move with the child if such relocation will significantly impair the ability of the non-relocating parent to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation, or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit "A" attached to this Stipulation, Agreement and Order. 19) Any modifications of this Stipulation and Agreement need to be in writing, and agreed to by both parties. 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 Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. 20) This Stipulation, Agreement and Order supersedes all previous custody Agreements and/or Orders, specifically including the March 26, 2009 Order issued by the Honorable Edgar B. Bayley. BY THE COURT, J. Distribution: ? Lindsay Gingrich Maclay, Esquire, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC, 635 N. 12th Street, Lemoyne, PA 17043 - Attorney for Plainti/Mother James L. Walsh, Esquire, Northwood Office Center,2215 Forest Hills Drive, Suite 37, Harrisburg, PA 17112 - Attorney for Defendant/Father _ •1i jd ( 0"Ad-s"'? f/ if U0 EXHIBIT A REQUIREMENTS REGARDING RELOCATION OF RESIDENCE A relocation is a move or change of residence that will significantly impair the ability of the non- relocating party to easily exercise periods of custody. You cannot relocate with the child(ren) without following these procedures. If you are contemplating such a move, you are sfron41 y urged to seek the advice of an attorney to make sure that you are following the procedures. You are not permitted to relocate your residence without either: The consent of every individual who has custody rights to the child(ren) to the proposed relocation OR • the court approves the proposed relocation. NOTICE 1. The party proposing the relocation must notify every other party who has custody rights to the child(ren) of the proposed move by certified mail, return receipt requested. You should complete the attached "Notice of Proposed Relocation to Be Completed by Party Intending To Relocate" and send the notice to all other parties by certified mail, return receipt requested. 2. Notice must be given 60 days before the date of the proposed relocation OR 10 days after the date that the party knows about the relocation only if the individual did not know and could not have reasonably known about the relocation in time to comply with the 60 days notice or it is not reasonably possible to delay the date of relocation to comply with the 60 day notice. You must include with this mailing the attached "Counter-Affidavit Regarding Relocation". The other parties must complete this form to indicate their position with regard to the proposed move. WHAT DO(ES) THE OTHER PARTWIES) DO WHEN THEY RECEIVE THE NOTICE AND COUNTER-AFFIDAVIT? 1. If you receive a notice and a counter-affidavit, you must complete the counter-affidavit and file with the Prothonotary's Office this completed counter-affidavit within 30 days from the day you receive the notice and counter-affidavit. If you fail to file this counter- affidavit within the 30 days, you will be foreclosed from objecting to the relocation. 2. If the counter-affidavit is timely filed and the party objects to the proposed relocation or objects to the proposed modification of the custody order, a hearing will be held. 3. You must serve the other party with the Counter-Affidavit by certified mail, return receipt requested. 4. If notice of the proposed relocation has been properly given and no objection to the proposed relocation has been filed with the Prothontoary, then it will be presumed that the nonrelocating party has consented to the proposed relocation. If a party who has been given proper notice does not file with the court an objection to the relocation within 30 days after receipt of the notice but later petitions the court for review of the custodial arrangements, the court shall not accept testimony challenging the relocation. WHAT DO I DO IF NO OBJECTION TO THE PROPOSED RELOCATION 1S FILED? The party proposing relocation shall file the following with the Prothonotary prior to relocation: 1. An affidavit stating that the party provided notice to every individual entitled to notice, the time to file an objection to the proposed relocation has passed and no Individual entitled to receive notice has filed an objection to the proposed relocation. 2. Proof that proper notice was given in the form of a return receipt with the signature of the addressee and a copy of the full notice that was sent to the addressee. 3. A petition to confirm the relocation and modify any existing custody order, and 4. A proposed order containing the information in the notice. WHAT DO I DO IF A COUNTER-AFFIDAVIT IF FILED WITH THE PROTHONOTARY THAT INDICATES THERE IS NO OBJECTION TO THE PROPOSED RELOCATION AND NO OBJECTION TO THE MODIFICATION OF THE CUSTODY ORDER CONSISTENT WITH THE PROPOSAL FOR A REVISED CUSTODY SCHEDULE? • The court may modify the existing custody order by approving the proposal for a revised custody schedule submitted with the Notice. You should submit a proposed order with distribution and attach a copy of the notice and the courter-affidavit. WHAT DO I DO IF A COUNTER-AFFIDAVIT IS FILED WITH THE PROTHONOTARY WHICH INDICATES THAT THE NONRELOCATING PARTY OBJECTS EITHER TO THE PROPOSED RELOCATION OR TO THE MODIFICATION OF THE CUSTODY ORDER? You should file a motion for a hearing with the Prothonotary's Office. The matter will be assigned to a judge for the scheduling of a hearing and disposition. IN THE COURT OF COMMON PLEAS OF Plaintiff DAUPHIN COUNTY, PENNSYLVANIA v NO. CV CU : CIVIL ACTION Defendant : IN CUSTODY NOTICE OF PROPOSED RELOCATION TO BE COMPLETED BY PARTY INTENDING TO RELOCATE I, , parent of move on follows. intend to and answer the following questions as 1. What is the address of the intended new residence? 2. What is the mailing address of the intended new residence? 3. What are the name(s) and age(s) of all individual(s) who will be living at this new residence? 4. What Is the home telephone number of the Intended new residence? 5. What is the name of the new school and the new school district? 6. What is the date of the proposed relocation? 7. What are the reasons for the proposed relocation? 8. How do you proposed to change the custody schedule that is currently in effect? 9. Is there any other Information that is relevant to the proposed relocation? 10. I have included a counter-affidavit that you can use to object to the proposed relocation. WARNING TO NON-RELOCATING PARTY IF YOU WANT TO OBJECT TO THE PROPOSED RELOCATION, YOU MUST FILE THIS COUNTER-AFFIDAVIT WITH THE PROTHONOTARY'S OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE OR YOU WILL BE FORECLOSED FROM OBJECTING TO THE RELOCATION. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date Signature Print Name Address Telephone Number I I 1 IN THE COURT OF COMMON PLEAS OF Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA V. NO. CV CU : CIVIL ACTION Defendant IN CUSTODY COUNTER-AFFIDAVIT REGARDING RELOCATION The party objecting to the Notice of Relocation must file this document with the Prothonotary's Office within thirty (30) days of receipt of the Notice of Proposed Relocation. I, file this counter-affidavit regarding the proposed relocation. I received the Notice of Proposed Relocation on 1. What are the names and ages of the child(ren) affected by the proposed relocation? 2. Where do this/these child(ren) currently reside? Check one of the following boxes: ? I do not object to the relocation and I do not object to the modification of the custody order consistent with the proposal for revised custody schedule as attached to this notice. ? l do not object to the relocation, but I do object to modification of the custody order and I request that a hearing be scheduled. I request that a hearing be scheduled ? a. Prior to allowing the chi Id(ren) to relocate. ? b. After the child(ren) relocate. ? 1 do object to the relocation and I do object to the modification of the custody order, and I request that a hearing be held on both matters prior to the relocation taking place. 1 understand that 1 must file this counter-affidavit with the Prothonotary's Office and that I must mail a copy to the other party by certified mail, return receipt requested. I understand that if I fail to file this counter-affidavit and mail a copy to the other party within thirty (30) days of receipt of the proposed relocation notice, I shall be prevented from objecting to the relocation. I verify that the statements made In this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities). Date Signature Print Name