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HomeMy WebLinkAbout09-3647Lindsay Gingrich Maclay, Esquire DALEY ZucKER MEA.TON MINER & GINGiucH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Imaclay(aW mmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. NOEL, Plaintiff V. ANGELA D. BURKET, Defendant CIVIL ACTION - CUSTODY Docket No. 2009 - 3L q7 (In Custody) NOTICE l 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 to Modify Custody 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 Petition or for any other claim or relief requested by the Petitioner. 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 NOTICIA Le han 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 UAMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA 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 DALEY ZucKER MEILTON MINER & GINGRtcH, LLC By: Attorneys for Plaintiff 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Lindsay Gingrich Maclay, Esquire DALEY ZucKER MEn.ToN MwEER & GmGRicH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 ImaclavAdzmmelaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. NOEL, Plaintiff CIVIL ACTION - CUSTODY V. Docket No. 2009 - 3 G y7 ANGELA D. BURKET, Defendant (In Custody) COMPLAINT FOR CUSTODY AND NOW, this j0day of Mist. , 2009, comes Plaintiff, Mark A. Noel, 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, Mark A. Noel, is an adult individual who currently resides at 269 West High Street, Hummelstown, Dauphin County, Pennsylvania (hereinafter referred to as "Father"). 2. Defendant, Angela D. Burket, is an adult individual who currently resides at 413 Freedom Drive, Shippensburg, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"). 3. Plaintiff, Mark A. Noel, is the natural father of one (1) minor child, Cierra Faith Noel, whose date of birth is December 23, 1997. 4. Defendant, Angela D. Burket, is the natural mother of the child. 5. The child was bom out of wedlock. 6. The parties were divorced on October 29, 2003. 7. Mother seeks to affirm and memorialize the parties' custody agreement. As such, she requests 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 16, herein. 8. Mother's current address is above. Mother currently exercises primary physical custody of the child. 9. Father's current address is also above. Father currently exercises periods of partial custody of the child consistent with the schedule set forth below. 10. The relationship of Plaintiff to the child is that of natural father. 11. The relationship of Defendant to the child is that of natural mother. 12. Father has no information of any other custody proceeding concerning the child pending in any court of this Commonwealth. 13. Father 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 child will be served by granting the relief requested because: a. Plaintiff is the natural father of the child; b. Defendant is the natural mother 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 memorializing and formalizing their Custody Stipulation and Agreement and from having their Agreement entered as a Court Order. 15. Each parent whose parental rights 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 right to custody or visitation of the child. 16. Both Father and Mother request that the following Custody Stipulation and Agreement be entered as a Court Order: a. The parties shall have joint legal custody of their minor child, Cierra Faith Noel. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life 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 their 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 on custodial periods immediately preceding or during Father's period of custody, Mother will notify Father as soon as practicably possible. Each parent shall provide names, addresses, and telephone numbers for all of 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 written 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. b. 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: Father shall have custody of the child every other weekend from Friday to Sunday'. The parties are already involved in a custodial schedule with this rotation. This Order shall not alter s The child is currently involved in soccer in both the spring and fall. For so long as the child remains in an activity that is agreed upon by the parties, Father will agree to forfeit his Friday night period of partial custody with the child. When the child is involved in an activity agreed upon by the parties, Father shall pick the child up in Shippensburg after the child's activity obligations are completed on Saturdays of his weekends. said weekend rotation. All exchanges on Fridays, unless otherwise agreed, are to occur at the McDonald's in Mechanicsburg, Pennsylvania at 6:30 p.m. All exchanges on Sundays are to occur at 6:30 p.m. at the Country Club Diner in Carlisle, Pennsylvania. The parties agree to cooperate with one another in order to ensure that Father and Mother maintains a meaningful, loving relationship with the child. C. Transportation for custody purposes shall be divided by the parties as equally as possible, with the parties meeting at the designated meeting point for most custody exchanges, unless specifically provided herein or agreed otherwise. 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. d. The holiday schedule shall be as follows: On Mother's Day the child shall always be with Mother from Friday evening at 6:30 p.m. through Sunday at 6:30 p.m. and on Father's Day the child shall always be with Father from Friday evening at 6:30 p.m. through Sunday at 6:30 p.m. Father shall have custody of the child for Memorial Day and Labor Day each year from Friday at 6:30 p.m. through Sunday at 6:30 p.m. Mother shall have custody of the child for July 4a' each year from 9:00 a.m. to 9:00 p.m. unless July 0 falls on a weekend, then Mother shall have custody of the child from Friday at 6:30 p.m. to Sunday at 6:30 p.m. For the Christmas holiday, the holiday will consist of the time that the child is off of school. Mother will always have custody of the child from Christmas Eve through Christmas Day. Father will always have custody of the child from December 26th at 9:00 a.m. through December 27t` at 9:00 p.m. Father shall then have custody of the child for one half of the child's remaining vacation time from school. Father and Mother shall work together on a yearly basis to determine which half of the Christmas vacation Father will have custody of the child. Father and Mother shall make that determination, in writing, no later than the Thanksgiving Day each calendar year. For the Thanksgiving holiday, Father shall always have custody of the child from her last day of school preceding Thanksgiving break, through 6:30 p.m. the day before she goes back to school. For the Easter holiday, Mother shall always have custody of the child for Easter from Friday at 6:30 p.m. through Sunday at 6:30 p.m. e. In the event that either parent, during their respective scheduled periods of custody, would need to leave the Child for a period of at least thirty-six (36) hours, the custodial parent will first check with the non-custodial parent to ascertain if the non-custodial parent is available to watch the child. In the event that neither parent is able to watch the child, the custodial parent will then be responsible for obtaining the appropriate supervision for the child. f. The parties shall provide the child with any and all of her prescribed medications and/or medications recommended by the child's physician, during their period of custody. The custodial parent shall provide information regarding the child's medications and medication regiment via email prior to the commencement of the non-custodial parent's period of custody. The primary custodian shall provide the non-custodial parent with two (2) extra pills, a one weekend supply, of the Child's Stratera (or any other medication needed by the Child, daily, on an ongoing basis. This would be in the event that the Child would forget her medication when going to the non-custodial parent's residence for a custodial period. In the event that the non-custodial parent's supply of prescription medication would be used or should it expire, it will be the responsibility of the non-custodial parent to notify the custodial parent of the need to replenish the supply. Any other prescription medications that the Child would happen to be on for a brief period of time (antibiotics, etc) will need to be sent back and forth between the households. 4 The child is usually off of school until the Tuesday following the Thanksgiving holiday due to the school being closed for the first day of deer season. g. 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 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 previously-scheduled 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. 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 the parties do not agree that the child should participate in a proposed activity which occurs during both parents' periods of custody, the party who does not agree to the child's participation in the proposed activity shall not be required to transport the child to the 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. h. The custodial parent shall ensure that the child complete any and all school assignments or projects during their period of custody and the custodial parent shall initial the child's agenda book confirming the completion of the child's assignments or projects. A parent's period of custody shall be defined as the parent who will be exercising the over night period of custody with the child. So, Monday through Thursday, and her weekend periods of custody, Mother will be responsible for ensuring completion of homework and projects. Friday through Sunday during his periods of custody, Father will be responsible for ensuring completion of homework and projects. In the event that the Child forgets to bring her work to Father's for a weekend visit, Father will immediately notify Mother via email so that Mother can obtain the work from the school, if necessary. i. 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. j. In the event that either party is planning to take the child away from home for an overnight trip exceeding forty-eight (48) hours, they shall provide the non-custodial parent with reasonable notice and contact information where the child will be staying. k. 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. 1. 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 the child to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 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 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. 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 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 any of 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 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. p. Neither party shall drink to the point of intoxication when the child is in their custody. q. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the child and each parent. T. Neither parent shall move with the Child without providing the other parent 60 days' advance written notice of the intention to move to a location outside of the current school district in which they reside: Mother in the Shippensburg School District and Father in the Lower Dauphin School District, so the parties can have time to discuss and negotiate an alternative custody schedule, if necessary. S. Both parents shall ensure that the child only watch media or entertainment, including but not limited to movies, television, games, videos, and internet that comports with the current rating schedule for viewers, including but not limited to "unrated" materials. The child currently shall be permitted to watch up through the PG-13 rating so long as there is no nudity or sexual content. t. 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. U. This Stipulation, Agreement and/or Order supercedes all previous custody Agreements and/or Orders. Respectfully Submitted, DALEY ZucKER MEILTON MINER & GINGRICH, LLC By. - Y ay, rsquire A mey I. o. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff VERIFICATION AND CONFIRMATION OF STIPULATION/AGREEMENT We, MARK A. NOEL, and ANGELA D. BURKET, hereby verify that the facts set forth in this Complaint 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: (3 Z - v 9 Date: j -') '- U q ev I'd Mark A. Noel, Plaintiff An ela , efe nt 0), F1 -onr F THE' r V CKAL 33 $ 3 JUN 0 q 2009 '2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK A. NOEL, Plaintiff V. ANGELA D. BURKET, Defendant CIVIL ACTION - CUSTODY Docket No. 2009 - .307 0".". L(In Custody) 11 ORDER OF COURT AND NOW, this. - day of 2009, upon presentation and consideration of the within Complaint 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, Cierra Faith Noel. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life 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 their 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 on custodial periods immediately preceding or during Father's period of custody, Mother will notify Father as soon as practicably possible. Each parent shall provide names, addresses, and telephone numbers for all of 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 written request. The custodial parent shall notify the other parent I ` 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. 2) 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: Father shall have custody of the child every other weekend from Friday to Sunday'. The parties are already involved in a custodial schedule with this rotation. This Order shall not alter said weekend rotation. All exchanges on Fridays, unless otherwise agreed, are to occur at the The child is currently involved in soccer in both the spring and fall. For so long as the child remains in an activity that is agreed upon by the parties, Father will agree to forfeit his Friday night period of partial custody with the child. When the child is involved in an activity agreed upon by the parties, Father shall pick the child up',in Shippensburg after the child's activity obligations are completed on Saturdays of his weekends. I McDonald's in Mechanicsburg, Pennsylvania at 6:30 p.m. All exchanges on Sundays are to occur at 6:30 p.m. at the Country Club Diner in Carlisle, Pennsylvania. The parties agree to cooperate with one another in order to ensure that Father and Mother maintain a meaningful, loving relationship with the child. 3) Traiisportation for custody purposes shall be divided by the parties as equally as possible, with the parties meeting at the designated meeting point for most custody exchanges, unless specifically provided herein or agreed otherwise. 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 be as follows: On Mother's Day the child shall always be with Mother from Friday evening at 6:30 p.m. through Sunday at 6:30 p.m. and on Father's Day the child shall always be with Father from Friday evening at 6:30 p.m. through Sunday at 6:30 p.m. Father shall have custody of the child for Memorial Day and Labor Day each year from Friday at 6:30 p.m. through Sunday at 6:30 p.m. Mother shall have custody of the child for July 4th each year from 9:00 a.m. to 9:00 p.m. unless July 4t' falls on a weekend, then Mother shall have custody of the child from Friday at 6:30 p.m. to Sunday at 6:30 p.m. For the Christmas holiday, the holiday will consist of the time that the child is off of school. Mother will always have custody of the child from Christmas Eve through Christmas Day. Father will always have custody of the child from December 26 h at 9:00 a.m. through December 27th at 9:00 p.m. Father shall then have custody of the child for one half of the child's remaining vacation time from school. Father and Mother shall work together on a yearly basis to determine which half of the Christmas vacation Father will have custody of the child. Father and Mother shall make that determination, in writing, no later than the Thanksgiving Day each calendar year. For the Thanksgiving holiday, Father shall always have custody of the child from her last day of school receding Thanksgiving break, through 6:30 p.m. the day before she goes back to school. For the Easter holiday, Mother shall always have custody of the child fbr Easter from Friday at 6:30 p.m. through Sunday at 6:30 p.m. 5) In the event that either parent, during their respective scheduljed periods of custody, would need to leave the Child for a period of at least thirty-six (36) hours, the custodial parent will first check with the non-custodial parent to ascertain if the non-custodial parent is available to watch the child. In the event that neither parent is able to watch the child, the custodial parent will then be responsible for obtaining the appropriate supervision for the child. 6) The parties shall provide the child with any and all of her prescribed medications and/or medications recommended by the child's physician, during their period of''custody. The custodial parent shall provide information regarding the child's medications and medication regiment via email prior to the commencement of the non-custodial parent's period of custody. The primary custodian shall provide the non-custodial parent with two (2) extra pills, a one weekend supply, of the Child's Stratera (or any other medication needed by the Child, daily, on an ongoing basis. This would be in the event that the Child would forget her medication when going to the non-custodial parent's residence for a custodial period. In the event that the non-custodial parent's supply of prescription medication would be used or should it expire, it will be the responsibility of the non-custodial parent to notify the custodial parent of the need to replenish the supply. Any other prescription medications that the Child would happen to be on for a brief period of time (antibiotics, etc) will need to be sent back and forth between the households. Z The child is usually off of school until the Tuesday following the Thanksgiving holiday clue to the school being closed for the first day of deer season. 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 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 previously-scheduled 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. 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 io said activity. If the parties do not agree that the child should participate in a proposed activity which occurs during both parents' periods of custody, the party who does not agree to the child's participation in the proposed activity shall not be required to transport the child to the 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 complete any and all school assignments or projects during their period of custody and the custodial parent stall initial the child's agenda book confirming the completion of the child's assignments or projects. A parent's period of custody shall be defined as the parent who will be exercising the over night period of custody with the child. So, Monday through Thursday, and her weekend periods of custody, Mother will be responsible for ensuring completion of homework and projects. Friday through Sunday during his periods of custody, Father will be responsible for ensuring ',completion of homework and projects. In the event that the Child forgets to bring her work to Father's for a weekend visit, Father will immediately notify Mother via email so that Mother can obtain the work from the school, if necessary. 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 the child away from home for an overnight trip exceeding forty-eight (48) hours, 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 expectedh 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 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 the 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, 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 any of 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. 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 faster a loving, meaningful relationship between the child and each parent. 18) Neither parent shall move with the Child without providing the other parent 60 days' advance written notice of the intention to move to a location outside of the current school district in which they reside, the Shippensburg School District for Mother and the Lower Dauphin School District for Father, so the parties can have time to discuss and negotiate an alternative custody schedule, if necessary. 19) Both parents shall ensure that the child only watch media or entertainment, including but not limited to movies, television, games, videos, and internet that comports with the current rating schedule for viewers, including but not limited to "unrated" materials. The child currently shall be permitted to watch up through the PG-13 rating so long as there is no nudity or sexual content. 20) 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. 21) This Stipulation, Agreement and/or Order supercedes all previous custody Agreements and/or Orders. BY r J. FILEt740F (',c OF THE °=?'r, :'?ARY 2009 JUN 10 Air 8: 3 4 UNI; !??lDID?i - Lroes rn2l? I r