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HomeMy WebLinkAbout10-0394Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 telephone (717) 657-7797 fax Attorney for Plaintiff BLED-O! F ICE THIE P 0`H, ,N')TAAY 2010 JAN IS PM ?: 05 JASON F. NIMTZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -v- : NO. l 3?l G' I ?crk KAJUAN GREGG : CIVIL ACTION Defendant : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Jason F. Nimtz, by and through his attorney, Debra R. Mehaffie, of Scaringi & Scaringi, P.C., who files the following Complaint for Custody and in support thereof, avers as follows: 1. The Plaintiff is Jason F. Nimtz, an adult individual who resides at 6320 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania, 17025. He is the natural father of the subject minor child and he is referred to herein as "Father." 2. The Defendant is Kajuan Gregg, an adult individual who resides at 92 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. She is the natural mother of the subject minor child and she is referred to herein as "Mother." 3. Plaintiff and Defendant are the parents of one (1) minor child, namely Alyssa Maye Gregg, born January 4, 2009. 4. Alyssa is presently in the physical custody of Mother who resides at 92 Regency Woods North, Carlisle, Pennsylvania 17013. /79. D? ,mod ? ?` a3? 3r?7 5. The minor child was born out of wedlock. 6. During the past five years, Alyssa has resided with the following persons and at the following addresses: ADDRESSES PERSONS DATES A location in North Carolina 92 Regency Woods North Carlisle, Pa 17013 Kajuan Gregg Twila & Larry Whitley Nathanial Gregg (age 4) Kajuan Gregg Twila & Larry Whitley Nathanial Gregg (age 4) unknown unknown - present The relationship of Plaintiff to the subject minor children is that of natural Father. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Julie M. Couchman girlfriend Nathan Clapsaddle (age 10) Ms. Couchman's son The relationship of Defendant to the subject minor children is that of natural mother. The Defendant currently resides with the following persons: NAME Twila Whitley Larry Whitley Nathanial Gregg Alyssa Gregg RELATIONSHIP Defendant's Mother Defendant's Step-Father Defendant's son Defendant's daughter 7. Father is requesting that a Temporary Order be entered precluding Mother from relocating the minor child from the jurisdiction of Cumberland County pending further Order of Court due to Father's concerns that Mother may move the child to North Carolina upon her receipt of this Custody Complaint. Father is simultaneously filing a Petition for Emergency Relief with this Complaint for Custody. 2 8. Father further requests that an Order be entered granting shared legal custody to the parties, primary physical custody to him and that Mother be awarded reasonable periods of supervised visitation. 9. The best interests and permanent welfare of Alyssa will be served by granting Father shared legal and primary physical custody because he is better able to provide a secure, nurturing and stable environment for Alyssa: A. Father can provide a stable, safe and secure environment and can provide for Alyssa's emotional, psychological and spiritual needs. B. Father desires to build a loving and stable relationship with his child and believes that the child will look to him as a source of love and emotional support. C. Mother has moved the child several times during Alyssa's first year of life. D. Father has stable employment. E. Father owns his home and his able to provide a loving, secure home for Alyssa. F. Mother has refused to allow Father to have any time with the child, thus improperly interfering in the parent-child relationship and alienating the child from her father. G. Mother has threatened to remove the child to North Carolina on several occasions and Father believes that Mother has the means and opportunity to move the child. It is believed that Mother's parents have property in North Carolina and that they would fully support her in moving to that state to avoid Father's involvement with Alyssa. H. Cumberland County Children & Youth Services have investigated several allegations concerning Mother's care of Alyssa. 1. Father is concerned that Mother does not provide Alyssa with proper food, clothing and basic needs. 3 10. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another court 11. Each parent whose parental rights to the subject minor children have not been terminated and the person who has physical custody of the subject minor children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the subject minor children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests this Honorable Court enter a Temporary Order forbidding Mother from relocating the minor child Alyssa Maye Gregg from Cumberland County pending further order of court. Father further requests that this Court grant shared legal custody to the parties, primary physical custody of the minor child to him and grant reasonable periods of supervised visitation to Mother. submitted, Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 U Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Attorney for Plaintiff 4 VERIFICATION I, Jason F. Nimtz, verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. i io Date g?7 6i9L ason F. Nimtz, Plainti Debra R. Mehaffie, Esquire Attorney I.D. No. 90951 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 telephone (717) 657-7797 fax Attorney for Petitioner FILEt0- CE n- Tf aE FF7, "?'J%aRY 2010 JAIL 15 PM 4: 07 CUM' JASON F. NIMTZ Petitioner/Plaintiff -v- KAJUAN GREGG . Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 'o .? cJ y C cam, -T ?-lw? CIVIL ACTION IN CUSTODY PETITION FOR EMERGENCY CUSTODY RELIEF PURSUANT TO Pa. R.C.P. 1915.13 AND NOW, comes the Petitioner, Jason F. Nimtz, by and through his attorney, Debra R. Mehaffie, of Scaringi & Scaringi, P.C., who files the following Petition for Emergency Custody Relief and in support thereof, avers as follows: 1. The Petitioner is Jason F. Nimtz, an adult individual who resides at 6320 Blue Mountain Trail, Enola, Cumberland County, Pennsylvania, 17025. He is the natural father of the subject minor child and he is referred to herein as "Father." 2. The Respondent is Kajuan Gregg, an adult individual who resides at 92 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013. She is the natural mother of the subject minor child and she is referred to herein as "Mother." 3. The minor child is Alyssa Maye Gregg, born January 4, 2009. 4. Alyssa is presently in the physical custody of Mother who resides at 92 Regency Woods North, Carlisle, Pennsylvania 17013. 7? • fX.? Pd u4 D.3?3V7 5. During the past five years, Alyssa has resided with the following persons and at the following addresses: ADDRESSES PERSONS DATES A location in North Carolina 92 Regency Woods North Carlisle, Pa 17013 Kai uan Gregg Twila & Larry Whitley Nathanial Gregg (age 4) Kajuan Gregg Twila & Lang Whitley Nathanial Gregg (age 4) unknown unknown - present The relationship of Petitioner to the subject minor children is that of natural Father. The Petitioner currently resides with the following persons: NAME RELATIONSHIP Julie M. Couchman girlfriend Nathan Clapsaddle (age 10) Ms. Couchman's son The relationship of Respondent to the subject minor children is that of natural mother. The Respondent currently resides with the following persons: NAME Twila Whitley Larry Whitley Nathanial Gregg Alyssa Gregg RELATIONSHIP Defendant's Mother Defendant's Step-Father Defendant's son Defendant's daughter 6. Simultaneous with the filing of this Petition, Petitioner filed a Custody Complaint with this Honorable Court, and is awaiting a Conciliation appointment from the court. 7. Father is concerned that Mother will abscond from the jurisdiction of Cumberland County, Pennsylvania upon her receipt of Father's Custody Complaint. 8. Mother has threatened to remove Alyssa to North Carolina on several occasions. 9. Father believes that Mother actually removed Alyssa to North Carolina on at least one prior 2 occasion and that she has the means to move the child from the jurisdiction of Cumberland County, Pennsylvania. 10. Father believes that Mother's parents have property in North Carolina and would fully support Mother's relocation with the minor child to North Carolina to avoid Father's involvement with the child. 11. Mother recently told family that she intends on removing the child to North Carolina and that Father would never see the child or be involved with her. 12. Father believes that Mother is currently unemployed and has no significant ties to Cumberland County, Pennsylvania. 13. In order to protect Alyssa, Father is requesting that a Temporary Order be entered precluding Mother from relocating the minor child from the jurisdiction of Cumberland County, Pennsylvania pending further Order of Court. 14. Petitioner has not participated as a party or witness or in another capacity in other litigation concerning the custody of the child in this or another court. 15. Each parent whose parental rights to the subject minor child have not been terminated and the person who has physical custody of the subject minor child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the subject minor child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Petitioner requests this Honorable Court enter a Temporary Order forbidding Respondent from relocating the minor child Alyssa Maye Gregg from Cumberland County, Pennsylvania pending further Order of Court. 3 Respectfully submitted, ti Ajttomey I.D. No. 90951 L r00 ngi & Scaringi, P.C. Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 ' i VERIFICATION I, Jason F. Nimtz, verify that the statements made in this Petition for Emergency Custody Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. 1 / /O Dale Jason ?Fin?tz, PI 5 J BLED -? µ'? "?Ca-E- THE --!") , F', .? i ; ..;TA JAN 1s zo%, 2010 JANAQ AN 9: 39 JASON F. NIMTZ =t•1 j IN THE COURT OF COMMON PLEAS Petitiong?tf'4, CUMBERLAND COUNTY, PENNSYLVANIA -V- :NO. is 3Sy KAJUAN GREGG . : CIVIL ACTION Respondent/Defendant : IN CUSTODY ORDER III AND NOW, this day of January, 2010, upon consideration of the Petition for Emergency, it is here by ORDERED that the Petition is GRANTED. The minor child Alyssa M. Gregg, born January 4, 2009 shall not be removed from the jurisdiction of Cumberland County, Pennsylvania pending further order of this Court or written agreement of the parties. A custody conciliation conference shall be promptly scheduled. BY THE COURT: '71 ?p JIF J. Distribution: ?Debra R. Mehaffie, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, Pa 17110 juan Gregg, 92 Regency Woods North, Carlisle, Pennsylvania 17013 ?on F. Nimtz, 6320 Blue Mountain Trail, Enola, Pennsylvania 17025. 0-co-D '£s m-avLL .?n'? 1 JASON F. NIMTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KAJUAN GREGG DEFENDANT 2010-394 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, January 22, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Februarv 18, 2010 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. ? _ 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 LE(JAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 G ° r on 1 y' '?Ot4 ??? 22 ?? -y JASON F. NIMTZ, Plaintiff -v- KAJUAN GREGG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-394 CIVIL ACTION IN CUSTODY cy'? rv Cad c 1 ':1 i FT I AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF DAUPHIN I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C., being duly sworn according to law, depose and say that a true and correct copy of the Petition for Emergency Custody Relief Pursuant to Pa. R. C. P. 1915.13 and Order of Court dated January 19, 2010 in the above-captioned custody action was served by Certified Mail, Return Receipt, Restricted Delivery upon Defendant KAJUAN GREGG, on January 23, 2010 as evidenced by the attached green card and printout from www.usps.com. To the best of my knowledge, the signature on the attached green card is that of KAJUAN GREGG. I to +Datd Sworn to and subscribed before me this -:I Q, 4 1, day of c r 2010. Notary Public My Commission Expires: ?Il?l?wrw.r NgTIMMAI. ?EJIL "my heft I NO INGU NANMA 7W,, DAU"M COURW 04WOWN bpkn Jun 2, 2012 L7111GUI%AU L. L111V1 JV11 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 JA38.lAlll CM MA M OWAMW ~Vow YTVAUna NIH"O qW1 AMARIiS1111M yfu .1 ne4as*$3fed1o w w I no -1 1 USPS - Track & Confirm r U1Ut1TED5"ir,+ MS P TU SERV * Page 1 of 1 Home I Help I Track & Confirm Track Confirm Search Results Label/Receipt Number: 7009 1680 0000 4247 9496 ----- -_.... -..__._-._..- Service(s): Certified Mail" 'M'ack & Coiliftm Status: Delivered Enter Label/Receipt Number. Your item was delivered at 12:55 PM on January 23, 2010 in CARLISLE, PA 17015. i iificatisn optif Track & Confine by email Get current event information or updates for your item sent to you or others by email.> Site Map Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer Gate+ Copyright© 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA ¦ Complete Items 1, 2. and 3. Also complete Item 4 It Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. ?Y vl? COV 0 Avant j 0 Addressee B. R (Pr! N ) , C. Date of DeYwry 1 11 kifl trio] 1. Article Addressed to: D. Is delivery address dlftererrt from Item 1? 0 Yes M YES, enter delivery address below: 0 No SAN 2 02010 CrCertlfied Mail 0 Express Mail 0 Registered 0 Return Recelpt for Merohandee 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 yes 2' ArtideNumber 7009 1680 0000 4247 9496 mairafar ham SWWc+.Ir W Ps Form 3811, February 2004 Domestic Rstum Recelpt 102ee5-0244-1540 http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabelInquiry. do 1/26/2010 JASON F. NIMTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA _v- : NO. 2010-394 KAJUAN GREGG, : CIVIL ACTION n. ° (D Defendant : IN CUSTODY . s=; n r M ?3 . F AFFIDAVIT OF SERVICE " _ -- m COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF DAUPHIN I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C., being duly sworn according to law, depose and say that a true and correct copy of the Custody Complaint and Order of Court dated January 22, 2010 in the above-captioned custody action was served by Certified Mail, Return Receipt, Restricted Delivery upon Defendant KAJUAN GREGG, on February 4, 2010 as evidenced by the attached green card and printout from www.usps.com. To the best of my knowledge, the signature on the attached green card is that of KAJUAN GREGG. OAA Dated i Amanda L. Emerson Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Sworn to and subscribed before me this cl day of b r , 2010. Notary Public My Commission Expires: NOTARK SEAL OOMMNC M FUME No" Fvbk KQOUB~ TWN OAUPlNN COUNTY My Commission Expires Jun 2, 2012 JA;8 JARARM W M :)MOW 3"Vel vow USPS - Track & Confirm Page 1 of 1 OWED *rTWES "AMAL ZRVICE* Home I Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7009 1680 0000 4247 9502 Service(s): Certified Mail" Status: Delivered Track & Confiim Enter Label/Receipt Number. Your item was delivered at 12:51 PM on February 4, 2010 in CARLISLE, PA 17015. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Site Map Customer Service Forms Gov't Services Careers Copyright@ 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA ¦Complete Items 1, 2, and 3. Also complete Item 4 N Restricted DelNery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Y, ?2- toG?-s Privacy Policy Terms of Use Business Customer Gater A. SI ? X O Agent Addressee B. Received by ( nted Date of DellvM D. Is delivery address cinment from Rem 1? 0 Yes M YES, enter delivery address below: 0 No 3. Mail 0 13 Registered 0 Insured Mail 4. Restricted Deliver 2..,Ar t,Um'ber 7009 1680 0000 4247 (lfwnfsrfom so Ps Forth 3811, Febnmvy 2004 Domestic Ream Reoelpt 0 Express Mail 0 Ftatum Receipt for MeiidwWlse 0 C.O.D. V? (left Fee) 13 Yee 9502 102505494A-IM, http://trkenfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 2/9/2010 • FEB JASON F. NIMTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAlgk vs. CIVIL ACTION -LAW M ii KAJUAN GREGG, rv NO. 2010-394 N :? rrr-.-,, _ r=. Defendant IN CUSTODY < COURT ORDER 'x 0z AND NOW, this day of February, 2010, upon consideration of the attached Custody Conciliation Report, the following TEMPORARY Custody Order is entered: 1. The mother, Kajuan Gregg, and the father, Jason F. Nimtz, shall enjoy shared legal custody of Alyssa Mae Gregg, born January 4, 2009. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. For the weekends of February 20`h and February 27`h, on both Saturday and Sunday from 9:00 a.m. until 6:00 p.m.; B. Starting the weekend of March 51h, for the weekend of March 5`h and March 12`h Father shall have custody at 9:00 a.m. Saturday through Sunday at 6:00 p.m. Also starting on March 10"', the Father shall have custody every Wednesday from 3:00 p.m. until 6:00 p.m. C. Starting the weekend of March 19`h, Father shall have custody from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 4. Legal counsel for the parties shall conduct another custody conciliation conference which will be via telephone with the Conciliator on Tuesday, March 16, 2010, at 8:00 a.m. 5. It is understood that there will be no formal relocation of the Mother for her residence from Pennsylvania to out of state pending further order of this Court or agreement of the parties. BY THE COURT, ge cc: bra R. Mehaffie Esquire Jessica C. D. Holst, Esquire n ? r . Qepr I rn? ? `5 . L P-4 -? fa JASON F. NIMTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW KAJUAN GREGG, NO. 2010-394 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 • The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alyssa Mae Gregg, born January 4, 2009 2. A Conciliation Conference was held on February 18, 2010, with the following individuals in attendance: the mother, Kajuan Gregg, who appeared with her counsel, Jessica C. D. Hoist, Esquire, and the father, Jason F. Nimtz, with his counsel, Debra R. Mehaffie, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: February 2010 4 v Hubert X. Gilroy, quire Custody Concilia r i JASON F. NIMTZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. KAJUAN GREGG, DEFENDANT 10-394 CIVIL TERM ORDER OF COURT AND NOW, this ,~a ~ day of June, 2010, upon consideration of the petition for leave to withdraw as counsel, defendant's answer to the petition and plaintiff's motion to make rule absolute, IT IS ORDERED that said petition is GRANTED. Scaringi &Scaringi, P.C. and Debra R. Mehaffie, Esquire, are withdrawn as counsel for plaintiff Jason F. Nimtz in the above-captioned matter. As previously ordered, the court shall hold a hearing on July 21, 2010 at 9:30 a.m., at which plaintiff should be prepared to proceed with or without counsel. By the Court, Albert H. Masland, J. Jason F. Nimtz 6320 Blue Mountain Trial E~nola, PA 17025 ~ Jessica Holst, Esquire For Defendant Debra R. Mehaffie, Esquire sal ~-O'~t~ES rh~„t l£c~ ?~~~~ v ~'r'~ o '° z m •i ~ ~; .~ ~-- ~.: _~ -, ,, ~- x,_ ._~_. , ~r a -+ ~~, =~ .x JASON F. NIMTZ, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2010-394 CIVIL TERM KAJAUN GREGG, :CUSTODY Defendant . ~~ ti c- `~ -~ o ~ r~,, ORDER OF CUSTODY ~ - ; ; ~, ~ ~.: /fr ~ ~.~ AND NOW, this ~< day of u wf 2010, the custody of the minor c,~iil~i, A~ssa ._ , c ~- ~-~ , f-1~ Mae Gregg, born January 4, 2009, shall be set forth as follows: ~ G~' <; c:,; :.~ 1. Legal Custody: The parties will share joint legal custody of Alyssa Mae Gregg, born January 4, 2009, age 1 1/2 years old. The parties agree that major decisions concerning Alyssa, including, but not necessarily limited to, Alyssa's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Alyssa's best interest. Each party agrees not to impair the other party's rights to shared legal custody of Alyssa. Each party agrees not to attempt to alienate the affections of Alyssa from the other party. Each party shall notify the other of any activity or circumstance concerning Alyssa 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 Alyssa 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 pazent authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a pazticulaz school or school program, advancing or holding Alyssa back in school, authorizing enrollment in college, authorizing Alyssa's driver's license or purchase of an automobile, authorizing employment, authorizing Alyssa's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. The pazent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of Alyssa, and shall appropriately notify the other pazent of any changes in health or educational progress. Each pazent shall execute any and all legal authorizations so that the other parent may obtain information from Alyssa's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 2. Mother shall be permitted to relocate to North Carolina with the minor child, Alyssa Gregg. 3. Physical Custody shall be as follows: a. Prior to Alyssa beginning school: i. The parties shall share physical custody of Alyssa on a rotating two week schedule with exchanges taking place on Sunday at 3:00 p.m. ii. Additional times as agreed upon between the parties. iii. Holidays: 1. The Parties shall alternate the major holidays of Easter, Thanksgiving and Christmas with Father having Thanksgiving in 2010, Mother having Christmas in 2010, Father having Easter in 2011 and so forth. 2. Mother shall always have Alyssa for the weekend of Mother's Day. 3. Father shall always have Alyssa for the weekend of Father's Day. 4. The Parties shall work together to coordinate other holidays throughout the year. b. After Alyssa begins school: i. Mother shall have primary physical custody during the school year. ii. Father shall have partial physical custody: 1. Beginning the second Sunday after school is out for the summer until the Sunday two weeks prior to the start of the new school year. 2. During Alyssa's extended periods of vacation during the school year, including Winter Break and Spring Break. 3. During extended weekends when Alyssa does not have school on a Friday or Monday. The parties will work together to coordinate the dates and times for these exchanges. iii. Holidays: 1. The Parties shall continue to alternate the major holidays of Easter, Thanksgiving and Christmas. 2. Mother shall always have Alyssa for the weekend of Mother's Day. 3. Father shall always have Alyssa for the weekend of Father's Day. 4. The Parties shall work together to coordinate other holidays throughout the year. iv. Mother shall have at least one weekend per month to visit in Pennsylvania with Alyssa during the summers when Alyssa is with Father. The parties will work together to coordinate when those visits will take place. 4. Transportation shall be through the parties meeting at a halfway location between Mother's residence in North Carolina and Father's residence in Pennsylvania. That location shall be determined jointly by the parties. 5. When either parent travels with Alyssa, that parent will provide the other parent with all pertinent travel information including travel arrangements and itineraries, flight dates and times, lodging information, and a contact number for the period of travel. 6. Mother and Father shall permit and support Alyssa's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time and date variations to the other parent when special recreational options or other unexpected opportunities arise but such proposals shall be made with 30 days notice to the other party. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for Alyssa which might interfere with regular visitation. 7. Each parent will exercise care in screening babysitting/childcare providers. The telephone numbers of these providers will be provided to both parents. Parents should provide one another with a phone number and address where the children may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. 8. Each parent should be promptly and politely responsive to the other parent's telephone calls. 9. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 10. Telephone contact: Each parent shall be entitled to reasonable telephone contact with Alyssa. 11. Beyond Mother's relocation to North Carolina, neither party shall relocate with Alyssa without written agreement by the other parent or a court order. 12. No Conflict Zone: Each parent shall refrain from encouraging Alyssa to provide reports about the other parent. Communication should always take place directly between the parents, without using Alyssa as an intermediary. Each parent shall encourage Alyssa to send the appropriate holiday cards to the other parent. 13. The parties shall be entitled to custodial time outside the parameters of this Order so long as the parents agree to such changes or additions to the regular custody schedule. The parties also recognize that by agreement, they may make any changes, alterations or additions to any portion of this Order. In the case of a disagreement regarding such changes, the parties shall follow the custody schedule as outlined in this Order. BY THE COURT: Albert H. Masland, Judge ~~ t ES iri,3c 1 J. l~~~Z. ~/~~.! ~a `-~'l