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HomeMy WebLinkAbout02-0630TAMMY M. GERACI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.O;L+ Wo CIVIL GASPER C. GERACI, CIVIL ACTION - LAW Defendant CUSTODY C.'OMPLA 3U FOR CUSTODY 1. The Plaintiff is TAMMY M. GERACI, residing at 33 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Gasper C. Geraci, residing at 721 Alberto Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks custody of the following children: NAME PRESENT ADDRESS AGE Joseph A. Geraci Nicholas A. D. Geraci The children were not born out of wedlock. The children are presently in the custody of Plaintiff who resides at 33 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania 17011. Since birth, the children have resided with the following 33 Heidi Terrace, Camp Hill, PA 17011 33 Heidi Terrace, Camp Hill, PA 17011 4 (dob 4/15/97) 3 (dob 7/7/98) persons at the following addresses: PERSON ADDRESS DATE Plaintiff & Defendant 721 Alberto Avenue, Birth - Mechanicsburg, PA 17050 6/01 Plaintiff 593-11 Genova Drive 6/01 - Mechanicsburg, PA 17050 12/01 Plaintiff 33 Heidi Terrace, 12/01 - Camp Hill, PA 17011 Present The mother of the children, Plaintiff Tammy M. Geraci, is currently residing at 33 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania 17011. She is married to Defendant. The father of the children, Defendant Gaspere C. Geraci, is currently residing at 721 Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17050. He is married to Plaintiff. 4. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with the children. 5. The relationship of Defendant to the children is that of father. The Defendant currently resides with a friend. 6. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the said children. 7. The best interests and permanent welfare of the subject children will be served by granting Plaintiff primary physical custody of them because she is better able than Defendant to nurture and care for them and to establish for them a stable environment in which to live. 8. Each parent whose parental rights to the children has not been terminated and the persons who have physical custody of the children has been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her custody of the children the subject hereof. Respectfully Submitted: 1/30/02 T? "?"` (1 ( DATED: HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. a DATED: 1/30/02 TAMMY M. GERACI E- -, TirA aj - v C? c C 7 L) ? t L ? _I v j7 C2? ? TAMMY M. GERACI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 02-630 CIVIL ACTION LAW GASPER C. GERACI DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 12, 2002 , 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 Thursday, March 07, 2002 at 10:00 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. All children age five or older may also be present at the conference. 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/ awn Sunday. Esa 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?ww t3 °s TAMMY M. GERACI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 02-630 CIVIL ACTION LAW GASPER C. GERACI, Defendant IN CUSTODY ORDER OF COURT AND NOW, this VA day of Y J , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tammy M. Geraci, and the Father, Gasper C. Geraci, shall have shared legal custody of Joseph A. Geraci, born April 15, 1997, and Nicholas A. D. Geraci, born July 7, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends from Friday after work when the Father shall pick up the Children at daycare through Monday morning when the Father shall transport the Children back to daycare. B. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Children on Tuesday and Wednesday from 5:30 p.m. through 9:00 p.m. C. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Children from Tuesday at 5:30 p.m. through Wednesday morning before work, and on Wednesday evening for a 1 1/2 hour period for dinner. D. The Father may have custody of the Children at any additional times if arranged by agreement of the parties. E. The Mother shall have custody of the Children at all times not otherwise specified for the Father. 3. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 4. In the event either party is unavailable to provide care for the Children during his or her period of custody for three hours or more, that party shall first contact the other party to offer the opportunity to provide care for the Children before making arrangements for a third party caregiver. The parties shall cooperate in scheduling makeup periods of custody as permitted by both parties schedules on limited occasions when an adjustment to the custody schedule is necessary due to exigent circumstances. 5. The parties and counsel shall attend an additional Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, on Tuesday, June 11, 2002, at 1:00 p.m., for the purpose of reviewing the custody arrangements, if necessary. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. 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: Herschel Lock, Esquire - Counsel for Mother LeRoy Smigel, Esquire - Counsel for Father 63-, R ?r -Y j o U TAMMY M. GERACI, Plaintiff vs. GASPER C. GERACI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-630 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joseph A. Geraci April 15, 1997 Mother Nicholas A. D. Geraci July 7, 1998 Mother 2. A Conciliation Conference was held on March 7, 2002, with the following individuals in attendance: The Mother, Tammy M. Geraci, with her counsel, Herschel Lock, Esquire, and the Father, Gasper C. Geraci, with his counsel, LeRoy Smigel, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esqu' Custody Conciliator JOSEPH WILLIAM GOCHENAUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-630 CIVIL ACTION LAW JENNIFER ANN CROUSE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2-7, day of MA-A , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Joseph W. Gochenaur, and the Mother, Jennifer A. Crouse, shall have shared legal custody of Brock Joseph Gochenaur, born January 22, 1997. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. During the school year, the Mother shall have primary physical custody of the Child and the Father shall have partial custody on alternating weekends from Friday at 6:00 p.m. through Sunday at 7:00 p.m. and for one weekday overnight period of custody each week upon providing notice to the Mother at least one day in advance. The alternating weekend periods of custody shall begin with the Father having custody on Friday, March 22, 2002. 3. During the summer school break each year, the parties shall share having custody of the Child on an alternating weekly basis, with the exchange to take place every Friday at 6:00 p.m. Each party shall also have the option to have custody of the Child for up to three consecutive weeks for vacation each summer upon providing 60 days advance notice to the other party. In 2002, the summer custody schedule shall begin with the Father receiving custody on the Friday following Memorial Day as the Child is not currently in school. In future years, the summer custody schedule shall begin with the Father receiving custody on the first Friday after termination of the school year. The school year schedule shall resume with the Mother receiving custody one full week prior to the beginning of school each year and the Father shall have custody on the first weekend following the first day of school. 4. When the Father works during his alternating weeks of custody during the summer and the Mother is available to provide care, the Mother shall pick up the Child at the Father's residence before work and the Father shall pick up the Child at the Mother's residence after work. csao- CQ G:) 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: In even numbered years, the Father shall have custody of the Child from Christmas Eve at 6:00 p.m. through January 1 at 6:00 p.m. During odd numbered years, the Mother shall have custody of the Child from Christmas Eve through December 26 at 10:00 a.m. and the Father shall have custody from December 26 at 10:00 a.m. through January 1 at 6:00 p.m. B. THANKSGIVING: The Thanksgiving holiday shall run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 6:00 p.m. The Mother shall have custody of the Child over Thanksgiving in even numbered years and the Father shall have custody in odd numbered years. C. EASTER: The Easter holiday shall run from Friday at 6:00 p.m. through Sunday at 7:00 p.m. The Mother shall have custody over the Easter weekend in even numbered years and the Father shall have custody in odd numbered years. In the event a party's Easter holiday period of custody supercedes the other party's regular weekend period of custody, the alternating weekend schedule shall be adjusted on the immediately following weekend to allow a makeup weekend for the party missing custody on the holiday. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody every year on Mother's Day and the Father shall have custody every year on Father's Day from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. E. MEMORIAL DAY/LABOR DAY: The party who has custody of the Child under the regular alternating weekend schedule over the weekend immediately preceding Memorial Day and/or Labor Day shall retain custody through the holiday at 7:00 p.m. F. JULY 4TH: The parties shall alternate having custody of the Child on July 4ch as arranged by agreement. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule, except as otherwise indicated in this provision. 6. Each party shall ensure that the other party has his or her current address and telephone number on an ongoing basis. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall notify the other party in advance of the address and telephone number where the Child can be contacted. 7. In the event either party intends to relocate his or her residence to a location that increases the distance between the parties' residences by 30 miles or more, that party shall provide at least 60 days advance written notice to the other party so that alternate custody arrangements can be established by agreement or through the legal process. 8. Unless otherwise agreed between the parties, the Father shall not permit the Child to stay overnight at the maternal grandparents' residence unless the Father is also present. 9. 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. 10. 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. BY THE COURT, cc: Pamela L. Purdy, Esquire - Counsel for Father y, /. b L Cindy L. Koser, Esquire - Counsel for Mother Q O"- JOSEPH WILLIAM GOCHENAUR, Plaintiff VS. JENNIFER ANN CROUSE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-879 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brock Joseph Gochenaur January 22, 1997 Mother 2. A Conciliation Conference was held on March 19, 2002, with the following individuals in attendance: The Father, Joseph W. Gochenaur, with his counsel, Pamela L. Purdy, Esquire, and the Mother, Jennifer A. Crouse, with her counsel, Cindy L. Koser, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the provision restricting the Child's contact with the maternal grandparents, which is the recommendation of the Conciliator. The recommendation is based upon the Mother's concern that the maternal grandparents have completely severed their relationship with her and have derogatorily spoken of her in the presence of the Child concerning her interracial relationship and upcoming marriage. It should be noted that the Father, who regularly takes the Child for overnight visits with the maternal grandparents during the Father's weekend periods of custody, adamantly opposes any restriction as unnecessary and detrimental to the Child's close relationship with the maternal grandparents. ?J?LviG? X70 c1D0? fdA-.iY?.J?'o4.?X?.a Date - Dawn S. Sunday, Esquire Custody Conciliator TAMMY M. GERACI, PLAINTIFF V. GASPERE C. GERACI, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 02-630 CIVIL ACTION LAW IN CUSTODY CUSTODY STIPULATION AGREEMENT MADE this 7 ,?? day of 2002 by and between TAMMY M. GERACI - AND - GASPERE C. GERACI. WHEREAS, the parties desire to modify the terms of the March 14, 2002 Court Order. NOW, THEREFORE, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of Joseph A. Geraci, born April 15, 1997, and Nicholas D. Geraci, born July 7, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends from Friday after work when the Father shall pick up the Children at daycare through Sunday evening at the Children's bedtime. B. Father shall have custody of the Children every Tuesday and Wednesday evening from the end of his workday to the Children's bedtime. During Mother's weekends of custody, Father may have custody of the Children on Sunday evening from 6:00 p.m. to the Children's bedtime. C. The Father may have custody of the Children at any additional times if arranged by agreement of the parties. D. The Mother shall have custody of the Children at all times not otherwise specified for the Father. The parties shall share or alternate having custody of the Children on holidays as arranged by mutual agreement. 4. In the event either party is unavailable to provide care for the Children during his or her period of custody for three hours or more, that party shall first contact the other party to offer the opportunity to provide care for the Children before making arrangements for a third party caregiver. The parties shall cooperate in scheduling makeup periods of custody as permitted by both parties' schedules on limited occasions when an adjustment to the custody schedule is necessary due to exigent circumstances. 5. Neither party shall do or say anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. The parties agree to submit this Stipulation to the Court and request that the terms set forth herein be adopted as an Order of Court which will supersede any other orders entered in this matter. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESS: 111K , TAMMY M. GERACI SZ' 1 v- GA, ERE C. GERACI 0 cr C-n -, m m c.._ C7-- -IC n c TAMMY M. GERACI, PLAINTIFF V. GASPERE C. GERACI, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-630 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW this _1J day of V^A--, 2002 the attached Stipulation of the parties is adopted as an Order of Court and supersedes any prior Order entered in this matter. C oz??s Lev1 k( LocK `dINVAWNN3d i 1 aq tdd 11 N(V ZO A VION'OH U ri ' I ?0 3rou.0-CJP3 SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3`d Mr. Harrisburg, PA 17110-1778 (717) 234-2401 1 sinigcl (a sasl lp.com alevin <u.sasllp.com Attorneys for Petitioner GASPERE C. GERACI, PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TAMMY M. GERACI, RESPONDENT NO. 02-630 : CIVIL ACTION -CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes Petitioner, Gaspere C. Geraci, by and through his attorneys, Smigel, Anderson & Sacks, and avers as follows: 1. Petitioner is Gaspere C. Geraci, hereinafter "Father", who resides at 721 Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Tammy M. Geraci, hereinafter "Mother", who resides at 33 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania. 3. The parties are the parents of Joseph A. Geraci, born April 15, 1997 and Nicholas A. D. Geraci, born July 7, 1998, hereinafter the "Children.". 4. On June 11, 2002, this Honorable Court entered an Order of Court adopting the parties' custody stipulation. A true and correct copy of the June 11, 2002 Order is attached hereto as Exhibit "A". 5. The parties have deviated from the Order to a status quo of Father having longer periods of custody of the Children and more overnights with the Children. 6. The Order should be modified because: (a) The Children, particularly Nicholas, are reportedly having serious behavioral issues while in Mother's custody. Mother reported to the Children's therapist that Nicholas has been "out of control" at her house and at Father's house. On August 8, 2008, Father was informed by the Children's therapist that Nicholas came close to being admitted to a day treatment program for his behavior. Father has never witnessed either Child "out of control" and Mother has never reported to Father that either Child was having behavioral issues or was "out of control." Father was shocked and dismayed upon learning that such a severe action had been considered without his knowledge or consultation. If Mother's reporting is correct, Father is seriously concerned about the Children's behavioral development while in Mother's care. If Mother has fabricated the behavior of the Children, Father is concerned about Mother's mental stability and the safety and well-being of the Children while in her care. (b) Father believes that the Children's safety and well-being are in danger while in the care of Mother because Mother's physical health is very unstable. Mother is diabetic, hypoglycemic, significantly overweight and suffers from sleep-apnea. (c) Father believes that the Children's psychological development is at risk while in Mother's custody. Specifically, Joseph, age 11, still sleeps in Mother's bed. Mother has been extremely reluctant to change the sleeping arrangement even though Father has expressed significant concerns about it. At Father's insistence, Mother and Joseph have been attending counseling for over a year to address the issue and withdraw Joseph from Mother's bed but Mother has not cooperated. Father further believes that the sleeping arrangement is causing Joseph lasting attachment and fear issues as Joseph has reported to Father that he is afraid his Mother will not wake up from sleeping due to her health issues. (d) Father believes the Children's safety and well-being are also at risk when driving with Mother. The Children have reported having to yell at Mother to "wake-up" while she was driving them. Father believes Mother may suffer from narcolepsy as she has fallen asleep on several inappropriate occasions. On June 13, 2008, Mother fell asleep in her vehicle in the parking lot of a restaurant when she was scheduled to pick up the Children. On another occasion this summer, Mother fell asleep at one of the Children's noisy soccer games in the middle of the day. A true and correct copy of a photograph of Mother sleeping at the soccer game is attached hereto as Exhibit "B". (e) Father believes the Children's safety and well-being are at risk while living in Mother's house. The Children cannot eat at Mother's dining table because it is covered with piles of items. The Children must walk through paths between the mounds of items to the living room couch and the kitchen. Also, Mother's house smells of animal urine and feces from Mother's two dogs and four cats. (f) The Children have thrived while in Father's care, particularly those periods when Mother and Father have been able to agree to the Children spending expanded periods of time with Father. (g) Father's employment allows him to work at home. Father's schedule allows him to provide adequate care of the Children and to play a major role in the Children's lives; whereas, Mother works outside of the home and needs assistance from her parents to care for the Children while she is at work. (h) Father's wife, the Children's stepmother, works with Father in their home and provides additional care for the Children. When Father is occasionally required to travel for his employment, Father's wife stays at home and can provide continuous care for the Children. The Children and their stepmother have a close relationship. (g) Father is a fit parent. (h) The Children look to Father as a source of love and affection. WHEREFORE, Petitioner requests that this Honorable Court modify the existing Order to give Petitioner primary physical custody of the Children because it will be in the best interest of the Children. Date: f8, Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP By: 4 41, '1'e - LeRoy Vigil, Esquire I.D.#: 09617 Ann V. Levin, Esquire I.D.# 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner VERIFICATION I verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: g • IS • O? SPERE . GERACI TAMMY M. GERACI, PLAINTIFF V. GASPERE C. GERACI, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-630 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW this JBIl day ofjl, 2002 the attached Stipulation of the parties is adopted as an Order of Court and supersedes any prior Ordez entered in this matter. is J. 1> r, Q15 i aCl t C? In T timor?y where T; ? i:?:rls?<?, Fa• t e seal of sal Cci , 1 V 1/`?p1? TAMMY M. GERACI, PLAINTIFF V. GASPERE C. GERACI, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 02-630 CIVIL ACTION LAW IN CUSTODY CUSTODY STIPULATION AGREEMENT MADE this A day of n e 2002 by and between TAMMY M. GERACI - AND - GASPERE C. GERACI. WHEREAS, the parties desire to modify the terms of the March 14, 2002 Court Order. NOW, THEREFORE, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of Joseph A. Geraci, born April 15, 1997, and Nicholas D. Geraci, born July 7, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends from Friday after work when the Father shall pick up the Children at daycare through Sunday evening at the Children's bedtime. B. Father shall have custody of the Children every Tuesday and Wednesday evening from the end of his workday to the Children's bedtime. During Mother's weekends of custody, Father may have custody of the Children on Sunday evening from 6:00 p.m. to the Children's bedtime. C. The Father may have custody of the Children at any additional times if arranged by agreement of the parties. D. The Mother shall have custody of the Children at all times not otherwise specified for the Father. 3. The parties shall share or alternate having custody of the Children on holidays as arranged by mutual agreement. 4. In the event either party is unavailable to provide care for the Children during his or her period of custody for three hours or more, that party shall first contact the other party to offer the opportunity to provide care for the Children before making arrangements for a third party caregiver. The parties shall cooperate in scheduling makeup periods of custody as permitted by both parties' schedules on limited occasions when an adjustment to the custody schedule is necessary due to exigent circumstances. 5. Neither party shall do or say anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. The parties agree to submit this Stipulation to the Court and request that the terms set forth herein be adopted as an Order of Court which will supersede any other orders entered in this matter. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. WITNESS: . ?,?&CAK - act TAMMY M. GERACI G ERE C. GERACI nr }c ` : ? rig: i? ' ? ? :y ?yy ?? ?k JsT" ? i r yip <t: r, 14 GASPERE C. GERACI, PETITIONER V. TAMMY M. GERACI, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-630 CIVIL ACTION - CUSTODY CERTIFICATE OF SERVICE I, LeRoy Smigel, Esquire, attorney for Petitioner in the above-captioned matter, do hereby certify that I served a true and correct copy of Petition for Modification of a Custody Order on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the 15 - day of August, 2008, addressed as follows: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 SMIGEL, ANDERSON 8k SACKS, LLP .11 By: 11 `? LeRoy Smig squire I.D.#: 09617 Ann V. Levin, Esquire I.D.# 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner rla r f i 4 O r ?V .4r1 {4ri f\ ?y GASPERE C. GERACI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-630 CIVIL ACTION LAW TAMMY M. GERACI IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, August 28, 2008 , 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 Thursday, September 18, 2008 at 1:30 PM 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 . 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 'ep j ?{ t 1 413 ? ?NN BU Z r .. GASPERE C. GERACI Plaintiff vs. TAMMY M. GERACI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2002-630 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7 ' day of O r.O?i I..., , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold, PhD. or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall contact Dr. Shienvold's office promptly upon entry of this Order to schedule their initial sessions. The Mother shall sign any necessary authorizations to enable the evaluator to obtain her medical records for purposes of the evaluation process. The Father shall pay the costs of the custody evaluation initially to enable the evaluation to commence. However, the Father reserves the right to have the expenses of the evaluation allocated between the parties at the time of any subsequent proceeding on the custodial issues. 2. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the prior Order of this Court dated June 11, 2002 shall continue in effect as modified by this Order. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday after school through Monday morning before school and every week on Monday, Thursday and Friday from after school until 9:00 p.m. 4. In the event the Father misses a period of weekday custody due to the necessity of travel for work, the Father shall be entitled to one (1) makeup day each week which shall begin by the end of the following week after the missed period of custody. Therefore in the event the Father misses three (3) weekday periods of custody, the makeup days shall take place on one (1) additional weekday each week for the following three (3) weeks. The Father shall notify the Mother promptly of any such work conflicts which require adjustment to the partial custody schedule. 5. The parties shall share having custody of the Children on holidays as follows: A. Thanksgiving: The Mother shall have custody of the Children on Thanksgiving Day until 3:00 p.m. and the Father shall have custody on Thanksgiving Day from 3:00 p.m. until 9:00 p.m., or until the end of the Father's alternating weekend period of custody if his weekend falls immediately following Thanksgiving. B. Christmas: The Father shall have custody of the Children on Christmas Eve from 12:00 noon until 9:00 p.m., the Mother shall have custody from Christmas Eve at 9:00 p.m. through Christmas Day at 3:00 p.m., and the Father shall have custody from Christmas Day at 3:00 p.m. through December 26 at 9:00 a.m. or through the end of the Father's regular alternating weekend period of custody if his weekend falls immediately following Christmas. C. New Years: The Father shall have custody of the Children from December 31 at 6:00 p.m. through New Years Day at 11:00 a.m., the Mother shall have custody on New Years Day from 11:00 a.m. until 4:00 p.m., and the Father shall have custody from New Years Day at 4:00 p.m. through January 2 at 9:00 a.m. or through the end of the Father's regular alternating weekend period of custody if his weekend falls immediately following New Years. 6. Within sixty (60) days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 7. 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. BY THE COURT, cc t oy Smigel, Esquire - Counsel for Father rianne E. Rudebusch, Esquire - Counsel for Mother Cor l'E.s m ELECL- jol-71c.) fvs .,? r? ;? iy . i ?;, 1.1.. ?,,.,. .-?? !?• ? f? ,, t W. ? •. ? ?' ? C? G;l Yt,? ?i? c?--? C.1 N AUG 312010 TAMMY M. GERACI, PLAINTIFF v. GASPERS C. GERACI, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.02-630 CIVIL ACTION -CUSTODY ORDER AND NOW, this ~ I ' day of (a„ r S'r , 2010, it is HEREBY ORDERED AND DECREED that the terms, conditions and provisions of the attached Custody Stipulation executed by the parties aze adopted as an Order of Court as if set forth herein at length. BY THE COURT: o ~ ,~ c c~ w -:~ ~ ~ ~~ >~` ~ ~ ~ r_ to 00 D' tribution: oy Smigel, Esquire, Smigel, Anderson & Sacks, LLP, 4431 N. Front Street, 3rd Floor, Harrisburg, PA 17110-1778 ./Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Hanrisburg, PA 17109 • f F,S' ~'Y1`3,.i 4/ !l° ~~