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HomeMy WebLinkAbout05-0493 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff v. CIVIL ACTION - CUSTODY Docket No. 2005 - 493 C i 0 ~ l"---r fJz.J--v JAMES R. GAGE, Defendant (In Custody) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition to Modity 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 ban demando a usted en la corte. Si usted quiere defenderse de estas dernandas 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 0 en persona 0 por abogado y archiver en la corte en forma escrita sus defensas 0 sus objeciones alas 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 0 notificacion y por cualguir queja 0 a1ivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiendades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGAUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY, ZUCKER & GINGRICH, LLC By: II cl , Esquir ~ttorney I.D. 7954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff v. CIVIL ACTION - CUSTODY Docket No. 2005 - 493 {?1~J I~ JAMES R GAGE, Defendant (In Custody) COMPLAINT FOR CUSTODY AND NOW, this 2D day of :J7.Lf} eJ..JM1 ' 20; comes Plaintiff, Karen M. Gage, by and through her attorneys, Daley, Zucker & Gingrich, LLC, and files the following Complaint for Custody, and in support thereof avers as follows: I. Plaintiff, Karen M. Gage, is an adult individual who currently resides at 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as "Mother"). 2. Defendant, James R. Gage, is an adult individual who currently also resides at 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania (hereinafter referred to as "Father"). 3. Plaintiff, Karen M. Gage, is the natural mother of one (I) minor child, Jaden Marie Gage, whose date of birth is February 12, 1998 (hereinafter referred to as the "Child"). 4. Defendant, James R. Gage, is the natural father of the Child. 5. The Child was not born out of wedlock. 6. The parties were married on December 17, 1994 in Cumberland County, Pennsylvania and although they are stilI residing in the same home, subsequently separated on October 1, 2004. 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 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, where Mother exercises shared legal custody of the Child. Since the parties are stilI residing in the same home, they currently share the responsibilities of raising the minor Child. 9. Father's current address is also 597 Mountain Road, Boiling Springs, Cumberland County, Pennsylvania, where Father exercises shared legal custody of the Child. Since the parties are stilI residing in the same home, they currently share the responsibilities of raising the minor Child. 10. The relationship of Plaintiff to the Child is that of natural mother. 11. The relationship of Defendant to the Child is that of natural father. 12. Mother has no information of any other custody proceeding concerning the Child pending in any court of this Commonwealth. I3. Mother does not know of a person, not a party to this proceeding, who has physical custody of the Child or claims to have physical custody or visitation rights with respect to the Child. 14. The best interest and permanent welfare of the Child will be served by granting the relief requested because: a. Plaintiff is the natural mother of the Child; b. Defendant is the natural father of the Child; c. Both Mother and Father have a warm, loving relationship with the Child; d. Both Mother and Father have, in the past, and will continue to provide a stable, loving home environment for the Child; e. Both parties and the Child will benefit from 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 the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the lives' of their Child, including educational, medical, and religious decisions. 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 other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each 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 ofPa.C.S. ~S309, 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 primarily with Mother, subject to Father's periods of partial custody at such times as the parties and the Child may agree. It is specifically contemplated for purposes of this Stipulation, Agreement and Order that Father shall see the Child at least two (2) days per week. The parties agree to cooperate with one another in order to ensure that Father maintains a meaningful, loving relationship with the Child. c. Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive custody at the time of the exchange is to provide for transportation from the residence of the other parent. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to transporting the Child. No person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Children. d. The holiday schedule shall be at such times as the parties and the Child may agree. 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 two (2) hours with a non- family member, 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. In the event that either party is more than thirty (30) minutes late for a custody exchange, in the absence of a telephone call or other communication from the parent transporting the Child, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the Child. g. To the extent possible, each party shall provide the other with at least forty- eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that each of the parents have custody of the Child, they will make certain that the Child attends any 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. Neither parent shall commit the Child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the then-custodial parent shall not be required to take the Child to that activity if the custodial parent and Child are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pick-up in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate transportation is provided. h. In the event that the Child is unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day and to notify the non-custodial parent of the Child's illness. i. In the event that either party is planning to take the Child out ofthis Court's jurisdiction for an overnight trip, they must provide reasonable notice and contact information for the locations at which the Child will be staying. j. Both parties are expected to use common sense in scheduling telephone caDs to talk to the Child. 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. k. Each of the parties and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Child from the other parent, their spouse or relatives, or injure the Child's opinion of the other party or which may hamper the free and natural development of the Child's love, affection and respect for the other parent. 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. I. In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by either parent. 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 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 are free to modify the terms of this Stipulation and Agreement, but in order to do so, the parties must be in complete agreement to any new terms. r. The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. s. Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. 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. t. This Stipulation, Agreement and/or Order shall supercede all previous custody Agreements and/or Orders. u. In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enforce the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order in the form attached hereto, thereby confirming the parties' Stipulation and Agreement for Custody. Respectfully Submitted, DALEY, ZUCKER & GINGRICH, LLC By: Attorneys for Plaintiff VERIFICATION AND CONFIRMATION OF STIPULATION/AGREEMENT We, KAREN M. GAGE, and JAMES R. GAGE, 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: /-;<0- 0 5:' :tfr /Yl.1lr~J Kar M. Gage, Plaintiff Date: 1- 1).-0<' #- 1J(<y- J m R. Gage, Defendant COMMONWEALTH OF PENNSYL V ANlA: : SS: officer, personally appeared KAREN M. GAGE, 2005, before me, the undersigned COUNTY OF On this, the :;n~day of wn to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal " ..._._._,.,--"..._---_..-..~-<- NOTAF\IAL :?,!.;.;i\L P,A.TRICIA A PpJiON, NctJry Putlie LOVVI';f Paxton Twp., Dauph;,) County ._!:,'y:-2T~~;~.'~io~~~!?':. ':.!'i::''> '~(-i(Y; (Seal) COMMONWEALTH OF PENNSYL V ANlA: COUNTYOF ~ : 55: On this, the I~ day of ~ ,2005, before me, the undersigned officer, personally appeared JAMES R. GAGE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA . Notarial Seal JennIfer S Undsa Carlisle B . Y. Nolary Public My Com . om, Curnber1and Counly mIss"", Expires Nov. 29. 2007 Member Pennsyl . , vanIa AssOclatron Of Notaries R -og. - ;:J - - ~ tk- IF( - ...:.t ~ trl \) ..0 .J:::.. r ...., """ J- -...J -.::...;. c' ' n ( "~ .-> C'~ :::'~ ~ Cl ~, .... ~_i:~. -n. n'\~~ -\'1\"0 ;":i?\ i'-:"';_~A , ) ':;:, ').C" ;:2 c_ , '\. -,::~' :;';..~ ~,' 0' f:"? c...~ (.:.~) - --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff CIVIL ACTION - CUSTODY v. Docket No. 2005 - ~ 9J Cu', CT'trLn- JAMES R. GAGE, Defendant (In Custody) ORDER OF COURT AND NOW, t", _~O day of .1""'''''1 zoo! ""'" _"" and consideration of the within Complaint and the Stipula Ion and Agreement mcorporated therein, and upon agreement of the parties, it is hereby ORDERED and DECREED as follows: I) The parties shall have joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the 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 other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each 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 ofPa.C.S. 95309, 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 (I) 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 primarily with Mother, subject to Father's periods of partial custody at such times as the parties and the Child may agree. It is specifically contemplated for purposes of this Stipulation, Agreement and Order that Father shall see the Child at least two (2) days per week. The parties agree to cooperate with one another in order to ensure that Father maintains a meaningful, loving relationship with the Child. 3) Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive custody at the time of the exchange is to provide for transportation from the residence of the other parent. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to transporting the Child. No person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Child. 4) The holiday schedule shall be at such times as the parties and the Child may agree. 5) 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 two (2) hours with a non- family member, 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) In the event that either party is more than thirty (30) minutes late for a custody exchange, in the absence of a telephone call or other communication from the parent transporting the Child, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the Child. 7) To the extent possible, each party shall provide the other with at least forty- eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that each of the parents have custody of the Child, they will make certain that the Child attends any 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. Neither parent shall commit the Child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the then-custodial parent shall not be required to take the Child to that activity if the custodial parent and Child are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notifY the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pick-up in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate transportation is provided. 8) In the event that any of the Child is unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day and to notifY the non-custodial parent of the Child's illness. 9) In the event that either party is planning to take the Child out of this Court's jurisdiction for an overnight trip, they must provide reasonable notice and contact information for the locations at which the Child will be staying. 10) Both parties are expected to use common sense in scheduling telephone calls to talk to the Child. 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. 11) 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. 12) In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by either parent. 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 wil1 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 careful1y 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 shal1 drink to the point of intoxication when the Child is in their custody. 17) The parties are free to modify the terms of this Stipulation and Agreement, but in order to do so, the parties must be in complete agreement to any new terms. 18) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. 19) Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. 20) This Stipulation, Agreement and/or Order supercedes all previous custody Agreements and/or Orders. 21) In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enforce the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. BY THE COURT, ,1. r ,IAN 27 2005 J1y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN M. GAGE, Plaintiff CIVIL ACTION - CUSTODY v. Docket No. 2005 - '193 GUll'T07-n.- I JAMES R GAGE, Defendant (In Custody) \.t.. ORDER OF COURt ~\ F~ rlJ2J I 5 AND NOW, this i{e>, day of _-r:. ...." t 20g/. upon presentation and consideration of the within Complaint and the Stipula ion 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 the Child. 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 other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each 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. ._~"_,,.,r"'- d t...) LS :Z Hd z- 833 snoz }..'t~\7.~..',:;>~C,U(j':j.J 3Hi "=::):1:1,0""031\:1 ,~ j.\) 18) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. 19) Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. ~ 20) This Stipulation, Agreement andlor Order supe~des all previous custody Agreements andlor Orders. 21) In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enforce the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. BY THE COURT, ,J. .C') \' ,J '} :::;..\) o ~&Jd~ 0) -OJ - 05 .~ ~ ~ -- .IAN 27 20051'-', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI', PENNSYLVANIA KAREN M. GAGE, Plaintiff CIVIL ACTION - CUSTODY v. Docket No. 2005 - LJ9,J Cu;C-kh JAMES R. GAGE, Defendant (In Custody) AND NOW, this \ .t. ORDER OF COURt ~~ F~ r\12.J 1 5 ~ day of ..-.-- 20gl. upon presentation and consideration of the within Complaint and the Stipula ion 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 the Child. Joint legal custody means the right of both parents to control and to shar<e 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 other planned activities, the parent then having custody will notifY the other parent as soon as practicably possible. Each 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. " "q, ';;'0 tS :Z [)d Z- O"J ~ Cln7 ...._:.... ....LJIH.. :;'.....i Pursuant to the terms ofPa.C.S. ~S309, each parent shall be entitled to equal access to all records and information pertaining to th~, 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 :lhare 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 primarily with Mother, subject to Father's periods of partial custody at such times as the parties and the Child may agree. It is specifically contemplated for purposes of this Stipulation, Agreement and Order that Father shall see the Child at least two (2) days per week. The parties agree to cooperate with on~, another in order to ensure that Father maintains a meaningful, loving relationship with the Child. 3) Transportation for custody purposes shall be divided by the parties as equally as possible. In the event that there is no specific provision governing the custody exchange, above, the parent who is to receive cllstody at the time of the exchange is to provide for transportation from the residence of the other parent. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to transporting the Child. No person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Child. 4) The holiday schedule shall be at s",~h times as the parties and the Child may agree. 5) 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 two (2) hours with a non- family member, 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 parem will then be responsible for obtaining the appropriate supervision for the Child. 6) In the event that either party is mOf(l than thirty (30) minutes late for a custody exchange, in the absence of a telephone cull or other communication from the parent transporting the Child, the other party may as:lUme that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the Child. 7) To the extent possible, each party shall provide the other with at least forty- eight (48) hours advance notice of school, sporting, (lr other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Child wishes to engage in. During the times that each of the parents have custody of the Child, they will make certain that the Child attends any 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 th,~ 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 maintai.ning passing grades in school. Neither parent shall commit the Child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the then-custodial parent shall not be required to take the Child to that activity if the custodial parent and Childl are out of town during that activity, for a previously-scheduled vacation. In the event that the custodial parent is unable to deliver the Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pick-up in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate transportation is provided. 8) In the event that any of the Child is unable to attend school due to illness or school closings or delays due to weather, etc., it is the fllsponsibility 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. 9) In the event that either party is planning to take the Child out oftbis Court's jurisdiction for an overnight trip, they must provide reasonable notice and contact information for the locations at which the Child will be staying. 10) Both parties are expected to use common sense in scheduling telepbone calls to talk to the Child. 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. 11) 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 t!flection between the Child and the other party. Neither party shall do nor shall either partm 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. 12) In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters !ihall be discussed with the other party before any change is made by either parent. 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 ChUd 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 ,;an 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 sevemty-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 are free to modify the terms of this Stipulation and Agreement, but in order to do so, the parties must be in complete agreement to any new terms. 18) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Child and each parent. 19) Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, amd executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agreed upon by both parties. In the event that either party is not in agreement with a proposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. ~ 20) This Stipulation, Agreement and/or Order supe~des all previous custody Agreements and/or Orders. 21) In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enforce the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. BY THE COURT, 1I~;4 ,J. .~ \) C} ~\j o ~&1J~ O~- OJ - 0-1 i?~a~ ~ ~ -