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HomeMy WebLinkAbout05-1477 GARRY 1. TETER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. OS- - /Lf '77 : CIVIL ACTION-LAW : IN CUSTODY CI~:L~~ KIMBERLY TETER, Defendant COMPLAINT IN CUSTODY AND NOW, the Plaintiff, Garry 1. Teter, Jr., by and through his attorney, Jeanne B. Costopoulos, Esquire, makes the following Complaint in Custody: 1. The Plaintiff, Garry 1. Teter, Jr., is an adult individual who currently resides at 50 Clearview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Kimberly Teter, is an adult individual who currently resides at 13 Mountainview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. There are two dependant children from marriage of Plaintiff and Defendant, namely, Jessica Ann Teter, born November 3, 1998, and Alyssa Marie Teter, born September 2, 2000. 4. The Plaintiff seeks shared legal and physical custody of the following children: Name Present Residence Age Jessica Ann Teter 13 Mountainview Drive Carlisle, P A 17013 6 years DOB 11/3/1998 Alyssa Marie Teter 13 Mountainview Drive Carlisle, PA 17013 4 years DOB 9/2/2000 5. The children are presently in the custody of Mother at the home of her parents, Denny and Linda Overbaugh, residing at 13 Mountainview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. , , 6. Since February of 1999, the children have resided with both parties at the marital residence located at 50 Clearview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. Mother moved out of the marital residence on March 4, 2005, at which time she took the children to reside with her at the home of her parents, Denny and Linda Overbaugh, at 13 Mountainview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 7. The natural mother of the children is Kimberly Teter, Defendant, currently residing at with her parents, Denny and Linda Overbaugh, at 13 Mountainview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 8. The natural father of the children is Garry L. Teter. Jr., Plaintiff, currently residing alone at 50 Clearview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 9. Plaintiff and Defendant are married to each other and the children were not born out of wedlock. 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. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 12. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff is the natural father of the children and has a close relationship to them. (b) Mother has prevented Father from routine contact with his children. (c) The relationship between Father and the children needs to be maintained. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that he be granted shared legal and physical custody of his children. Respectfully submitted, DATED: J/; ~!Jf BY: Je~POUloS'E~' ATTORNEY FOR PLAINTIFF 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 GARRY L. TETER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. KIMBERLY TETER, Defendant CIVIL ACTION-LAW IN CUSTODY VERIFICATION I, Garry L. Teter, Jr., hereby verify and state that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: -:5-lfo-oS Signature: 2:::/;-v-v G L. ter, Jr. n <<l 11~ c, '- f D G', 0J ~ ~ tJ b ~1c: ,__, 1"-'.,') I :~, '.: ': ~"'. GJ GARRY L. TETER, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANli V. 05-1477 CIVIL ACTION LAW KIMBERLY TETER DEFENDANT IN CUSTODY ORDER OF COURT ANDNOW, Wednesday, March 23, 2005 , upon consideration of the attache Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsbnrg, P A 17055 Tuesday, April 26, 2005 on , the conciliator, at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an etTort will be made to resolve the iss ,es in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to entcr into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the onference 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 Ab se orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heari g. FOR THE COURT. By: /s/ Dawn S. Sunday. Esq. Custody Conciliator JY The Court of Common Pleas of Cumberland County is required by law to comply wi h the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accon11lodations available to disabled individuals having business before the court, please contact our omce. A I arrangements must be made at least 72 hours prior to any hearing or business before the court. You must all nd the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YO DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFr ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedtord Street Carlisle, Pennsylvania 17013 Telepbone (717) 249-3166 ;!' _.~ o~ '1 ~ tjdl . ~~ vrrl'.>- 1/. ' (/ - ......t" 50. ~ e f: - h 't- ~ ~ 5::UeJ~' ,~ fp "P ~ .?tzW -~_Rl Jr. E )..Jr.~r:.'-"-' ~;:) I M :C' U.J O? \l\llll',"). Z l "":';-j '-'v C:;ih .J0: ,," >.~i.n{',:-_,.'" ";~,) \ I -'1 U. ~o '.J I.:"",', ~vj"j..!-\jiJJ jt ;;:l 38::1~O-{J:nH RECEIVED APR 28 nm-Y GARRY L. TETER, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1477 CIVIL ACTION LAW KIMBERLY TETER Defendant IN CUSTODY ORDER AND NOW, this 26th day of April,2005 , the conciliator, being advised by plaintiffs collmsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for today is cancelled. FOR THE COURT, ~7 Dawn S. Sunday, Esquire Custody Conciliator -:."\EI:) 6S : I Wd 62 ~dV ~OOZ AUV1CiiOHlC:::d 3H1 :10 3Jl:J:1O-0311.:J GARRY 1. TETER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-1477 KlMBERL Y TETER, Defendant CIVIL ACTION-LAW IN CUSTODY PETITION TO ENTER STIPULATION AS ORDER OF COURT AND NOW, come the parties, Garry 1. Teter, Jr., Plaintiff, and Kimberly Teter, Defendant, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Garry 1. Teter, Jr. (the Father hereinafter) and Kimberly Teter (the Mother hereinafter), have born to them two (2) children, namely Jessica Ann Teter, born November 3, 1998, and Alyssa Marie Teter, born September 2, 2000 (the Children hereinafter); and WHEREAS, the parties are currently living separate and apart; and WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the children; and WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Legal Custody: The parties shall share legal custody of the children. 2. Phvsical Custody: Mother shall have primary physical custody of the children. Father shall have partial custody of the children as follows: a. Beginning April 29, 2005, alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. b. Beginning immediately, every Tuesday evening from approximately 3:30 p.m. until 7:00 p.m. c. At such other times as the parties may mutually agree. 3. Holidavs and Vacation: This section shall supersede any other section contained in this agreement. a. Easter: The parties will alternate physical custody of the children on Easter Day between the following two segments: 1) Segment A: The period from 9:00 a.m. until 2:00 p.m. 2) Segment B: The period from 2:00 p.m. until 6:00 p.m. Mother shall have the children for Segment A and Father shall have the children for Segment B during all odd numbered years and Father shall have the children for Segment A and Mother shall have the children for Segment B during all even- numbered years. b. Mother's and Father's Davs: The children shall always be with Mother during Mother's Day and with Father during Father's Day. If the children are not otherwise with that parent, that parent shall have the children on their respective day for the period from 9:00 a.m. until 6:00 p.m. c. Summer Holidavs: The parties will alternate physical custody of the children on the following holidays for the period from 9:00 a.m. until 6:00 p.m. on each holiday: Memorial Day, 4th of July, and Labor Day. Father shall have the children in all odd-numbered years and Mother shall have the children in all even- numbered years for Memorial Day and Labor Day. Mother shall have the children in all odd-numbered years and Father shall have the children in all even-numbered years for 4'h of July. d. Summer Vacation: Each party shall be entitled to two (2) non-consecutive uninterrupted one (I) week periods of summer vacation with the children provided thirty (30) days notice is given to the other parent. A week shall be defined as a 7-day period which shall begin weith the vacationing parent's alternating weekend period of custody. The party requesting vacation time with the children should be available for the majority of the time to be exercised with the children. Neither party shall schedule a vacation week during which the other party is scheduled to spend a holiday with the children. e. Thanksl!:ivinl!:: The parties will alternate physical custody of the child on Thanksgiving Day between the following two segments: 1) Segment A: The period from 9:00 a.m. until 2:00 p.m. 2) Segment B: The period from 2:00 p.m. until 7:00 p.m. Mother shall have the children for Segment A and Father shall have the children for Segment B during all odd numbered years and Father shall have the children for Segment A and Mother shall have the children for Segment B during all even- numbered years. f. Christmas: During the Christmas holiday season, the parties will alternate physical custody of the children between the following two time segments: I) Segment A: The period from 3:00 p.m. on Christmas Eve until 3:00 p.m. on Christmas Day 2) Segment B: The period from 3:00 p.m. on Christmas Day until 3:00 p.m. on December 26th. Mother shall have the children for Segment A and Father shall have the children for Segment B during all odd numbered years arld Father shall have the children for Segment A and Mother shall have the children for Segment B during all even- numbered years. The parties agree to cooperate with each other to divide the remainder of the Christmas break in as equal a manner as possible. g. Children's Birthdavs The parties agree to cooperate with each other to share the children's birthdays in as equal a manner as possible. 4. Ril!ht of First Refusal to Babvsit The parties shall have the right of first refusal to babysit the children if the other is unavailable for a p'~riod of three (3) hours or more during his or her period of custody. Each party agrees to notify the other of periods of time during his or her scheduled custodial periods that he or she will not be available so that the other can advise whether or not he or she intends to exercise his or her right to babysit. If the other party is also unavailable, the prnty during whose period of custody is unavailable shall make alternative arrangements for babysitting with the babysitter of his or her choice. 5. TransDortation Unless otherwise agreed upon, the party obtaining custody shall pick up the children from the residence of the other party, except that on Tuesdays Father shall pick up the children at their babysitter's and shall return them to Mother's residence. 6. Address and Phone Numbers of Parties Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. 7. Notice of Whereabout silliness Each party agrees to keep the other reasonably informed of the whereabouts of the children while with the oth,~r party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the children, he or she shall promptly notify the other party of said circumstances. 8. Telephone Contact with Children Both Parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. 9. Alcohol and Drul!s During any period of custody or visitation, the parties shall not possess or use any un-prescribed controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure that the children are not exposed to any other individuals who cannot comply with this prohibition 10. Disparal!inl! Remarks Neither Father nor Mother shall make any remarks in the presence of the children or otherwise do anything which may estrange the children from or injure the opinion of the children as to the other party or those closely associated with that party or which may hamper the free and natural development of the children's love or affection for the other party or those closely associated with that party. Under no circumstances shall adult issues involving the parties bt~ discussed in the presence of the children. Neither party shall argue with the other in th<: presence of the children. Neither party shall permit the children to remain in the company of any third parties who do not follow the provisions of this paragraph. 11. Modification Any of the provisions of this Order may be modified or deleted upon mutual agreement of both parties or upon further Order of Court. 12. Supersedeas of Prior Court Orders This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court at the request of either party, hereby set their hands and seals and the date of their acknowledgment. Date: &-~"C6 Date: ~ / ~ 10..; . Signature: ar~~(~ G . ,. ~3. cost~poUIOS' Esq re K>ni:T~~J~ ~~(1l ./VtJG0 Marylo tas, EsqUIre Signature: Date: (p110/05 Signature: Date: 6,) I 3 Its Signature: J ' (') G l:Ytt. J~':'r.I 2~.> ~~ ~~ -< ,..., = = U" e: ,- I U1 o ." :e:o rn~ ..., "0 () -4-,. 6:0 -7'~ 9 2b :< -0 ::z: s.- o S RECEIVED JUL 06200, GARRY 1. TETER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1477 KlMBERL Y TETER, Defendant CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this 9~ day of :1"" ~ ,2005, upon consideration of the within Petition to Enter Stipulation as an Order of Court which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Petition is hereby granted and its contents are hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter are hereby vacated. /~~ 60UR. ;;;p J. rft~o? DOo , b' 'v'INIfIll)..SNN3d iJj'ln~"1 ' nl '~-'''n'' I 1\ U,~,'\',' ,r:,;:.~dv~ II.} 9 I :6 Wit B- lnr SOOl Ai::lVlONOHl08d 3Hl. :lO 3::>8:10-0311.:l GARRY L. TETER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1477 KIMBERL Y TETER, Defendant CIVIL ACTION-LAW IN CUSTODY PLAINTIFF'S PETITION TO MODIFY CUSTODY AND NOW, the Plaintiff, Garry L. Teter, Jr., by and through his attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Plaintiff above, is Garry L. Teter, Jr. (hereinafter referred to as Father), an adult individual currently residing at 17 Garber Street, Chambersburg, Franklin County, Pennsylvania, 17201. 2. Respondent, Defendant above, is Kimberly Teter, an adult individual currently residing at 13 Mountainview Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the natural parents of two children, namely Jessica Ann Teter, born November 3, 1998, and Alyssa Marie Teter, born September 2, 2000 (the Children hereinafter). 4. The parties are subject to an agreed upon Order of Court dated July 8, 2005. Said Order is attached hereto as Exhibit A. 5. Father desires to increase his custodial time with the children. He first attempted to make arrangements directly with Mother, but she has been unreasonable and controlling about the situation. 6. Father is seeking modification of his partial custody rights such that they are expanded to the following: . . (a) Throughout the summer months, Father is seeking primary physical custody with Mother having partial physical custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. and one weekday per week from 3:30 p.m. until 7:00 p.m. (b) Expanded periods of partial custody during the children's school breaks over the Easter, Thanksgiving, and Christmas or other holidays as well as any other time the children are not scheduled to be in school for two or more days. WHEREFORE, Defendant Father respectfully requests this Honorable Court to modify the current Order of Court such that his rights of partial physical custody are expanded as set forth more specifically above. Respectfully submitted, eanne B. Costopoulos, Esquire ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, P A 17011 Phone: (717) 920-2500 P A Supreme Ct. ill No. 68735 Dated: ~;;r/2m GARRY L. TETER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1477 KIMBERLY TETER, Defendant : CIVIL ACTION-LA W : IN CUSTODY VERIFICATION I, Garry L. Teter, Jr., hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: &J -\L\ - Ofe::, Signature: " . GARRY L. TETER, JR., Plaintiff v. KIMBERL Y TETER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1477 : CIVIL ACTION-LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing petition upon the person, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvani~ through first class mail, prepaid, and addressed as follows: Marylou Matas, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PAl 7013 Dated: ft!lrla I BY: 4---- e B. Costopoulos, Esq'"Urre-- ATTORNEY FOR PLAINTIFF 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 P A Supreme Ct. ill No. 68735 EXHIBIT A .~ ".' ::::;.....-- .- 5 RECEIVED JUl 06 lOOS, GARRY L. TETER, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1477 KIMBERL Y TETER, Defendant : CIVIL ACTION-LA W : IN CUSTODY ORDER OF COURT AND NOW, this 9t4-.. day of -;;) ~ . ,2005, upon consideration of the within Petition to Enter Stipulation as an Order of Court which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Petition is hereby granted and its contents are hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter are hereby vacated. ~'~ J. GARR Y L. TETER, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1477 o ..." :=r!:n ~~~ ;n ,,)( =?~ ~:?~ '-Tn CJ ::.;;} ~o --< Defendant, and respectfully request the following Stipulation to be entered as an order of court: KIMBERL Y TETER, Defendant CIVIL ACTION-LAW IN CUSTODY o c -~ I~' . , ......., .::-..;;> ~= o;.n <- <..--: r- I (fJ PETITION TO ENTER STIPULATION AS ORDER OF coui.:ri \) , ( ::i.:': i'(~: AND NOW, come the parties, Garry L. Teter, Jr., Plaintiff, and Kimberly !~ter,; . C) WHEREAS the parties, Garry L. Teter, Jr. (the Father hereinafter) and Kimberly Teter (the Mother hereinafter), have born to them two (2) children, namely Jessica Ann Teter, born November 3, 1998, and Alyssa Marie Teter, born September 2,2000 (the Children hereinafter); and WHEREAS, the parties are currently living separate and apart; and WHEREAS, both parties desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for the children; and WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Le2al Custody: The parties shall share legal custody of the children. 2. Physical Custody: Mother shall have primary physical custody of the children. Father shall have partial custody of the children as follows: a. Beginning April 29, 2005, alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. b. Beginning immediately, every Tuesday evening from approximately 3:30 p.m. until 7 :00 p.m. c. At such other times as the parties may mutually agree. 3. Holidavs and Vacation: This section shall supersede any other section contained in this agreement. a. Easter: The parties will alternate physical custody of the children on Easter Day between the following two segments: 1) Segment A: The period from 9:00 a.m. tmtil 2:00 p.m. 2) Segment B: The period from 2:00 p.m. tmti16:00 p.m. Mother shall have the children for Segment A and Father shall have the children for Segment B during all odd numbered years and Father shall have the children for Segment A and Mother shall have the children for Segment B during all even- numbered years. b. Mother's and Father's Davs: The children shall always be with Mother during Mother's Day and with Father during Father's Day. If the children are not otherWise with that parent, that parent shall have the children on their respective day for the period from 9:00 a.m. until 6:00 p.m. c. Summer Holidavs: The parties will alternate physical custody of the children on the following holidays for the period from 9:00 a.m. until 6:00 p.m. on each holiday: Memorial Day, 4th of July, and Labor Day. Father shall have the children in all odd-numbered years and Mother shall have the children in all even- numbered years for Memorial Day and Labor Day. Mother shall have the children in all odd-numbered years and Father shall have the children in all even-numbered years for 4th of July. d. Summer Vacation: Each party shall be entitled to two (2) non-consecutive uninterrupted one (1) week periods of summer vacation with the children provided thirty (30) days notice is given to the other parent. A week shall be defined as a 7-day period which shall begin with the vacationing parent's alternating weekend period of custody. The party requesting vacation time with the children should be available for the majority of the time to be exercised with the children. Neither party shall schedule a vacation week during which the other party is scheduled to spend a holiday with the children. e. Thanks2ivin2: The parties will alternate physical custody of the child on ThanKsgiving Day between the following two segments: 1) Segment A: The period from 9:00 a.m. until 2:00 p.m. 2) Segment B: The period from 2:00 p.m. until 7:00 p.m. Mother shall have the children for Segment A and Father shall have the children for Segment B during all odd numbered years and Father shall have the children for Segment A and Mother shall have the children for Segment B during all even- numbered years. f. Christmas: During the Christmas holiday season, the parties will alternate physical custody of the children between the following two time segments: 1) Segment A: The period from 3 :00 p.m. on Christmas Eve until 3 :00 p.m. on Christmas Day 2) Segment B: The period from 3:00 p.m. on Christmas Day until 3:00 p.m. on December 26th. Mother shall have the children for Segment A and Father shall have the children for Segment B during all odd numbered years and Father shall have the children for Segment A and Mother shall have the children for Segment B during all even- numbered years. The parties agree to cooperate with each other to divide the remainder of the Christmas break in as equal a manner as possible. g. Children's Birthdays The parties agree to cooperate with each other to share the children's birthdays in as equal a manner as possible. 4. Rieht of First Refusal to Babvsit The parties shall have the right of first refusal to babysit the children if the other is unavailable for a period of three (3) hours or more during his or her period of custody. Each party agrees to notify the other of periods of time during his or her scheduled custodial periods that he or she will not be available so that the other can advise whether or not he or she intends to exercise his or her right to babysit. If the other party is also unavailable, the party during whose period of custody is unavailable shall make alternative arrangements for babysitting with the babysitter of his or her choice. 5. Transportation Unless otherwise agreed upon, the party obtaining custody shall pick up the children from the residence of the other party, except that on Tuesdays Father shall pick up the children at their babysitter's and shall return them to Mother's residence. 6. Address and Phone Numbers of Parties Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. 7. Notice of Whereabout sillIness Each party agrees to keep the other reasonably informed of the whereabouts of the children while with the other party. If either party has knowledge of illness or accident or other serious circumstance affecting the welfare of the children, he or she shall promptly notify the other party of said circumstances. 8. Telephone Contact with Children Both Parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. 9. Alcohol and Drues During any period of custody or visitation, the parties shall not possess or use any un-prescribed controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure that the children are not exposed to any other individuals who cannot comply with this prohibition 10. Disparaeine Remarks Neither Father nor Mother shall make any remarks in the presence of the children or otherwise do anything which may estrange the children from or,injure the opinion of the children as to the other party or those closely associated with that party or which may hamper the free and natural development of the children's love or affection for the other party or those closely associated with that party. Under no circwnstances shall adult issues involving the parties be discussed in the presence of the children. Neither party shall argue with the other in the presence of the children. Neither party shall permit the children to remain in the company of any third parties who do not follow the provisions of this paragraph. 11. Modification Any of the provisions of this Order may be modified or deleted upon mutual agreement of both parties or upon further Order of Court. 12. Supersedeas of Prior Court Orders This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of coUrt at the request of either party, hereby set their hands and seals and the date of their acknowledgment. Date: &- L.e "C6 6/3-d/lf . Signature: ~~ G , ,.- Date: Signature: Date: IP/JO!b5 Signature: Kimb~T~r~~~ 'J/~' . : J~"l -rv ( ~ Marylo Date: Ct.j / 3 / OS t ' '. Signature: ~ ~ "';C) 1- ~ ~ C) c .. '- ~ ~ D "'.,. () ~ - w ~ -U _. ~ ........ f ~ ( , -- \i';> -1 , . GARRY L. TETER, JR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-1477 CIVIL ACTION LA W KIMBERLY TETER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 21, 2006 , upon consideration of the attacbed Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 27, 2006 , the conciliator, at 12:00 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 bc accomplished, to define and narrow the issues to bc heard by the court, and to cnter into a temporary order. All cbiJdren agc five or older may also be present at the conference. Failure to appear at the conference 11lay 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. Sunday, Esq. Custody Conciliator r#- 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 schcduled confercnce or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 Bedlord Street Carlisle, Pennsylvania 17013 Tclephone (717) 249-3166 ~,I?"~~ $- ~ "v ~.e.(!.'1 ~ ~ '1- ~ ~ ')J. -ee.? ~~frt:~~-@ wee.? ALNn(',:;- LO :<:1 lid ZZ gUaZ GARRY L. TETER, JR. Plaintiff IN THE COURT OF CO CUMBERLAND COUNTY, PENNSYL VANIA 7 . vs. 05-1477 CIVIL ACTION LAW KIMBERLY TETER Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~ day of ~ ' 2006, consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The prior Order of this Court dated July 8,2005, incorporating the terms ofthe parties' Stipulation, shall continue in effect as modified by this Order. 2. The parties shall engage in a course of coparenting counseling with Sally Rooney or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in developing sufficient communication and cooperation to enable them to effectively coparent their Children. The parties shall equally share any costs of counseling which are not covered by insurance. 3. The Father's periods ofaltemating weekend custody shall begin after school at 3:30 p.m, 4. Paragraph 4 of the parties' Stipulation (providing for a right of first refusal in the event the custodial parent is unavailable) which was incorporated into the prior Order of this Court dated July 8,2005, is vacated. 5. The custodial parent shall ensure that return telephone calls are made in response to the non-custodial parent's telephone message requests within 24 hours. Neither party shall leave antagonistic or derogatory telephone messages on the other party's answering machine. 6. The holiday custody arrangements for Thanksgiving are modified as follows: The Thanksgiving holiday shall be divided into Segment A, which shall run from the Wednesday before the holiday at 3:30 p.m. through Thanksgiving Day at 2:00 p.m., and Segment B, which shall run from Thanksgiving Day at 2:00 p.m, through the following Friday at 3:30 p.m. In even numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segment A and the Father shall have custody during Segment B. /' ... 7. The holiday custody arrangements for Christmas are modified as follows: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 3:00 p.m. through Christmas Day at 3:00 p.m., Segment B, which shall run from Christmas Day at 3:00 p.m. through the halfway point ofthe remainder ofthe school break, and Segment C, which shall run from the halfway point of the remainder of the school break until 6:00 p.m. on the day before school resumes. In even numbered years, the Father shall have custody during Segments A and C and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody during Segments A and C and the Father shall have custody during Segment B. 8. The holiday custody arrangements for the summer holidays are modified as follows: The Memorial Day and Labor Day holidays shall include the entire weekend from Friday at 3:30 p.m, through Monday at 6:00 p.m. The Independence Day holiday shall run from July 4 at 9:00 a.m. through July 5 at 6:00 p.m. In even numbered years, the Mother shall have custody of the Children for the Memorial Day and Labor Day holidays and the Father shall have custody for Independence Day. In odd numbered years, the Father shall have custody for the Memorial Day and Labor Day holidays and the Mother shall have custody for Independence Day, 9. The regular alternating weekend custody schedule shall be adjusted so that the Father has custody of the Children from October 6-8, 2006 and the Mother has custody from October 13-15, 2006. 10. The parties shall attempt to resolve the issues which have been raised concerning the Summer custody schedule through counseling as they develop communication and coparenting skills. In the event the parties are unable to agree upon the 2007 Summer custody schedule, counsel for either party may contact the conciliator to schedule an additional conciliation conference to address the issues. BY~URT, Edward E. Guido J. \{H\l'/ !\l},:SNN~3d I I' ,r'v'~. ~,"_., ,~r'<.'nl"\ I\J,J\;\ ,~__r) ~- :"' ,"\:::.p~?~t v to :6 HV 62 d3S 9UOl ^l:fV1C.XK.H.LOdd 3Hl 30 j8L!~O-Gjllj " T GARRY L. TETER, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-1477 CIVIL ACTION LAW KIMBERLY TETER Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jessica Ann Teter Alyssa Marie Teter November 3, 1998 September 2, 2000 Mother Mother 2. A custody conciliation conference was held on September 26, 2006, with the following individuals in attendance: The Father, Garry L. Teter, with his counsel, Jeanne B. Costopoulos, and the Mother, Kimberly Teter, with her counsel, Marylou Matas. 3. The parties agreed to entry of an Order in the form as attached. ~~ d ~ eJ-0()& Date Da~ Custody Conciliator