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HomeMy WebLinkAbout05-1792. KENNETH F. LEWIS, ESQUIRE I.D. 169383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JASON ZIMMERMAN, a minor BY DENISE ZIMMERMAN, Plaintiff V. TYNE AURAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 65--?-1-792 c CIVIL LAW - CUSTODY PETITION FOR CUSTODY 1. The Plaintiff is JASON ZIMMERMAN, a minor, currently residing at 2121 South Second St., Steelton, Dauphin County, PA 17113, by Denise Zimmerman, his mother, residing at the same location. Jason Zimmerman is the subject child's natural father. 2. Defendant, TYNE AURAND, is a 17 year old individual currently residing at 32 North 8th St., Lemoyne, Cumberland County, PA 17043. She is the subject child's natural mother. 3. Plaintiff seeks shared legal custody and periods of physical custody with his daughter, KIRSTEN AURAND, born April 5, 2004 (age 1). 4. The child has resided with the following persons at the following addresses for the following periods of time: NAME mom/maternal grandmom/various relatives mom/boyfriend ADDRESS 611 2nd St. New Cumb, PA see paragraph *2 DATE date of birth (4/5/04) - 3/19/05 3/19/05 - present 5. The relationship of the Plaintiff to the child is that of the natural father. He currently resides with his parents and his brother. He is not married. 6. The relationship of the Defendant to the child is that of natural mother. She current resides with her boyfriend and the subject minor child. She is not married. 7. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting shared legal custody and periods of physical custody to Plaintiff as the child will benefit from having two loving parents who will each play a major parenting role with respect to the child. 9. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him shared legal custody and partial periods of physical custody of the child. DATE: 4/5/05 KEN TH LEWIS, ESQUIRE Att rney for Plaintiff VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: I r v, SON Z 4ERMAN J? u Dated: &X-,, ? LL_ l v DENISE ZIM) RMAN -- CA- ? 71 Y ! JASON ZIMMERMAN, A MINOR BY IN THE COURT OF COMMON PLEAS OF DENISE ZIMMERMAN PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1792 CIVIL,ACTIONLAW TYNE AURAND DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, April 12, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ Manlove's,1901 State St., Camp Hill, PA 17011 on Friday, May 20, 2005 at 1:00 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 be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children ai4e 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: _Is/ Melissa P. Gree Es . Custody Conator 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 C. J tlo OD J SON ZIMMERMAN, a minor B DENISE ZIMMERMAN, Plaintiff V. AURAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1792 CIVIL LAW - CUSTODY AFFIDAVIT OF SERVICE I certify I served the Custody Complaint and order heduling the custody conference upon the Defendant, Tyne Aurand, d that Ms. Aurand received these documents on April 25, 2005, as idenced by the return receipt attached below. I verify 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. Section 4904, relating to unsworn falsification to authorities. DATED: 4/26/05 zip /ao_ KEN ETH F. LEWIS, ESQ. counsel for Plaintiff 1101 N. Front St. Hbg., PA 17102 (717) 234-3136 SENDER: e>3 .complete name t anNor 2 for additional services. I also wish to receive the m .Complete hems 3,4a, and 4b. following services (for an .Pont your name and address on the reverse of this form so that we can return this extra fee): card to you. ? eAltauri this brtn to the from of the meilpieoa, or, on the back if apace does not I, AddreSS ' `o sWn mot. Receipt Requested' meilprace, below the article number. 2.) Restricted Delivery -The Reim Receipt will show to We was delivered and the date QL /stf G2Q On/ delivered. tmasterforfee. 8 3. Article Addressed to: 4a. Ardde Number 40 cr 1 n e /?a?nd? Y e "? . Service Type Z 0?/el r? ?r [3 Registered certified ? Express Mail ? Insured [I Reim Receipt for Merchandise p COD E, 7_> 3 6r f 7. Date of Delivery 7001 1140 0001 4022 6898 5. Rece d By: (Print me) S. Addresses's Address (Only if requested and fee is paid) / 1 ?, . C 5 c 6. Signat e: (Addressee or Agent) `? ~ T X e Ps For, 381 , December 1994 Domestic Return Receipt ?? ;? ?; r? -n ?,n ? T ' YG T1 - ' ? ? ? C '}? h% 7 -i :'? -' Wis. ^n ? { n ..?' -; ?, -? .r'y ?.,? .,.,J `J3 ?? RECEIVED JUN 0 7 2WW5J JASON ZIMMERMAN, a minor by DENISE ZIMMERMAN, Plaintiff V. TYNE AURAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1792 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 6th day of June, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE COURT: Custody Conciliator :252179 r, o -- c? ? ? -+, -, ` ?. rte- --? tr.r _ -n;-?, ? lS?? _ _,- ,::??- _,rn -? « :< JASON ZIMMERMAN, a minor : IN THE COURT OF COMMON PLEAS OF BY DENISE ZIMMERMAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 05-1792 CIVIL ACTION-LAW TYNE AURAND, Defendant CUSTODY CUSTODY AGREEMENT AND NOW, this day of H, 2005, TYNE AURAND ("Mother") and JASON ZIMMERMAN ("Father"), and Amy Hambright ("Grandmother"), stipulate to the following provisions being made an Order of Court: I. Mother and Father shall share legal custody of their child, KIRSTEN AURAND, born April 5, 2004 (age 1). Both parents realize it is critical for the child's healthy development that she feel good about, and loving toward, both parents and that both parents play a major role in helping to achieve this goal. 2. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other's rights to shared legal custody of the child. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Grandmother shall have primary physical custody of the child. Grandmother is encouraged to foster a healthy relationship between. Mother and the Child, and therefore to comply with any reasonable request of Mother to see! the child. Father shall have physical custody of the child as follows: a) On alternating weekends beginning April 30, 2005. [The weekend shall be defined as from Saturday at 10:00 a.m. through Sunday at 6:00 p.m.]; b) Each Wednesday, from 4:00 p.m. through 8:00 p.m. C) Father shall have the child for one continuous week (beginning Friday at 4:00 p.m. and ending the following Friday at 4:00 p.m.) during the week that includes July 4d'. If Grandmother loses a weekend due to this continuous week period, she shall receive the following weekend as a make-up weekend. 4. Grandmother, Mother, and Father acknowledge that the above periods of physical custody are in the best interests of the child as of the date of this agreement first signed above. Each party understands that this Custody Agreement can be modified at any time through an agreement of the parties. This Custody Agreement is not meant to limit the parties' access to the child to the above schedule, but instead shall be a minimum schedule of physical custody in the event the parties cannot agree. Nothing in this agreement prevents, discourages, or precludes modification at any time by the parties. 5. HOLIDAY VISITATION: This visitation shall take precedence over all other visitation herein. a) Father shall have physical custody of the child each Father's Day and Mother shall have physical custody each Mother's Day. These; visitations shall be from 9:00 a.m. until 8:00 p.m. b) CHRISTMAS: Christmas shall be split into two periods: The first period shall be from 9:00 a.m. December 23`d to 12:00 noon on December 25d; the second period shall be from 12:00 noon December 25`h through 8:00 p.m. December 27th. The parties shall alternate these periods yearly with Grandmother having the first period in 2005. C) EASTER: Easter shall be split into two periods: The first period shall be from the Saturday before Easter at 3:00 p.m. through Easter Sunday 12:00 noon until 8:00 p.m. The parties shall alternate these periods yearly with Grandmother having the first period in 2006. 6. Each party to this agreement shall provide the others with all applicable telephone numbers, including home, work and cell phone numbers. Each party shall provide the others addresses where the child will be residing. Each shall telephone the others and provide all it information (names, addresses) if the child will be staying overnight (without a Mother, or Grandmother) for more than two consecutive days. 7. The parties shall share transportation, with each party being responsible for transportation to begin his/her custodial period. 8. During any period of physical custody, the parties shall not possess or use any ed substance (other than legally prescribed medicines), nor shall they consume alcoholic ;es to excess, nor smoke cigarettes inside the residence or vehicle. The parties shall to the extent possible, that others comply with this prohibition while in the presence of child. 9. Mother may not relocate outside Dauphin or Cumberland County, Pennsylvania hout a minimum written notice of ninety (90) days to Father. The ninety day notice is d to afford Father an opportunity to renegotiate the custodial arrangements or to have the listed for a Court hearing. 10. Each party agrees not to attempt to alienate the affections of the child from the others and will make a special conscious effort not to do so. Each party shall refrain from making derogatory comments about the other in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child, whether the child is sleeping or awake. SON .IVZER.IIAN T'ME AURAND A:MY BRIGHT AM H ' ADDENDUM TO CUSTODY AGREEMENT The parties below modify the attached custody agreement for purposes of clarification as follows: 1. The holiday,schedules set forth in paragraphs 5b and 5c are to be alternated between grandmother and father. Mother is not included, but, rather can see the child during grandmother's times as mother and,grandmother may agree. 2. Paragraph 9 is supplemented to confirm that grandmother, while she has primary custody of the child, may not relocate outside Dauphin or Cumberland County without giving the requisite 90 day notice to father. 3. All references to "party" and/or "parties" shall include grandmother, as well as mother and father. 4 WIT S /JASON Z ERMAN WITNESS WITNESS TYNE AURAND AMY HAMBRIGHT 02/86/1534 23! 47 7172348288 LEWIS LAW OFFICE PACE 02 The parties below modify the attached custody agreement for purposes of clarification as follows: 1. The holiday schedules set forth in paragraphs 5b and 5c are to be alternated between grandmother and father. Mother is not included, but, rather can see the child during grandmother's times as mother and grandmother may agree. 2. Paragraph 9 is supplemented to confirm that grandmother, while she has primary custody o! the child, may hot relocate outside Dauphin or Cumberland County without giving the requisite 90 day notice to father. 3. All references to "party" and/or "parties" shall include grandmother, as well as mother and father. WITNESS JASON' ZIMMERMAN m ryniO WITNESS W NESS z \ AAA WA TYN AURAND ANY 14 RTGH - ?f -j i W lj YRECEIVED SEP 072005 JASON ZIMMERMAN, a minor BY DENISE ZIMMERMAN, Plaintiff V. TYNE AURAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1792 CIVIL ACTION-LAW CUSTODY CON ENT ORDER AND NOW, this? day o 00T, upon consideration of the attached Custody Agreement of the parties in the above-captioned matter, consisting of five pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Custody Agreement into a consent order, IT IS ORDERED that said Custody Agreement is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE COUR-R J. Distribution: -Joseph D. Caraciolo, Esquire 4/2108 Market Street, Camp Kenneth F. Lewis, Esquire 1101 North Front Street, .S Hill, PA 17011 Harrisburg, PA 17102 ?ty•O? C7 ? 'J JASON ZIMMERMAN, a minor IN THE COURT OF COMMON PLEAS OF BY DENISE ZIMMERMAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 05-1792 CIVIL ACTION-LAW TYNE AURAND, Defendant CUSTODY CUSTODY AGREEMENT AND NOW, this S day of AA$ HS 2005, TYNE AURAND ("Mother") and JASON ZIMMERMAN ("Father"), and Amy Hambright ("Grandmother"), stipulate to the following provisions being made an Order of Court: Mother and Father shall share legal custody of their child, KIRSTEN AURAND, born April 5, 2004 (age 1). Both parents realize it is critical for the child's healthy development that she feel good about, and loving toward, both parents and that both parents play a major role in helping to achieve this goal. 2. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other's rights to shared legal custody of the child. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Grandmother shall have primary physical custody of the child. Grandmother is encouraged to foster a healthy relationship between Mother and the Child, and therefore to comply with any reasonable request of Mother to see the child. Father shall have physical custody of the child as follows: a) On alternating weekends beginning April 30, 2005. [The weekend shall be defined as from Saturday at 10:00 a.m. through Sunday at 6:00 p.m.]; b) Each Wednesday, from 4:00 p.m. through 8:00 p.m. C) Father shall have the child for one continuous week (beginning Friday at 4:00 p.m. and ending the following Friday at 4:00 p.m.) during the week that includes July 4t'. If Grandmother loses a weekend due to this continuous week period, she shall receive the following weekend as a make-up weekend. 4. Grandmother, Mother, and Father acknowledge that the above periods of physical custody are in the best interests of the child as of the date of this agreement first signed above. Each party understands that this Custody Agreement can be modified at any time through an agreement of the parties. This Custody Agreement is not meant to limit the parties' access to the child to the above schedule, but instead shall be a minimum schedule of physical custody in the event the parties cannot agree. Nothing in this agreement prevents, discourages, or precludes modification at any time by the parties. 5. HOLIDAY VISITATION: This visitation shall take precedence over all other visitation herein. a) Father shall have physical custody of the child each Father's Day and Mother shall have physical custody each Mother's Day. These visitations shall be from 9:00 a.m. until 8:00 P.M. b) CHRISTMAS: Christmas shall be split into two periods: The first period shall be from 9:00 a.m. December 23r0 to 12:00 noon on December 25th; the second period shall be from 12:00 noon December 25`h through 8:00 p.m. December 27`h. The parties shall alternate these periods yearly with Grandmother having the first period in 2005. C) EASTER: Easter shall be split into two periods: The first period shall be from the Saturday before Easter at 3:00 p.m. through Easter Sunday 12:00 noon until 8:00 p.m. The parties shall alternate these periods yearly with Grandmother having the first period in 2006. 6. Each party to this agreement shall provide the others with all applicable telephone numbers, including home, work and cell phone numbers. Each party shall provide the others addresses where the child will be residing. Each shall telephone the others and provide all information (names, addresses) if the child will be staying overnight (without a Mother, Father, or Grandmother) for more than two consecutive days. 7. The parties shall share transportation, with each party being responsible for arranging transportation to begin his/her custodial period. 8. During any period of physical custody, the parties shall not possess or use any led substance (other than legally prescribed medicines), nor shall they consume alcoholic ;es to excess, nor smoke cigarettes inside the residence or vehicle. The parties shall e_nsive, to the extent possible; that others comply with this prohibition while in the presence of the child. 9. Mother may not relocate outside Dauphin or Cumberland County, Pennsylvania without a minimum written notice of ninety (90) days to Father. The ninety day notice is designed to afford Father an opportunity to renegotiate the custodial arrangements or to have the matter listed for a Court hearing. 10. Each party agrees not to attempt to alienate the affections of the child from the others and will make a special conscious effort not to do so. Each party shall refrain from making derogatory comments about the other in the presence of the child and, to the extent shall not permit third parties from making such comments in the presence of the child, the child is sleeninp or awake. 50N Z .MERMAN TYNE AURAND AMY H BRIGHT ADDENDUM TO CUSTODY AGREEMENT The parties below modify the attached custody agreement for purposes of clarification as follows: 1. The holiday schedules set forth in paragraphs 5b and 5c are to be alternated between grandmother and father. Mother is not included, but, rather can see the child during grandmother's times as mother and, grandmother may agree. 2. Paragraph 9 is supplemented to confirm that grandmother, while she has primary custody of the child, may not relocate outside Dauphin or Cumberland County without giving the requisite 90 day notice to father. 3. All references to "party" and/or "parties" shall include grandmother, as well as mother and father. WI TN S cL?Y1? SON Z ERMAN WITNESS WITNESS TYNE AURAND AMY HAMBRIGHT . . . 02/06/1334 2?-47 7172348288 LEIAIS LAW OFFICE PA« 02 The parties below modify the attached custody agreement for purposes of clarification as follows: 1. The holiday schedules set forth in paragraphs 5b and sc are to be alternated between grandmother and father. Mother is not included, but, rather can see the child during grandmother's times as mother and grandmother may agree. 2. Paragraph 9 is supplemented to confirm that grandmother, while she has primary custody of the child, may not relocate outside Dauphin or Cumberland County without giving the requisite 9o day notice to father. 3. All references to "party" and/or "parties" shall include grandmother, as well as mother and father. WITNESS JASON ZIMMERMAN V WITNESS W NESS TYN9 AURAND ANY MX"P-TGHT n? O cn -? '" t ? }7 JASON ZIMMERMAN, a minor BY DENISE ZIMMERMAN, Plaintiff V. TYNE AURAND, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1792 CIVIL ACTION-LAW CUSTODY AGREEMEW TO MODIFY CUSTODY ORDER AND NOW, this l? day of rebf v4 fu 2009, TYNE AURAND ("Mother") and JASON ZIMMERMAN ("Father"), stipulate to the following provisions being made an order of Court and supplanting the September 7, 2005 Custody Order: 1. Mother and Father shall share legal custody of their child, KIRSTEN AURAND, born April 5, 2004 (age 4). Both parents realize it is critical for the child's healthy development that she feel good about, and loving toward, both parents and that both parents play a major role in helping to achieve this goal. 2. The parties agree that major decisions concerning the child, including, but not limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. Each party agrees not to impair the other's rights to shared legal custody of the child. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with.him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. Father shall have primary physical custody of the child. Mother shall have physical custody of the child on alternating weekends beginning January 16, 2009. (The weekend shall be defined as from Friday at 4:00 p.m. through Sunday at 4:00 p.m.] Both parents shall ensure the safety of the child at all times while in his/her physical custody. They shall provide safe residences (as well as ensuring the safety of places which the child visits). Both parents shall shield the child from persons of an intemperate nature and who exhibit poor character. 4. HOLIDAY VISITATION: This visitation shall take precedence over all other visitation herein. a) Father shall have physical custody of the child each Father's Day and Mother shall have physical custody each Mother's Day. These visitations shall be from 9:00 A.M. until 8:00 P.M. b) CHRISTMAS: Christmas shall be split into two periods: The first period shall be from 9:00 a.m. December 23rd to 12:00 noon on December 25th; the second period shall be from 12:00 noon December 25th through 8:00 p.m. December 27th. The parties shall alternate these periods yearly with Mother having the first period in 2009. c) EASTER: Easter shall be split into two periods: The first period shall be from the Saturday before Easter at 3:00 p.m. through Easter Sunday at 12:00 noon; the second period shall be from Easter Sunday 12:00 noon until 8:00 p.m. The parties shall alternate these periods yearly with Father having the first period in 2009. 5. Both parents shall provide the other with all applicable telephone numbers, including home, work and cell phone numbers, as well as e-mail addresses and places where they will be residing. 6. Mother shall pick-up and return the child at father's residence unless otherwise agreed upon by the parties. 7. During any period of physical custody, the parties shall not possess or use any controlled substance (other than legally prescribed medicines), nor shall they consume alcoholic beverages to excess, nor smoke cigarettes inside the residence or vehicle. The parties shall ensure, to the extent possible, that others in the presence of the child comply with this prohibition. 8. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall refrain from making derogatory comments about the other in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child, whether the child is sleeping or awake. 9. The maternal grandmother, Amy Hamright, is also signing this Agreement as she was given primary physical custody of the child under the Court's last Order dated September 7, 2005. TYNE URAND 3 MAMY av\CX4 WITN SS r,a N c co ?j PEO 2 2oe? KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff JASON ZIMMERMAN Plaintiff V. TYNE AURAND, Defendant : IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1792 CUSTODY O R D E R CIVIL ACTION-LAW AND NOW, this SZ%A..- day of , 2009, it is hereby ORDERED and DECREED that the attached Custody Agreement executed by the parties is hereby made an Order of Court. 21STRI UTION: $enneth F. Lewis, Esq., 1101 N. Front St., Hbg., Ms. Tyne Aurand, 122 Twin Hills Road, Dillsburg, Clop Cf..S' rrl. zt '3E'2 //of ,I PA 17102 PA 17019 t?t (ti r ??; L `A -1 ?,r LE :9 Ul Z- 81W 65OZ