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HomeMy WebLinkAbout05-3846MICHAEL GREAK, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. D5- J S1414 JEANNE KANN, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Michael Greak, Jr., who currently resides at 31 Kerrs Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Jeanne Kann, who currently resides at 3 High Street, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff seeks custody of the following child: Name: Preston Greak Date of Birth: December 25, 2000 Address: 31 Kerrs Avenue, Carlisle, PA 17013 4. The child was born out of wedlock. 5. The child is presently in the primary custody of Michael Greak, Jr., 31 Kerrs Avenue, Carlisle, Cumberland County, Pennsylvania, and partial custody of Jeanne Kann, 3 High Street, Newville, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Michael Greak, Jr. Michael Creak, Jr. 31 Kerrs Avenue, Carlisle, PA 12/2003 to present 3300 Union Deposit 12/2002 to 12/2003 Road, Harrisburg, PA Michael Greak, Jr. Boas Street, Harrisburg, 12/2001 to 12/2002 PA Micheal Greak, Jr. and Jeanne Hershey, PA 12/25/2000 to 12/2001 Kann 7. The mother of the child is Jeanne Kann, who resides at 3 High Street, Newville, Cumberland County, Pennsylvania. 8. Mother of the child, Jeanne Kann, is not married. 9. The father of the child is Michael Creak, Jr., who currently resides at 31 Kerry Avenue, Carlisle, Cumberland County, Pennsylvania. 10. Father of the child, Michael Greak, Jr., is married. 11. The relationship of Plaintiff to the child is that of Father. 12. The relationship of Defendant to the child is that of Mother. 13. The Defendant currently resides with the following persons: Barry Miller, Jr. (mother/defendant's paramour) 14. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. The 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father has been the primary caregiver of the minor child since his birth. He has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Father. C. Father is able to provide a stable environment for the child. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that This Honorable Court grant primary physical custody of the child to the Plaintiff/Father. Dxmo? 27/&5 Respectfully submitted, ABOM& KUTUZ.AZQS, L.L.P. Kara W. Haggerty ID No. 86914 Attorney for Plaintiff Carlisle, PA 17013 (717) 249-0900 VERIFICATION I, Michael Greak, Jr., verify that the statements made in this Custody Complaint 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 unworn falsification to authorities. Date: (0 /,0 5 A?//- Michael Greak, Jr. CERTIFICATE OF SERVICE AND NOW, this G! day of July, 2005, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jeanne Kann 3 High Street NewviW,e, PA 17241 Respectfully submitted, ABOM& KUTUM"S, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney jar Plaintiff lk) 1 c+ ? N CJ G7 C_J -< {Ili' 1.I? BY --------------------- MICHAEL GREAK, Jr., Plaintiff V. JEANNE KANN, Defendant IN THE COURT Or COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 65 - 5V6 CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR AN AGREED ORDE?R OF CUSTODY AND NOW, this -)a- day of 2005, the parties hereby -11 stipulate and agree as follows: 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor child, Preston Greak, born December 25, 2000. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions that must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/hex as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Mother's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. It will be Father's primary responsibility to provide Mother with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a) Barry Miller, Jr. is to have no contact, direct or indirect, with the child at any time, including, but not limited to, during Mother's periods of physical custody. II. PHYSICAL CUSTODY; Father will have primary physical custody with Mother having partial physical custody, failing mutual agreement to the contrary, as follows: 1. Alternating weekends with Mother from Friday at 5:00 p.m. until Sunday at 5:00 p.m. The general pattern shall be one weekend with Father and one weekend with Mother. 2. Thanksgiving Day will be spent with Father from 9:00 a.m. until 3:00 p.m. and with Mother from 3:00 p.m. until 9:00 p.m., every year. 3. Christmas Holiday: a) with Mother on December 24 from 9:00 a.m. until 9:00 p.m. b) with Father from 9:00 p.m. on December 24 through December 25. 4. Easter Day will be spent with Father from '9:00 a.m. until 3:00 p.m. and with Mother from 3:00 p.m. until 9:00 p.m., every year. 5. Mother's Day with Mother from 9:00 a.m. until 5:00 p.m. every year. 6. Father's Day with Father from 9:00 a.m. until 5:00 p.m. every year. 7. All other holidays will be shared by agreement of the parties. 8. During the child's summer vacation from school every year, the alternating weekend pattern shall continue, except that upon thirty (30) days prior notice to the other parent, each parent shall have two (2) non-consecutive weeks of custody. 9. Transportation shall be shared equally by the parties. 10. Father shall have the right of first refusal when the mother is not exercising her periods of partial custody described in paragraphs one (1) through nine (9) of this section. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents. The children shall be permitted free access to place calls to their parents at any time they desire. As indicated by their signatures below, shall be entered as an Order of the Court. Michael Greak,., Plaintiff the parries agree that this Stipulation d,BLw/---- f arue Kann, Defendant Kara W. Haggerty, Esquire r?, n?> _... j __+ i _ _ i ` ?`- _- .- ': -?°; W ` MICHAEL GREAK, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEANNE KANN DEFENDANT 05-3846 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 04, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 02, 2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Esq. ;y' Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ?? ? so??a ? ?, ?,,,,?, ?,a?(t? ,? ?. ,,-ai_.' -? ? ?_, 'r. _RECEIVED SEP 0 6 2005 MICHAEL GREAK, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 05-3846 CIVIL ACTION - LAW JEANNE KANN, : IN CUSTODY Defendant COURT ORDER AND NOW, this av ? day of September, 2005, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilro , Esquire Custody Conc' ator - a1r1fJ AL's MICHAEL GREAK, r., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 05-3846 Civil JEANNE KANN, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this PLLday of n c 2005, it is hereby ORDERED, ADJUDGED AND DECREED that the attached Stipulation of Custody Agreement of Parties is approved by the Court. BY THE COURT: Distribution: ,,Kra W. Haggerty, Esquire - Counsel for Plaintiff 36 S. Hanover Street Carlisle, PA 17013 a?0? t Tr l 01 :Z !".? t-133 SGoZ i?t??JfC'idun1.?:c; aNl ?t7 Mr. Michael J. Greak, Jr., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Ms. Jeanne R. Kann, Defendant/Petitioner : NO. 05- 3846 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER AND NOW, comes petitioner Jeanne R. Kann, by and through her attorneys, the Family Law Clinic, and in support of Petition to Modify Custody states as follows: 1. Defendant/Petitioner is Jeanne R. Kann (hereinafter Mother), an adult individual residing at 1 Jean Avenue, Newville, PA 17241. 2. Plaintiff/Respondent is Michael J. Greak, Jr. (hereinafter Father), an adult individual residing at 31 Kerrs Avenue, Carlisle, PA 17013. 3. Mother and Father are the natural parents of Preston Greak, born December 25, 2000. 4. On October 4, 2005, this Honorable Court entered a custody order in this matter directing that Mother and Father have shared legal custody of the child. Father has primary physical custody of the child and Mother has partial physical custody. Mother is to have physical custody of the child every other weekend. The parties split custody of the child on Thanksgiving and Easter. On Christmas Eve, Mother has the child from 9:00 a.m. until 9:00 p.m. During the child's summer vacation, Mother continues to have the child on alternating weekends. Each parent has the child for two non- consecutive weeks during the summer. 5. This Order should be modified because: a. Mother would like more time with her son. b. Mother agreed to the previous custody arrangement because she wanted the child to remain in his current school. c. Mother has noticed the child has been exhibiting behavioral problems such as punching and threatening other children and adults. The child lived with Mother until the age of five and did not have these behavioral problems until the 2007 - 2008 school year. d. The child's behavioral problems have gotten him in trouble at school. e. The child has expressed to Mother a desire to spend more time with her. f. Mother feels that it is in the child's best interests to spend more time with her. 3. Pursuant to Cumberland County Rule of Procedure 208.2(d), concurrence of opposing counsel, Kara W. Haggerty Esquire, was sought. Opposing counsel does not concur with this petition. 4. The Honorable J. Wesley Oler Jr. previously ruled in this matter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother three weekends a month during the school term and every other week during the summer because it will be in the best interest of the child. Date: ce Angel B ey Certified Legal Intern MEGA RIESMEYER 17 Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date:- NF. Jeanne R. Kann CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this (p day of )u f\ e , 2008: Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Angel radley Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Y ,. M -Ze r zz, 1 `? Mr. Michael J. Greak, Jr., Plaintiff/Respondent V. Ms. Jeanne R. Kann, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 05- 3846 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Ms. Jeanne R. Kann, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date tL Log Angel ]Wadley Certified Legal Intern ;n GA RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ? ra Q .TJ t f7l r c: 5m 21 ,. 4 - E - . MICHAEL J. GREAK, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-3846 CIVIL ACTION LAW JEANNE R. KANN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at4th Floor, Cumberland County Courthouse, Carlisle on Friday, July 18, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4V A-LNnr wd l I nnr ow ?t1t}u;=dd CHI j0 JUL 2 91UU? MICHAEL J. GREAK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW JEANNE R. KANN, NO. 2005-3846 Defendant IN CUSTODY COURT ORDER AND NOW, this - day of -Tv ( 2008, upon consideration of the attached Custody Conciliation Report, it is ordered 1-d-irec;ed as follows: 1. A hearing is scheduled in Courtroom No. I of the Cumberland County Courthouse on the ??rAt, day of 0 r ? , 2008, at D __e. m. At this hearing, the Mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of October 4, 2005, shall remain in place. 3. In the event the parties are unable to reach an agreement with respect to Mother's additional one week period of custody during the summer of 2008, legal counsel for the parties may contact the Custody Conciliator and the Conciliator will recommend to the Court a resolution on that issue. 4. In the event legal counsel for the parties believe a second custody conciliation conference may aid in the resolution of this case prior to the hearing scheduled above, legal counsel for the parties may contact the Custody Conciliator directly to schedule another conciliation conference. BY THE COURT, cc: Xar; W. Haggerty, Esquire ngel Bradley, Certified Legal Intern J erg ?? tL -1 C '? MICHAEL J. GREAK, JR., Plaintiff vs. JEANNE R. KANN, Defendant NO. 2005-3846 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Preston Greak, born December 25, 2000 2. A Conciliation Conference was held on July 28, 2008, with the following individuals in attendance: The mother, Jeanne R. Kann, who appeared with her counsel, Student Attorney Angel Bradley of the Dickinson School of Law-Penn State University Family Law Clinic, and the father, Michael J. Greak, Jr., with his counsel, Kara W. Haggerty, Esquire. 3. The parties have been acting under an Order from October, 2005, which gave the Father primary custody. Mother is now seeking to expand that Order and to also lift some restrictions with respect to her boyfriend. Mother is seeking three out of four weekends and is also seeking shared physical custody in the summer. The Father was unable to agree on any modifications of the Order and the custody conciliation conference and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: July ;) ? , 2008 Gily6y, Esquire Custody MICHAEL J. GREAK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JEANNE R. KANN, Defendant NO. 05-3846 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 5t' day of November, 2008, upon consideration of the attached letter from Angel Bradley, Certified Legal Intern with the Family Law Clinic, the hearing previously scheduled in the above matter for October 28, 2008, is cancelled. '/ara W. Haggerty, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ?Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Defendant :rc 1 t* GS rr?at L L ///&/68 tzv-n J. BY THE COURT, Q ! :Z Wd 9- AON OOOZ ]' 1 4! L.Ji,?YV? f.;.CJwz? .,3i -40 PENNSTATE The Dickinson IV School of Law Family Law Clinic The Date F, Shupri C:ommptlily 1 7w celltcr 45 North Pitt Sit=( (.'arlislc, PA 17013 Office: 717-24:1-2968 Fax: 717-23.3631) A -:rvicc to the commimily by sturlcnly Frorn The Dickinmin School of Law of The Pennsylvania SWI.c University November 5, 2008 VIA FACSIMILE & US Mail Honorable J. Wesley Oler, Jr. 1 Courthouse Sqaure Carlisle, PA 17013 Re: Greak v- Kann Docket No: 05 - 3846 Dear Judge Oler: The Family Law Clinic represents Jeanne Kann in the above referenced case. This letter is to confirm that the parties are in the process of reaching an agreement in their custody matter. Therefore, the custody hearing previously scheduled for October 28, 2008 at 1:30 p.m. was canceled. Counsel for Mr. Greak, Kara Haggerty, Esquire, concurred with the cancellation of the hearing and will submit the parties agreement and proposed Order to you once the agreement is signed by her client, If you have any questions or concerns, please feel free to contact me at the Clinic, Very truly yours, Angel Bradley Certified Legal Intern cc: Kara Haggerty, Esq. Jeanne Kann 'Ne Dickinson School of Law of 17he Pennsylvania State University An Klivil Wporamiry University MICHAEL GREAK, Jr., Plaintiff V. JEANNE KANN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 05-3846 Civil CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, this I day of I?D UVI IIY-A(. 2008, the parties hereby stipulate and agree as follows: 1. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor child, Preston Greak, born December 25, 2000. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents )oindy, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks nor do anything that could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage him to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions that must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Mother's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. It will be Father's primary responsibility to provide Mother with copies of report cards and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the child which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a) The child is to have no unsupervised contact with Barry Miller, Jr. at any time. During Mother's periods of physical custody Mother specifically agrees to supervise the child anytime Barry Miller, Jr. is present. IT. PHYSICAL CUSTODY Father will have primary physical custody with Mother having partial physical custody, failing mutual agreement to the contrary, as follows: 1. Alternating weekends with Mother from Friday at 5:00 p.m. until Monday morning when Mother shall take the child to school. If Monday is a school holiday, Mother shall return the child to Father at 8:30 a.m. The general pattern shall be one weekend with Father and one weekend with Mother. 2. Thanksgiving Day will be spent with Father from 9:00 a.m. until 3:00 p.m. and with Mother from 3:00 p.m. until 9:00 p.m., every year. 3. Christmas Holiday: a) with Mother on December 24 from 9:00 a.m. until 9:00 p.m. b) with Father from 9:00 p.m. on December 24 through December 25. 4. Easter Day will be spent with Father from 9:00 a.m. until 3:00 p.m. and with Mother from 3:00 p.m. until 9:00 p.m., every year. 5. Mother's Day with Mother from 9:00 a.m. until 5:00 p.m. every year. 6. Father's Day with Father from 9:00 a.m. until 5:00 p.m. every year. 7. All other holidays will be shared by agreement of the parties. 8. During the child's summer vacation from school every year, the alternating weekend pattern shall continue, except that upon thirty (30) days prior notice to the other parent, each parent shall have two (2) non-consecutive weeks of custody. The parties acknowledge that Mother has asked the Court to grant her additional physical custody of the child during the summer months and agree to defer discussion of that issue until Spring 2009. 9. Transportation shall be shared equally by the parties. 10. Father shall have the right of first refusal when the mother is not exercising her periods of partial custody described in paragraphs one (1) through nine (9) of this section. 11. In the event Mother fails to supervise the child or repeatedly fails through her own fault to get the child to school on time on her weekends, the Order of October 4, 2005 shall become immediately in effect pending any further Court proceedings to remedy the situation. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The child shall be permitted free access to place calls to the parents at any time. As indicated by their signatures below, the parties agree that this Stipulation shall be entered as an Order of the Court. Michael Greak, Jr., Plaintiff i` ma C Kara W. Haggerty, Este Jea ne Kann, Defendant t? Angel Bradley, Certi ed Legal Intern - t' ra UO NOV 13 200$&) MICHAEL GREAK, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. 05-3846 Civil JEANNE KANN, : CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this lda of v , 2008, it is hereby ORDERED AND DECREED that the attached Stipulation for an Agreed Order of Custody is hereby made an Order of Court. BY THE COURT: J. )Vesley Oler, Jr./,",7 'I J. Distribution: (/ Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Angel Bradley, Certified Legal Intern Dickinson School of Law Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 r ?o ? e s /Yr?. t l ? I : I d 81 RON 8001 ,KdViQNy )' W " ?O 331-,' ?D-Cmu