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HomeMy WebLinkAbout05-6025 Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. (If_ (.0))' DANIEL L. LORD, vs. NICOLE M. LORD, Defendant. CIVIL ACTION - CUSTODY SHARED CUSTODYNISITATION COMPLAINT 1. The Plaintiff is Daniel L. Lord residing at S5 Oliver Road, Enola, Cumberland County, Pennsylvania, 17025. 2, The Defendant is Nicole M. Lord, residing at 232 East High Street, Elizabcthtown, Lancaster County, Pennsylvania, 17022. 3. Plaintiff seeks shared custody of the following children: Name Present Residence Date of Birth Caleb Josiah Lord 232 E. High Street, Elizabethtown, P A 08/1 4/02 4. The child was born in wedlock. The child is presently in the custody of Nicole M. Lord, who resides at 232 E. High Street, Elizabethtown, Pennsylvania. 5. During the past five years, the child has resided with the following persons and at the following addresses: Person! s) Addresses Dates Nicole M. Lord 232 E. High Street, Elizabethtown, P A 02/05 - present Nicole M. Lord I ION. Enola Dr., Enola, P A 02/04- 02/0S Nicole M, Lord and Daniel L. Lord lION. Enola Dr., Enola, P A 06/03 - 02/04 Nicole M. Lord lION. Enola Dr., Enola, P A 08/02 (birth) - 06/03 The mother of the child is Nicole M. Lord, currently residing at 232 East High Street, Elizabeththown, Pennsylvania. She is separated. 6. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: Name Relationship Shaun Lord Son 7. The relationship of Defendant to the child lS that of Mother. The Defendant currently resides with the following persons: Namc Relationship Caleb Lord Madison Lehman Nathaniel Lehman Son Daughter Son 8. 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 another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because 2 (a) Caleb currently resides with his stepsister, Madison Lehman, age 13. and stepbrother, Nathaniel Lehman, age 8, who have both been diagnosed as clinically depressed. (b) Nathaniel Lehman has made obscene and indecent remarks in front of Caleb. (c) Madison Lehman and Nathaniel Lehman frequently say/scream statements such as "I hate you" (to their mother), "I want to die", "I'm running away". (d) Caleb Lord often mimics Nathaniel's behavior. In Plaintiffs presence, Caleb stated he was running away and then started running. (e) Caleb is constantly in the company of Madison Lehman and Nathaniel Lehman in that they are home schooled. (f) Plaintiff filed a complaint with a County agency in Cumberland County after witnessing Nathaniel Lehman poking Caleb's rectum. (g) Defendant's keeps an unclean home and vehicle. (h) Plaintiff is able to provide a stable home and emotional environment for Caleb; (i) Plaintiffs work schedule allows him to work from his home thereby being home with Caleb. (j) Plaintiff has a genuine care and concern for the child. (k) Plaintiff has the facilities to provide for the care, comfort and control of Caleb, as well as the intention and desire to do so. 3 10. Each parent whose parental rights to the child have not terminated and that person who has physical custody of the child has been named as parties to this action. WHEREFORE, pursuant to the Custody Act, 23 Pa, C.S. Section 5301, et ~., Plainti ff requests the court to grant me shared custody and visitation of the child. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94901 relating to unsworn falsification to authorities. Dated: IO'1~-D5 Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 By: ~H. 0~~ IRA H. WEINSTOCK 4 I verify that the statements made in this Shared Custody/Visitation Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 94901 relating to unsworn falsification to authorities. 0011\ V DANIEL t LO Dated: jO'z4'O'S . . CERTIFICATE OF SERVICE AND NOW, this ~ day of tJavt/l'\..W, 2005, I, Ira H. Weinstock, Esquire, attorney for Petitioner, hereby certify that I served the within SHARED CUSTODYIVISITATION COMPLAINT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Nicole M. Lord 232 East High Street EIizabethtown, P A 17022 By: Jh~H.~~cL IRA H. WEINSTOCK (, ~)~ i:0 ~ . ~ '-... 5::1"'. ~ ~r ~, -r....~ - '...... :>' - v-, cJ (' ~ ~:-- ) 1-") .'h :~j r:'i c ~ ...,.... (<~ L) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL L. LORD, NO. 05-6025 CIVIL TERM Plaintiff CIVIL ACTION - LAW v. IN CUSTODY NICOLE M. LORD, Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Nicole M. Lord. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: December 15, 2005 ~ ~ / DCLlFF, ESQUIRE I t'7lJ[ o c Z:. -0((' rn~-; --/'-:t; 01.:-- S-~'.,- }';::f., .~, (-' ):::"':::.. -::~1 '-- ~ = U' CJ r-1 c-> - \.0 -;:::~ :.,~ '2 ~ -\ :r:-,., f'i1p .."m ->J'1' ~~:~ (~?, .\~'" ("j ~;S ,',?:;,. ,-) ~-\ 7' <.0 :-<. en o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL L. LORD, NO. 05-6025 CIVIL TERM Plaintiff CIVIL ACTION - LAW v. IN CUSTODY NICOLE M. LORD, Defendant STIPULATED CUSTODY AGREEMENT AND NOW This 25. ~ of S~~YY\ bc.c- , 2006, Nicole M. Lord ("Mother") and Daniel L. Lord ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor child, Caleb Josiah Lord, born on August 14, 2002 (the "Child"): SECTION I. LEGAL CUSTODY AND RELATED MATTERS 1.01 Leeal Custody: Mother shall have legal custody of the Child as defined and provided for in 23 PA. C.S.A. ~5309. 1.02 Information Sharine: The parties shall keep each other informed of any matter of importance to the Child and/or related to the obligations under this Agreement. 1.03 Access to Information: Each Parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the Child, and pursuant thereto each Parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents regarding the health, education, religion, and general well being of the Child. 1.04 Non-Maior Decisions: The foregoing notwithstanding in the event any non-major decision needs to be made by Father during his custodial periods involving the Child's day to day living, rules and schedules during while in his home, those decisions can be made by Father. To the extent possible, Father shall attempt to make his decisions, rules and schedules the same as, or similar to, the decisions, rules and schedules made or instituted by Mother, so as to provide the Child with continuity regardless of the then existing custodial Parent. Father shall promptly communicate with Mother regarding these matters so as to effectuate the purposes of this Paragraph. - 1 - 1.05 EmerQencv Decisions: In the event an emergency decision regarding the Child needs to be made by Father during his custodial period, he shall immediately communicate to Mother the nature and extent of the emergency and shall provide Mother with all information pertaining to the treatment so that Mother may be involved in the decision making process at the earliest possible time. 1.06 Copies of Documents: Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Child within such reasonable time as to make the records and information of reasonable use to the other Parent unless the documents are otherwise reasonably available to the other Parent 1.07 No Derogatory Comments: Neither Parent will undertake, or permit by any other person, the poisoning of the Child's mind against the other Parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Child from the other Parent. At all times each Parent shall encourage and foster in the Child a sincere respect and affection for the other Parent. 1.08 No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Child. Neither Parent shall discuss any pending legal action involving the Parents with the Child. Neither Parent utilize the Child for purposes of conveying information or inquiries pertaining to the Child and/or any pending legal action to the other Parent. 1.09 Telephone Contact: Each Parent shall be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with a phone number where the Child may be reached when in that Parent's custody. Neither Parent shall unreasonably interfere with the Child's right to privacy during such telephone conversations, nor shall listen to that conversation an extension telephone. Each Parent shall see that the Child calls the other Parent upon receipt of any phone message requesting such a return call. 1.10 Temporarv Absence: When the Child will be staying away from the then custodial Parent's residence for a period in excess of 24 hours, that Parent shall provide the other Parent with advance notification of the address of the locations where the Child will be staying. - 2 - 1.11 Other Relationships: The Parents acknowledge that the introduction of the child to non- serious relationships may be harmful to the child. Therefor, the Parents agree that neither of them shall introduce the Child to anyone whom he or she is dating which is not a long term committed relationship. Further, neither Parent wHl allow any person he or she is dating to spend the night at his or her residence when the Child is present overnight. SECTION II. PHYSICAL CUSTODY/VISITATION AND RELATED MATTERS 2.01 Primary Custody. Mother shall have primary physical custody of the Child. 2.02 Visitation. Father shall have visitation with the Child. 2.03 Custody Schedule: The parties rights of custody and visitation shall be in accordance with and subject to the following schedule A. Mother's Periods. Mother shall have the Child for any period not specifically herein reserved for Father. B. Father's Weekend's. Father shall have the Child one over night every other weekend from Friday evening at 6:30pm until Saturday evening at 7pm. On the weekends that Father does not have custody of the Child for a weekend overnight Father shall have the Child on Sunday from 1 :30pm until 8:30pm. C. Wednesdays. Father shall have the Child every Wednesday evening from 6:45pm until 9:30pm. D. Father's Vacation. Father shall have the Child for a period of 4 days/3 nights for a vacation 2 times per year. This vacation period may be away from his residence, including his family in Maine only after Father has completed a successful 3 day / 4 night visitation here at Father's home to Mother's satisfaction. E. Mother's Vacation. Mother shall have an opportunity to take the Child on two (2) - 2 week long vacations each year. Mother wHl work with Father to assure that Father gets to visit with the Child within days of leaving and returning from her vacation. F. Father's Day. Father shall have the Child every Father's Day from 10: 30 am until 8:30pm; provided, however, that if Father's Day weekend falls on a weekend that Father would normally have custody of the child for a Friday overnight, he shall - 3 - . . instead have him all day on Sunday. G. Mother's Dav. Mother shall have the Child every Mother's Day from 10:30 am until 8:30pm. If Mother's Day falls on a Sunday that Father would normally have the Child, Father shall have the Child for Friday overnight instead on the Friday before Mother's day. H. Christmas. Starting in 2006 and in even numbered years thereafter, Mother shall have the Child from 1 :30 pm on 12/24 until 1 :30 pm on 12/25, and Father shall have the Child from 1: 30pm on 12/25 until 1 : 30 pm on 12/26. Starting in 2007 and in odd numbered years thereafter, Father shall have the Child from 1 :30 pm on 12/24 until 1: 30 pm on 12/25, and Mother shall have the Child from 1: 30pm on 12/25 until 1 : 30 pm on 12/26. I. Other Holidavs. In even numbered years, Mother shall have the Child for Memorial Day and labor Day; and Father shall have the Child on Easter Day, July 4th and Thanksgiving Day. In odd numbered years, Father shall have the Child for Memorial Day and labor Day; and Mother shall have the Child on Easter Day, July 4th and Thanksgiving Day. The times for each holiday shall be from 10:00am until 7:00 pm, unless otherwise agreed. J. Child's Birthday: Both Parents shall have the opportunity to spend time with the Child on his birthday. They shall mutually agree each year at to the exact time schedule. 2.04 Extracurricular Activities: Both Parents shall honor and participate in the activities that the Child wishes to engage in. During a Parent's custodial period, that Parent shall make certain that the Child attends any extracurricular activities and will transport the Child to and from such activities and the preparation and practice of the activities that are scheduled, in such time so that the Child is able to participate in those activities. Neither Parent shall, however, shall commit the Child to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Child to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Child to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Child to the activity and the custodial Parent shall make certain that the Child is ready for pick up in time to timely attend the activity. - 4 - l . , . 2.05 Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 2.06 Transportation: The transportation necessary for the custodial exchanges herein set forth shall be provided by Father. During periods of transportation, both Parents shall ensure that seat belts and other proper protection are used when transporting the Child. SECTION III. MISCELLANEOUS 3.01 Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. 3.02 Entrv of Court Order: The parents authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: ~MJcfA1M~ {SEAL} Q/1-.- IJ (J ~ Date: 9.&/1-0& Q~ ~:;J;~ DAtil L. lORD ---p--;7 Date: 9~ d ~ ~ Ob {SEAL} - 5 - r--) <:.~;:) c::) <:,..:J'--" ,......"" "-_.J ,"n (? C) _-,I I W ..r::- ~ , " j 10 OCT e 4 2006 .. :-!}1i . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL L. LORD, I Plain~iff I I I I ! NO. 05-6025 CIVIL TERM CIVIL ACTION - LAW v. NICOLE M. LORD, I I I I I Defe~dant I I i I I I I I I IN CUSTODY tn AND NOW, this lL day o,~ 0 t. \t\ ~ U. , 2006, upon consideration of the within Stipulated CUSTODY ORDER Custody Agreement, IT IS HEREBY ORDERED AND DECREED that the Parents' Stipulated Custody I Agreement is incorporatrd into this Order and fully set forth herein. entered as an Order of this Court the same of if BY THE COURT: J. Distribution To: ~ney for Plaintiff: Ira~. Weinstock, Esquire, Suite 100, 800 North Second Street, Harrisburg, PA 17102 .....Aftorney for Defendant: Dlane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 "\~ I t L ~ :2 Hd 9- JJO 90Dl }... '\1'1 ('," '" J' ",' . I -lHl 'e j.; , Lj'\:; :,-.,: I::.,,,, -, .., ) \oJ _ I ;,...'. ",..v.......u -' .... 3~)I:HO-Q31!~ D 1 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Jennifer Spears Brenize, Esquire PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: jspearsbrenize@pjrlaw.com Attorneys for Plaintiff DANIEL L. LORD, Plaintiff v. NICOLE M. LORD, Defendant r 4, r t1BERLAriD c��'.$ J PENNSYLVANIA IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-6025 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY Prior Judge: The Honorable M.L. Ebert, Jr. PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 9th day of July, 2014, comes Plaintiff/Petitioner, Daniel L. Lord, by and through his attorneys, Jennifer Spears Brenize, Esquire and the Law Offices of Peter J. Russo, P.C., and files the following Petition for Modification of Custody and in support thereof avers as follows: 1. Plaintiff/Petitioner, Daniel L. Lord (hereinafter referred to as "Father"), is an adult individual who currently resides at 2 Millfording Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant/Respondent, Nicole M. Lord (hereinafter referred to as "Mother"), is an adult individual who currently resides at 232 East High Street, 47 .00 pi ' 4 -ft 4,003 3o.711 Elizabethtown, Lancaster County, Pennsylvania. 3. The parties are the natural parents of one (1) minor child, Caleb Josiah Lord (hereinafter referred to as "the Child"), whose date of birth is August 14, 2002. 4. The parties entered into a Stipulated Custody Agreement on September 29, 2006, and said agreement was incorporated into an Order on October 6, 2006, by the Honorable M.L. Ebert, Jr. A copy of the parties' September 29, 2006 Stipulated Custody Agreement is attached hereto as Exhibit "A." 5. The Stipulated Custody Agreement does not give Father shared legal custody, and the physical custody schedule is based on a time when the parties were both living in Enola, Mother was still breastfeeding the Child, and Father relented to Mother's demands due to financial concerns. 6. Since 2006, Mother relocated to Elizabethtown, and Father has moved to Mechanicsburg, but remained in Cumberland County. 7. Due to concerns for the Child's welfare, and numerous changes in circumstances, as well as the Child's requests to Father to transfer to Cumberland Valley School District, Father requests modification of the Order to grant him shared legal custody, primary physical custody, and allowing the Child to attend school in Cumberland Valley, as opposed to staying at Bear Creek. 8. Some of Father's concerns, and why he feels he would be the better primary custodian of the Child, are listed as follows: a. Mother has had 5 other children in her home regularly, one older half- brother of the Child, one adopted younger brother of the Child, and three foster children with special needs. b. Upon information and belief, Mother rents rooms of her home to strangers for short terms (i.e., weekly). c. Mother has to lock the Child in his room with a padlock to keep the foster children out, and she has lost the combination, having had to break the lock, which is a fire hazard. d. The Child has had numerous tardies and absences during the past school year, many of which were not legal or excused, and are often due to Mother being unable to get the child to school on time due to all of the other children in her home. Mother lives approximately a mile and half from the school. A copy of the attendance printout is attached hereto as Exhibit "B." e. The Child is very bright; however, he has been falling behind on his schoolwork, and his grades are slipping. Father had to help him get caught up on weekends. There are no other children in Father's home, and Father can directly monitor his schoolwork while spending one- on-one time with the Child, which he needs. f. Mother does not follow the custody schedule, but changes it, often at the last minute. g. Mother has left the country at least twice without informing Father that she would be out of the country. Additionally, she has left the Child with friends instead of contacting Father, and she has listed Father as a "flight risk" with the Child's school, making it difficult for Father to pick up the Child from school even when Mother needs him to. h. Mother fails to share all school information with Father. i. Mother fails to get the Child adequate medical and dental treatment. j. Mother leaves the Child home alone at times. There are numerous sexual offenders listed on the Megan's Law website in close proximity to Mother's home. k. The Child is forced to share a room with other children at Mother's house, but he has his own room at Father's house. 1. The Child feels responsible for his younger adopted brother and is often left to care for him. m. Mother fails to assist the Child with grooming, such as cutting his hair and nails. n. Mother's residence is often chaotic due to all the children and pets (3 dogs), cluttered, unclean, and in violation of township ordinances. o. Mother continues to try to pressure Father and the Child into allowing her to homeschool him. p. At times, Mother has not had a working, safe vehicle. q. For the past few years Father has tried to discuss with Mother the Child's desire to live with Father and attend Cumberland Valley School District, but he fears Mother's manipulation and punishment of the Child whenever he discusses his concerns or the Child's expressed desires. r. Cumberland Valley School District is superior to Elizabethtown, and it is in the Child's best interest to get the best education and academic attention that is possible. s. Father requests that the Child reside with him during the school year throughout the school week, that Mother have liberal weekend and holiday/school break custody, and that legal custody be shared. 9. As this modification will address what school the Child attends, Father respectfully requests that a conciliation conference be expedited, with the expectation that a hearing on the matter will be necessary. 10. Pursuant to Cumberland County Local Rule 208.3(a)(2), the Honorable M.L. Ebert, Jr. is the only judge to have ruled on this matter. 11. Pursuant to Cumberland County Local Rule 208.3(a)(9), Counsel for Plaintiff * believes that Defendant is unrepresented at this time, and therefore, Counsel for Plaintiff is unable to seek concurrence. WHEREFORE, Plaintiff requests your Honorable Court to grant him primary physical and shared legal custody, allow the Child to attend the Cumberland Valley School District, and grant Defendant liberal periods of partial custody. Date: By: Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Jenniler L. Spears Brenize, Eijuire PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, Pennsylvania 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorneys for Plaintiff/Petitioner VERIFICATION I, Daniel L. Lord, 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 perjury of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 6. l Li Daniel L. Lord g -da EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL L. LORD, v. NICOLE M. LORD, Plaintiff Defendant NO. 05-6025 CIVIL TER/ o CIVIL ACTION -LAW "� r° E r •': r rr _ w IN CUSTODY 11 -:::c5= -L. �_; - 0 rn c.r, -< 0 STIPULATED CUSTODY AGREEMENT AND NOW This �'lday of $ ' * -rn , 2006, Nicole M. Lord ("Mother") and Daniel L. Lord ("Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor child, Caleb Josiah Lord, born on August 14, 2002 (the "Child"): SECTION I. LEGAL CUSTODY AND RELATED MATTERS 1.01 Legal Custody: Mother shall have legal custody of the Child as defined and provided for in 23 PA. C.S.A. §5309. 1.02 Information Sharing: The parties shall keepeach other informed of any matter of importance to the Child and/or related to the obligations under this Agreement. 1.03 Access to Information: Each Parent shall be entitled to access to any and all information regarding the health, education, religion, and general well being of the Child, and pursuant thereto each Parent shall be entitled to communicate with and receive information and documents from any persons or entities having such information and/or documents regarding the health, education, religion, and general well being of the Child. 1.04 Non -Major Decisions: The foregoing notwithstanding in the event any non -major decision needs to be made by Father during his custodial periods involving the Child's day to day living, rules and schedules during while in his home, those decisions can be made by Father. To the extent possible, Father shall attempt to make his decisions, rules and schedules the same as, or similar to, the decisions, rules and schedules made or instituted by Mother, so as to provide the Child with continuity regardless of the then existing custodial Parent. Father shall promptly communicate with Mother regarding these matters so as to effectuate the purposes of this Paragraph. 1.05 Emergency Decisions: In the event an emergency decision regarding the Child needs to be made by Father during his custodial period, he shall immediately communicate to Mother the nature and extent of the emergency and shall provide Mother with all information pertaining to the treatment so that Mother may be involved in the decision making process at the earliest possible time. 1.06 Copies of Documents: Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Child within such reasonable time as to make the records and information of reasonable use to the other Parent unless the documents are otherwise reasonably available to the other Parent 1.07 No Derogatory Comments: Neither Parent will undertake, or permit by any other person, the poisoning of the Child's mind against the other Parent, by conversation or otherwise, any communication that explicitly or inferentially derides, ridicules, condemns, or in any manner derogates the other Parent or extended family members. Neither Parent shall attempt, or condone any attempt, directly or indirectly, to estrange the Child from the other Parent. At all times each Parent shall encourage and foster in the Child a sincere respect and affection for the other Parent. 1.08 No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than finalized custody schedules, with the Child. Neither Parent shall discuss any pending legal action involving the Parents with the Child. Neither Parent utilize the Child for purposes of conveying information or inquiries pertaining to the Child and/or any pending legal action to the other Parent. 1.09 Telephone Contact: Each Parent shall be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with a phone number where the Child may be reached when in that Parent's custody. Neither Parent shall unreasonably interfere with the Child's right to privacy during such telephone conversations, nor shall listen to that conversation an extension telephone. Each Parent shall see that the Child calls the other Parent upon receipt of any phone message requesting such a return call. 1.10 Temporary Absence: When the Child will be staying away from the then custodial Parent's residence for a period in excess of 24 hours, that Parent shall provide the other Parent with advance notification of the address of the locations where the Child will be staying. -2- 1.11 Other Relationships: The Parents acknowledge that the introduction of the child to non- serious relationships may be harmful to the child. Therefor, the Parents agree that neither of them shall introduce the Child to anyone whom he or she is dating which is not a tong term committed relationship. Further, neither Parent will allow any person he or she is dating to spend the night at his or her residence when the Child is present overnight. SECTION II. PHYSICAL CUSTODY/VISITATION AND RELATED MATTERS 2.01 Primary Custody. Mother shall have primary physical custody of .the Child. 2.02 Visitation. Father shalt have visitation with the Child. 2.03 Custody Schedule: The parties rights of custody and visitation shall be in accordance with and subject to the following schedule A. Mother's Periods. Mother shall have the Child for any period not specifically herein reserved for Father. B. Father's Weekend's. Father shall have the Child one over night every other weekend from Friday evening at 6:30pm until Saturday evening at 7pm. On the weekends that Father does not have custody of the Child for a weekend overnight Father shall have the Child on Sunday from 1:30pm until 8:30pm. C. Wednesdays. Father shall have the Child every Wednesday evening from 6:45pm until 9:30pm. D. Father's Vacation. Father shall have the Child for a period of 4 days/3 nights for a vacation 2 times per year. This vacation period may be away from his residence, including his family in Maine only after Father has completed a successful 3 day/4 night visitation here at Father's home to Mother's satisfaction. E. Mother's Vacation. Mother shall have an opportunity to take the Child on two (2) - 2 week long vacations each year. Mother will work with Father to assure that Father gets to visit with the Child within days of leaving and returning from her vacation. F. Father's Day. Father shall have the Child every Father's Day from 10:30 am until 8:30pm; provided, however, that if Father's Day weekend falls on a weekend that Father would normally have custody of the child for a Friday overnight, he shall instead have him all day on Sunday. G. Mother 's Day. Mother shall have the Child every Mother's Day from 10:30 am until 8:30pm. If Mother's Day falls on a Sunday that Father would normally have the Child, Father shall have the Child for Friday overnight instead on the Friday before Mother's day. H. Christmas. Starting in 2006 and in even numbered years thereafter, Mother shall have the Child from 1:30 pm on 12/24 until 1:30 pm on 12/25, and Father shall have the Child from 1:30pm on 12/25 until 1:30 pm on 12/26. Starting in 2007 and in odd numbered years thereafter, Father shall have the Child from 1:30 pm on 12/24 until 1:30 pm on 12/25, and Mother shall have the Child from 1:30pm on 12/25 until 1:30 pm on 12/26. I. Other Holidays. In even numbered years, Mother shall have the Child for Memorial Day and Labor Day; and Father shalt have the Child on Easter Day, July 4th and Thanksgiving Day. In odd numbered years, Father shall have the Child for Memorial Day and Labor Day; and Mother shall have the Child on Easter Day, July 4th and Thanksgiving Day. The times for each holiday shall be from 10:OOam until 7:00 pm, unless otherwise agreed. J. Child's Birthday: Both Parents shall have the opportunity to spend time with the Child on his birthday. They shall mutually agree each year at to the exact time schedule. 2.04 Extracurricular Activities: Both Parents shall honor and participate in the activities that the Child wishes to engage in. During a Parent's custodial period, that Parent shall make certain that the Child attends any extracurricular activities and will transport the Child to and from such activities and the preparation and practice of the activities that are scheduled, in such time so that the Child is able to participate in those activities. Neither Parent shall, however, shall commit the Child to activities that fall during the other Parent's periods of custody without the consent of the other Parent, which consent shall not be unreasonably withheld. The foregoing notwithstanding, a Parent shall not be required to take the Child to an activity if that Parent is out of town during the activity. In the event the custodial Parent is unable to deliver the Child to a particular activity, he or she shall notify the other Parent who shall be entitled to pick up and deliver the Child to the activity and the custodial Parent shall make certain that the Child is ready for pick up in time to timely attend the activity. -4- 2.05 Precedence: The Holiday/Special Day schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 2.06 Transportation: The transportation necessary for the custodial exchanges herein set forth shall be provided by Father. During periods of transportation, both Parents shall ensure that seat belts and other proper protection are used when transporting the Child. SECTION III. MISCELLANEOUS 3.01 Modification: The Parents shall be at liberty to modify the physical custodial periods herein provided to accommodate their respective schedules and special events, but both Parents must be in complete agreement to any new or modified terms. 3.02 Entry of Court Order: The parents authorize the Court of Common Pleas of Cumberland County Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: /eadziworzieLithi Date: 9.a9-060 DA EL L `. LORD Date: 5 997 -c2& [SEAL) EXHIBIT "B" Attendance - Sapphire Community Web Portal Page 1 of 2 • COMMUNITY WEB PORTAL SYl" ADEN"1' XPACK Sapphire Sofware i Home Dan Lord ; Logout ; Help i Attendance Bear Creek School Date Day Attendance Description 06/02/2014 Mon AH - Half -Day Excused (12:00 P) Minutes 05/30/2014 Fri AH - Half -Day Excused (12:02 P) 05/23/2014 Fri TU - Tardy Unexcused (8:54 A) 4 05/06/2014 Tue I - Absent Illegal 04/22/2014 Tue M - Medical Excused 04/21/2014 Mon M - Medical Excused 04/17/2014 Thu M - Medical Excused 04/15/2014 Tue M - Medical Excused 04/14/2014 Mon M - Medical Excused 04/11/2014 Fri M - Medical Excused 03/21/2014 Fri TU - Tardy Unexcused (8:55 A) 5 03/19/2014 Wed TU - Tardy Unexcused (8:51 A) 1 03/13/2014 Thu TU - Tardy Unexcused (8:54 A) 4 03/05/2014 Wed I - Absent Illegal 02/19/2014 Wed A - Absent Excused 02/18/2014 Tue A - Absent Excused 02/12/2014 Wed TU - Tardy Unexcused (8:55 A) 5 02/07/2014 Fri A - Absent Excused 02/06/2014 Thu A - Absent Excused 01/09/2014 Thu TU - Tardy Unexcused (8:54 A) 4 01/02/2014 Thu A - Absent Excused 12/18/2013 Wed MH - Half -Day Medical (10:52 A) 122 12/17/2013 Tue TU - Tardy Unexcused (10:57 A) 7 12/16/2013 Mon MH - Half -Day Medical (12:30 P) 12/11/2013 Wed TU - Tardy Unexcused (8:56 A) 6 12/09/2013 Mon A - Absent Excused 12/06/2013 Fri EE - Early Excused (2:58 A) 12/03/2013 Tue A - Absent Excused 11/18/2013 Mon A - Absent Excused haps://paetn-sapphire.k12system.com/CommunityWebPortal/Backpack/StudentAttendance.cfm?STUDENT R... 6/11/2014 Attendance - Sapphire Community Web Portal Page 2 of 2 11/14/2013 Thu TU - Tardy Unexcused (8:54 A) 4 • 11/13/2013 Wed TU - Tardy Unexcused (8:56 A) 6 10/31/2013 Thu TU - Tardy Unexcused (9:00 A) 10 10/28/2013 Mon TU - Tardy Unexcused (8:55 A) 5 10/21/2013 Mon A - Absent Excused 10/18/2013 Fri A - Absent Excused 10/15/2013 Tue TE - Tardy Excused (8:55 A) 5 10/07/2013 Mon V - Vacation (Excused) 10/04/2013 Fri V - Vacation (Excused) 10/03/2013 Thu V - Vacation (Excused) 09/20/2013 Fri A - Absent Excused FAQ I Parent Manual l Policies I Terms of Use i 06/11/2014 11:15PM Site contents Copyright © 2012-2014 by K12 Systems, Inc. unless otherwise indicated. Product information and the associated logos are trademarks of K12 Systems. All rights reserved. https://paetn-sapphire.kl2system.com/CommunityWebPortalBackpack/StudentAttendance.cfm?STUDENT R... 6/11/2014 DANIEL L. LORD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-6025 CIVIL TERM NICOLE M. LORD, : CIVIL ACTION -LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 8th day of July, 2014, I, Derek M. Strouphauer, Paralegal to Jennifer Spears Brenize, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing Petition for Modification of Custody Order by mailing same via first class mail and addressed as follows: Ms. Nicole M. Lord 232 East High Street Elizabethtown, PA 17022 Defendant/Respondent LAW OFFICES OF PETER J. RUSSO, P.C. Aar rigo- By: r / r1L1 1111111 DeOr Stroupha r, Paralegal 500. East Trindle • ad, Suite 203 Mechanicsburg, Pe ns lvania 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Date:7191�)v LAW OFFICES OF PETER J. RUSSO, P.C. BY: Jennifer Spears Brenize, Esquire PA Supreme Court ID: 87445 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: jspearsbrenize@pjrlaw.com Attorneys for Plaintiff DANIEL L. LORD, Plaintiff v. NICOLE M. LORD, Defendant THE PRO THONO TAr`i 2,31.4 OIL -9 AN 8: 5' CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-6025 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Daniel L. Lord, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all Crime that apply 0 18 Pa.C.S. Ch.25 (relating to criminal homicide) Self Other Household Member 18 Pa.C.S. 52702 0 (relating to aggravated Date of Conviction guilty plea, no contest plea or pending charges Sentence 0 assault) 18 Pa.C.S. §2706 (relating to terroristic threats) 0 0 0 18 Pa.C.S. §2709.1 0 0 (relating to stalking) 0 0 0 0 0 18 Pa.C.S. §2901 0 (relating to kidnapping) 18 Pa.C.S. §2902 relating to unlawful restraining) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. E13121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 0 0 0 0 0 0 18 Pa.C.S. §3123 0 0 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. P124.1 (relating to sexual assault) 0 18 Pa.C.S. §3125 0 (relating to aggravated indecent assault) O 18 Pa.C.S. §3126 0 (relating to indecent assault) O 18 Pa.C.S. §3127 0 0 (relating to indecent exposure) O 18 Pa.C.S. P129 0 (relating to sexual intercourse with animal) 0 18 Pa.C.S. §3130 (relating to conduct relating to sex offense) 18 Pa.C.S. 3301. (relating to arson and related offenses) 0 0 0 18 Pa.C.S. 4302 0 (relating to incest) 0 18 Pa.C.S. §4303 0 (relating to concealing death of child) 0 18 Pa.C.S. §4304 0 (relating to endangering welfare of children) 0 18 Pa.C.S. §4305 0 (relating to dealing in infant children) 0 18 Pa.C.S. §5902(b) 0 0 (relating to prostitution and related offenses) 0 0 0 18 Pa.C.S.5903(c) or (d) relating to obscene and other sexual materials and performances 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 f relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 0 0 18 Pa.C.S. §6320 0 (relating to sexual exploitation of children) 23 Pa.C.S. § 6114 0 (relating to contempt for violation of protection order or agreement) 0 Driving under the 0 influence of drugs or alcohol 0 Manufacture, sale, delivery, holding offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply 0 A finding of abuse by a Children & Youth Agency of similar agency in Pennsylvania or similar statue in another jurisdiction 0 Abusive conduct at defined under the Protection from Abuse Act in Pennsylvania or similar statue in another jurisdiction Self Other Household Member 0 0 Other: 0 0 Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or 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. 0 C) CAAil Signature _ 11,11(t/ L .i9ii-ce Printed Name DANIEL L. LORD PLAINTIFF V. NICOLE M. LORD DEFENDANT IN THE COURT OF COMMON PLEAS OF:-.) CUMBERLAND COUNTY, PENNSY.LVA IN CUSTODY !ZEE'—n :c, -cW us-) 2005-6025 CIVIL ACTION LAW ORDER OF COURT AND NOW, Thursday, July 10, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 15, 2014 1:30 PM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John J. Mangan, Jr., Escle 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. 6p)er /17a,4 8I 34ren12-e 0 Goer; bell. o /Ny n an. 7//0A/ ,5* Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DANIEL L. LORD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. : NO. 2005 - 6025 CIVIL TERM NICOLE M. LORD, • • Defendant : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Paul D. Edger, Esquire and MidPenn Legal Services as Attorney for the Defendant Nicole M. Lord in the above -captioned matter. Respectfully Submitted, Date: ,L %/ MidP n L ervices Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 Attorney for Defendant Mt Z rfl CO c " Z rr C P1--.:' :47 tj r-ra Via , T+G r a`'` ---,.. 1 -< Pii) DANIEL L. LORD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. : NO. 2005 - 6025 CIVIL TERM NICOLE M. LORD, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Paul D. Edger, Esquire, Attorney for the Defendant Nicole M. Lord, state that I did mail a copy of the foregoing document upon the following individual(s) and in the manner indicated below: USPS First Class Mail Date: 7 // ii Jennifer Spears Brenize, Esquire 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 DANIEL L. LORD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NICOLE M. LORD, • • : NO. 2005 - 6025 CIVIL TERM Defendant IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Nicole Lord, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime ❑ 18 Pa.C.S. Ch. 25 (relating to criminal homicide) Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges ❑ 18 Pa.C.S. § 2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. § 2706 ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. § 2709.1 ❑ ❑ (relating to stalking) C) c 3 rno' L rn-•': � f' IN) v < -gt , Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges 121 18 Pa.C.S. § 2901 CI 0 (relating to kidnapping) El 18 Pa.C.S. § 2902 0 0 (relating to unlawful restraint) 18 Pa.C.S. § 2903 (relating to false imprisonment) El O 18 Pa.C.S. § 2910 0 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa.C.S. § 3121 0 0 (relating to rape) LII 18 Pa.C.S. § 3122.1 CI 0 (relating to statutory sexual assault) El 18 Pa.C.S. § 3123 0 0 (relating to involuntary deviate sexual intercourse) El 18 Pa.C.S. § 3124.1 CI 0 (relating to sexual assault) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 18 Pa.C.S. § 3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. § 3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. § 3127 ❑ ❑ (relating to indecent exposure) 18 Pa.C.S. § 3129 ❑ ❑ (relating to sexual intercourse with animal) 18 Pa.C.S. § 3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. § 3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. § 4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. § 4303 ❑ ❑ (relating to concealing death of child) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 18 Pa.C.S. § 4304 ❑ (relating to endangering welfare of children) 18 Pa.C.S. § 4305 (relating to dealing in infant children) CI 18 Pa.C.S. § 5902(b) ❑ ❑ (relating to prostitution and related offenses) O 18 Pa.C.S. §5903(b)/(d) ❑ ❑ (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. § 6301 0 0 (relating to corruption of minors) 18 Pa.C.S. § 6312 (relating to sexual abuse of children) ❑ 18 Pa.C.S. § 6318 (relating to unlawful contact with minor) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children) CI CI Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges ❑ 23 Pa.C.S. § 6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) Driving under the ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children & ❑ ❑ Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ ❑ ❑ Involvement with a Children & Youth ❑ -Q I 1 Agency or similar agency in Pennsylvania. (� �" or another jurisdiction. UN 0'cd1 e0/ Where? L .C.�SA-c,y )esrr1tSged Check Self Other all that household apply member El Other: Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or member of the other party's household has or have a criminal/abuse history, please explain: Qr Mt` ) —Do rneS i z V i tAe-i‘ c e./ct ss 4l-�- I verify that the information above is true and correct to the best of my knowledge, information or 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. AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 05-6025 Court Date: 7/29/2014 1:00 pm Plaintiff: Daniel L. Lord vs. Defendant: Nicole M. Lord For: Peter Russo Law offices of Peter J. Russo, P.C. Received by Pennsylvania Premier Process Servi County of Cprr titt' 'r . i#i3NU its€ ' Court 2014 AUG -8 AM 11:1U CUMBERLAND COUNTY PENNSYLVANIA e tto�be1�1served on Nicole M. Lord, 232 East High St., El- thtown, 7022. I, �,� �c , being duly sworn, depose and say that on the day of , 20 at : m., a ecLlted service by delivering a true copy of the Letter, Order, Petition for odification of Custody, xhibits, Verification, Certificate of Service in accordance with state statutes in the manner marked below: (INDIVIDUAL SERVICE: Served the within -named person. () SUBSTITUTE SERVICE: By serving () NON -SERVICE: For the reason detailed in the Comments Below COMMENTS: Not App[iC.AI Ie as I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. me on thk93+ — �� by the affiant who PROCESS SERVER # 130020142+ ^�3'+2+ Appointed in accordance with State Statutes COMMONWEALTH OF PENNSYLVANIA Notarial Seal M. Michelle Guyton, Notary Public Carlisle Boro, Cumberland County My Commission Expires July 9, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Pennsylvania Premier Process Service P.O. Box 1148 Carlisle, PA 17013 (800) 863-2341 Our Job Serial Number: 2014000434 Copyright © 1992-2011 Database Services, Inc. - Process Server's Toolbox V6.5d O DANIEL L. LORD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-6025 CIVIL ACTION LAW NICOLE M. LORD, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. Anticipated hearing length: One half day (requested expedited hearing) ORDER OF COURT -L- AND NOW this /3 day of • i 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. A pretrial conference with the assigned Judge issre scheduled in the above case on the day of •f el'"v , 2014 at).' O,m in cb m number 2 of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the GO' day of % C: -r , 2014 at 9:00 .p.m in Courtroom number. in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. Legal Custody: The Father, Daniel Lord, and the Mother, Nicole Lord, shall have shared legal custody of Caleb J. Lord, born 08/14/2002. The parties shall have an equal right to make all major non -emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Pending further Order of Court, Father and Mother shall arrange the physical custodial schedule of Jacob as follows: a. In the event the school begins before the scheduled hearing, during the school year, Father shall have custody of Caleb three weekends in a row from Friday 7 pm until Monday morning bringing him to school in the morning. b. During the summertime when there is no school, Father and Mother shall share physical custody on a week on/week off basis from Sunday 6 pm until the following Sunday 6 pm. (Father's week starts 07/27/14). c. Father has already requested, and Mother does not oppose, vacation from 08/11/14 until 08/24/14. d. Pending further Order of Court, Caleb shall remain in Mother's school district. e. Father shall have physical custody of Caleb during the school year at such other times or circumstances as the parties may mutually agree. 5. Counseling: The parties are strongly encouraged to engage in therapeutic family counseling with a mutually -agreed upon professional until no longer necessary or recommended. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. The non-custodial parent shall have liberal telephone/text/email contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule by agreement of the parties. In the event Labor Day follows Father's weekend, he shall have an extended weekend until Tuesday morning bringing Caleb to school. In the absence of agreement, the parties shall adhere to the holiday schedule agreed upon back in 2006. The holiday schedule shall be further discussed at the scheduled hearing. 8. Vacation: Vacation shall be by agreement of the parties, not to exceed two weeks during the summer. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation time shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. Either party is authorized to contact the assigned conciliator for a conference prior to the scheduled pre-trial conference and/or the scheduled hearing if the parties feel it would be beneficial. 14. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: ,/Jennifer Spears Brenize, Esq. ;Paul Edger, Esq. ./ John J. Mangan, Esq. G) CAD C.D p -o -r DANIEL L. LORD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 05-6025 CIVIL ACTION LAW NICOLE M. LORD, IN CUSTODY Defendant Prior Judge: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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: Name Date of Birth Currently in the Custody of Caleb J. Lord 08/14/2002 Primary Mother 2. A stipulated Order of Court was issued 10/06/2006. An expedited telephonic conciliation conference was held July 27, 2014 with the following individuals in attendance: The Mother, Nicole Lord, through her counsel, Paul Edger, Esq. The Father, Daniel Lord, through his counsel, Jennifer Spears Brenize, Esq. 3. The parents' position on custody is as follows: Father lives in Mechanicsburg, which is CV school district and Mother lives in Elizabethtown, Lancaster County, which is Bear Creek school district. The parents live about 45 minute to an hour apart. The Child is currently in Mother's primary care and attends her school district. Father requests primary physical custody and the Child attend CV schools. Father has concerns about other children/individuals in Mother's home, school attendance and grades, not being informed about travel plans, school information and medical updates, hygiene issues, concerns about the home environment and that Father asserts that the Child wants to primarily live with him and attend his school district. Mother on the other hand asserts that Caleb is doing well in her primary care and that she has always been the main care provider for Caleb. Mother indicates that Caleb is doing well in school and that he has many established friends at Bear Creek. Mother denies that there are any concerns about the home environment and she indicates that Caleb does not want to leave his current school. Mother indicates that Father unduly attempts to influence Caleb and that Caleb tells Father want Father wants to hear. 4. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 5. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. 7/z /( 7(l Date John J a an, Esquire Cust dy C nciliator DANIEL L. LORD, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005-6025 CIVIL TERM - LAW NICOLE M. LORD, Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Nicole M. Lord, Defendant in the above -captioned matter, to proceed in forma pauperis. I, Paul D. Edger, Esquire of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. i4/_,_ Date: / /1'7 Respectfully Submitted, ervices Paul D. Edger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 Attorney for Defendant m, g r'irn cz — c- rtqF -orti vor- i 7:3 4C DANIEL LORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : 05-6025 CIVIL TERM NICOLE LORD, : IN CUSTODY Defendant IN RE: CUSTODY HEARING ORDER OF COURT AND NOW, this 9th day of October, 2014, after hearing in the above -captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the parties shall submit to the court and each other their proposed findings with regard to the 16 custody factors on or before the close of business on October 17, 2014. By the Court, M. L. Ebert, Jr., ✓Jennifer Spears Brenize, Esquire Fothe Plaintiff Paul D. Edger, Esquire For the Defendant :mtf Co {F..S 1 t£ . /iy DANIEL L. LORD, : IN THE COURT OF COMMON PLEAS OF c, PLAINTIFF : CUMBERLAND COUNTY, PENNS`r LV eNIA- -rya. p1 W =7-3 Wr <CD C:s D C- V. NICOLE M. LORD, DEFENDANT : NO. 05-6025 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 28th day of October, 2014, after hearing in the matter, pursuant to 23 Pa.C.S.A. §5323(d) the Court states the following reasons in support of the Custody Order issued in this case: 1. The Court finds that both parties are likely to encourage and permit frequent and continuing contact between the children and the other party. 2. The Court finds at the present time, neither parent poses any substantial risk of harm to the child. 3. Up to the present time, Mother has performed the majority of the parental duties for the child. However, the Court finds that both parties are capable of performing parental duties in a satisfactory and meaningful manner. 4. While the new court order will allow the child to change schools and be enrolled in the Cumberland Valley School District, the Court finds that this child is very intelligent, fully capable of successfully making the switch to the new school, and has expressed his personal desire to do so. 5. Father does have extended family living in his home who are retired such that someone is always available to assist in caring for the child if needed. Mother's extended family is somewhat more dispersed and live within a fifty mile radius of her home. 6. The child has half brothers and sisters on both sides of his family. Given the child's intelligence and stated preference, the child will be able to reasonably maintain his sibling relationships in a positive manner. 7. Bother parties emphasize the intelligence and maturity of the child. The child did express his desire to spend more time with his father and to attend Cumberland Valley High School which he perceives as a better school district than the Elizabethtown School District for both academics and sports. The child stated that Father did provide more structure and that he would benefit from being the only child in Father's household. 8. Neither parent has actively attempted to turn the child against the other parent. 9. Both parties will maintain a loving, stable, consistent and nurturing relationship with the child. 10. Both parties are equally able to attend to the daily physical, emotional, developmental and educational needs of the child. 11. The parties live approximately 29 miles apart which the court finds too far for week on/week off custody arrangement during the school year. However, during the summer, this distance does not prohibit a week on/week off arrangement. 12. Neither party displays any mental or physical condition at this time which would in any way affect their ability to parent appropriately. While Mother alleges that Father has some mental health issues, the evidentiary record presented during the hearing did not establish this fact. 13. Mother and Father do have a volatile relationship and have difficulty communicating with each other, however, the Court finds that the level of conflict between these parents is manageable and that they will be able to continue to cooperate with one another as required. By the Court, bas tr&L 1L 10/30/1y DANIEL L. LORD, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENN 'LWNIk --i V. NICOLE M. LORD, DEFENDANT : NO. 05-6025 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 28th day of October, 2014, upon consideration of the Father's Motion to Maintain Current School District, the Pre -Hearing memorandums filed by the parties and after hearing, IT IS HEREBY ORDERED AND DIRECTED: 1. LEGAL CUSTODY: The Mother, Nicole M. Lord, and the Father, Daniel L. Lord, shall enjoy shared legal custody of Child, Caleb Josiah Lord, dob: August 14, 2002. Major decisions concerning their children, including, but not necessarily limited to, the children'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 children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections for the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody.. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the C-3 -1 0 iV cn -T other of the emergency and consult with him or her as soon as thereafter possible. 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 given to either party as a parent. 2. SCHOOL DISTRICT: Effective October 30, 2014, Father is authorized to enroll the child in the Cumberland Valley School District. 3. PHYSICAL CUSTODY: A. School Year: a. FATHER: Father shall have primary physical custody of the child from 7:00 p.m. Sunday evening to 7:00 p.m. Friday afternoon. When Monday is a school holiday, Father's period of custody will begin on Monday evening at 7:00 p.m. b. MOTHER: Mother shall have partial physical custody of the child every first, second and third full weekend of every month from Friday at 7:00 p.m. until Sunday at 7:00 p.m. (for example, the first full weekend of November 2014 will be the weekend of 7,8,9 November). When Monday is a school holiday Mother's period of custody will be extended until 7:00 p.m. Monday evening. B. Summer Recess: a. Beginning on the first Sunday after the last day of school Mother shall have physical custody of the child from 7:00 p.m. Sunday evening until 7:00 p.m. the following Sunday evening at which time the Father shall have physical custody for the next week. The parties will alternate their periods of physical custody week on/week off. Father will resume primary physical custody at 7:00 p.m. on the Sunday prior to the beginning of the next school year. 2 b. Vacation: Once per summer, each parent shall be entitled to a two week uninterrupted vacation, which is no more than fourteen days in total. The parties shall provide each other with notice of his/her intention to exercise the extended custody period no later than May 15th of each year. The parent traveling with the Child shall provide the other parent, at least ten days in advance of the trip, with a detailed itinerary, specifically including, but not limited to: addresses and land line numbers for the place(s) they will be staying during the trip; flight numbers; and cell phone number(s). Once the child has arrived at their destination, the custodial parent will provide reasonable notification that the child has arrived safely at the vacation destination, and thereafter, notify that they have returned safely. The child shall not miss any school days for vacation unless agreed upon by both parents and approved by the school. C. Holidays: Holidays with the child shall be alternated between parents pursuant to the following holiday schedule or as mutually agreed. HOLIDAY TIMES EVEN ODD YEARS YEARS Easter Day 1st half from 12:00 p.m. the Saturday Father Mother before Easter until 9 am Easter Sunday Easter Day 2nd half from 9 am Easter Sunday Mother Father Until 7 pm Memorial Day from 9 am until 7 pm Mother Father Independence Day from 9 am until 7 pm Father Mother Labor Day from 9 am until 7 pm Mother Father 3 Thanksgiving from 7 pm the Wednesday Father Mother 1st half before Thanksgiving Day Until 3 pm Thanksgiving Day Thanksgiving from 3 pm Thanksgiving Day Mother Father 2nd half until 7:00 pm the Friday after Christmas 1st half from 8 am Dec. 24 until Father Father 12 noon Dec. 25 Christmas 2nd half from 12 noon Dec. 25 until Mother Mother 7 pm Dec. 28 New Years from 6 pm 12/31 until noon Mother Father January 1 (with the 12/31 year to control the even/odd determination) Child's Birthday from 9 am until 7 pm Mother Father Mother's Day from 9 am until 7 pm Mother Mother Father's Day from 9 am until 7 pm Father Father 4. TRANSPORTATION: The party beginning their custodial period will provide transportation in a vehicle that is inspected, insured, and is safe. If Mother relocates, the parties shall agree on a meeting place for exchanges. 5. TELEPHONE/EMAIL CONTACT: Each party shall be entitled to reasonable telephone, email, or Skype contact with the child when the child is in the custody of the other party, provided that the phone calls are not excessively frequent, nor too long in duration that they disrupt the child's schedule. The parties shall provide one another with an emergency contact telephone number, email address or contact person. 6. EXTRACURRICULAR ACTIVITIES: The parties shall organize ways for the child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be staying in. 4 7. ALCOHOL: During any period of custody or visitation, the parties to this Order shall not consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. MEDICATION AND IMMUNIZATIONS: The parties will agree to follow the medical treatment and advise of the child's doctor with regard to prescribing medication for the child and administering immunizations and vaccinations that are in the best interest of the child and are required by the child's school. 9. NONAILENATION: Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the children. 10. MODIFICATION: The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, Jennifer Brenize, Esquire Attorney for Plaintiff aul D. Edger, Esquire Attorney for Defendant bas r .S /a=1 /6/13aM 5 DANIEL L. LORD, PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : IN THE COURT OF COMMON PLEAS OF NICOLE M. LORD, DEFENDANT : NO. 05-6025 CIVIL IN RE: CUSTODY AMENDED ORDER OF COURT AND NOW, this 4th day of November, 2014, upon consideration of the Father's Motion to Maintain Current School District, the Pre -Hearing memorandums filed by the parties and after hearing, IT IS HEREBY ORDERED AND DIRECTED: 1. LEGAL CUSTODY: The Mother, Nicole M. Lord, and the Father, Daniel L. Lord, shall enjoy shared legal custody of Child, Caleb Josiah Lord, dob: August 14, 2002. Major decisions concerning their children, including, but not necessarily limited to, the children'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 children's best interest. Each party shall not impair the other party's rights to shared legal custody of the children. Each party shall not alienate the affections for the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the •r other of the emergency and consult with him or her as soon as thereafter possible. 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 given to.either party as a parent. 2. SCHOOL DISTRICT: Effective October 30, 2014, Father is authorized to enroll the child in the Cumberland Valley School District. 3. PHYSICAL CUSTODY: A. School Year: a. FATHER: Father shall have primary physical custody of the child from 7:00 p.m. Sunday evening to 7:00 p.m. Friday afternoon. When Monday is a school holiday, Father's period of custody will begin on Monday evening at 7:00 p.m. b. MOTHER: Mother shall have partial physical custody of the child every first, second and third full weekend of every month from Friday at 7:00 p.m. until Sunday at 7:00 p.m. (for example, the first full weekend of November 2014 will be the weekend of 7,8,9 November). When Monday is a school holiday Mother's period of custody will be extended until 7:00 p.m. Monday evening. B. Summer Recess: a. Beginning on the first Sunday after the last day of school Mother shall have physical custody of the child from 7:00 p.m. Sunday evening until 7:00 p.m. the following Sunday evening at which time the Father shall have physical custody for the next week. The parties will alternate their periods of physical custody week on/week off. Father will resume primary physical custody at 7:00 p.m. on the Sunday prior to the beginning of the next school year. 2 b. Vacation: Once per summer, each parent shall be entitled to a two week uninterrupted vacation, which is no more than fourteen days in total. The parties shall provide each other with notice of his/her intention to exercise the extended custody period no later than May 15th of each year. The parent traveling with the Child shall provide the other parent, at least ten days in advance of the trip, with a detailed itinerary, specifically including, but not limited to: addresses and land line numbers for the place(s) they will be staying during the trip; flight numbers; and cell phone number(s). Once the child has arrived at their destination, the custodial parent will provide reasonable notification that the child has arrived safely at the vacation destination, and thereafter, notify that they have returned safely. The child shall not miss any school days for vacation unless agreed upon by both parents and approved by the school. C. Holidays: Holidays with the child shall be alternated between parents pursuant to the following holiday schedule or as mutually agreed. HOLIDAY TIMES EVEN ODD YEARS YEARS Easter Day 1st half from 12:00 p.m. the Saturday Father Mother before Easter until 9 am Easter Sunday Easter Day 2nd half from 9 am Easter Sunday Mother Father Until 7 pm Memorial Day from 9 am until 7 pm Mother Father Independence Day from 9 am until 7 pm Father Mother Labor Day from 9 am until 7 pm Mother ; Father 3 Thanksgiving from 7 pm the Wednesday Father Mother 1st half before Thanksgiving Day Until 3 pm Thanksgiving Day Thanksgiving from 3 pm Thanksgiving Day Mother Father 2nd half until 7:00 pm the Friday after Christmas 1st half from 8 am Dec. 24 until Father Father 12 noon Dec. 25 Christmas 2nd half from 12 noon Dec. 25 until Mother Mother 7 pm Dec. 28 New Years from 6 pm 12/31 until noon Mother Father January 1 (with the 12/31 year to control the even/odd determination) Child's Birthday from 9 am until 7 pm Mother Father Mother's Day from 9 am until 7 pm Mother Mother Father's Day from 9 am until 7 pm Father Father 4. TRANSPORTATION: The party beginning their custodial period will provide transportation in a vehicle that is inspected, insured, and is safe. If Mother relocates, the parties shall agree on a meeting place for exchanges. 5. TELEPHONE/EMAIL CONTACT: Each party shall be entitled to reasonable telephone, email, or Skype contact with the child when the child is in the custody of the other party, provided that the phone calls are not excessively frequent, nor too long in duration that they disrupt the child's schedule. The parties shall provide one another with an emergency contact telephone number, email address or contact person. 6. EXTRACURRICULAR ACTIVITIES: The parties shall organize ways for the child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be staying in. 7. ALCOHOL: During any period of custody or visitation, the parties to this Order shall not consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. MEDICATION AND IMMUNIZATIONS: The parties will agree to follow the medical treatment and advise of the child's doctor with regard to prescribing medication for the child and administering immunizations and vaccinations that are in the best interest of the child and are required by the child's school. 9. NONAILENATION: Neither party may say or do anything nor permit a third. party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the children. 10. MODIFICATION: The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 11. RELOCATION: The parties are advised that neither party shall relocated the child if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child consents to the proposed relocation or (b) the Court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 5 ✓Jennifer Brenize, Esquire Attorney for Plaintiff ✓ Paul D. Edger, Esquire Attorney for Defendant bas Com. //N/iy 6