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HomeMy WebLinkAbout02-2413TERESA GRIFFIN VS. MICAH COX PLAINTIFF DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - CUSTODY :NO. O -- =7t4<3 t NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary's at the first floor in the Dauphin Court Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 TERESA GRIFFIN V$o MICAH COX PLAINTIFF DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - CUSTODY CUSTODY Plaintiff, by her attorney Gail G. Souders, respectfully avers the following counts through Civil Procedure Rule 1915.15 (a): The Plaintiff is Teresa Griffin residing at 6 Ashburg Drive, Mechanicsburg, Pennsylvania, Dauphin County, Pennsylvania 17050. The Defendant is Micah Cox residing at 25 Nottingham Drive, New Kingston, Cumberland County, Pennsylvania 17072. 3. Plaintiffseeks primary physical and joint legal custody of the following child: Name Present Residenc__~e D.O.B. Legend 8 Ashburg Drive 7/10/96 Mechanicsburg, PA 17050 The child was bom of wedlock. The child is presently in the custody of Teresa Griffin who resides at 8 Ashburg Drive, Mechanicsburg, Pennsylvania 17055 During the past five years, the child has resided with the following persons and at the following addresses: Names Teresa Griffin Residences Dates 9 West Main Street, Apt 2-E June 2001 Mechanicsburg, PA 17055 March 2002 Teresa Griffin Glenna Cox Jim Cox 124 West Middlesex Drive Carlisle, PA 17013 December 2000- June 2001 Teresa Griffin Micah Cox 32 Montsera Road Carlisle, PA 17013 1996 - December 2000 The mother of the child is Teresa Griffin residing at 8 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is married. The father of the child is Micah Cox residing at 25 Nottingham Drive, New Kingston, Cumberland County, Pennsylvania 17072. He is married. The relationship of the Plaintiff to the child is that of mother-child. The child is currently living with the mother. 6. The relationship of the Defendant to the child is that of father-child. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the primary care giver of the child since birth. b. Plaintiffis able to provide a stable and nurturing environment. c. Plaintiff maintains a good relationship with the child's paternal grandparents. d. Since the child is starting first grade, there is a need for a Permanent Custody Order in order to establish primary residence. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named as parties to this action. WHEREFORE, the Plaintiff requests the court to grant her primary physical custody and joint legal custody of her child. Gall Guida Sou&rs Attorney for the Plaintiff Guida Law Offices, P.C. 503 North Front Street Harrisburg, PA 17101 (717) 236-6440 Supreme Court ID# 68740 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. § 4904, relating to unsworu falsification to authorities. ATTORNEY FOR PETITIOI~~ TERESA GRIFFIN VS. MICAH COX PLAINTIFF DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - CUSTODY : : NO. ORDER OF COURT AND NOW, THIS __ DAY OF MAY 2002, AFTER HEARING, IT IS HEREBY ORDERED AND DECREED THAT PRIMARY PHYSICAL CUSTODY AND JOINT LEGAL CUSTODY OF LEGEND COX, IS AWARDED TO TERESA GRIFFIN. IT IS FURTHER ORDERED THAT MICAH COX SHALL HAVE PARTIAL PHYSICAL CUSTODY AND JOINT LEGAL CUSTODY AS FOLLOWS: BY THECOURT: Distribution: GAIL G. SOUDERS, ESQUIRE, 503 NORTH FRONT STREET, HARRISBURG, PA 17101 MICAH COX, 25 NOTTINGHAM DRIVE, NEW KINGSTON, PA 17072 PROTHONOTARY'S OFFICE TERESA GRIFFIN : PLAINTIFF : : V. MICAH COX DEFENDANT : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2413 CIVIL ACTION LAW IN CUSTODY AND NOW, Tuesday, May 21, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 25, 2002 at 9:30 AM for a Pre-Heating 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/ .[acqueline M. Verney. Esq, ~ 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 heating 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VtNVA-1ASNN~:d JUN 2 ~ ~002 ~ TERESA GRIFFIN, Plaintiff V. MICAH COX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2413 CIVIL TERM : : CIVIL ACTION - LAW ; : IN CUSTODY ORDER OF COURT AND NOW, this 24th day of June, 2002, the Conciliator being notified that the parties have signed a Custody Stipulation in the above matter, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~cqt(~line M. Vemey, Esquire, Custody"Conciliato TERESA GRIFFIN, PLAINTIFF MICAH COX, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBEIII,AND COUNTY, : PENNSYLVANIA : CIVIl, ACTION- LAW : IN CUSTODY : DOCKET NO. 02-2413 I~g, TITICIN FOR C~I'}N~qi~NT C. IT~qTfII)Y fIRDg, R AND NOW come MICAH S. COX, father of the above-referenced minor child, and TERESA L GRIFFin, mother of the above-referenced minor child, by Father's attorney, Melanie Walz Scaringi, and Mother's attorney, Gail Guida Souders, and respectfully represent as follows: 1. Petitioner MICAH S. COX, Father, is an adult indivicb~al residing at 25 Nottk~ham Drive, Mechanicsburg Cmnbedand County, penn~lvania 17050. Petitioner MICAH S. COX is represented by Melanie Walz Sc~-iagi, Esquire, of The Law Office of Walz, Walz~ Scaringi & Scaringi. 2. Petitioner TERESA L. GRIFFIN, Mother, is an adult indivi~h~i residing at 8 Ashburg Drive, M~hanicsburg, Cumberl~d County, penn~lvania 17050. Petitioner TERESA L. GRIFFIN is represented by Gail Guida So~ders, Esquire, of Guida Law Offices, P.C. 3. Petitioners are the parents of LEGEND LORE COX, a male child, age five (5) years, born July 10, 1996. 4. Petitioners have agreed to a Consent Custody Order as listed below with regard to the custody and visitation rights of the Mother and Father of said child. 5. Petitioners acknowledge that they have a right to a hearing before the Judge. Petitioners mu0mlly agree to waive this right. WHEREFORE, Petitioners pray Your Honorable Court for an Order as follows: (a) Mother and Father shall share legal custody of the child, Legend Lore Cox; and Co) Mother and Father shall share physical custody of the child, with Mother and Father each having the child for 50% of the time. Mother and Father shall have the child on an every other week schedule, from Sunday at 5:30 PM to the following Sunday at 5:30 PM, when the other parent shall take custody. This schedule shall commence Sunday June 96 at 5:30 PM, when Father shall pick up the child for his custody period, until Sunday, June 16~ at 5:30 PM when Mother shall pick up the child for her custody period, and so on. This schedule shall remain the same during the summer and the school year; and (c) Holidays shall be equally split by Mother and Father as the parties muO_~ally agree, with the intent that each parent shall have the child for one half of each holiday; and (d) The child shall remain in the Cumberland Valley School Di~hict, and shall continue to attend the Silver Spring Elementary School until he graduates from the same. The child shall always be transported to school from Father's home and from school to Father's home, even during the weeks when Mother has custody. On Mother's weeks, Mother shall drop off the child at Father's home on her way to work in the momingo and shall pick up the child at Father's home on her way home from work in the evening. Father will provide childcare in his home during these times. Bus service will be used to and from Father's home when available; and (e) Neither parent shall move more than fifteen (15) miles away from the Silver Spring Elementary School without sixty (60) days advanced notice to the other parent, at which time the other parent can object. Mother and Father agree that if either parent moves more than fifteen (15) miles from said school, that parent must do all of the transportation of the child for custody exchanges; and (f) If either parent moves out of the state, the non-moving parent shall automatically receive primary physical custody of the child and the moving parent shall provide and/or pay for all transportation of the child for his or her periods of partial physical custody. Said periods of partial physical custody shall be mutually agr~,.zd upon by Mother and Father, and (g) Except as otherwise stated above, Mother and Father shall split transportation of the child. The parent receiving custody shall be responsible for picking up the child at the other parent's home; and (h) No child support shall be paid by either parent to the other; and (i) Father shall claim the child as a dependant for tax purposes on even numbered years, beginning with 2002; Mother shall claim the child as a dependant for tax purposes on odd numbered years; and O) In the case of medical emergency involving the child, the parent in custody must noti~ the other parent of said emergency within two (2) hours of the same; and (k) Except in cases of life and death emergencies, each parent shall notify the other parent twenty-four (24) hours in advance of any changes to the forgoing schedule; and (1) Neither parent shall make distauaging remarks, nor allow a third party to make disparaging remarks about the other parent in the presence of the child. Each parent shall respect the other parent's right to have a frequent, ongoing and substantial relationship with the child. Neither party shall do or say anything, nor allow a third party to do or say anything that would alienate the child from the affections of the other parent; and (m) Each parent shall be entitled to reasonable telephone access to the child when the child is in the care of the other parent; and (n) Each parent shall keep the olher potent informed as to his or her address and telephone number, ff either parent is taking the child from his or her home for more than twenty-four (24) hours, whether for vacation or otherwise, that potent shall inform the other parent of a telephone number where the child can be reached in case of an emergency; and (o) Each parent shall respect the privacy of the other parent; and (p) Mother and Father may make temporary modifications to this Order by mutual agreement; and (q) Mother and Father may permanently modify this Order by mutual agreement so long as the pemianent modification is in writing. Date: ,2002 .., 2002 R~six~fully submitted, By: Melanie Walz Scaringi Attorney I.D. No. 88347 341 Market Street Newpor~ PA 17074 (717) 567-6993 Attorney for Petitioner Micah S. Cox Ouida Law Offices, P.C. By: G-ail Guida Souders Attom~y LD. No. ~ 7z/O 503 North Front Street Harrisburg PA 17101 (717) 2366440 Attorney for Petitioner Teresa L. Griffin I, TERESA L. GRIFFIN, verifij that the statements made in this Petition for Consent Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. I, MICAI~ S. COX, verify that the statements made in this Petition for Consent Custody Order are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unswom falsification to authorities. TERESA GRIFFIN~ Ve : IN ~ COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION- LAW : IN CUSTODY : DOCKET NO. 02-2413 ORDER AND NOW, this ~' ~ day of~ 2002 upon consideration of within Petition for Consent Custody Order, it is Ordered and as follows: (a) Mother and Father shall share legal custody of the child, Legend Lore Cox; and (b) Mother and Father shall share physical custody of the child, with Mother and Father each having the child for 50% of the time. Mother and Father shall have the child on an every other week schedule, from Sunday at 5:30 PM to the following Sunday at 5:30 PM, when the other parent shall take custody. This schedule shall commence Sunday June 9tu at 5:30 PM, when Father shall pick up the child for his custody period, until Sunday, June 16m at 5:30 PM when Mother shall pick up the child for her custody period, and so on. This schedule shall remain the same during the summer and the school year; and (c) Holidays shall be equally split by Mother and Father as the parties mutually agree, with the intent that each parent shall have the child for one half of each holiday, and (d) The child shall remain in the Cumberland Valley School District, and shall continue to attend the Silver Spring Elementary School until he graduates from the same. The child shall always be transported to school from Father's (e) (0 (h) (i) O) home and from school to Father's home, even during the weeks when Mother has custody. On Mother's weeks, Mother shall drop off the child at Father's home on her way to work in the morning, and shall pick up the child at Father's home on her way home from work in the evening. Father will provide childcare in his home during these limes. Bus service will be used to and from Father's home when available; and Neither parent shall move more than fi~een (15) miles away from the Silver Spring Elementary School without sixty (60) days advanced notice to the other parent, at which I/me the other parent can object. Mother and Father agree that if either parent moves more than fifteen (15) miles from said school, that parent must do all of the transportation of the child for custody exchanges; and If either parent moves out of the slate, the non-moving parent shall automatically receive primary physical custody of the child and the moving parent shall provide and/or pay for all transportation of the child for his or her periods of partial physical custody. Said periods of partial physical custody shall be murk_ally agreed upon by Mother and Father; and Except as otherwise stated above, Mother and Father shall split transportation of the chile[ The parent receiving custody shall be responsible for picking up the child at the other parent's home; and No child support shall be paid by either parent to the other, and Father shall claim the child as a dependant for tax purposes on even numbered years, beginning with 2002; Mother shall claim the child as a dependant for tax purposes on odd numbered years; and In the case of medical emergency involving the child, the parent in custody must notify the other parent of said emergency within two (2) hours of the same; and Except in cases of life and death emergencies, each parent shall notify the other parent twenty-four (24) hours in advance of any changes to the forgoing schedule; and (1) Neither parent shall make disparaging remarks, nor allow a third party to make disparaging remarks about the other parent in the presence of the child_ Each parent shall respect the other parent's right to have a frequent, ongoing and substantial relationship with the child. Neither party shall do or say anything, nor allow a third party to do or say anything that would alienate the child from the affections of the other parent; and (m) Each parent shall be entitled to reasonable telephone access to the child when the child is in the care of the other parent; and (n) Each parent shall keep the other parent informed as to his or her address and telephone number. If either parent is taldng the child from his or her home for more than twenty-four (24) hours, whether for vacation or otherwise, that parent shall inform the other parent of a telephone number where the child can be reached in case of an emergency; and (o) Each parent shall respect the privacy of the other parent; and (p) Mother and Father may make temporary modifications to this Order by mutual agreement; and (q) Mother and Father may permanently modify this Order by mutual agreement so long as the permanent modification is in writing. TERESA GRIFFIN, Plaintiff VS MICAH COX, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 02-2413 TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID CouRT: PETITION TO MODIFY CUSTODY PURSUANT TO .A STIPULAtiON FOR AN AGREED ORDER OF CUSTODY AND NOW, comes Teresa Griffin, Mother of above-referenced Child, by and through her attorney Gall Guida Souders and respectfully represents the following: 1. Petitioner/Plaintiff, Teresa Griffin, Mother, is an adult individual residing at 8 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Petitioner Teresa Griffin is represented by Gail Guida SoUders, Esquire, of Guida Law Offices, P.C. Defendant, Micah Cox, Father, is an adult individual residing at 4000 Mountain View Road, Mechanicsburg, Cumberland Counlly, Pennsylvania 17050. Detisndant Micah Cox is represented by Melanie Walz Scaringi, Esquire, of the Law Office of Walz, Walz, Scaringi & Scaiingi' o Parties are the parents of Legend Lore Cox, a male child, a;e six (6) years, born July 10, 1996. A Consent Custody Order was signed by I'his Honorable Court on July 8. 2002. o Parties have signed a Stipulation for an Agreed Order ofi Custody. See attached Order. WHEREFORE, Petitioner prays Your Honorable Court grant her request to modil~ custody pursuant to the Stipulation for an Agreed Order of CustOdy. Respectfully Submilted, Gall Guida Souders Attorney I.D. No. 6~;740 503 North Front Street Harrisburg, PA 17101 (717) 236-6440 Attorney for Petitiorler I, Teresa Griffin, verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. DATE: TERESA GRIFFIN, : Plaintiff : VS : MICAH COX, : Defendant : IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 02-2413 STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, TERESA GRIFFIN and MICAH COX, Mother AND Father of the minor child, LEGEND LORE COX, by and through their attorneys, stipulate aad agree as follows: 1. LEGAL CUSTODY Mother and Father shall share legal custody of the subject minor child. All negotiations regarding decisions about the child shall be made in writing, via regular mail Or email, and shall not be made via telephone. All decisions affecting the child's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; education, both secular and religious; scholastic athletic pursuits arid other extracurricular activities; and like decisions, shall be considered major decisio~ns and shall be made by the parents jointly, after written negotiations have taken place via regular mail or emaiL and with a view towards obtaining and following a harmonious policy in the child!s best interest. Once the parties have mutually agreed upon these major decisions, each party agrees to keep the other informed, through regular mail or email, as to any unexpected changes (guch as personnel changes or address or telephone changes for the day care provider, change of doctor through mutually agreed-upon medical group, etc.), so that both parents are fully aware of these changes in the child's life. Each party agrees to keep the other informed, through regular mail or emaik of the child's educational and social adjustments. Each party agrees not to impair the other party's right to 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 emotiohal well-being of the child. Day-to-day decisions of a routine nature regarding the child shall be the res parent having physical custody at the time. The parents shall not contact each ponder day-to-day decisions. ~onsibility of the )ther to discuss or !I. PHYSICAL CUSTODY A. Mother shall have primary physical custody of the child. B. Father shall have periods of partial custody of the minor child every othe~ weekend from Friday at 6:00 PM to Sunday at 8:00 PM. If Father is unable to take his regular every other weekend period of physical custody~ he shall be permitted to opt out of his weekend, so long as he gives Mother 24 hours notice that he is exercising this option. I11. HOLIDAYS Holidays shall be alternated by Mother and Father as follow:s: New Year ~' Day: The custody period for New Year's Day :shall begin at 6:00 PM on December 31 and shall extend until 8:00 PM on January 1. The parties shall alternate the New Year's Day Custody Period every other year, with Mother having the NeW Year~s Day Custody Period in 2003 and every odd-numbered year thereafter; and with Father having the New Year's Day Custody Period in 2004, and every even-numbered year!thereafter. The year on New Year's Day (not December 31) shall control this custody schedule. Easter: The Easter Custody Period shall begin the Saturday before Easter!at 6:00 PM and shall extend until Easter night at 8:00 PM. The parties shall alternate the Easter Custody Period every other year, with Father having the Easter Custody Period in 2003 add every odd- numbered year thereafter; and with Mother having the Easter Custody Pehod in 2004~ and every even-numbered year thereafter. Memorktl Day: the custody period for Memorial Day shall begin at 8:00 AM and shall extend until 8:00 PM. The parties shall alternate the Memorial Day Custody Period every other year, with Mother having the Memorial Day Custody Period in 2003 and every odd-numbered year thereafter: and with Father having the Memorial Day Custody Period in 2004, and every even- numbered year thereafter. If Father's regular weekend custody period fall~ immediately before Father's Memorial Day Custody Period, Father shall keep custody for the entire Friday at 6:00 PM through Monday at 8:00 PM period. Mother's Day/Father's Day: Mother shall have custody of the child on MOther's Day and Father shall have custody of the child on Father's Day, from 8:00 AM until 8:00 PM. Fourth q/'./uly: The custody period for the Fourth of July shall begin at 8:00 AM on July 4 and shall extend until 8:00 PM on July 5. The parties shall alternate the Forth of July Custody Period every other year, with Father having the Fourth of July Custody Pe~ every odd-numbered year thereafter; and with Mother having the Fourth o! Period in 2004, and every even-numbered year thereafter. If Father's regu period falls immediately before or after Father's Fourth of J~uly Custody P{ iod in 2003, and ~July Custody ar weekend custody 'riod, Father shall keep custody i*br the entire period, including the overnight in between his two periods of custody. The ('hild~' Birthday: The custody period for the child's birthday shall b~gin at 8:00 AM on July 10, and shall extend until 8:00 PM on July 10. The parties shall alte~rnate the child's birthday every other year, with Mother having the child's b?hday in 2003, and every odd- numbered year thereafter; and with Father having the child s birthday in 2004. and every even- numbered year thereafter. ' · Labor Day: The custody period for Labor Day shall begin at 8:00 AM and shall extend until 8:00 PM. The parties shall alternate the Labor Day Custody Period ever~ other year. with Father having the Labor Day Custody Period in 2003, and ,every odd-nurrlbered year thereafter; and with Mother having ~he Labor Day Custody Period in 200~, and every even- numbered year thereafter. If Father s regular weekend custody period falls immediately belbre Father's Labor Day Custody Period, Father shall keep custody for the entire Friday at 6:00 PM through Monday at 8:00 PM period. H. Thanks'giving: The Thanksgiving Custody Period shall begin the Wednesday betbre Thanksgiving at 6:00 PM and shall extend until the Friday after Thanksgi~,ing at 8:00 PM. The parties shall alternate the Thanksgiving Custody Period every other year, with Mother having the Thanksgiving Custody Period in 2003 and ever)' odd-numbered year thereafter; and with Father having the Thanksgiving Custody Period in 201)4 and every e3en-numbered year thereafter. If Father's regular weekend custody period, falls immediately ~fter Fathers Thanksgiving Custody Period, Father shall keep custody for the entire W~dnesday at 6:00 PM through Sunday at 8:00 PM time period. 1. ('hristmas: The Christmas Custody Period shall begin December 24 at 6:00 PM and shall extend until December 26 at 8:00 PM. The parties shall alternate the Christmas Custody Period every other year, with Father having the Christmas Custody Periodi in 2003 and every odd-numbered year thereafter; and with Mother having the ,Christmas Cuslody Period in 2004~ and every even-numbered year thereafter. J. The holiday schedule shall take precedence over the regular custody schedule. IV. VACATIONS Both parents are entitled to two (2) weeks of uninterrupted custody during the summer weeks. It is understood that a week is defined as seven (7) days that must include the parent's iegularly scheduled custodial weekend. Each parent shall provide the other with thirty (30) days notice' of his/her intention to exercise the extended custody period. V. TRANSPORTATION AND CUSTODY' EXCHANGES The parents shall split transportation of the child. The parent receiving custody shall be responsible for picking up the child at the other parent's home, so long as that home is withi¢ fifty miles of Carlisle~ Cumberland County, Pennsylvania. If either parent moves more than fi~'ty miles from Carlisle~ the parties shall designated a half-way meeting point where all custody :xchanges shall take place. Vi. COURTESY IN DEALINGS There shall be courtesy in all dealings by and between the parents. Neither p~ent shall make disparaging remarks, nor allow a third party to make disparaging remarks about the other parent in the presence of the child. Each parent shall respect the other parent's rieht to have a ifreauent ontmino anti substantial relationship with the child. Neither party shall do or say anything, nor allow a third party to do or say anything that would alienate the child from the affections; of the other parent. The parents shall not harass or make telephone calls to the other parent regarding anything except true emergencies regarding the child. The parties shall not harass the other paren!. Communication between the parties must be regarding the child. Vll. CHILD'S TELEPHONE~ EMAIL AND MAlL ACCI~SS When in thc custody of thc Mother, the child shall be given reasonable tclcphdnc access to Father. The child may call Father collect if this is a long-distance telephone call. When in the custody of Mother, the child shall be given reasonable ability to mail and email Father, and tO receive mail and email from Father. When in the custody of Father, the child shall be given reasonable telephone aCcess to Mother. The child may call Mother collect if this is a long-diStance call. When in the custody 6f Father, the child shall be given reasonable ability to mail and email Mother, and to receive mail and email from Mother. VIII. RELOCATION The parties have negotiated the custody and partial physical custody portion of!this Agreement based upon existing circumstances, and in particular, based upon Mother's and Fa~thers's current residence in Pennsylvania. If either parent desires to establish a resiidence and such move would effect the agreement, he or she shall give the other parent at least sixty (60) days written Inotice in advance of the proposed move, in order to give the parties opportunity to confer, prior to the relocation, and establish a mutually satisfactory arrangement as to custody and partial custody in l~ght of the changed circumstances. In the event that the parties are unable to reach an agreement, thenithe Court ot' Common Pleas of Cumberland County shall have jurisdiction over them to fashio~ an appropriate custody/partial custody order. IX. INFORMATION Each parent shall keep the other parent informed as to his or her address and l~elephone number. If either parent changes his or her telephone number or address, he or she shall mail or email the other parent written notification of the same within forty-eight (48) hours of the changg. X. FREEDOM OF MOVEMENT Mother and Father shall be permitted to take the child wherever they desire st/long as their travels do not violate other provisions of this Stipulation. If either parent is taking the c§ild out of the state of Pennsylvania for more than one day, that parent must notify the other parent of the same and provide him or her with a telephone number in case of emergency. Permission from the C~ther parent is not required. This is simply a notification requirement. The parent who is not taking the child out of the state may not prevent the other parent from taking the child out of ~:he state. Xl. MEDICAL EMERGENCIES In the case of medical emergency involving the child, the parent in custody mt4st notify the other parent of said emergency within five (5) hours of the same, unless the parent in ct~stody is incapacitated at the time of the emergency. Medical emergency shall be defined As a time when the child must be taken to the hospital or have medical emergency response teams resJ3ond to him, or a time when the child is physically or psychologically injured while in the care of a professional day care fhcility or school (whether self-inflicted or at the hands of another). ~ Day to day healthcare decisions about the chil& such as whether the child mayitake medicine fbr a cold, and similar minor decisions, shall be resolved by the parent in custody at the time. XII. MODIFICATIONS It is understood and stipulated by the parents that upon mutual agreement an expanded or altered schedule may be agreed between the parents for and in the best interests of the child. Ali modifications must be documented through a writing that is signed by both partiesi or must be documented through a series ofemails which show affirmation by both parties. I If the parties attempt to make a modification orally, but do not reduce their undersl]anding to a signed writing or a series of emails that show offer and acceptance, then the,' attempted modification shall be voidable by either party. The purpose of requiring that all modifications be in a si~ned writing or in a series of emails which show affirmation by both parties, is to avoid any misunderstandings which may lead to conflicts between the parties. Written modifications shall be the only entbrieable modifications. XIII. EFFECTIVENESS OF THIS STIPULATION This Stipulation shall be in effect upon its signing. This Stipulation shall be Considered to be a written modification to the parties' Custody Order of July 8, 2002, until such tinle as this Stipulation is made into a Court Order, at which time this Stipulation shall stand alone as an Order of Court. WHEREFORE, the parties respectfully request that this Stipulation be entered as an Order of Court. DATE: ~ - 2 ~* 0...~ MOTHER MICAH FATHER DATE: GUIDA LAW OFFICES, P.C. By: Gail Guida Souders Attorney I.D. No. 68740 503 North Front Street Harrisburg, PA 17101 (717) 236-6440 Attorney for Teresa Griffin, Mother · Il_Z, WALZ, SCARIN~;[ & SC~RINGI By: Melanie Walz Scarinfii Attorney I.D. No. 88347 341 Market Street Newport, PA 17071 (717) 567-6993 Attorney for Micah Cox, Father DATE: BY THE COURT: TERESA GRIFFIN, : Plaintiff : VS : MICAH COX, : Defendant : IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN CUSTODY NO. 02-2413 STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, TERESA GRIFFIN and MICAH COX, Mother AND Father of the minor child, LEGEND LORE COX, by and through their attorneys, stipulate and agree as follows: i. LEGAL CUSTODY Mother and Father shall share legal custody of the subject minor child. All negotiations regarding decisions about the child shall be made in writing, via regular mail or email, and shall not be made via telephone. All decisions affecting the child's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; and like decisions, shall be considered major decisions and shall be made by the parents jointly, after written negotiations have taken place via regular mail or email, and with a view towards obtaining and following a harmonious policy in the child's best interest. Once the parties have mutually agreed upon these major decisions, each party agrees to keep the other informed, through regular mail or email, as to any unexpected changes (such as personnel changes or address or telephone changes for the day care provider, change of doctor through mutually agreed-upon medical group, etc.), so that both parents are fully aware of these changes in the child's life. Each party agrees to keep the other informed, through regular mail or email, of the child's educational and social adjustments. Each party agrees not to impair the other party's right to 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. Day-to-day decisions of a routine nature regarding the child shall be the responsibility of the parent having physical custody at the time. The parents shall not contact each other to discuss or ponder day-to-day decisions. Ao II. PHYSICAL CUSTODY Mother shall have primary physical custody of the child. Father shall have periods of partial custody of the minor child every other weekend from Friday at 6:00 PM to Sunday at 8:00 PM. If Father is unable to take his regular every other weekend period of physical custody, he shall be permitted to opt out of his weekend, so long as he gives Mother 24 hours notice that he is exercising this option. mo Co Do I11. HOLIDAYS Holidays shall be alternated by Mother and Father as follows: New Year 4' Day: The custody period for New Year's Day shall begin at 6:00 PM on December 31 and shall extend until 8:00 PM on January 1. The parties shall alternate thc New Year's Day Custody Period every other year, with Mother having the New Year~s Day Custody Period in 2003 and every odd-numbered year thereafter; and with Father having the New Year's Day Custody Period in 2004, and every even-numbered year thereafter. The year on New Year's Day (not December 31 ) shall control this custody schedule. Easter: The Easter Custody Period shall begin the Saturday before Easter at 6:00 PM and shall extend until Easter night at 8:00 PM. The parties shall alternate the Easter Custody Period every other year, with Father having the Easter Custody Period in 2003 and every odd- numbered year thereafter; and with Mother having the Easter Custody Period in 2004~ and every even-numbered year thereafter. Memorial Day: the custody period for Memorial Day shall begin at 8:00 AM and shall extend until 8:00 PM. The parties shall alternate the Memorial Day Custody Period every other year, with Mother having the Memorial Day Custody Period in 2003 and every odd-numbered year thereafter: and with Father having the Memorial Day Custody Period in 2004, and every even- numbered year thereafter. If Father's regular weekend custody period falls immediately before Father's Memorial Day Custody Period, Father shall keep custody for the entire Friday at 6:00 PM through Monday at 8:00 PM period. Mother's Day/Father's Day: Mother shall have custody of the child on Mother's Day and Father shall have custody of the child on Father's Day, from 8:00 AM until 8:00 PM. Fourth qf.hdy: The custody period for the Fourth of July shall begin at 8:00 AM on July 4 and shall extend until 8:00 PM on July 5. The parties shall alternate the Forth of July Custody Period every other year, with Father having the Fourth of July Custody Period in 2003, and every odd-numbered year thereafter; and with Mother having the Fourth of July Custody Period in 2004, and every even-numbered year thereafter. If Father's regular weekend custody period ~hlls immediately before or after Father's Fourth of July Custody Period, Father shall keep custody tbr the entire period, including the overnight in between his two periods of custody. The Child~' Birthday: The custody period for the child's birthday shall begin at 8:00 AM on July 10~ and shall extend until 8:00 PM on July 10. The parties shall alternate the child's birthday every other year, with Mother having the child's birthday in 2003, and every odd- numbered year thereafter; and with Father having the child's birthday in 2004, and every even- numbered year thereafter. Labor Day: The custody period for Labor Day shall begin at 8:00 AM and shall extend until 8:00 PM. The parties shall alternate the Labor Day Custody Period every other year. with Father having the Labor Day Custody Period in 2003, and every odd-numbered year thereafter; and with Mother having the Labor Day Custody Period in 2004, and every even- numbered year thereafter. If Father's regular weekend custody period falls immediately belbre Father's Labor Day Custody Period, Father shall keep custody for the entire Friday at 6:00 PM through Monday at 8:00 PM period. Thanksgiving: The Thanksgiving Custody Period shall begin the Wednesday before Thanksgiving at 6:00 PM and shall extend until the Friday after Thanksgiving at 8:00 PM. The parties shall alternate the Thanksgiving Custody Period every other year, with Mother having the Thanksgiving Custody Period in 2003 and every odd-numbered year thereafter; and with Father having the Thanksgiving Custody Period in 2004 and every even-numbered year thereafter. If Fatheffs regular weekend custody period falls immediately after Father's Thanksgiving Custody Period, Father shall keep custo~ly for the entire Wednesday at 6:00 PM through Sunday at 8:00 PM time period. Christmas: The Christmas Custody Period shall begin December 24 at 6:00 PM and shall extend until December 26 at 8:00 PM. The parties shall alternate the Christmas Custody Period every other year~ with Father having the Christmas Custody Period in 2003 and every odd-numbered year thereafter; and with Mother having the Christmas Custody Period in 2004, and every even-numbered year thereafter. J. The holiday schedule shall take precedence over the regular custody schedule. IV. VACATIONS Both parents are entitled to two (2) weeks of uninterrupted custody during the summer weeks. It is understood that a week is defined as seven (7) days that must include the parent's regularly scheduled custodial weekend. Each parent shall provide the other with thirty (30) days notice of his/her intention to exercise the extended custody period. IX. INFORMATION Each parent shall keep the other parent inibrmed as to his or her address and telephone number. If either parent changes his or her telephone number or address, he or she shall mail or email the other parent written notification of the same within forty-eight (48) hours of the change. X. FREEDOM OF MOVEMENT Mother and Father shall be permitted to take the child wherever they desire so long as their travels do not violate other provisions of this Stipulation. If either parent is taking the child out of the state of Pennsylvania for more than one day, that parent must notify the other parent of the same and provide him or her with a telephone number in case of emergency. Permission from the other parent is not required. This is simply a notification requirement. The parent who is not taking the child out of the state may not prevent the other parent from taking the child out of the state. XI. MEDICAL EMERGENCIES In the case of medical emergency involving the child, the parent in custody must notify the other parent of said emergency within five (5) hours of the same, unless the parent in custody is incapacitated at the time of the emergency. Medical emergency shall be defined as a time when the child must be taken to the hospital or have medical emergency response teams respond to him, or a time when the child is physically or psychologically injured while in the care ofa prot~ssional day care lhcility or school (whether self-inflicted or at the hands of another). Day to day healthcare decisions about the child, such as whether the child may take medicine tbr a cold, and similar minor decisions, shall be resolved by the parent in custody at the time. XII. MODIFICATIONS It is understood and stipulated by the parents that upon mutual agreement an expanded or altered schedule may be agreed between the parents for and in the best interests of the child. All modifications must be documented through a writing that is signed by both parties, or must be documented through a series of emails which show affirmation by both parties. If the parties attempt to make a modification orally, but do not reduce their understanding to a signed writing or a series of emails that show offer and acceptance, then the attempted modification shall be voidable by either party. The purpose of requiring that all modifications be in a signed writing or in a series of emails which show affirmation by both parties, is to avoid any misunderstandings which may lead to conflicts between the parties. Written modifications shall be the only entbrceable modifications. XIII. EFFECTIVENESS OF THIS STIPULATION This Stipulation shall be in effect upon its signing. This Stipulation shall be considered to be a written modification to the parties' Custody Order of July 8, 2002, until such time as this Stipulation is made into a Court Order, at which time this Stipulation shall stand alone as an Order of Court. WHEREFORE, the parties respectfully request that this Stipulation be entered as an Order of Court. DATE: ~ - 2 I- 0.,~ MOTHER GUIDA LAW OFFICES, P.C. By: Gall Guida Souders Attorney I.D. No. 68740 503 North Front Street Harrisburg, PA 17101 (717) 236-6440 Attorney for Teresa Griffin, Mother MICAH CO , F~ATHER DATE: ./~I_{.Z, WALZ, SCARINGI & SC,~RING! By: Melanie Walz Scaringi Attorney I.D. No. 88347 341 Market Street Newport, PA 17071 (717) 567-6993 Attorney for Micah Cox, Father TERESA GRIFFIN, PLAINTIFF MICAH S. COX, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA, : : CIVIL ACTION - LAW : IN CUSTODY : DOCKET NO. 02.-2413 PRAECIPE TO W!THDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney for the Defendant in the above-captioned action, per Defendant's request. Respectfully Submitted, _ . WAI[Z, WALZ, SCARI~GI & SCA~INGI Melahie Walz Scaringi Attorney ID No. 88347 341 Market Street Newport, PA 17074 (717) 567-6993 I, Micah S. Cox, Defendant in the above-captioned action, consent to the withdrawal of counsel on my behalf Date: ~}.~t/-~>~ ~?-~OX~ Micah S.