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HomeMy WebLinkAbout95-04990 KELLY ANN MARKOSEK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. %i4990 CIVIL TERM IN CUSTODY . . vs. : JOSEPH F. MARKOSEK, Defendant : CERTIFICATE OF SERVICE In accordance with PA.R.C.P. 402 and 412, I, Edward J. Weintraub, Esquire, do hereby certify that on the 20th day of September, 1995, I served a true and correct copy of Complaint For Custody, Pursuant To PA.R,C.P. 1915.5, upon, Defendant by depositing same in the U. S. Mail, Certified Mail/Return Receipt Requested, Harrisburg, Pennsylvania, addressed as follows: Hon. Joseph F. Markosek 171 Glenwood Drive Monroeville, PA 15146 ~ Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 10117441 Counsel for Plaintiff . LAW OmCE ED\IlI\RD J. WEINTRAUB 2650 NORTH THIRD 511IEET HARRISBURG, PENNSYLVANIA 17t10 (717)238-2200 FAX (717) 238-9280 o ~., , ~ SEP 211995 . ...\'r" oJ , KELLY ANN MARKOSEK, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND{COUNTY, ~~NNSYLVANIA NO. 15- Lf-f1l1b ~~- CIVIL ACTION - CUSTODY EMERGENCY PETITION rOR SPECIAL RELIEF JOSBPH r. MARKOSEK, Defendant . . AND NOW, this day of September, 1995, upon consideration of Plaintiff Mother's within Emergency Petition For Special Relief, Plaintiff Mother, Kelly Ann Markosek, is hereby awarded temporary primary physical custody of the minor child Brandon Joseph Markosek, and the child will continue to reside with Plaintiff Mother at her residence at 1002 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055, with Defendant Father Joseph F, Markosek to enjoy appropriate visitation with the child and IT IS FURTHER ORDERED that Defendant Father Joseph F. Markosek, shall not remove the minor child Brandon Joseph Markosek from Cumberland and Dauphin Counties, until further order of this Court. ,'. qr T ,..[' ~ r'''' In' J. - = t.' ~; W ). ~G.-' J '---Z2) Ql ,.. . ~ I"; ~ ~-.. ~... ~"" - .., tft KELLY ANN MARKOSEK, plaintiff . . . . IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN CUSTODY vs. . . JOSEPH F. MARKOSEK( Defendant EMERGENCY PETITION FOR SPECIAL RELIEF plaintiff, Kelly Ann Markosek, by and through her attorney, Edward J. weintraub, files this Emergency Petition For special Relief and in support thereof avers as follows: 1. plaintiff Mother, Kelly Ann Markosek, resides at 1002 Alison Avenue, Mechanicsburg, Cumberland County, pennsylvania 17055. 2. Defendant Father, Joseph F. Markosek, resides at 171 Glenwood Drive, Monroeville( Allegheny County, pennsylvania 15146. 3 . The parties are the parents of the minor child Brandon Joseph Markosek, born December 25, 1992. 4 . Until september 18, 1995, the parties and child lived in the marital home in Monroeville, Allegheny County, pennsylvania 15146. 5. On September 19, 1995, plaintiff Mother advised Defendant Father that she was filing for a divorce and initiated a marital separation, establishing her new residence at 1002 Alison Avenue, Mechanicsburg, Cumberland County, pennsylvania 17055. 6. Plaintiff Mother has filed for divorce in the Court of Common Pleas of Cumberland County, Pennsylvania. 7. Defendant is a State Legislator who maintained his primary residence in Allegheny County but until August 1995 also maintained a residence in the Harrisburg area at the home of Plaintiff's parents at 1002 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. Plaintiff Mother has been the child's primary and almost exclusively nurturing parent and caretaker and the child has special needs, for speech therapy, 9. Plaintiff Mother and the child have significant contacts with Cumberland County, in that Defendant's second residence has been in the Harrisburg area when the Legislature is in session; Plaintiff was born and raised in Cumberland County at the home of her parents, where she has now re-established her residence; Mother and child have spent significant time in Cumberland County in the years immediately preceding this action. 10. Upon being advised of the marital separation and divorce filing by Plaintiff Mother, Defendant Father threatened to take the child and return to Monroeville, Allegheny County, Pennsylvania. 11. It is in the best interest and permanent welfare of the child that he continue to live with Mother at her present residence in Cumberland County, Pennsylvania, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Temporary Order of Physical Custody providing Plaintiff Mother with primary physical custody of the minor child Brandon Joseph Markosek and further prohibiting Defendant Father from removing the child from Cumberland and Dauphin Counties, with Father to enjoy appropriate visitation within Dauphin and Cumberland Counties, until further Order of the Court. 'tted: eintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 1D.17441 Counsel for Plaintiff Mother I I VERIFICATION Plaintiff Kelly Ann Markosek, verifies that the statements made in the Emergency Petition For special Relief are true and correct. The Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: q /Jl.t"'lI9....), , I J~~ .,a. fl ~ 1L....ft "'- Kelly n Markose , -' ~. \,,~ ~~ - ..3. 0'" :c 0- :I "" >-.. 00- ... .- ~~~~~~; " . 1 ~ s= ~ - ,.1.. ;:J~ t::) r-.I lb ." .... . .> . . c . . . .: . .,. .... LAW OFFICE EDW\IlD J. WEINTRAUB 2650 NORTH 11flRl) SlREET HARRISBURG, PENN$YLVANtA 17110 17171 238-2200 . FAX 17t7l 238-9280 o SE.P l11a9~ . " :'r ,.'~~:~1:';\'''n,?,.::7'-:Y", :"~r(~.:--;-'~-:'-"~ , '~') '2~~t~{6y;ft;",. LAW OFFICE EDW\RD J. WEINTRAUB . 2650 NORTH THIRD STREET ~, PENNSYLVAHL\ 17110 (717) 238-2200 KELLY ANN MARKOSEK, IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . vs. NO. 95-4990 CIVIL TERM . . JOSEPH F. MARKOSEK, EMERGENCY PETITION FOR Defendant SPECIAL RELIEF CERTIFICATE OF SERVICE In accordance with PA.R.C.P,. 402 and 412, I, Edward J. Weintraub, Esquire, do hereby certify that on the 27th~Y(9~ tI'tf2 September, 1995, I served a true and correct copy of;'Emergency Petition For Special Relief, Pursuant To PA.R,C.P. 1915.5, upon, . Counsel for Defendant by depositing same in the U. S. Mail, Certified Mail/Return Receipt Requested, Harrisburg, Pennsylvania, addressed as follows: John D. Finnegan, Esquire 300 Oxford Drive Monroeville, PA 15146 S,vtJ Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 10117441 Counsel for Plaintiff KELLY ANN MARKOSEK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11)' 44tH-' (lA_~l~C ~ it 1l'\... CIVIL ACTION - LAW vs. JOSEPH F. MARKOSEK, Defendant IN CUSTODY AND NOW, o R D E R c;pfH- ri7 1995, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before _f'Il.' ( ~".<. I L. Be...!., 7 W;I ::.. Ibl',S}, ..c..11mher land Cetluty eourt HaUth;;, , Esquire, the Conciliator, at {"'~'" H,d 1 (.8\lFth6"u~e 3~I:ulr~, Garl;ale.., Cumberland 11 113, on ~( TAMr11"'Ythe ;)y,,( day of at -1L1L'.m. o'clock, for a Pre-Hearing County, Pennsylvania ----rlovt'I'" bt1' , 19 9 5 , 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, Either party may bring the child who is the subject of this custody action to the conference, but the child I s attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or FOR THE COURT: By:~~~i,..(j.i ~~ ..-~ Custody Concili or /'.7 / 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, permanent order. Date of order:----.1-:J/I) OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 - (717) 240-6200 ,SfP 28 j Z9 PH '95 "j.,"" . . . '. '( /, ' '/.1 I . .. I . ,';', ,'l, :ill' '1~1fs &d. ~ p14:a,~ 5 ~ 9.~.tf,{' ~ ~z #! 4'~'1IS ~ ~'.u. rot, ~ ~. COMPLAINT FOR CUSTODY AND NOW, Plaintiff Kelly Ann Markosek, by and through her attorney, Edward J. Weintraub, Esquire, files a Complaint For Custody against Defendant Joseph F. Markosek, and in support thereof, avers the following: 1. Plaintiff is Kelly Ann Markosek, Mother, who currently resides at 1002 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Joseph F. Markosek, Father, who currently resides at 171 G1enwood Drive, Monroeville, Allegheny County, Pennsylvania 15146. 3. Plaintiff seeks custody of the following child: tiaHI Present Address Brandon Joseph Markosek 1002 Alison Avenue Mechanisburg, PA Mil 2 (OOB: 12/25/92) 4. The child was not born out of wedlock, 5. The child, Brandon Joseph Markosek, is presently in the custody of Mother, Kelly Ann Markosek, who currently resides at 1002 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 6. During the past two (2) years, the child, Brandon Joseph Markosek, resided with the following persons at the following addresses: Persons Address 171 Glenwood Drive Monroeville, PA 15146 1002 Alison Avenue Mechanicsburg, PA 17055 ~ 12/25/92 09/18/95 09/19/95 Present Plaintiff and Defendant Plaintiff 7. The Mother of the child, Brandon Joseph Markosek, who currently resides at 1002 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. The Father of the child, Brandon Joseph Markosek, who currently resides at 171 Glenwood Drive, Monroeville, Allegheny County, Pennsylvania 15146. 9. The parties are married. 10. The relationship of Plaintiff to the child is that of Mother. Plaintiff currently resides with the following person: per.on Relation.hiD Sarah , Robert Meck Mother and Father 11. The relationship of Defendant to the child is that of Father. Defendant currently resides with the following persons: Person Relationshie , , I 12. Plaintiff and Defendant have 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. 13. Plaintiff and Defendant have no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 14. Plaintiff and Defendant do 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. 15. The best interests and permanent welfare of the child, Brandon Joseph Markosek, will be served by granting the relief requested, inter alia, because the Plaintiff Mother has been one of the child's primary caretakers. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendBncy of this action and the right to intervene. 1iAm!l Address Basis of Claim WHEREFORE, Plaintiff respectfully request that this Honorable Court enter an Ordar granting custody to Plaintiff Kelly Ann Markosek of the child Brandon Joseph Markosek, Edwa J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 IDI17441 Counsel for Plaintiff Date: / to ~ ~ VERIFICATION I, Kelly Ann Markosek, hereby swear and affirm that the facts contained in the foregoing Complaint For Custody are true and correct and are made subject to the penalties of 18 Pa.C.S.A. Section 4909 relating to unsworn falsification to authorities. Date:9!2(') I?s' I I 1~4f~'~ -~ L~..}I elly; nn Markosek ~ - ~; ~: ..\ .~ r'=> ;..) ...., .... ~~ ~ ~ '-.S -:;r:: 1...1.' ';; :::;: ~~}.: ... R. .... .... v> ~. ~ ~ - ~ ~ rn "" ....... 'i ~,,~~ c::.; ~~' - ~ "'" KELLY ANN MARKOSEK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4990 CIVIL TERM CIVIL ACTION - LAW vs. JOSEPH F. MARKOSEK, Defendant IN CUSTODY CERTIFICATE OF SERVICE In accordance with PA.R.C.P. 402 and 412, I, Edward J. Weintraub, Esquire, do hereby certify that on the 29th day of September, 1995, I served a true and correct copy of Order of Court (Complaint For Custody) setting forth Conciliation Conference date, time and location, Pursuant To PA.R.C.P. 1915.5, upon, Counsel for Defendant by depositing same in the U. S. Mail, Certified Mail/Return Receipt Requested, Harrisburg, Pennsylvania, addressed as follows: John D. Finnegan, Esquire 300 Oxford Drive Monroeville, PA 15146 W-~ Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 10117441 Counsel for Plaintiff KELLY ANN MARKOSEK, . IN THE COURT OF COMMON PLEAS . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-4990 CIVIL TERM . CIVIL ACTION . . CUSTODY . JOSEPH F. MARKOSEK, Defendant PRABCIPE FOR APPBARAHC~ Filed on behalf of Defendant, JOSEPH F. MARKOSEK Counsel of Record for this Party: JOHN D. FINNEGAN, ESQUIRE 300 Oxford Drive Monroeville, PA 15146 (412) 856-7340 PA I.D. 100089 KELLY ANN MARKOSEK, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4990 CIVIL ACTION - LAW CUSTODY JOSEPH F. MARKOSEK, Defendant PRABenl 1"OR APPBARAHCB TO THE PROTHONOTARY Enter my appearance as counsel for Defendant, JOSEPH F. MARKOSBK, in the above-entitled case. Jo . F nne re 30 xford Dri Monroeville, PA 15146 (412) 856-7340 PA I.D. 100089 ATTORNEY FOR DEFENDANT KELLY ANN MAR KOSEK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) ) ) ) ) ) '" OAl1a: AND NOW, this '2- tf day of . vs. JOSEPH F. MARKOSEK, Defendant CIVIL ACTION - LAW NO. 9504990 CIVIL TERM CUSTODY NISIT A TION , 1995, upon receipt of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this interim order, having been dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The Order of September 22, 1995, is modified as follows: A. The Father will have periods of partial custody and visitation with the minor child, Brandon Joseph Markosek, every Sunday beginning at noon until 7:30 p.m. In the event that Father cannot exercise this period of visitation, he will notify Mother by 5:00 p.m. on Saturday prior to the Sunday visitation. B. Father shall be entitled to periods of visitation on Monday, Tue.dsy, snd Wadnssdsy from 5:00 p.m. until 7:30 p.m. In the event Father cannot exercise these periodS of visitation, he will notify Mother by 2:00 p.m. 2. It is the Intent of this schedule that the parties be flexible so that the Father can exercise as much visitation as possible that fits with his schedule pending further Order of Court. 3. The parties shall make themselves available for a complete custody evaluation, the extent of which will be determined by Dr. Arnold Shienvold. The parties will equally share the cost of this evaluation. In the event that the parties cannot reach a final agreement after receipt of Dr. Shienvold's recommendation, either party may petition the Court for a further conciliation. 4. In all other respects, the Order entered 22 September 1996 remalna In full force and effect. BY THE COURT, Edward J. Weintraub, Esquire John J. Connelly, Jr., Esquire mlb ~1;~..q~'1"\1~J f\ , '.' ".". ;3 lI,n. H~r, , .j ;.. .~ ~~Vl .""f'.. - ~':"i . j:)iHO.... ' SG. ~, Ll G 11 ~O" J. KELLY ANN MAR KOSEK, Plaintiff ) ) ) I ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JOSEPH F. MAR KOSEK, Defendant CIVIL ACTION. LAW NO. 9504990 CIVIL TERM CUSTODY /VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable George E. Hoffer CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), t~e undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME BIRTHDA TE CURRENTLY IN CUSTODY OF Brandon Joseph Markosek 25 December 1992 Plaintiff IMother 2. A Conciliation Conference was held on 20 November 1995, and the following individuals were present: the Plaintiff and her attorney, Edward J. Weintraub, Esquirs; the Defendant appeared with his attorney, John J. Connelly, Jr., Esquire. 3. Items resolved by agreement: See Order attached. 4. Issues yet to be resolved: A complete custody schedule. 1 6. The Plaintiff's position on custody is as follows: Plaintiff had some concerns about the parenting ability of the Father end would not agree to overnight visitation as a result of those concerns. 6. The Defendant's position on custody is as follows: Defendant believes that the Plaintiff's concerns are unfounded and that he should have regular and consistent, including overnight, visitation with his child. 7. Need for separate counsel to represent child: Neither party requested and the Conciliator does not believe it is necessary. 8. Need for independent psychological evaluation or counseling: The parties agree to use Dr. Arnold Shienvold; see Order attached. 9. Other matters and comments: See Interim Order attached. Date: 22 November 1996 ~~J l& J Michael L. Bangs ~ Custody Conciliator 2 -.~ "-, ,-~.",~ _',-~-...- .. . ,~ov {4 1S9[j,J- . " r}!~~t(~~~~~~r '~',:. - ~... ~.~',< ~_,'d-~-~,' , .'Tj -'."h <" -' -~~; ., ",,'\, ; ~,'~t '-,~: ~ -~, ... ,~~7, -- t~.:' . ~t~;;.{ :! . . t '. LAW OFFICE EDW\RD J. WEINTRAUB 2650 NORTH THIRD 511lEET HARJUSBURG. PENNSYLVA\'IlA 17110 (717) 238-22lIO FAX (717) 238-9280 j;r. -' ,- .... ........' >,"", . ." . .... 17....8. ......... .' .,". . . .- , '" v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. YJ - '-/95-'0 ~/ (jit ~/\'--' KELLY ANN MARKOSEK, Plaintiff JOSEPH F. MAR KOSEK, Defendant CIVIL ACTION. LAW IN CUSTODY rKERO~ AND NOW, this ~ day of ,1997, upon consideration of the within Stipulation for Agreed Order of Custody with regard to the parties' minor child, Brandon Joseph Markosek, born Decembor 25, 1992, it Is hereby ORDERED AND DECREED that said Stipulation shall become an Order of Court. BY THE COURT: J. : Markosek - Custody Stipulation Draft # 1 0 - 9/29/97 KELLY ANN MARKOSEK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - .l.jt;9o CWJ -~,-L/ v. JOSEPH F. MAR KOSEK, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR AGREED TO ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY a. The parties hereby agree to share legal custody of their child, Brandon Joseph Markosek, born December 25, 1992. All decisions affecting the child's growth and development including, but not limited to: special schools and/or instruction; choice of day care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, public or private school education, whether secular and religious; athletic pursuits, summer camp and extracurricular activities and like matters shall all be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards attaining and following a harmonious policy in the child's best interest. b. Each party agrees to keep the other informed of the progress of the child's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of the child. c. While in the presence of the child, neither parent shall make or permit their parents, other relatives or any other person to make any remarks or do .. Markosek - Custody Stipulation Draft 1110 - 9/29/97 anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as ons whom the child should respect and love. Both parties shall encourage their parents and other relatives from disparaging the reputation of either party. d. It shall be the obligation of each parent to make the child available to the other in accordance with the Ghared physical custody arrangement and schedule and to encourage the child and their respective parents and other relatives to participate in the plan hereby agreed and ordered. e. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. f. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as a messenger. Furthermore, until the child attains the age of ten (10) neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. Both parents are encouraged to be flexible in determining schedule changes. g. With regard to any emergency decisions which must be made, the parent with physical custody of the child at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, the parent with physical custody making an emergency decision shall inform the other of the emergency and consult with him/her as soon 2 , Mnrkosek - Custody Stipulation Dmft # I 0 - 9/29/97 as possible. Day-to-day decisions of a routine nature including those relating to medical care shall be the responsibility of ths parent having physical custody at the time. h. Each parent shall be entitled to complete and full information from any hospital, doctor, dentist, teacher or authority and have copies of any reports given to either parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. It will be Mother's primary responsibility to provide Father with copies of report cards and all notifications of major school events. I. Neither parent shall schedule activities or appointments for the child which would require his attendance or participation at said activity or appointment during a time when he is scheduled to be in the physical custody of the other parent without that parent's express prior approval. j. The parties acknowledge that the child's legal name is Brandon Joseph Markosek and that he shall be known by this name for all purposes. The parties agree that they will instruct their respective families and friends that the child should not be referred to by any other name. II. PHYSIC~CUSTODY The parties shall share physical custody of the child. Mother shall have primary physical custody. Failing mutual agreement to the contrary, the follOWing schedule shall apply: a. Alternating weekends with Father from Friday at 7:00 p.m. until Sunday at 7:00 p.m. 3 Mnrkosek - Custody Stipulation Draft # 1 0 - 9/29/97 b. In the week following Father's weekend, one mid-week visit from 5:00 p.m. through 7:00 p.m., on Tuesday or Wednesday evening and the following week one mid-week visit on Monday, Tussday or Wednesday evening. Father shall advise Mother every Sunday which day he has selscted for the mid-week visit the following week. 4 c. The Thanksgiving holiday shall be divided into two Segments. Segment A shall run from the Wednesday prior to Thanksgiving at 2:00 p.m. until the Friday after Thanksgiving at 6:30 p.m. Segment B shall run from Friday at 6:30 p.m. until Monday at 6:30 p.m. Mother shall have Segment A in 1997 and in odd numbered years thereafter. d. The Christmas holiday shall be divided into two Segments. Segment A shall run from December 24 at 12:00 noon through December 28 at 3:00 p.m. Segment B shall run from December 28 at 3:00 p.m. through January 2 at 12:00 noon. In odd numbered years, Father shall have custody during Segment A and Mother during Segment 8. In even numbered years, Mother shall have custody during Segment A and Father during Segment B. e. "Swearing in Day" at the State Capital in January from 10:30 a.m. to 3:00 p.m. will be with Father every year. f. The Easter holiday from Friday at 6:30 p.m. until Sunday at 6:30 p.m. with Father in 1998 and in even numbered years thereafter. g. Memorial Day weekend from Friday at 6:30 p.m. until Monday at 6:30 p.m. with Mother in 1997 and in odd numbered years thereafter. h. Father's Day weekend from Friday at 6:30 p.m. through Sunday at 7:00 p.m. with Father and Mother's Day weekend from Friday at 6:30 p.m. through Sunday at 7:00 p.m. with Mother. Markosek - Custody Stipulation Draft #10 - 9/29197 I. July 3rd at 6:30 p.m. until July 5th at 10:30 a.m. with Father in 1997 and in odd numbered years thereafter. j. Labor Day weekend from Friday at 6:30 p.m. until Monday at 6:30 p.m. with Mother in 1997 and in odd numbered years thereafter. k. From July 1, 1 997 through June 30, 1998, Father will be allowed fourteen (14) days vacation. Ssven (7) of those days will be taken during the summer months, while the other seven (7) shall be used during the school year. Father may utilize one or more of his vacation days at a time and may tack them on to other regularly scheduled days or holidays, but in no event shall the total number of consecutive days with the child exceed seven (7) days. Both parents must provide at least thirty (30) days written notice of when either plans to use seven (7) consecutive days of vacation time. Father shall give Mother fourteen (14) days prior notice of all vacation days other than the seven consecutive days for which he will give thirty (30) days notice. Father's vacations days shall not interfere with Mother's scheduled vacation days or holidays. I. Each parent shall have physical custody of the child for attendance at family funerals and weddings with reasonable notice to the other parent. IV. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The parents are encouraged to place telephone calls to the child no later than 7:30 p.m. so as not to interfere with dinner or bedtime. The child shall be permitted unrestricted access to place calls to his parents as he desires at any reasonable time. If the child's bedtime is extended by Mother, the time for telephone calls may al.~ be extended. 5 Markosck - Custody Stipulation Draft #10 - 9/29/97 v . RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County and Allegheny County, Pennsylvania. If either parent desires to establish a residence more than twenty-five (25) miles from their present residence, he or she shall give the other parent at least ninety (90) days written notice In advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have Jurisdiction over them to fashion an appropriate custody/partial custody schedule. VI. TRANSPORTATION Transportation to implement this Order shall be shared. Mother shall deliver the child to Father at Bedford (Pennsylvania Turnpike Exit 11) on Friday evenings. Father shall return the child to Mother's residence at 7:00 p.m. on Sunday evenings assuming he Is returning to the Harrisburg area. In the event Father is not returning to Harrisburg on Sunday, Mother shall pick the child up from Father at Bedford at 4:00 p.m. during the school year and at 5:00 p.m. during the summer months. Return times In paragraph II will be seasonally adjusted as necessary to accommodate Mother's cooperation in traveling to Bedford pursuant to this transportation arrangement. 6 .i c-' ~1 l:l .l!!. Q .. 1 t ~ ~ , @ -- L >- ;..:) P' , : ,.' , . '.' .-.. c. " " , L. 1.'_ .... r.. . '-)