HomeMy WebLinkAbout02-4812GOLDBERG, KATZ,MAN & SHIPMAN, P.C.
Heather L. Patemo. Esquire
Supreme Covet ID X87506
320 Market Street, P.O. Box 1268
HarrisbutS PA 17108-1268
Attorneys for Plaintiff
JASON S. FAHNESTOCK,
Plaintiff,
V.
BRANDIE N. GIBSON,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0.2 - 'gP1.1 ('tutl ` l
CIVIL ACTION - LAW
CUSTODYNISITATION
COMPLAINT FOR CUSTODY
1. Plaintiff is JASON S. FAHNESTOCK, whose current address is 4347 Carlisle
Road, Gardners, Cumberland County, Pennsylvania 17324.
2. Defendant is BRANDIE N. GIBSON, whose current residential address is 507
Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Plaintiff is the Father and Defendant is the Mother of the Child who is the subject
of this action.
4. Plaintiff seeks shared legal and primary physical custody of
Name: Alissa Nicole Fahnestock, Date of Birth: October 19, 1999.
Present
Residence: 507 Bedford Court, Mechanicsburg, Cumberland County,
Pennsylvania
Alissa Nicole Fahnestock (hereinafter referred to as "the Child") was born out of wedlock.
5. The Child presently resides with Brandie N. Gibson, Plaintiff herein, at 507
Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania.
The previous addresses of the Child are as follows:
5/02 - present 507 Bedford Court, Mechanicsburg, Cumberland County,
Pennsylvania
With Defendant and James Myers
4/02 - 5/02 97 Bobcat Road, Carlisle, Cumberland County, Pennsylvania
With Defendant and maternal grandparents
3/01 -4/02 747 Unit #3 Blosserville Road, Newville, Cumberland County,
Pennsylvania
With Defendant and an occasional female roommate
8/00 - 3/01 97 Bobcat Road, Carlisle, Cumberland County, Pennsylvania
With Defendant and maternal grandparents
10/99 - 8/00 4 Fairfield Street, Apartment #3, Newville, Cumberland County,
Pennsylvania
With Plaintiff and Defendant
Plaintiff has no information of a custody proceeding concerning the Child pending
in a court of this Commonwealth.
9. The best interests and permanent welfare of the Child will be served by the relief
requested.
10. Plaintiff has not participated as a party, witness or in another capacity or in other
litigation concerning the custody of the Child in this or another Court.
11. Defendant currently lives with the Child and her boyfriend, James Myers.
12. Plaintiff currently lives with his girlfriend, Stephanie Martin.
WHEREFORE, Plaintiff respectfully requests that the court grant him shared legal and
primary physical custody of his daughter, Alissa Nicole Fahnestock.
Respectfully submitted,
KATZMAN & SHIPMAN. P.C.
By:
Market Street. Post Office Box 1268
Larrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Plaintiff
83086.1
VERIFICATION
I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY
are true and correct to the best of my knowledge, information and belief. I understand that false
statements contained herein are made subject to the penalties of 18 Pa.C. S. Section 4904 relating to
unsworn falsification to authorities
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JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRANDIE N. GIBSON
DEFENDANT
• 024812 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, October 08, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, November 06, 2002 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children 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/
Dawn S. Sunday, Esa. ?,A,?-
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JASON S. FAHNESTOCK,
Plaintiff
V.
BRANDIE N. GIBSON
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4812 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
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 claim set forth against
you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER O ONE, GO TO,
OFFICE SET FORTH BELOW TO FIND OUT ERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
JASON S. FAHNESTOCK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 02-4812 CIVIL TERM
BRANDIE N. GIBSON CIVIL ACTION - LAW
Defendant CUSTODY
DEFENDANT'S ANSWER AND
COUNTERCLAIM
TO COMPLAINT FOR CUSTODY
AND NOW, comes the Defendant, by and through her attorney Charles Rector,
Esquire, and files the following as her Answer and Counterclaim to Complaint for
Custody:
1. - 4. Admitted.
5. Admitted. However, Defendant is unsure of the dates alleged by Plaintiff.
6. - 7. No answer required.
8. Admitted.
9. Denied. It is denied that the best interest and permanent welfare of the
child will be served by the relief requested in Plaintiffs Complaint and proof thereof is
demanded at the time of trial and the same is deemed denied.
10. Admitted.
11. Admitted.
12. Admitted.
WHEREFORE, Defendant respectfully requests that the Court deny Plaintiffs
request for shared legal custody and primary physical custody of the minor child, Alissa
Nicole Fahnestock.
COUNTERCLAIM
Count I - Custody
13. Paragraphs 1 through 12 above are incorporated herein by reference and
made part hereof.
14. The best interest and permanent welfare of the minor child will be served
by granting Mother primary legal and physical custody for the following reasons:
a. Plaintiff has a demonstrated history of threats of violence against
Defendant and threats of taking the minor child and of not returning her.
b. Plaintiff has a history of threats of violence and physical violence against
his current paramour, some of which violence has occurred in the
presence of the minor child in question.
C. Plaintiff has, in the past, failed to adequately provide for the welfare of the
minor child. For example, has failed to obtain necessary medication to
treat a severe diaper rash infection.
d. Plaintiff is the product of a severely abusive upbringing and requires
psychological counseling.
WHEREFORE, the Defendant, Brandie N. Gibson, respectfully requests that your
Honorable Court grant her primary legal and physical custody of the minor child.
RESPECTFULLY SUBMITTED:
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Defendant
Date: LD?*
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Brandie N. Gibs
Date:
CERTIFICATE OF SERVICE
I, Charles Rector, Esquire, do hereby certify that on the 315` day of October,
2002, 1 caused a true and correct copy of the within Answer and Counterclaim to be
served upon the following counsel of record by depositing same in first class, United
States mail, postage paid, in Camp Hill, Pennsylvania:
Heather L. Paterno
Goldberg, Katzman & Shipman, P.C.
P. O. Box 1268
Harrisburg, PA 17108-1268
By:
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
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JASON S. FAHNESTOCK,
Plaintiff
vs.
BRANDIE N. GIBSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4812
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this I tj- day of ?)r 44L -, 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Jason S. Fahnestock, and the Mother, Bramdie N. Gibson, shall have shared
legal custody of Alissa Nicole Fahnestock, born October 19, 1999. Each parent shall have an equal
right, to be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all decisions regarding her
health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to
all records and information pertaining to the Child including, but not limited to, school and medical
records and information. The parties agree to promptly notify each other of any emergency involving
the Child or any illnesses or other significant developments.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on alternating weekends from
Friday at 2:30 p.m. when the Father shall pickup the Child at school through Monday morning at 8:30
a.m. when the Father shall transport the Child to school. If the Child does not have school on Monday,
the Father shall retain custody until the Mother is off work. During weeks following the Mother's
weekend period of custody, the Father shall have custody of the Child from Monday at 2:30 p.m.,
when the Father shall pickup the Child at school through the following Tuesday at 8:30 a.m. when the
Father shall take the Child to school (or until the Mother is off work: if the Child does not have school).
Unless otherwise agreed between the parties, the Father shall ensure that the Child attends school
during his periods of custody. The alternating weekend schedule shall begin with the Mother having
custody on Friday, November 8, 2002.
4. The parties shall share or alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and
Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at
2:00 p.m. In even numbered years, the Mother shall have custody of the Child during
Segment A and the Father shall have custody during Segment B. In odd numbered
years, the Father shall have custody of the Child during Segment A and the Mother shall
have custody during Segment B.
B. THANKSGIVING: The Thanksgiving holiday, period of custody shall run from the
Wednesday before Thanksgiving at 2:30 p.m. through Thanksgiving Day at 6:00 p.m.
The Father shall have custody of the Child on Thanksgiving Day in even numbered
years and the Mother shall have custody in odd numbered years.
C. EASTER: The party who has custody of the Child under the regular alternating
weekend schedule over Easter shall have custody of the Child on Easter Sunday until
1:00 p.m. and the other party shall have custody of the Child on Easter Sunday from
1:00 p.m. until 7:00 p.m.
D. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have
custody of the Child on Mother's Day and the Father shall have custody of the Child on
Father's Day from 8:00 a.m. until 7:00 p.m.
E. REMAINING HOLIDAYS: The parties shall share or alternate having custody of
the Child on New Years, Memorial Day, July 01 and Labor Day as arranged by
agreement.
F. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
5. Each party shall be entitled to have custody of the Child for 1 uninterrupted week (no more
than 7 consecutive days) each year for vacation upon providing at least 30 days advance notice to the
other party. The party providing notice first shall be entitled to preference on his or her selection of
vacation dates.
6. In the event either party intends to remove the Child from the Commonwealth of
Pennsylvania for an overnight period or longer, that party shall provide advance notice to the other
party of the address and telephone number where the Child can be contacted.
7. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
8. This Order is entered pursuant to an agreement of the parties at 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.
J.
cc: Heather L. Paterno, Esquire - Counsel for Father
Charles Rector, Esquire - Counsel for Mother ?O "'0
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JASON S. FAHNESTOCK,
Plaintiff
VS.
BRANDIE N. GIBSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4812 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF
Alissa Nicole Fahnestock October 19, 1999 Mother
2. A Conciliation Conference was held on November 6, 2002, with the following individuals in
attendance: The Father, Jason S. Fahnestock, with his counsel, Heather L. Paterno, Esquire, and the
Mother, Brandie N. Gibson, with her counsel, Charles Rector, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
N av,e. h0? 7 0} Uc)a.. ---oP
Date Dawn S. Sunday, Esquire
Custody Conciliator
Jason S. Fahnestock,
Plaintiff
V.
Brandie N. Gibson,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-4812
IN CUSTODY
CIVIL TERM
PETITION TO MODIFY CUSTODY
1. Petitioner is Jason S. Fahnestock, who resides at 4347 Carlisle Road, Gardners, Cumberland
County, Pennsylvania 17324.
2. Respondent is Brandie N. Gibson, who resides at 213 Plaza Drive, Boiling Springs, Cumberland
County, Pennsylvania 17007.
3. On November 14, 2002, the Honorable Edgar B. Bayley entered a Custody Order attached as
Exhibit "A".
4. Since the entry of said Order, there has been a significant change in circumstances in that:
a) The parties had been practicing an altered custody arrangement prior to January of
2005;
b) Mother's work schedule could afford father with increased visits which are in the child's
best interest; and
c) Father has been receiving no custody since December of 2004 in violation of
the November 14, 2002 Order.
The best interest of the child will be served by the Court modifying said Order.
WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order so that
the best interests of the child is met.
Respectfully submitted,
ROMINGE BAYLEY & WHARE
Date:
Mark F. Bayley, E uire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 87663
Attorney for Petitioner
Jason S. Fahnestock,
Plaintiff
V.
Brandie N. Gibson,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-4812
CIVIL TERM
IN CUSTODY
ATTORNEY VERIFICATION
Mark F. Bayley, Esquire, states that he is the attorney for, Petitioner, Jason S. Fahnestock,
in this action; that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date:
Mark F. Bayley, Esquire
Attorney for Petitioner
JASON S. FAHNESTOM IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 02-4812 CIVIL ACTION LAW
BRANDIE N. GIBSON,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _ 4 day of I)tm44 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Jason S. Fahnestock, and the Mother, Brandie N. Gibson, shall have shared
legal custody of Alissa Nicole Fahnestock, born October 19, 1999. Each parent shall have an equal
right, to be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all decisions regarding her
health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to
all records and information pertaining to the Child including, but not limited to, school and medical
records and information. The parties agree to promptly notify each other of any emergency involving
the Child or any illnesses or other significant developments.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on alternating weekends from
Friday at 2:30 p.m, when the Father shall pickup the Child at school through Monday morning at 8:30
a.m. when the Father shall transport the Child to school. If the Child does not have school on Monday,
the Father shall retain custody until the Mother is off work. During weeks following the Mother's
weekend period of custody, the Father shall have custody of the Child from Monday at 2:30 p.m.,
when the Father shall pickup the Child at school through the following Tuesday at 8:30 a.m. when the
Father shall take the Child to school (or until the Mother is off work if the Child does not have school).
Unless otherwise agreed between the parties, the Father shall ensure that the Child attends school
during his periods of custody. The alternating weekend schedule shall begin with the Mother having
custody on Friday, November 8, 2002.
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4. The parties shall share or alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and
Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at
2:00 p.m. In even numbered years, the Mother shall have custody of the Child during
Segment A and the Father shall have custody during Segment B. In odd numbered
years, the Father shall have custody of the Child during Segment A and the Mother shall
have custody during Segment B.
B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from the
Wednesday before Thanksgiving at 2:30 p.m. through Thanksgiving Day at 6:00 p.m.
The Father shall have custody of the Child on Thanksgiving Day in even numbered
years and the Mother shall have custody in odd numbered years.
C. EASTER: The party who has custody of the Child under the regular alternating
weekend schedule over Easter shall have custody of the Child on Easter Sunday until
1:00 p.m. and the other party shall have custody of the Child on Easter Sunday from
1:00 p.m. until 7:00 p.m.
D. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have
custody of the Child on Mother's Day and the Father shall have custody of the Child on
Father's Day from 8:00 a.m. until 7:00 p.m.
E. REMAINING HOLIDAYS: The parties shall share or alternate having custody of
the Child on New Years, Memorial Day, July 4a' and Labor Day as arranged by
agreement.
F. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
5. Each party shall be entitled to have custody of the Child for I uninterrupted week (no more
than 7 consecutive days) each year for vacation upon providing at least 30 days advance notice to the
other party. The party providing notice first shall be entitled to preference on his or her selection of
vacation dates.
6. In the event either party intends to remove the Child from the Commonwealth of
Pennsylvania for an overnight period or longer, that party shall provide advance notice to the other
party of the address and telephone number where the Child can be contacted.
7. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
8. This Order is entered pursuant to an agreement of the parties at 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.
1.
cc: Heather L. Paterno, Esquire - Counsel for Father p.2.
Charles Rector, Esquire - Counsel for Mother
JASON S. FAHNESTOCK,
Plaintiff
VS.
BRANDIE N. GIBSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4812 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF
Alissa Nicole Fahnestock October 19, 1999
Mother
2. A Conciliation Conference was held on November 6, 2002, with the following individuals in
attendance: The Father, Jason S. Falmestock, with his counsel, Heather L. Paterno, Esquire, and the
Mother, Brandie N. Gibson, with her counsel, Charles Rector, Esquire.
3. The parties agreed to entry of an.Order in the form as attached.
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Date
Dawn S. Sunday, Esquire
Custody Conciliator
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Jason S. Fahnestock,
Plaintiff
V.
Brandie N. Gibson,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-4812
IN CUSTODY
CIVIL TERM
PETITION FOR A FINDING OF CONTEMPT
Petitioner is Jason S. Fahnestock, who resides at 4347 Carlisle Road, Gardners,
Cumberland County, Pennsylvania 17324.
Respondent is Brandie N. Gibson, who resides at 213 Plaza Drive, Boiling Springs,
Cumberland County, Pennsylvania 17007.
On November 14, 2002, the Honorable Edgar B. Bayley entered a Custody Order attached
as Exhibit "A".
Since the entry of said Order, there has been a significant change in circumstances in that:
Respondent has refused to allow Petitioner to exercise his custody rights under the
November 14, 2002 Order since December of 2004 to present and is therefore in
contempt of said Order.
WHEREFORE, Petitioner prays this Court to find Respondent in contempt of its
November 14, 2002 Order and to award attorney fees, back visitation and any other remedy the
Court deems just.
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
Date: ?J
lam/
Mark F. Bayley, Esqu' e
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 87663
Attorney for Petitioner
Jason S. Fahnestock,
Plaintiff
V.
Brandie N. Gibson,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-4812
CIVIL TERM
IN CUSTODY
ATTORNEY VERIFICATION
Mark F. Bayley, Esquire, states that he is the attorney for, Petitioner, Jason S. Fahnestock,
in this action; that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date:
Mark F. Bayley,, Esquire
Attorney for Petitioner
JASON S. FAHNESTOCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 02-4812 CIVIL ACTION LAW
BRANDIE N. GIBSON,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 14 - day of (A II 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Jason S. Fahnestock, and the Mother, Brandie N. Gibson, shall have shared
legal custody of Alissa Nicole Fahnestock, born October 19, 1999. Each parent shall have an equal
right, to be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all decisions regarding her
health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to
all records and information pertaining to the Child including, but not limited to, school and medical
records and information. The parties agree to promptly notify each other of any emergency involving
the Child or any illnesses or other significant developments.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on alternating weekends from
Friday at 2:30 p.m. when the Father shall pickup the Child at school through Monday morning at 8:30
a.m. when the Father shall transport the Child to school. If the Child does not have school on Monday,
the Father shall retain custody until the Mother is off work. During weeks following the Mother's
weekend period of custody, the Father shall have custody of the Child from Monday at 2:30 p.m.,
when the Father shall pickup the Child at school through the following Tuesday at 8:30 a.m. when the
Father shall take the Child to school (or until the Mother is off work if the Child does not have school).
Unless otherwise agreed between the parties, the Father shall ensure that the Child attends school
during his periods of custody. The alternating weekend schedule shall begin with the Mother having
custody on Friday, November 8, 2002. '
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4. The parties shall share or alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and
Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at
2:00 p.m. In even numbered years, the Mother shall have custody of the Child during
Segment A and the Father shall have custody during Segment B. In odd numbered
years, the Father shall have custody of the Child during Segment A and the Mother shall
have custody during Segment B.
B. THANKSGIVING: The Thanksgiving holiday period of custody shall run from the
Wednesday before Thanksgiving at 2:30 p.m. through Thanksgiving Day at 6:00 p.m.
The Father shall have custody of the Child on Thanksgiving Day in even numbered
years and the Mother shall have custody in odd numbered years.
C. EASTER: The party who has custody of the Child under the regular alternating
weekend schedule over Easter shall have custody of the Child on Easter Sunday until
1:00 p.m. and the other party shall have custody of the Child on Easter Sunday from
1:00 p.m. until 7:00 p.m.
D. MOTHER'S DAYIFATHER'S DAY: In every year, the Mother shall have
custody of the Child on Mother's Day and the Father shall have custody of the Child on
Father's Day from 8:00 a.m. until 7:00 p.m.
E. REMAINING HOLIDAYS: The parties shall share or alternate having custody of
the Child on New Years, Memorial Day, July 4`s and Labor Day as arranged by
agreement.
F. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
5. Each party shall be entitled to have custody of the Child for 1 uninterrupted week (no more
than 7 consecutive days) each year for vacation upon providing at least 30 days advance notice to the
other party. The party providing notice first shall be entitled to preference on his or her selection of
vacation dates.
6. In the event either parry intends to remove the Child from the Commonwealth of
Pennsylvania for an overnight period or longer, that party shall provide advance notice to the other
party of the address and telephone number where the Child can be contacted.
7. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
8. This Order is entered pursuant to an agreement of the parties at 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.
J.
cc: Heather L. Patemo, Esquire - Counsel for Father /- is-- p,Z,
Charles Rector, Esquire - Counsel for Mother 'c°ff"1d
JASON S. FAHNESTOCK,
Plaintiff
VS.
BRANDIE N. GIBSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4812 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CML
PROCEDURE 1915.3-8, the 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF
Alissa Nicole Fahnestock October 19, 1999 Mother
2. A Conciliation Conference was held on November 6, 2002, with the following individuals in
attendance: The Father, Jason S. Fahnestock, with his counsel, Heather L. Paterno, Esquire, and the
Mother, Brandie N. Gibson, with her counsel, Charles Rector, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator
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JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 02-4812 CIVIL ACTION LAW
BRANDIE N. GIBSON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Thursday, May 26, 2005 , upon consideration of the attached Complaint,
it is hereby, directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
,it 39 West Main Street Mechanicsburg, PA 17055 on Tuesday, June 28, 2005 _ at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By; /s/ Dawn S. Sunday 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 otu' office. All a angements
most be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 02-4812 CIVIL ACTION LAW
BRANDIE N. GIBSON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, __ Thursday, May 26, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, June 28, 2005 at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
ifthis 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: lsl _ Dawn S. SundayL__„_
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office, All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE, OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
"7 ???2 C.
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JASON S. FAHNESTOCK, IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 02-4812 CIVIL TERM
BRANDIE N. GIBSON CIVIL ACTION -LAW
Defendant/Respondent IN CUSTODY
NOTICE TO PLEAD
To: Jason S. Fahnestock
c/o Mark F. Bayley, Esquire
155 S. Hanover Street
Carlisle, PA 17013
You are hereby notified to file a written response to the enclosed Defendant's
Answer and New Matter to Plaintiff's Petition for Contempt within twenty (20)
days from service hereof or a judgment maybe entered against you.
BY:
1104 Femwodd Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Defendant
i
Date: UJ
JASON S. FAHNESTOCK,
Plaintiff/Petitioner
V.
BRANDIE N. GIBSON
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4812 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
DEFENDANT'S ANSWER WITH COUNTERCLAIM
TO PETITION FOR FINDING OF CONTEMPT
AND NOW, comes the Defendant/Respondent, Brandie N. Gibson, by and
through her attorney, Charles Rector, Esquire, who respectfully represents the following
as her Answer and Counterclaim to the Petition for Contempt:
Admitted.
2. Admitted.
3. Admitted. As a result of Father's work schedule, the parties agreed, on
August 27, 2004, to substitute Sunday evening through Tuesday morning as Father's
weekend time (See Exhibit "A" attached).
4. Admitted in part and denied in part. It is admitted that Respondent has
refused to allow Petitioner to exercise his custody rights under the November 14, 2002,
Order since approximately December 2004 to the present. It is denied that said behavior
is contemptuous inasmuch as the Petitioner agreed to a temporary suspension of his rights
to temporary physical custody pending disposition of his criminal charges and his
attendance at drug rehabilitation. By way of further answer, Respondent has at all times
made the child available for visitation with her father, both at Respondent's home and at
the home of the paternal grandmother, all of which occurred without objection from
Petitioner.
WHEREFORE, Defendant/Respondent, Brandie N. Gibson, respectfully requests
that your Honorable Court deny the Petition for Contempt.
Counterclaim for Contempt
Defendant's previous answers to Plaintiff's Petition for Contempt are
incorporated herein by reference as if set forth in full
6. Paragraph 3 of the Order of Court dated November 14, 2002, reads in
pertinent part that: "...Father shall ensure that the child attends school during his periods
of custody."
7. On numerous occasions and in violation of the Order of Custody, Plaintiff
failed and refused to transport the minor child to her school, Cherub Montessori Center in
Boiling Springs, on his days of temporary physical custody during the Fall 2004 term
(See Exhibit "B" attached).
8. in violation of Paragraph 7 of the Order of Court of November 14, 2002,
Plaintiff has permitted his paramour to disparage Defendant in the presence of the child
on numerous occasions and Plaintiff has failed to "ensure that third parties having contact
with the child comply with this provision."
WHEREFORE, Defendant respectfully requests your Honorable Court to find
Plaintiff in contempt of its Order of November 14, 2002, and to award Defendant
attorneys fees and for such other relief as the Court deems just and appropriate.
1104 Femwobd Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Defendant
Date:
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
D
Brandie N. Gibso
Date: J
CERTIFICATE OF SERVICE
I, Charles Rector, Esquire, do hereby certify that on the 07 day of June
2005, I caused a true and correct copy of the within Defendant's Answer with
Counterclaim to Plaintiff's Petition for Contempt to be served upon the following counsel
of record by depositing same in first class, United States mail, postage paid, in Camp
Hill, Pennsylvania:
Mark F. Bayley, Esquire
155 S. Hanover Street
Carlisle, PA 17013
By: bxao, I
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Date:
August 27, 2004
This memo is to change Jason S Fahnestock's and Brandie N Gibson's custody agreement
regarding Alissa N Fahnestock.
As of today's date Jason will have custody of Alissa starting Sunday after attending McBIC
through Tuesday afternoon every week.
Jason will make sure that Alissa attends school Monday and Tuesday each for a minimum of
loam to 4pm, unless other wise specified by the school.
Jason will also retain custody of Alissa from morning to afternoon on any days throughout the
week that she does not have school, and the mother, Brandie, either has school or work. If Alissi
has off of school for more than two consecutive days Jason must provide two days which Alissa
will stay with her grandmother, Sandra Gibson for one and Jason's grandmother, Idella Hench
for the other.
Upon signing this memo both parties agree to amend the original custody agreement and follow
this arrangement unless other wise agreed by both parties.
Jason S Fahnestock
Brandie N Gibson
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Cherub Montessori Center
323 West First Street
Boiling Springs, PA 17007
717-249-4540
June 2, 2005
To: Whom It May Concern
From: Elizabeth Griffin
Owner/Administrator
Cherub Montessori Center
Subject: Jason Fahnestock
Attendance/Monetary Commitment Regarding Alissa Fahnestock
Alissa Fahnestock's start date at Cherub was September 13, 2004. Her parents, Brandi N.
Gibson and Jason S. Fahnestock both signed and agreed to all terms and conditions of
Cherub Montessori Center. They contracted to share equal responsibility for the weekly
tuition of $92.50. Each parent was to remit $46.25.
On Mondays, Mr. Fahnestock was in charge of Alissa's attendance at Cherub. To my
knowledge this did not occur. Every Monday, Brandi Gibson, Alissa's mother, would
contact our center inquiring if her daughter was present. Unfortunately, we would have
to report that she was not.
It is compulsory that parents of the children attending Cherub accompany their
child/children into our facility and sign them in. Nearly every Tuesday Mr. Fahnestock
would drop off Alissa in the parking lot without escorting her into our establishment.
This is mandatory not only for the protection of a child, but, also, for security reasons.
Three times, he entered Cherub as required.
In addition, Jason S. F estock did not fulfill his financial responsibility to Cherub
VElibeth ri Ce er.
Griffin
Owner/Administrator
Cherub Montessori Center
Attachments
CHERUB W CENTER
I'llis it:;lee111Cnt is to run ConCUlrCnON' with all provisions established by
CCIS-Cumberland/Ycrr) Child Care Network per subsidized child car(2
cIII;ibilit)rulCS and rc(ulattoits. Wcekly Ice amount of S92.50 represents the
ddicrcucc bctwccn subsidized portion and actual wcckk, rate of Clwmi)
chill-cs. This at,rcemeut is subject to change Ile)- the subsidized amount that
(CIS determines UN cr) six months.
All of the terms established (IN, Clicrub's curollmernt process will apply'.
boll) parents of the child hero; Bran(li N. Gibson and Jason S. Fahncstock
bare a'recd to all terms and conditions ol'this agreement. 'I'hev share equal
respousibitity li)r the lccekiv fec of ti!)2.;)O. This amount inctudes the co-pay
A' N20.00, and is duc each \ioudar. I.acb is parent is accountable for •' 1.6.`? -)
pcr wcck totaling, 592.50, and an} chiu);;cs cstabiishcct br ('berm) 1,01 (CIS
pcrtainin; to the care of their dau l)tcr.
13iandi A. Gibson:-
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Ober ub Center
23 West First Street
Doling Springs. PA 17007
January 4, 2005
Jason Fahnestock
4347 Carlisle Road
Gardners, PA 17324
Mr. Fahnestock:
Allow this to be notification and demand of an outstanding balance of $176.75 for
the care and education provided for your daughter, Alissa.
This assessment represents your share of tuition at $46.25 per week less an $8.25
overpayment. Remittance is past due for the following weeks:
November 22
November 29
December 6
December 13
A copy of the Financial Agreement you signed on September 20, 2004 is
included.
In order for Alissa to remain at Cherub, Brandie N. Gibson, Alissa's mother, was
required to sign a new agreement taking affect the week beginning December 20, 2004.
If the full balance of $176.75 is not received on or before January 14, 2005, this
matter will result in a Civil Suite being filed with the local magistrate resulting in
additional charges being added to present balance.
Robert J. Griffin
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JASON S. FAHNESTOCK,
Plaintiff/Petitioner
V.
BRANDIE N. GIBSON
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4812 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
DEFENDANT'S ANSWER
TO PETITION TO MODIFY CUSTODY
AND NOW, comes the Defendant/Respondent, Brandie N. Gibson, by and
through her attorney, Charles Rector, Esquire, who respectfully represents the following
as her Answer to the Petition to Modify Custody:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part.
(a) It is admitted that the parties have voluntarily altered their custody
arrangement since December 2004. It is denied that said altered arrangement constitutes
a significant change in circumstances and proof thereof is demanded and the same are
deemed denied.
(b) Denied. It is denied that Mother's work schedule is such that increased
periods of visits with Father are feasible and proof thereof is demanded.
(c) Denied. It is denied that Father has received no custody since December
2004 in violation of the Order of Court and proof thereof is demanded and the same is
deemed denied. By way of further answer, Father voluntarily suspended the Order as a
result of the criminal charges faced by him and his drug rehabilitation at Gaudenzia and
has seen the child on several occasions.
5. Denied. It is denied that the best interest and permanent welfare of the
minor child will be served by modifying the current Order of Custody and proof thereof
is demanded and the same are deemed denied. To the extent that any further answer is
required, Father's schedule of temporary physical custody should resume subject to the
following conditions:
a. affirmative proof of drug testing on an interim basis;
b. confirmation of his attendance/completion of treatment at Gaudenzia Drug
Rehabilitation Center;
C. confirmation that the minor child will not be in the presence of his
paramour, but rather will be in his temporary physical custody at the
residence indicated on his Petition to Modify Custody;
d. confirmation that the minor child will be permitted, at any time, to use the
telephone to contact her mother;
e. confirmation that the whereabouts of the child will at all times made
available to Mother on a reasonable basis; and
confirmation from Petitioner that he has a current, valid Pennsylvania
Driver's License.
WHEREFORE, Defendant/Respondent prays that your Honorable Court deny
Petitioner's request for a modification of custody and grant her request that additional
conditions be imposed upon Petitioner to facilitate the current Custody Order.
1104 Femwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Date: l Attorney for Respondent
Respectful-ly bmiL les Recto , Es uire
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Brandie Gilson
Date:
CERTIFICATE OF SERVICE
I, Charles Rector, Esquire, do hereby certify that on the ?C day of June
2005, I caused a true and correct copy of the within Defendant's Answer to Plaintiff's
Petition to Modify Custody to be served upon the following counsel of record by
depositing same in first class, United States mail, postage paid, in Camp Hill,
Pennsylvania:
Mark F. Bayley, Esquire
155 S. Hanover Street
Carlisle, PA 17013
By: ry'1?1?i16iJ
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Date: 2
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Jason S. Fahnestock,
Plaintiff
V.
Brandie N. Gibson,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-4812
IN CUSTODY
CIVIL TERM
PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM FOR CONTEMPT
AND NOW, comes Plaintiff, Jason Fahnestock, by and through his attorney, Mark F.
Bayley, Esquire, and Answers Defendant's Counterclaim for Contempt as follows:
5. No response necessary.
6. Admitted.
7. Admitted in part and denied in part. Plaintiff admits that the child missed pre-school on
some occasions due to events which made it impossible or unrealistic to transport her to
Cherub Montessori Center. It is denied that Plaintiff is "failing" and/or "refusing" to
transport the child to school.
8. Denied.
WHEREFORE, Plaintiff respects requests the Court to find Defendant in contempt of its
Order of November 14, 2002, and to dismiss Defendant's Counterclaim for Contempt and to
award Plaintiff attorney fees and other relief as the Court deems appropriate
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
Date: - ? ?? S,
Mark F. Bayley, Esquire-"'
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 87663
Attorney for Plaintiff
Jason S. Fahnestock,
Plaintiff
V.
Brandie N. Gibson,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-4812
CIVIL TERM
IN CUSTODY
ATTORNEY VERIFICATION
Mark F. Bayley, Esquire, states that he is the attorney for, Petitioner, Jason S. Fahnestock,
in this action; that he makes this affidavit as attorney because he has sufficient knowledge or
information and belief, based upon his investigation of the matters averred or denied in the
foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S.
Pa.C.S. §4904, relating to unworn falsification to authorities.
Dater
Mazk F. Bayley, Esq ire
Attorney for Plaintiff
Jason S. Fahnestock,
Plaintiff
V.
Brandie N. Gibson,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 02-4812
CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a
copy of the within Motion upon the following by depositing same in the United States mail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Charles A. Rector, Esquire
Suite 203
1104 Femwood Ave.
Camp Hill, PA 17011
Dated: l ?v
V--A -
Mark F. Bayley, Esquire
Attorney for Plaintiff
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.RECEIVED AUG 0 3 2005
JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 02-4812 CIVIL ACTION LAW
BRANDIE N. GIBSON
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 4- day of b 0 1. fi , 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated November 14, 2002 is vacated and replaced with this
Order.
2. The Father, Jason S. Fahnestock, and the Mother, Brandie N. Gibson, shall have shared legal
custody of Alissa Nicole Fahnestock, born October 19, 1999. Each parent shall have an equal right, to
be exercised jointly with the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions regarding her health, education
and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, school and medical records and
information. The parties agree to promptly notify each other of any emergency involving the Child or
any illnesses or other significant developments.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child on alternating weekends on
Friday from 3:30 p.m. until 7:30 p.m., on Saturday from 9:00 a.m. until 7:30 p.m., and on Sunday from
1:30 p.m. through 6:00 p.m. In addition, the Father shall have custody of the Child every week on
Tuesday and Thursday from 3:30 p.m. until 6:00 p.m. On school days, the Father shall pick up the
Child directly from school and on Sundays the Father shall pick up the Child at church.
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5. The parties shall share or alternate having custody of the Child on holidays as follows:
A. Christmas: In even numbered years, the Mother shall have custody of the Child for
the holiday from Christmas Eve at 8:00 a.m. through Christmas Day at 8:00 p.m. In
the event the Mother is traveling out of the area over the holiday, the parties shall
adjust the period of holiday custody to accommodate the Mother's travel plans. In
even numbered years, the Father shall have a period of custody from 8:00 a.m. until
8:00 p.m. on a day during the Christmas holiday break from school. During odd
numbered years, the Father shall have custody of the Child for the holiday on
Christmas Eve from 8:00 a.m. until 8:00 p.m. and on Christmas Day from 8:00 a.m.
until 8:00 p.m.
B. Thanksgiving: The Thanksgiving holiday period of custody shall run from 8:00 a.m.
until 8:00 p.m. on the holiday. The Father shall have custody of the Child on
Thanksgiving in even numbered years and the Mother shall have custody in odd
numbered years.
C. Easter: The party who has custody of the Child under the regular alternating
weekend schedule over Easter shall have custody of the Child on Easter Sunday
until 1:00 p.m. and the other party shall have custody of the Child on Easter Sunday
from 1:00 p.m. until 7:00 p.m.
D. Mother's Day/Father's Day: In every year, the Mother shall have custody of the
Child on Mother's Day and the Father shall have custody of the Child on Father's
Day from 8:00 a.m. until 7:00 p.m.
E. Remaining Holidays: The parties shall share or alternate having custody of the Child
on New Years, Memorial Day, July 4t', and Labor Day as arranged by agreement.
F. The holiday custody schedule shall superede and take precedence over the regular
custody schedule.
6. Each party shall be entitled to have custody of the Child for one week (no more than seven
consecutive days) each year for vacation upon providing at least 30 days advance notice to the other
party. The Mother's period of custody under this provision shall run continuously. The Father's
period of custody for the full week shall run from 8:00 a.m. until 8:00 p.m. each day. The party
providing notice first shall be entitled to preference on his or her selection of vacation dates.
7. Unless otherwise agreed between the parties, the party receiving custody shall be responsible
to provide transportation for the exchange of custody.
8. Within ten days of the date of this Order, the Father shall provide to the Mother, through
counsel, certification of completion of the Gaudenzia Rehabilitation Program.
9. The Father shall undergo drug testing as requested by the Mother within 90 days of the date
of this Order. The Mother shall notify the Father of her request for testing through counsel and the
Father shall complete the testing within seven days of the Mother's notification. The Mother shall
select the testing facility and shall be responsible to pay all costs of the drug testing. In the event of a
positive drug test result, the partial custody schedule set forth in this Order shall be automatically
suspended and counsel for either party may contact the conciliator to schedule an additional custody
conciliation conference to review the custodial arrangements.
10. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
11. This Order is entered pursuant to an agreement of the parties at 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.
cc? James I. Nelson, Esquire - Counsel for Father
faharles A. Rector, Esquire - Counsel for Mother
0
BY THE COURT,
JASON S. FAHNESTOCK
Plaintiff
vs.
BRANDIE N. GIBSON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4812 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF
Alissa Nicole Fahnestock October 19, 1999
Mother
2. A conciliation conference was held on August 1, 2005, with the following individuals in
attendance: The Father, Jason S. Fahnestock, with his counsel, James L Nelson, Esquire, and the
Mother, Brandie N. Gibson, with her counsel, Charles Rector, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
AVRuo a, coos ?,...
Date Dawn S. Sunday, Esquire
Custody Conciliator
JASON S. FAHNESTOCK
Plaintiff
V.
BRANDIE N. GIBSON
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
02-4812 CIVIL ACTION - LAW
IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW comes the Jason S. Fahnestock (hereafter "Father") by and through
his attorney, Mark F. Bayley, and in support of the within petition avers as follows:
1. The Honorable J. Wesley Oler was previously assigned to this matter.
2. A prior order was entered by agreement on August 4, 2005. (A copy is
attached hereto as "Exhibit A") with regard to Alissa Fahnestock, now eight years of age
(date of birth: October 19, 1999).
3. Said order provides Defendant (hereafter "Mother") primary physical
custody and provides Father partial physical custody on alternating weekends as well as
every Tuesday and Thursday evening, among other times.
4. Father currently resides at 4347 Carlisle Road, Gardners; until recently
Mother resided at 97 Bobcat Road, Carlisle, with her parents, Neil and Sandra Gibson
(hereafter "Maternal Grandparents").
5. Maternal Grandparents are retired and have provided a large portion of the
child's supervision during Mother's periods of physical custody; until recently, Mother
was a student enrolled at Shippensburg University.
6. The child has formed a strong bond with Father, Maternal Grandparents,
staff and friends at Mount Rock Elementary School, and the local area in general; Father
and Maternal Grandparents believe the current court order provides an ideal situation for
the child at the present time.
7. On May 21, 2008 Mother, without notice to Father or Maternal
Grandparents, relocated with the child to Virginia Beach, Virginia; in doing so, Mother
removed the child from school prior to her completion of the second grade which would
have been June 6, 2008.
8. Father believes Mother is staying with a friend at 909 Lagrange Bend,
Virginia Beach, VA, 23454 with a telephone number of (757) 450-8507.
9. Mother has no intention of abiding by the current order at this time.
10. Mother has a history of mental health issues and has been prescribed
medication for treatment of Bi-polar Disorder; Father and Maternal Grandparents fear
that Mother has not been taking her medications which has played a part in her recent
actions.
11. Father's parents (hereafter "Paternal Grandparents") were able to obtain
the child from Mother at the above address in Virginia on May 23, 2008 for a pre-
arranged trip to Disneyland in Florida.
12. Paternal Grandparents, also concerned with the current situation, plan to
return the child to Father and Maternal Grandparents at the conclusion of the trip on June
1, 2008.
13. Father wishes to resume the arrangement pursuant to the August 4, 2005
order and suspects that Mother will simply return and again abscond with the child.
14. Father is filing a petition for contempt along with the within petition.
15. Charles A. Rector, Esquire, previously represented Mother with regard to
the within docketed matter; undersigned counsel will attempt to serve the within petition
on Mother directly and a courtesy copy is being sent to Attorney Rector should he opt to
ratify his 2005 entry of appearance.
16. Father requests that the order of August 4, 2005 be modified so that
Maternal Grandparents assume Mother's periods of physical custody provided for in the
August 4, 2005 order until a hearing can be held.
WHEREFORE, Father respectfully requests the Court to modify the prior order in
that Maternal Grandparents temporarily assume Mother's periods of physical custody
provided for in the August 4, 2005 order.
Respectfully submitted,
BAYLEY & MANGAN
Mark F. Bayley, Es - e
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court I.D.#87663
JASON S. FAHNESTOCK
Plaintiff
VS.
BRANDIE N. GIBSON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4812 CIVIL ACTION LAW
IN CUSTODY
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
son S. Fahnestock, Plaintiff
Page 1 of 1
RECEIVED AUS 0 3 =1^ -
JASON S. FABNESTOCK IN THE COLMT OF COMMON PLEAS OF
plaintiff' C:L94BERL.AM COUNTY, PEMSYi:V'ANIA
vs• 02-4912 CM ACTION LAW
BRANDIE N. GIG SON
Defsndam 04 C[JSTODY
QWERQZCQ
AND NOW, this day of A .x, 3.*, ? . 2W3, lion
oaicAid t m.. d the attadiod CW$Ddy Concifiatim R goz!tt, it ' edcrW aa<ad clti =*A w fb1lom-.
I, The prier Cdr of Ws carat data! Wovembor 14,2M2 is vacated, and mpiaced with"
order.
2- The Fathar, low S. Fah „ ad to Mgthw, Arandio N. t"st'bssrn, small have sb ct Icgal
cud* of Ahl" Nacole FAlinestael, bm October 19, IM. Etch jxmt shalt have an equal right, to
be omcise dlit ifi".y with the otbapovA to nuk-a au meat ?tq?p-?t,rcg?scy r ieiu><?s dimin the
Child's ge ral wellabeing iwli<utlitttg, but cat limited to. all dbcisiom mgwftg liar healk edwAgan
and re igiom PwxL=d to the *Ws of" panvmh each poomt shall be entified to all recora and
fidxmation paiairaing to the Chi .ld incl uhn& but not limited to. schuiol a la d mvdiad mmcdg and
infomlxboat, The pasties agm to pmmpdy m* ewh othcr of any ==Vmcy mvoly mg itte Child or
may illnesses or ether sigdfliaasii dopeklmmu.
3; The !other small have pfimmmy physical custody eftlic Child.
4, The Father shall Mauve part at phy" custody of the Cad on almmastist weekends on
Friday >btam 3:30 pm. uatill 9:M pin., on Satosday kom 9:00 a.m. until 730 p.m. crud on Sudsy R
1.:30 p.m, tiimglt bap pm Cn addition, the Father shall have custody of#ie Child every week on
Tuesday and TlawWay fivm .3:34 p tv, until 6:00 pan. On. sdKxd days, the Sat m shall pick up The
Gild dux dy bon school and an Sys the Fatllter shall pick up the Gild at chumb,
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Page 1 of 1
S. TU Pat" Shall am* Or altr.rrurte having custody ofthe Guild, on hdtilidays as fbflows:
A, OMIIMM Ire em numbered yasrA the Modw shall haves cutody of the CWd for
the 6oUday fmoama Quisum Eve at S; W $,M- tha+au& Ch r* mu Doy- at 8.:00 psm in
the event the 11,dot w is traveling out of *0 wea over the day, the panties Shell
adjust the period ofh*14 y M" W M an od ge the mothees travel pleats. in
eV= amobered years, the lamer aha11 hM tt pdxW OfeuMody from 8:410 am. until
M. PAL On a day dui% the Oxiatndm holiday b=k ilM wbwl. Dtttittg os#d
numbered YOM the Febw"hM damandy oftinu: C hW for the holiday an
Chrismas Bvs fim 9-*UO;Lm. WO 8:00 p.m, and on Christmas Day f 8:00 a.str.
MW 8:00 p.rn.
B. 7U Tl=k#givws holiday period of
t>aar`l 8:00 l on the ? Sltaiil ruts finun t4:00 uxn,
day Mw PAM shall. have emtady of the Child on
h? in evert numbered y can and the l? Stull IMM cusWy in odd
C. UM: The party Who has cmaody orthc Child under the replan a ww i%
setuedule O"w Lx dw Shall custody of the Child on F:t suaday
ttnW 1:00 P rut.;tared the other 919 have auStody of the Child on Easter SwWay
&aan 1:410 p sn. until 7;00 p.m,
D- lbia"w:12yl?,?it, g nom .
----. Ia every you, the ldfcsther stal1 hra: atagody dlfthe
Child on Mct'Ps Day and the Pmher Shad hwe custtady afthe CW an Fat ices
MY fins 8:4141 a-M =617:001xin,
E. RM &AntlHWidm: 'flee pies shalt sham or slQMte h.,*g cMatody of dw Child
on New YeOM A4000rial Day, July 0- ;tad Labor DRY as MMUO bar ag nt.
R 'lines holiday cuslOdy ackedule shall sW84and take proc,adme ce theacgdtlar
Wy schodu
6. March. party shall be =*Wto have c"t;odY of the Child f*r ow we& ( naarc the seva?
d:onseusative dltt ) dh YOU for vacation upon pttaviding at least 30 &yo ad,"= notice to am odd
parry The tu[otlder's 1 Owd of d:uslody under this provision shall run ooWwoualy. n x b'ather's
period Offtstody for the *11 wook shall run from. 8.00 aja. until $:00 P-0. each, day. TIu piny
pvV g notice lint shall be cad" to Wince on his or her selection of VwAtwo. dames.
7 Unless otherwise agreed beta= the.parum the Fly receiving Andy s1na11 be raspandW
to pa"owde tnn tati rt for the, Mdu mge tnf c ustody,
8•'VV`ilitita. beat days of the date ofthis Ostler, the father ah;11 lrovigie to the Motlw tfaodt?r
000"L t>astifrdsttinn Of?on Ofthe Gaudewla R"il itation Pmngga ,
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Page 1 of 1
9. The Few shall' g Wigg as "qwsW by the Mother within 90 days ofthe date
ofdds Order. 'tU M a&w shall no* Is FMhw of her reelueax hr toting ttrrougb *ow l and the
Father.shall ee mplete tha testing within seven days of the Motheet notifieatioa. The Mother shalt
select the testing qty and shall be regxwutWc to pay all carts of the drug to ag„ the the qpvortt of a
p
sm"ohd oviti'e &W test result, the partial custody scha kd a set forth in this tatter stWI be saontadoally
eaLd counsel for CidW party MIW cantsict *e correr"tiator to sahedale fist adeiltlWW earstody
concifladon conibrowe to zeviiew urea vjOWW. amingmmu..
10 Neither party stall do or ashy wyftg which any Nump the Child from the odw
C.il b? of ft Child ss to the other psseat, or berxrpesr the ftw stud tiral demlopnmun of the
with ?? ?t *t thetderp snwt• : Soft parties shalt egret that tltird.p :hwoing cexitact
cc" wttb this prevision,
11. Theis Order is at""d pesrsuarrt to are agEe t at ft paurtics at a Otstody concaliati(M
confirme. The patio spay MadWy tha pxMiSioza of ft Order by tttVQ 04ae t:.b the alp of
iiSltMA Consent, the term OtQns OW" mall 00=01.
BY THE COURT,
c% J" L Ndsa n, Esquire _ OxxkW.€or Father
t,, 1es A. R w, Engnire - Counsel ror)40ther
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JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. :
02-4812 CIVIL ACTION - LAW
BRANDIE N. GIBSON
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Plaintiff, do hereby certify that I this day
served a copy of the foregoing document upon the following by depositing same in the
United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Brandie Gibson
909 Lagrange Bend
Virginia Beach, VA 23454
Charles A. Rector, Esquire
1104 Fernwood Avenue, Suite 203
Camp Hill, PA 17011
Mark F. Bayley, Esquir
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JASON S. FAHNESTOCK
Plaintiff
VS.
BRANDIE N. GIBSON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 02-4812 CIVIL ACTION LAW
IN CUSTODY
PETITION FOR CIVEL CONTEMPT FOR DISOBEDIANCE OF A CUSTODY ORDER
The petition of Jason S. Fahnestock (hereafter "Father"), by and through his attorney,
Mark F. Bayley, Esquire, respectfully represents:
1. On August 4, 2005, the Honorable J. Wesley Oler, Jr., entered an order granting
Father, among other things, partial physical custody on alternating weekends and certain weekly
evenings of minor child, Alissa N. Fahnestock, born October 19, 1999. (A copy of said Order is
attached hereto as "Exhibit A").
2. Defendant has willfully failed to abide by the order in that on or around May 21,
2008 she relocated with the minor child from Carlisle to Virginia Beach, Virginia, with no
intentions of returning.
WHEREFORE, Father requests that Defendant be found in contempt of the August 4,
2005 order and that the Court award Father attorney fees, restitution, make-up periods of
physical custody and any other relief the Court deems just, and that if Defendant continues to
disregard the Court, that she be incarcerated in Cumberland County Prison until she decides to
comply.
27-a
Date:
Respectfully submitted,
BAYLEY & MANGAN
k F. Bayley, Esquire"'
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court ID # 87663
JASON S. FAHNESTOCK
Plaintiff
VS.
BRANDIE N. GIBSON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4812 CIVIL ACTION LAW
IN CUSTODY
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unworn falsification to authorities.
S. Fahnestock, Plaintiff
Page 1 of 1
YRECEIVED AUD 0 S 2MS
;ASl?N& F.4PNMOC K
Phintiiff
va.
X113 N. GMS(W
Defimdait
IN THE t;171[JptT OF FO1w11M PLUS CF
C UMURt.AM C:t3[]MY. PEMSYI.-V'ANTA
024n2 CNIL iMON LAW
W' CUSTWY
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MD NOW, th;s day of ? >jJ*r-+.? .200 epn
arx?d?li?D.t? ?$ ntlaol?d t ? a? it ' ide+md and ? Jollonpa:
z. TLo prior Ockr ofd& Gaud da l Wo 14. 2= is vacatad. and Mdmxdwiih
Ordw.
2. Tha Voll T. Xww S. FnbnwWd , send M90m; DramfioN. C b A WI hm shad IVO
? afi9di?t. Nu?r1v J?'ahx?+od? 1 tkt?e'r t. p+ I9'9p. l yet ei?tl hscve au ?. ??, ?
be+mcarcbmijaWy with the dharpua? to a all m v* 4wxpoaydwb!ozw dWas tw
C M's pacol wdMwir,$ iaolwd m& but not limkpd, to, 90 *msipw mpnft hw heW94 ocAi(m
aio?t ?o1J?uon,. Jnt +? d?+ t+e?s oC'dda psh ?ciriprt stroll ? ? ? ? r?taxr?, and
wim awn pwaift to tie C WJd mdu ha& J =c Umitad ww wJwd and mc"mm& md
7 he apse P?J h s?cr cf aY lxrrai t frzid c
MAMMAIM
a?7 Illnassas err sthsr giant de?lnp?,
A 7hs FmMw dWbm pasdal pkydml custody of the Md oar wenlrie h cc
Fddiay fmm 33p pm. ma 7.30 PJL.On SAANXIV tlM aML MM 734 part,. wd on Sumby Bertha
L:W p m. #'W p m. I'n additiim tbt F shall ]lane *f9w Child enq week on
" dud MMwWayj m3.3aDp.m uadl Ik00 pm OuwIoW d due Phffiat Amtl pkk apihe
CWd 4km* Am Mod trend um Suss dw J adw piek up do Child it dkndL
I'11'fr?•//r.+rnrrl? nnr<o no+/«.01.1..7. ...,1.1:../T?..........T:..-?--• -----^-- -<. n ?,?. ? .. .- -•- - - -
Page 1 of 1
I Tlwpa du "absoor albasu*b Lwiagcustody cifOm .d ortbAftys u thltot I:
A. Chdam In was mumbewd ye=4 elan Mpt m shall hsnraa cwAody ofIl r Chi the
dwhatU&y faom C himm Kws at 8:00 a,m. 4wougk Chdibm DAyat SAO pan. In
dw eareaat (hmladatfaar p t ltd matt oftlwr enaaa overtl(sbo , tbsp(ttd tl(he11
at guatthe *W ofholidtty mto4y to u mmodde tha3 iwirttb es imm plans. as
O ttmmmibind ya&4 doFather"hm spout cf*ud Wf mt&0Q aim amW
M paw an a dayd uft dw C WistmmhclUW brm k S+mwbool. Doft add
natnbmd ym, am Fa thmr abell hm <msbdy d9w Md ibr ft boik*an
Cyui" Eft fi m &- up a.m. uW1 8..0 p ft6 aaad on L'larlsim twy* aq 8.00 aim
as &00 V.ML
B. 7UTIhi?Vi 4 h ida padod ofeumc dya d to ftraat *W a m.
8:oa psn. oua the holiday. Thep dtar aahsithm cnatodyaafft churl on
1'?n?apdn a as curt mtteroa yca= and tb*U0dwr dvM bay cud tyro odd
m imma)"m
C. ' . The party vim Ims mtndy axf ft Child mulcr dw vpW ceding
tvaazkmdtta3xdWmovwBwiarebaallh c=WyofAmCadcnEemq(mr swxby
Woad! l:Ob pug, Ud for udwpaat r ahed< l au ody of dw Child err Eat Sttaadaty
&am 1.00 PAL Unfit 7:00 P;m.
lh t1a xd'°o<'s£?hvclno(ryy,kl?ootlaerralmaxect:mdy*oftlu
MUnay Itotha e# ad that p`admr dmO hm cvMdy *tt w €hild. 09 FW+a r-
Doty km W a.m tar O 7.00 pm.
amai New Ya1CS, lydataruuia Day, July Ala. ad Labor Day as wuVd t
r ? ymt? sLai1 aup? t pimam *cm r
?y
6. i , gsatyalarm. bs =IbWtb ltavo dnsjty oftb MW far om weak ( * a>a m than wvm
c oammtbm dam vein y*& ibr vuw= vj= l at c* 30 aym advaaWnwa to MOO&W
paeq . Tlur 1diDti 4c,A pO Od oP y aadw ads provision almli. ma condauaaaaay. The fit;
panted tt=MdyrfarOw 611*V*60 nmt stn 8:00 *.m, amii 2:00 pan. cub by. TImpatty
pc ovidi S tomtlam bd "to m*Mto llama are his w1waaburm atmadod daw.
7: Unloma ? aSa+oea tlaKtpatz tics,, tiaa peaty raoatfvdagaeaastody sbatl ba aresp?a®ai?alaa
lapaovlda ??aiitr&asaaa?saapaofaaustcdy.
L V" kn days at & dote otitis opdor, dw Sher t? ptlca Vc to the a ati tT mo
coeadfml, outificadan a toomodua of tine Csrt(dwWs Rte pnagmt.
Page 1 of 1
9. The Faehw sW WvWdrug t"ft u tie bytbc l btber within 9O &p ot"tbe dde
of*b Gz dw 't'bo Motu r that! no*&e Pkhw cf 6er ngmu fiw tstm t omA ocuuM and the
l?tra?atteoaaplerfat6atesti?$witidutae+rsadaysofthe>tr'a? 1irel?otftpod?afl
alad die uAfthdSty tnd 4 4 be taqou"to pay ttli rests *fd vdmg tesdn& rn the avert otr a
podt3vss+dmgtw onk &s partial cudc dy ach,a" set fiA to thi s " ba automatically
t lQ MA 060MI b r d 9W Fgy MOW i36UMC tiro ce=litmr au schednie an sadong ataitccfy
cmWMItdm comae Sao t+a iew the w=dW Amgoa ub.
10, NOWWpsrty AA do or mw uraft whist my eat me child fi = tbG u&WvW4A
dMdfgm C Md. sa to dW Glue parW, Or hffWff dW AM aid ttaAl dAADP= t V(dW
Child% love and maapat *r tboodurparoet. BD pudm 64 a that t "patft haft oonhd
11. M& 0mW is tetwed paw ta = agtm%tm of to patt ka at a custody mooocWa im
canfaa+ mm 7hopadlip7gClaya tbopwvbiowofihisterby ual lathe Df
umto d mmlk%fa unu ojf t Iflx4wdiau tel.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-4812 CIVIL ACTION LAW
IN CUSTODY
CERTIFICATE OF SERVICE
I, Mark F. Bayley, Esquire, attorney for Petitoner/Plaintiff do hereby certify that I this
JASON S. FAHNESTOCK
Plaintiff
vs.
BRANDIE N. GIBSON
Defendant
day served a copy of the foregoing document upon the following by depositing same in the
United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Brandie N. Gibson
909 Langrange Bend
Virginia Beach, VA 23454
Charles A. Rector, Esquire
1104 Fernwood Avenue, Suite 203
Camp Hill, PA 17011
?0
Mark F. Bayley, Esquire
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JASON S. FAHNESTOCK,
Plaintiff
V.
BRANDIE N. GIBSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4812 CIVIL TERM
ORDER OF COURT
AND NOW, this 3Wh day of May, 2008, upon consideration of Plaintiffs Petition
for Special Relief, this matter is referred to the custody conciliation process pursuant to
C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral.
PENDING SAID conciliation hearing, all parties are hereby directed to abide by
the existing order in the above matter.
J
X.
Mark F. Bayley, Esq.
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
-//Brandie Gibson
909 Lagrange Bend
Virginia Beach, VA 23454
Defendant, pro Se
? Charles A. Rector, Esq.
1104 Fernwood Avenue
Suite 203
Camp Hill, PA 17011
? 'ES ?Yt?. t t?:G?.
BY THE COURT,
:
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4v Z-
JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRANDIE N. GIBSON
DEFENDANT
2002-4812 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, June 03, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Friday, June 27, 2008 at 3:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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/ Dawn S. Sunday, Esq. Jf?
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 2002-4812 CIVIL ACTION LAW
BRANDIE N. GIBSON
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this day of f
consideration of the attached Custody Conciliation Report, it is or ered and directed as follows: upon
1. All prior Orders of Court in this matter are vacated and replaced with this Order.
2. The Father, Jason S. Fahnestock, and the Mother, Brandie N. Gibson, shall have shared
legal custody of Alissa N. Fahnestock, born October 19, 1999. Major decisions concerning the Child
including, but not necessarily limited to, her health, welfare, education, religious training and
upbringing shall be made jointly by the parties after discussion and consultation with a view toward
obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the
other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the
affections of the Child from the other party. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the parent having physical custody of the
Child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her as
soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute.
3. The parties agree that the Mother may relocate with the Child to Virginia Beach, Virginia
where the Child shall be enrolled in school.
4. The parties shall have physical custody of the Child in accordance with the following
schedule:
A. School Year: During the school year, the Father shall have custody of the Child
beginning on the Friday on which each intersession break begins through the last Friday of the
intersession break. The Mother shall have custody of the Child at all times not otherwise specified for
the Father.
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B. S1er: The Father shall have custody of the Child from the first Friday after the
last day of the school year until the Friday before the new school year begins, with the exception that
the Mother shall have custody of the Child for one (1) week during that time period upon providing notice to the Father at least thirty-five (35) days before the last day of school. In any during which the Father is on military active duty, the Mother's periods of summer custod summer
provision shall be expanded to two (2) weeks. Y under this
5. The parties shall share or alternate having custody of the Child during holidays as follows:
A. dstmas: In even-numbered years, the Father shall have custody of the Child for
the entire intersession break over the Christmas holiday, with the exception of the last seven
days before the end of the holiday school break, during which time the Mother shall have custody full
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the Child. In odd-numbered years, the Father shall have custody of the Child for the entire int of
break over the Christmas holiday, with the exception of December 22 through December 28ring on
which the Mother shall have custody of the Child. urging
B. T_ ivin : In even-numbered years, the Father shall have custody of the Child
for the entire Thanksgiving school break and in odd-numbered years, the Mother shall have c
the Child for the Thanksgiving school break. custody of
C. Easter: In even-numbered years, the Father shall have custody of the Child for the
entire intersession school break which shall include the Easter holiday, with the exception of the last
seven (7) days of the intersession break, during which the Mother shall have custody of the Child.
the event Easter falls within the last seven (7) days of the intersession break, the Mother's sev
en In
day period shall occur at the beginning of the intersession break unless otherwise agreed between the
parties. In odd-numbered years, the Father shall have custody of the Child for the entire inte se sion
school break with the exception of seven (7) days during which the Mother shall have custod
Child and which shall be scheduled to include Easter. Y of the
D. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
7. When the Father is on military active duty during any of his periods of custody, including
holiday periods, the paternal grandmother shall be entitled to have physical custody of the C t
Father's place and shall have the same rights and responsibilities of shared legal custody as held in the
would if he were present. the Father
8. All exchanges of custody under this Order shall take place at the mid-point between the
parties' residences which is designated to be the Central Park Mall in Fredericksburg, Vir inia.
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9. The Father shall not arrange periods of contact between the Child and the maternal
grandparents without the prior consent of the Mother. The Father shall ensure that the paternal
grandparents comply with this provision at all times, including during the Father's periods of mil'
active duty. military
10. The Father's Petition for Contempt and Petition for Special Relief are dismissed.
11. The parties acknowledge that it is their intent that jurisdiction over this custody matter
remain in Cumberland County for at least a period of three (3) years from the date of this Order.
12. This Order is entered pursuant to an agreement of the parties at 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.
BY THE COURT,
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ark F. Bayley, Esquire - Counsel for Father
dandie N. Gibson - Motber
JASON S. FAHNESTOCK
Plaintiff
vs.
BRANDIE N. GIBSON
Defendant
Prior Judge: J. Wesley Oler
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2002-4812 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as
NAME DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Alissa N. Fahnestock October 19, 1999
Mother/Father
2. A custody conciliation conference was held on June 27, 2008, with the fol
individuals in attendance: the Father, Jason S. Fahnestock, with his counsel, Mark F. B
ayley, lowing
and the Mother, Brandie N. Gibson, who was not represented by counsel in this matter. Esquire,
3. The parties agreed to entry of an Order in the form as attached.
Date
Dawn LS. Sunday, Esquire
Custody Conciliator