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HomeMy WebLinkAbout07-1153 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY 1.0.91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff CHRISTINA HAVENS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA vs. : NO. 07 - /1~.3 ~o;{.. ~~ CORY STOCKLEY, Defendant. : CIVIL ACTION - LAW : IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Christina Havens, residing at 333 West Perry Street, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Cory Stockley, residing at 5 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff seeks primary physical and shared legal custody of the following child: NAME PRESENT RESIDENCE AGE Cole Stockley 333 West Perry Street anoia, Pennsylvania 3 years D.0.B.6/20/2003 4. Cole Stockley (hereinafter the "child") was born in wedlock. 5. The child is presently residing with the Plaintiff. 6. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Christina Havens 333 West Perry Street Enola, Pennsylvania January 1 , 2007 - Present Christina Havens 35 Stoney Run Road, Apt. 7 Dillsburg, Pennsylvania August 2005 - January 1, 2007 Christina Havens Cory Stockley 120 Community Street Wellsville, Pennsylvania Birth - August 2005 7. The mother of the child is Christina Havens, currently residing at 333 West Perry Street, Enola, Cumberland County, Pennsylvania. She is divorced. 8. The father of the child is Cory Stockley, currently residing at 5 Wooded Run Drive, Dillsburg, York County, Pennsylvania 17019. He is divorced. 9. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides only with the child. 10. The relationship of Defendant to the child is that of Father. The Defendant currently resides with his father. 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the child. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. Plaintiff is requesting primary physical and shared legal custody of the child. 14. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) Plaintiff has been the primary caregiver to the child since the parties separated in 2005. (b) The mental and emotional well being of the child will be served if he continues to live with his Mother on a regular basis. (d) Plaintiff is able to provide a stable home and emotional environment for the child; and (e) Plaintiff has the facilities to provide for the care, comfort and control of the child, as well as the intention and desire to do so. 15. 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. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and shared legal custody of the child. Respectfully Submitted, Dated: 0(1).0/01 KOPE & A CIATES, LLC L~tm~ FEB. 26. 2007 2:18PM MARKETING e2/26/2e07 12:24 717-761-7572 KCF'E & ASSo:::A TES NO. 192 P.2/2 PAGE 14/14 VERIFICATION /, Christina Havens, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements harein are made subject to the penalties of 18 Pe. C,S. 4904 relating to unsworn falsifications to authorities. Dated; ~ /.Ptl J()7 I . ~<PU I&.~ ristina Havens PAGE W1~' RCVO AT 212612ao712:'.~'" PM [l:ISlem &landlll'd TImBJ' SVR:EAfAX01111' DNS~377" C8ltl:~1178t 7572 'DURATION (IlI1IH$):u..4 n ~ ....... 'Aj i ".; ~ . D ~ D- ~ ~ n +- ~ ("") ~:; /"-.) 0 = -0 = -oJ --I :::: I:n );>0> nl r- :::c;1 -Uf-n I :by N \..;;~_ ~~~ -0 I:~? ~ ::: c5 fn -'-1 ~ Cn ::3 w ~ -, (........ rc;; CHRISTINA HAVENS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 07-1153 CIVIL ACTION LAW CORY STOCKLEY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 08, 2007 , 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_____~~__~_~t Main Street, Mechanicsburg, PA 17055 on Wednesday, April 11, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Dawn S. Sunda Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 ~p ~ ~ "v (0-/11- f: . #p 1- ~ ~ (0-11/- f' ~ $;:v ~ ~ ~ -f"TJ Lo-/ll- f tj 0 :21 lId t11 <:lVi~ LOOZ A' Li\ l'Y' ,--" i.- ! , uV vl-:', ',.., i ''''d ::lHl' -10 -:J~-"" \!~;,_\j~::_...J ,:J :;,.Ji~j::-",)-;.J:nl::l - . KOPE & ASSOCIATES, LLC BY: LESLEYJ.BEAM,ESa. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 07-1153 CHRISTINA HAVENS, Plaintiff, CORY STOCKLEY, Defendant. CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Christina Havens, Plaintiff, and states that service of the Custody Complaint in this matter was made by her upon Defendant, Cory Stockley, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 70042510000764504214, Return Receipt Requested on January 13, 2007, to his mailing address, at 5 Wooded Run Drive, Dillsburg, PA 17019, which mail was received by Defendant on March 21, 2007, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. ,/:/ f . P-eL- , .j. BEAM, Esq. y!or Plaintiff l \ i ~ .. 1~ :r- YA1.1r; ~ \ ~u. tU ~o:. d \ " 000 ~ ~ ~ _ ~ ..n ,&?\l ~ t'- ~l:i\ 1 " ~ ~J -" g \ I~OO 0:. " ... c; ~ ~ \ ~ a: :r- \ g ~ t'- <;' .~ }~ ~O CD J < . 131oS'" ~ ;;iJ,'j ~'OaS'"O~ :j rv -a.!!l VA ~ ~ E. tL,.;;.. ~~~o~~ ~~ \~\~.a ~ \h ~ \ ~o~%~a ~J ~ ~ ~ ~'iil~SCIl 9 ~ ~ f"\ \ ~ \ % \~ \ '> % i) '==- :e ~ c: CD CIl g 1. f\1 ~..:..- !}.... ~ ~ ~ CD U. .....> 1Il~ 0... oS . -o..-ct~!-a a ~ 4:.. .., unh z.G ~ (\ . .. ~ ,) \.t--... -' a r ~ \ ~ .. U.l (/) ':) . '..1 4.~ ~ -- o \ 1 ~ ~ ~ \~ li ~ i:t~ %~ % a e.. u- ~ 'C. ~ \i h'th'2 OShl:\ - K 0 P E & ASSOCIATES LAW OFFICES LLC March 15,2007 VIA REGULAR AND CERTIFIED MAIL Cory Stockley 5 Wooded Run Drive Dillsburg, PA 17019 Re: Havens v. Stockley No. 07-1153 (in custody) . Dear Mr. Stockley, I representCluistina Havens in the above captioned matter for custody. EncIosedandserved upon you is the Custody Complaint and Order scheduling the Pre-Hearing Custody Conference that has been filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because I have no information that you are represented by an attorney. Please be aware that the Conference will be held on" Wednesday, April 11, 2007 at 10:30 am with Dawn Sunday, Esquire at 39 West Main Street Mechanicsburg, P A 17055. I am also enclosing an. Acceptance of Service for this Complaint Please sign and return in the " enclosed seH-addressed stam.pedenvelope. If you do not either return the.Acceptance bf Service or sign the receipt for thecertifiedJetter, this office will have to officially serve this Complaint by Sheriff at yourpIace of residence. If you have any questions, please feel free to contact me. But,please be aware that I cannot give you legal advice because I represent Ms. Havens. Thank-you for your kind attention to this matter. Sincerely, Smart Itepresentation 4660 Trindle Road . Suite 201 . Camp Hill, P A 17011 P 717.761.7573. F 717.7fJl.7572. kopelaw.com o C ? ?2~F L~f'>:- (/) ): i~) 2.= "..-~J -",,' " ....., ~ = --' :x :;:;... :::0 N W o 11 :r..... n1...:..! :oH1 ~UO o Sf{l -I -,- . ;::~) -ri :70 Om --I ?6 -< -0 ::.r,: ~ w -.J .. " KOPE & ASSOCIATES, LLC BY: LESLEYJ.BEAM,ESQ. A TIORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff CHRISTINA HAVENS, Plaintiff. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PA vs. NO. 07- itS 3 CORY STOCKLEY, Defendant. CIVIL ACTION - LAW IN CUSTODY STIPULATION AND NOW, this~ay 04ie~, 2007, it is STIPULATED and AGREED by and between the parties, Christina Havens ("Mother") and Cory Stockley ("Father"), intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor child Cole Stockley (DOB: 6/20/2003) shall be entered as follows: 1. legal Custody: It is the intention of the parties and the parties agree that they will have shared legal custody of Cole Stockley ("Child"). The parties agree that major decisions concerning the Child, including, but not limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. In the event that the parties are unable to come to an agreement regarding such an issue, the decision shall be made by the Mother. Each party agrees not to impair the other party's rights to 1 .s'~ ;. :.~ ~ ~ shared legal custody of the Child. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the Mother. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 95309. 2. Primary Physical Custody: Primary physical custody of the Child shall be with the Mother. 3. Partial Physical Custody: Father shall have partial physical custody of the Child in accordance with the following schedule: a. Every third weekend. from Friday at 5 p.m. until Sunday at 5 p.m. This schedule shall be implemented so as to coincide with the current rotation of every third weekend. b. Holidays: The parties agree to share major holidays by agreement, with the exception of Christmas and Father's Day. i. Christmas: The Mother will have custody of the child every Christmas Eve (12/24) from 12 noon until Christmas Day (12/25) at 2 " 12 noon. Father will have custody of the child on Christmas Day (12/25) from 12 noon until December 26th at 12 noon. ii. Father's Day: Father will have custody of the child on Father's Day from 9 a.m. until 6 p.m. The remainder of the holidays shall be split by agreement of the parties. iii. The holiday schedule shall take precedence over the normal custody schedule. c. Birthdays: The Mother will have custody of the child on his birthday, except that the Father may have visitation of the child on said day by agreement of the Mother only. Mother's right to custody of the child on his birthday shall take precedence over the normal custody schedule. d. Other time: The Father shall have custody at such other times by agreement of the parties. In the event that the Mother permits Father to have additional custodial time with the child, the regular custodial schedule will resume unaffected. 4. Transportation: The parties shall share the responsibility of transportation for the child. In the event that the parties are unable to agree, the party receiving custody of the child shall be responsible for picking up the child. 5. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of the child, and shall appropriately notify the other parent of any changes in health or educational progress. 3 6. Parents should provide one another with a phone number and address where the child may be contacted whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 7. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive when the child is in the custody of the other parent. 9. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their child and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Communication should always take place directly between parents, without using the child as an intermediary. 4 ...~( \.. '...; }i .. 10. Applicable Laws: Any provision in this Agreement regarding child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 11. Modification: The provision of this Paragraph shall be modified according to applicable law. 12. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, ~:;uch enforcement shall be, at Mother's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. SS 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. S 1738A ("PKPA"). Should it become necessary for the Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Father hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and he will not oppose an application being brought pursuant to these statutes. 5 . , KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Tele one (717) 761-7573 . Sworn to or affirmed and acknowledged before me by CORY STOCKLEY on 3/2-7 ,2007 9~F~. Notary Public l'HnI: NaIIrIII.... 0BnIeI J. AIbeIt....., NlII Wllhlnglgn1Wp..YoIkCaunW My COl.wnlsllon EllpIIIIMIr.alDtO Member, Pennsylvania Assoclalklft or........ 6 Christina Havens 333 West Perry Street Enola, PA 17025 ~lrAtj ..~ 8m I Cory Stockley 5 Wooded Run Drive Dillsburg, PA 17019 D~nt~ ~"'-' . Wll"a.vs.::t~ '1. "'I I.... . ___.....:!:, ~ ~ ~.l '::,r_'\..-'~r-, I ~..: Irr'-'j,p.\, t,.l. i 'fN'1~' ."'k.~'~' i_.,~ V:W ~~... .,~f'~~ '7'Ii.-"_...,.,..,~_...........~...,.. U",~;)i4.~,1 ft. Aj..: .~; 1. ~.i' I~ ,...., = = ~...t ::1: ::r-- :;0 o ..." -f -:c rn:n -oF.; ?g? -==-~c.) ....,- "'rl C"S:T! 7- (') 25m --I ~ -<: N \.D -0 3:' (-;;' .r.- oo MAR 3 0 2007 t~ CHRISTINA HAVENS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-1153 CNIL ACTION LAW CORY STOCKLEY Defendant IN CUSTODY ORDER AND NOW, this 28th day of March 2007, the conciliator, having been advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April 11 , 2007, is cancelled. FOR THE COURT, M~~ Dawn S. Sunday, ESquir~ Custody Conciliator p 'r;/ i \I\~/Y11!\~::: j\ ~ t\j =i....1 lJ." 1,'-' re'r. '~:. ... ",.~.:,::;, "nl"'\ I . t\~1 ;1,._.," .1 --'i':~;IJ'~_! tv 90 :9 ~I'J 8 - ~dV LOOl AtNl0NOHJDtld 3Hl::10 "V..J\I.Qn-rnl!'-! :J!""""M ~ \..,[:) .::J . ' ) MAR 10 2007 Ii vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 07-1153 CHRISTINA HAVENS, Plaintiff, CORY STOCKLEY, Defendant. CIVIL ACTION - LAW IN CUSTODY ~d AND NOW, this J day of ORDER t\ yr"\ \ 2007, the attached Stipulation signed by the above captioned parties is approved and entered as an Order of the Court. BY THE COURT: '1 J. CC: ~SOCiates, LLC, 4660 Trindle Road, Camp Hill, P A 17011 "Yory Stockley, 5 Wooded Run Drive, Dillsburg, P A 17019 ~i( 7 ,/ VI i\fv't\T\S>Jf\ljd i I ~,l(!n": (-- -:-'Q!,.ln'"" N....l'ld ,.".'. ,'-..Itt v 6S :2 ~jd 8- t1dV LOQZ Al::lV10;-,;UH1UUd 3Hl :10 38i::HO-G3l15 FIL?0 .?Jr fs= z 1 FF;1 •, ,,. ,.: r t' ?,i ? T . 7 T•. i .. . tt ?..t,{ i CHRISTINA HAVENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CORY STOCKLEY, NO. 07-1153 CIVIL TERM Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner, Cory Stockley, by and through his attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is the above-named Defendant, Cory Stockley, hereinafter "Father," an adult individual currently residing at 4303 Carlisle Road, Gardners, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Plaintiff, Christina Havens, hereinafter "Mother," an adult individual currently residing at 813 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely, Cole Stockley, born June 20, 2003. Y ," , o +? a 0,tiY 4. The parties are subject to an Order of Court, which was entered by agreement, on March 26, 2007, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Since the entry of the aforementioned Order, the parties at that time and thereafter, until the summer of 2010, were exercising custody such that Mother had primary physical custody and Father had partial physical custody such that on the first weekend of every month, Father's mother had the child for the entire weekend, with Father exercising custody at her home, and Father then exercised custody at his home on the third weekend of the month, such that Father was seeing the child every other weekend from approximately Friday at 5:00 p.m. until Sunday at 5:00 p.m. 6. While Father's mother no longer has the child at her home on the first weekend of every month, due to the child's wishes, Father wishes to exercise custody of the child every other weekend during the school year and for expanded time during the summer. 7. Father believes that it is in the best interest and permanent welfare of the child to expand his periods of custody to include alternating weekends, expanded time in the summer, a more complete holiday schedule, and appropriate vacation provisions. WHEREFORE, Petitioner requests your Honorable Court to schedule a conciliation conference, at which time an Order should be entered providing him with expanded periods of partial physical custody of the child. Respectfully submitted, Hannah Herman-Snyder, Esqui Attorney for Petitioner/Defendant Attorney ID# 91537 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESC. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&-kopelaw.com Attorney for Plaintiff CHRISTINA HAVENS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 07- N53 CORY STOCKLEY, CIVIL ACTION - LAW Defendant. IN CUSTODY o C a -n r7l- ^?' ?.._ n C111 STIPULATION F AND NOW, this ??lay ry, 2007, it is STIPULATED and REEM by- n, and between the parties, Christina Havens ("Mother") and Cory Stockley .( athbr"), CO intending to be legally bound hereby, that an Order regarding the custody and visitation of their minor child Cole Stockley (DOB: 6/20/2003) shall be entered as follows: 1. Legal Custody: It is the intention of the parties and the parties agree that they will have shared legal custody of Cole Stockley hild''). T`?e parties agree that major decisions concerning the Child, including, but not limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Child's best interest. In the event that the parties are unable to come to an agreement regarding such an issue, the decision shall be made by the Mother. Each party agrees not to impair the other party's rights to 1 EXHIBIT D D shared legal custody of the Child. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the Mother. With regard to any emergency decisions which must be made, the party having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or any and all other authorities and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. §5309. 2. Primary Physical Custody: Primary physical custody of the Child shall be with the Mother. 3. Partial Physical Custody: Father shall have partial physical custody of the Child in accordance with the following schedule: a. Every third weekend, from Friday at.5 p.m.,, until. 8-unday at 5 p.m. This schedule shall be implemented so as to coincide with the current rotation of every third weekend. b. Holidays: The parties agree to share major holidays by agreement, with the exception of Christmas and Father's Day. L Christmas: The Mother will have custody of the child every Christmas Eve (12/24) from 12 noon until Christmas Day (12/25) at 2 12 noon. Father will have custody of the child on Christmas Day (12125) from 12 noon until December 26th at 12 noon. ii. Father's Day: Father will have custody of the child on Father's Day from 9 a.m. until 6 p.m. The remainder of the holidays shall be split by agreement of the parties. .iii. The holiday schedule shall take precedence over the normal custody schedule. c. Birthdays: The Mother will have custody of the child on his birthday, except that the Father may have visitation of the child on said day by agreement of the Mother only. Mother's right to custody of the child on his birthday shall take precedence over the normal custody schedule. d. Other time: The Father shall have custody at such other times by agreement of the parties. In the event that the Mother permits Father to have additional custodial time with the child, the regular custodial schedule will resume unaffected. 4. Transportatibh: The parties shall share the.. responsibility of transportation for the child. In the event that the parties are unable to agree, the party receiving custody of the child shall be responsible for picking up the child. 5. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of the child, and shall appropriately notify the other parent of any changes in health or educational progress. 3 6. Parents should provide one another with a phone number and address where the child may be contacted whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. Each parent should be promptly and politely responsive to the other parent's telephone calls. 7. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall. they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Telephone Contact: Each parent shall be entitled to reasonable telephone contact with the child which shall not be excessive when the child is in the custody of the other parent. 9. No Conflict Zone: Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their child and refrain from and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Communication should always take place directly between parents., without using the child as an intermediary. 4 10. Applicable Laws: Any provision in this Agreement regarding child custody and visitation shall be governed and enforceable as set forth in the applicable Pennsylvania Rules of Civil Procedure, as well as any other remedies available at law or in equity. 11. Modification: The provision of this Paragraph shall be modified accord.ing..to applicable law. 12. UCCJEA and PKPA: Should it become necessary for the parties to proceed in any court outside the Commonwealth of Pennsylvania or in any county outside the County of Cumberland to enforce any of the provisions of this Agreement, ,such enforcement shall be, Ot Mother's option, in accordance with the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act of Pennsylvania, 23 Pa.C.S.A. §§ 5400-5482 ("UCCJEA") and the United States Parental Kidnapping Prevention Act, 28 U.S.C.A. § 1738A .("PKPA"). Should it become necessary for the Mother to apply to any court for enforcement of the custody obligations provided for in this Agreement, the Father hereby consents to the entry of any order required by any court or pursuant to the provisions of UCCJA and PKPA, and he will not oppose an application being. brought pursuant to these statutes. 5 KOPE & ASSOCIATES 4660 Trindle Road, Suite 201 Camp Hill, PA 17102 Teleo6ne (717) 761-•7573 Christina Havens 333 West Perry Street Enola, PA 17025 ey a m, Esquire din i rn for Plaintiff Sworn to or affirmed and acknowledged before me by CORY STOCKLEY on Z , 2007 Notary Public Cory Stockley 5' Wooded Run Drive Dillsburg, PA 17019 Defe dant MMONWE TM F Y packikofte MmMJ.AbKN0MBYMft WinTV4L. 6* Member, Pennsylvania AssodaMN d NNE 6 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.C.S. Section 4904, relating to unswom falsifications to authorities. DATE -0 CORY TOCKLEY, etitioner/Defendant CHRISTINA HAVENS IN THE COURT OF COMMON PLEAS OF PI..,AINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2007-1153 CIVIL ACTION LAW CORY STOCKLEY IN CUSTODY C.D- J ` DEFENDAN T -' r? ORDER OF COURT AND NOW, Frida February 11, 2011 upon consideration of the attached Co mplai nt, 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, March 15, 2011 at 2:00 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 entrv 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. .,A _ Custody Conciliator f 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, 'q- / ? s S Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILED-OFFICE I RE9 24 PM 12: r,'? 8ERLw v19 f `. C E NS`f k lr, CHRISTINA HAVENS, Plaintiff V. CORY STOCKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-1153 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this J(?'day of , 2011, comes Hannah Herman-Snyder, Esquire, and states that she mailed a certified and true copy of a Petition for Modification of Custody to the Plaintiff, Christina Havens, at her address of 810 Highland Court, Mechanicsburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on February 12, 2011. Hannah Herman-Snyder, Esquire Attorney for Defendant Attorney ID#91537 GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this day of d r , 2011 PUBLIC Holum SEAL KELLY L PEREZ Notary PWM CARLMLE 80ROWN. CUMBERLAND My CoewnNWon ExpM}s Jan 8.2012 S. P CERTIFIED MAIL RECEW'i ti Only; (Oomestic Mail Provided) M 'i iB'i? 9@P&f y MR C3 Postage $ rv cc ? Certified Fee ???(y , O Return Receipt Fee P °"a OO (Endorsement Required) Restricted Delivery Fee \ 9 ?? C3 (Endorsement Required) co C3 Total Postage & Fees Q' Sent To or PO Box No. _<-_?_?_ City, State, ZIP+4 ------ k ¦ CowoMte Rents 1, 2, and 3. Also complete ftm 4 If Restricted Delivery Is desired. ¦ PdW your name and address on the reverse so VW we can return the card to you. ¦ AVAclt this card to the back of the maiipiece, or an the front if space permits. 1. Ardele Addressed to: Ch?sfina G ?#vens g?3 hla?,d CW4 csbu??, PA MnsO. ? Agaet 8-Recelved by (Ranted Name) C. Date of a//a 11 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service 7Ype courted Mali ? Evress Mail Registered Return Receipt for Merdwrdba ? insured mail C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2.Ilrral Notpsr 7009 0080 0001 8043 6329 (ifw*briftmNo-it bw Ps Form 3611 , February 2004 DomMUC RNu11 Rsodpt 102N5aa4A4W 4 CHRISTINA HAVENS IN THE COURT OF COMMON PLEA?OF, ,, n Plaintiff CUMBERLAND COUNTY, PENNSYLV41A° - rnm s =-n - vs. 2007-1153 CIVIL ACTION LAW ,nr- . ;0 r 0 -<> %0 C:) (D t r-2: C --4 C:) o rn 3XI CORY STOCKLEY M - n Defendant IN CUSTODY F.a ORDER OF COURT yh _ O` N\ N 2011, CV AND NOW, this day of upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Cory Stockley, and the Mother, Christina Havens, shall have shared legal custody of Cole Stockley, born June 20, 2003. Major decisions concerning the Child including, but not necessarily limited to, his 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. 2. The Mother shall have primary physical custody of the Child. 3. During the school year, the Father shall have partial physical custody of the Child on alternating weekends from Friday, when the Father shall pick up the Child at school or at the babysitter's through Sunday at 5:00 p.m. when the Father shall transport the Child to the Mother's residence. The Father shall notify the Child's caregiver in advance on Friday as to whether the Father will be picking the Child up at school or at the caregiver's. The alternating weekend periods of custody shall begin with the Mother having custody of the Child on the weekend of March 18, 2011. 4. During the summer school break in 2011, the Father shall have custody of the Child from June 12 at 5:00 p.m. through June 19 at 5:00 p.m., from July 3 at 5:00 p.m. through July 17 at 5:00 p.m. and, for vacation, from July 28 through August 6, when the Father shall return the Child to the Mother's custody by 1:00 p.m. The alternating weekend custody schedule shall be suspended during the summer schedule and shall resume with the Father having custody on alternating weekends beginning Friday, August 12, 2011. The parties shall make arrangements for the summer custody schedule in subsequent years by agreement. 5. The parties shall share 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 odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even 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 after school through Monday evening before school resumes at 5:00 p.m. In odd numbered years, the Father shall have custody of the Child for Thanksgiving and in even numbered years, the Mother shall have custody for Thanksgiving. C. Easter: The Easter holiday shall run from the last day of school before the Easter holiday break through the evening before school resumes at 5:00 p.m. In odd numbered years, the Father shall have custody of the Child for the Easter holiday break and in even numbered years, the Mother shall have custody of the Child for the Easter holiday break. D. Memorial Day/Labor Day: The parent who has custody of the Child under the alternating weekend schedule immediately preceding the holiday shall retain custody of the Child through the Monday holiday at 5:00 p.m. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from 9:00 a.m. until 5:00 p.m. 6. The parties shall continue to explore the possibility of initiating co-parenting counseling for the purpose of obtaining assistance in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. 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. BY THE COURT, J. cc: Thomas D. Gould, Esquire - Counsel for Mother ?(ec? Bradley L. Griffie, Esquire - Counsel for Father 00P3iel '?gl rl DK,B CHRISTINA HAVENS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-1153 CIVIL ACTION LAW CORY STOCKLEY Defendant : 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 Cole Stockley June 20, 2003 Mother 2. A custody conciliation conference was held on March 15, 2011, with the following individuals in attendance: the Mother, Christina Havens, with her counsel, Thomas D. Gould,. Esquire, and the Father, Cory Stockley, with his counsel, Bradley L. Griffie, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?114- vZ ?, 010 / f/c-- - zd?o_? Date Dawn S. Sunday, Esquire Custody Conciliator