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HomeMy WebLinkAbout01-04828STACEY N. BRANNEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. V. MA'I"I'HEW J. SHOWERS DEFENDANT 01-4828 CNIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 21, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, September 17, 2001 at 9:15 A.M for aPre-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/ Melissa P rreevy, Esc~~ 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 ~7~rr~~ ~ f /O-ssz° 3 ~' ~~ ~ ~'~ ~~ sa~~ ~r'I ' l~'/~t'~~C ~~:I~~~I_i~7 ~Lr;`~~. 1'"' rip -: i-,~:~~,-.^, ' --~:':r!,, a --r_- z- -r-.-r~aeSFx+P~R~roR...... ... ,a STACEY N. BRANNEN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001- /~l~~~(~,,~ MATTHEW J. SHOWERS, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on at _.m., for aPre-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. FOR THE COURT: BY: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals hauing 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 J STACEY N. BRANNEN, Plaintiff vs. MATTHEW J. SHOWERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- l~~ag ~~ CIVIL ACTION -LAW CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this ~ day of August 2001, comes the Plaintiff, Stacey N. Brannen, by her attorney, /Diane M. Rupich, Esquire, and respectfully requests the following: 1. The Plaintiff is Stacey N. Brannen, an adult individual, age 21 years, who currently resides at 106 Arnold Road, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Matthew J. Showers, is an adult individual, age 21 years, who currently resides at 590 Pine Grove Furnace Road, Aspers, Adams County, Pennsylvania. 3. The Plaintiff and Defendant are not married; however, as a result of their relationship, one child was born; namely, Kylie E. Showers, born December 29, 2000, in Gettysburg, Pennsylvania. 4. There has been no prior action for custody or visitation of the minor child in this or any other jurisdiction. ~~ 5. Cumberland County has jurisdiction in this matter, as Plaintiff and the minor child have resided in Cumberland County since the child's birth, with the exception of one month when the Plaintiff and the minor child resided with the Defendant at his home in Aspers, Adams County, Pennsylvania. 6. The Plaintiff, Stacey N. Brannen, believes that it is in the best interest of her daughter that she retain primary physical custody with partial custody in the Defendant, Matthew J. Showers. WHEREFORE, Plaintiff, Stacey N. Brannen, respectfully requests Your Honorable Court to grant her primary physical custody of her daughter. Respectfully submitted, BY: Date: 0 l ~~~~I Diane M. Rupich, soft 1017 North Fron tree Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION I verify that the statements made in this COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: g l/~G/ -~~ STACEY ANNEN ~. ,~ x~ ~ r, _ _ c Y/ ~i \\\111 ~, _ .~ ~ L;; r r] ( ~ L r l C pw\ ~ VV ~ ~( .! _ ~ ~~ -i ~ ~ y ^ ~ -SI ~~ ~.. ~.._ C._ N p -c "G ,v tT~ ( 1 ~ .- ~~~ ~:. es .'., *w~wsasn~, .. __ ~F'~fft'i,.um~-.ro ,. .„-_ .-,ea; ~ ~, m,~ =,Fdw wwa~9~,",ue~.... 9 SEP ~ !°2001 STACEY N. BRANNEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MATTHEW J. SHOWERS, Defendant NO. 01-4828 CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this ~_ day of September, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leoal Custodv. The parties, Stacey N. Brannen and Matthew J. Showers, shall have shared legal custody of their minor Child, Kylie E. Showers, born December 29, 2000. Both parents shall have the right to make decisions in the important areas of her life including education, medical and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental and other important records. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 2. Physical Custody. Mother shall have primary physical custody of Kylie subject to Father's rights of partial physical custody which shall be arranged as follows: A. Effective September 28, 2001, on alternate weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. B. Effective September 20, 2001, following Father's custodial weekends, alternate Thursday evenings from 4:00 p.m. until 7:00 p.m. C. Other such times as agreed upon by the parties. 3. Holidays. A. The parties shall alternate custody for the following holidays: Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and New Year's Day. The alternating schedule shall commence with Thanksgiving 2001, when Father has custody for this holiday. The custodial time for these holidays shall be from 8:00 a.m. on the holiday until 8:00 a.m. the following morning. N0. 01-4828 Civil Term B. Christmas. Father shall have custody on Christmas Eve from 8:00 a.m. until 5:00 p.m. On Christmas Day each year, custody shall be shared with Mother having custody from 5:00 p.m. Christmas Eve until 2:00 p.m. Christmas Day. Father shall have custody from 2:00 p.m. Christmas Day until 8:00 p.m. Christmas Day. C. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. The custodial period for these holidays shall be from 8:00 a.m. until 5:00 p.m. 4. Transportation. Transportation shall be shared by the parties. The parties shall meet for custodial exchanges at the Cracker Barrel off of the Hanover Street Exit of Interstate 81. However, Father shall provide all transportation incident to his alternating Thursday evening periods of custody. 5. In the event any party is more than twenty minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent who is to be assuming custody, the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited and the other party will be free to make other plans for the Child. 6. In the event that either party is unavailable to provide care for the Child during his or her period of custody for a period of four hours or more and that party's Mother is also not available, that party who is unable to exercise that period of custody shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Child before contacting third-party caregivers. 7. Onq_~g Relationship. Neither party shall attempt to undermine the mutual love and affection that the Child has for the other parent. Neither parent shall, in the presence of Kylie, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the Child's health, education and well-being with a view toward obtaining and following a harmonious policy in the Child's education and social adjustment. Each party agrees to keep the other informed of his or her residential address and telephone number to facilitate communication concerning the welfare of the Child and visitation. Each party agrees to supply the name, address and telephone numbers of any persons whose care of the Child will be for a period in excess of forty-eight hours, and for each person or entity which may provide daycare for the Child. No. 01-4828 Civil Term 8. Illness of the Child. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of the Child at any time, any party then having custody of the Child shall communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become ihvolved in the decision-making process as soon as practical. During such illness each party shall have the right to visit the Child as often as he or she desires, consistent with medical care of the Child. 9. Welfare of the Child to be Considered. The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Order. 10. This Order and all of its terms and conditions shall extend to and be binding upon parties hereto and their respective successors, executors, administrators, heirs, personal representatives and assigns. 11. Governing Law. This Order shall be governed and controlled by the laws of the Commonwealth of Pennsylvania. 12. Headinas. Section paragraph headings in this agreement are included for the convenience of reference only and shall not constitute prior to this Order for any other purpose. 13. This Order is temporary in nature and may be modified upon agreement of the parties or further Order of Court. Dist: Diane Rupich, Esquire, 1017 N. Front Street, Hari,,,..,., y, , „ , , ,,,~ Jane Adams, Esquire, 117 S. Hanover Street, Carlisle, PA 17013 q ~,~ /- ~' v~N~~,~usrh~~?44, y ur~no.1;~! . , . ~,r ifp 1~~~iU~l~4 i ~ _:. s.~r,xat.w ~ .:w,rwn~ ~,erv,:,:wa:=~Pry.~!a~s~wrm+?~aws, ~ .. .. ,. ~'. STACEY N. BRANNEN, vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4828 MATTHEW J. SHOWERS, Defendant CIVIL ACTION -LAW 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 Kylie E. Showers December 29, 2000 Mother 2. A Custody Conciliation Conference was held on September 17, 2001, with the following individuals in attendance: the Mother, Stacey N. Brannen, and her counsel, Diane M. Rupich, Esquire; the Father, Matthew J. Showers, and his counsel, Jane Adams, Esquire. 3. The parties reached an agreement in the form of an Order as attached. ~~?~/n? Date e issa Peel Greevy, Esq ' e Custody Conciliator MATTHEW SHOWERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v' 01-4828 CIVIL ACTION LAW STACEY A. BRANNEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August O5, 2003 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. ,the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, September O8, 2003 at 10:30 AM for aPre-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 enriy 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/ Melissa P. Greev~,~q. u 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 AT'T'ORNEY AT ONCE. IF YOU DO NOT lIAVE 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 (71.7) 249-3166 dl4e u-_.ticC FC. F .ii ':... '. ~ i. f..la'.. 3._r .... ..^.~.~ d-c-W "^.dM1®~yyLy~yy,Ae"lsW.Aa$ev 'alr'p~ L' .__.u~n `w2a my FILM)-;~;~;=j ~; -_ , . _ ~ ~ ~.~~ ~riRY ,, r~ENNSYL:~gNA ,~ ~ , d :~~~nJ Cam` ~ '.~~°~-~ ~ ~' l ,~~.~ ~~- ~' n ~ ~' L AUG U i 2003 MATTHEW SHOWERS IN THE COURT OF COMMON PLEAS Petitoner CUMBERLAND COUNTY PENNSYLVANIA v. No. 01-4828 STACEY A. BRANNEN CIVIL ACTION -CUSTODY Respondent ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ,the Conciliator, on the day of 2003, at , in the for the 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 the entry of a temporary or permanent Order. For the Court, Date: July 23, 2003 By: Custody Conciliator Matthew Showers, IN THE COURT OF COMMON PLEAS Petitioner, CUMBERLAND COUNTY, PENNSYLVANIA v. NO.O1-4828 Stacey N. Brannen, Respondent. CIVIL ACTION- CUSTODY PETITION TO MODIFY CUSTODY Petitioner, Matthew J. Showers, by and through his attorney, Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, respectfully request the following: 1. Petitioner is Matthew J. Showers, an adult individual and the natural father who currently resides at 52 Oakland Dr., Box C-3, York Haven, Cumberland County, Pennsylvania. 2. Respondent is Stacey N. Brannen, an adult individual and the natural mother who currently resides at 106 Arnold Rd., Enola, Cumberland County, Pennsylvania. 3. Petitioner seeks to have the existing Custody Order modified giving him increased partial physical custody of the subject minor child. 4. The child is presently in the custody of Stacey N. Brannen, natural mother, who currently resides at 106 Arnold Rd., Enola, Cumberland County, Pennsylvania. 5. From birth to present, the child has resided at the following addresses with the following persons: Person(s) Addresses Dates Stacey N. Brannon 106 Arnold Rd. December 29, 2000 Natural Mother Enola„ PA 17025 to Present 6. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody of the child or claims to have custody or visitation rights with respect to the child. 7. There is an existing Custody Order entered into effect on September 24, 2001, a copy of which is attached hereto as Exhibit 1. 8. The best interest and permanent welfare of the child will be served by modifying the Custody Order because: a) Allowing the natural father to increase and maximize time and interaction with the minor child. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitafion of the child will e given notice of pendency of this action and the right to intervene: None. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the current custody order granting modified partial physical custody to Petitioner. Respectfully submitted, ROBINSON & GERALDO By: ~J u''''r'-V~.-. Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717)232-8525 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition to Modify Custody are true and con~ect. 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. A Matth s ,~ . d\ ~ ~~p 2 Y 2001 STACEY N. BRANNEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MATTHEW J. SHOWERS, Defendant NO. 01-4828 CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, this o~ y+~ day of September, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as folows: 1. Legal Custody. The parties, Stacey N. Brannen and Matthew J. Showers, shall have shared legal custody of their minor Child, Kylie E. Showers, born December 29, 2000. Both parents shall have the right to make decisions in the important areas of her life including education, medical and religious decisions. Both parents shall be entitled to equal access to the Child's school, medical, dental and other important records. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Child's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. 2. Physical Custody. Mother shall have primary physical custody of Kylie subject to Father's rights of partial physical custody which shall be arranged as follows: A. Effective September 28, 2001, on alternate weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. B. Effective September 20, 2001, following Father's custodial weekends, alternate Thursday evenings from 4:00 p.m. until 7:00 p.m. C. Other such times as agreed upon by the parties. 3. Holidays. A. The parties shall alternate custody for the following holidays: Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and New Year's Day. The alternating schedule shall commence with Thanksgiving 2001, when Father has custody for this holiday. The custodial time for these holidays shaft be from 8:00 a.m. on the holiday until 8':00 a.m. the following morning. No. 01-4828 Civil Term S. Christmas. Father shat! have custody on Christmas Eve from 8:00 a.m. until 5:00 p.m. On Christmas Day each year, custody shall be shared with Mother having custody from 5:00 p.m. Christmas Eve until 2:00 p.m. Christmas Day. Father shall have custody from 2:00 p.m. Christmas Day until 8:00 p.m. Christmas Day. C. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. The custodial period for these holidays shall be from 8:00 a.m. until 5:00 p.m. 4. Transportation. Transportation shall be shared by the parties. The parties shall meet for custodial exchanges at the Cracker Barrel off of the Hanover Street Exit of Interstate 81. However, Father shall provide all transportation incident to his alternating Thursday evening periods of custody. 5. In the event any party is more than twenty minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent who is to be assuming custody, the other parent may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited and the other party will be free to make other plans for the Child. 6. In the event that either party is unavailable to provide care for the Child during his or her period of custody for a period of four hours or more and that party's Mother is also not available, that party who is unable to exercise that period of custody shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Child before contacting third-party caregivers. 7. Ongoing Relationship. Neither party shall attempt to undermine the mutual love and affection that the Child has for the other parent. Neither parent shall, in the presence of Kylie, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the Child's health, education and we11-being with a view toward obtaining and following a harmonious policy in the Child's education and social adjustment. Each party agrees to keep the other informed of his or her residential address and telephone number to facilitate communication concerning the welfare of the Child and visitation. Each party agrees to supply the name, address and telephone numbers of any persons whose care of the Child will be for a period in excess of forty-eight hours, and for each person or entity which may provide daycare for the Child. - No. 01-4828 Civil Term 8. Illness of the Child. Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of the Child at any time, any party then having custody of the Child shall communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. During such illness each party shall have the right to visit the Child as often as he or she desires, consistent with medical care of the Child. 9. Welfare of the Child to be Considered. The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Order. 10. This Order and ail of its terms and conditions shall extend to and be binding upon parties hereto and their respective successors, executors, administrators, heirs, personal representatives and assigns. 11. Governing Law. This Order shall be governed and controlled by the laws of the Commonwealth of Pennsylvania. 12. Headinos. Section paragraph headings in this agreement are included for the convenience of reference only and shall not constitute prior to this Order for any other purpose. 13. This Order is temporary in nature and may be modified upon agreement of the parties or further Order of Court. BY THE COURT, /~ ' / Dist: Diane Rupich, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 Jane Adams, Esquire, 117 S. Hanover Street, Carlisle, PA 17013 1°Ri,~€ CC~?~' ERC?~f RECORD In Tas imony whereo , I here unto set my hand and seal of said~ogrt ~ Carlisle, Pa. G: G ~ y - _ ~ 1~ ~' 2 W _ I _ p1~ ~~ _ i l., ~ ~ ~ sn~~swr. ... +~nN~r~xarex~aare~rz 4~fl~9.. ~4-mewawnsw~~ .~~rr~vx~w,re~ta~tea~~, - 3 MATTHEW SHOWERS, v. STACEY A. BRANNEN, Plaintiff Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4828 CIVIL ACTION- CUSTODY PROOF OF SERVICE The undersigned makes the following return of service: the Order for Conciliation Conference was served upon Stacey A. Brannen on August 15, 2003 at 106 Arnold Road, Enola, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsfication to authorities. Respectfully submitted, Dated: August 21, 2003 ROBINSON & GERALDO ~"'~i By- Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff _- ^ Complete items 1, 2, 2ntl 3. Also complete A. Received by (P/ease Pnnt Clearly) 6. Date of Delivery item 4 if Restricted Delivery is desired. ^ Print your name and.addiess on the reverse -~ so that we can return the.card to you. " d ^ Attach this card, to the back of the mailpiece, X a nt or on the front if space permits. ~ - 1. Article Addressed to: D. - slivery adtl rent from i[etf`1? ~~ Yes ~{-~ ~ ~~ ~,; If YFS, enter delivery addr slow: ^ No ~> s I ot~ -~ ~ n old leQad ~:ST'RtG~~~ a µ ~- • Certified Mail ~ ress+ ^ Registered ~~ ~~Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 2. ~`.'" *~'~ 194L1, €~~~4 1686 7Q.y:7 PS Form 3811; March 2(uF1 iDdmestic itetum Receipt " to2sss-m-M.ta2a tE n r i ~iIS ~ 3`' 1 ~~~ r ,r~~4~ ~ s'~'~i,~~~"~~~yi. ~r r~.k ~p 4 T~ 1. ~}~~ ~~~ y i"p ~.~'1rt 51 ~.,_, ~~ '~ z'~ -- ~~ ~ ~°: ~~ ~~ , seP ~ ~ X003 ~' MATTHEW SHOWERS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0.01-4828 CIVIL TERM v. STACEY A. BRANNEN, CIVIL ACTION -LAW IN CUSTODY Defendant BAYLEY, J. --- ORDER OF COURT AND NOW, this ~ day of September, 2003, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Matthew Showers and Stacey A. Brannen, shall have shared. legal custody of the minor child, Kylie E. Showers, born December 29, 2000. 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 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custodv. Mother shall have primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. Effective September 12, 2003, on alternate weekends from Friday at 5:30 p.m. until Monday at 2:30 p.m. B. Effective September 11, 2003, each Thursday from 10:00 a.m. to 2:30 p.m. C. Eftective September 22, 2003, each alternate Monday from 10:00 a.m. to 2:30 p.m. W ~ NO. 01-4828 CIVIL TERM 3. Holidays A. The parties shall alternate custody for the following holidays: Easter, Memorial Day, Independence Day, Labor Day and Thanksgiving. The custodial time for these holidays shall be from 8:00 a.m. on the holiday until 8:00 a.m. the following morning. B. Christmas. Father shall have custody on Christmas Eve from 7:30 a.m. until 7:00 p.rn.. On Christmas Day each year, custody shall be shared with Mother having custody from 7:00 p.m. Christmas Eve until 2:00 p.m. Christmas Day and Father having custody from 2:00 p.m. Christmas Day until 8:00 p.m. Christmas Day. C. Mother's Dav /Father's Dav. Mother shall have custody on Mother's Day and Father shall have custody on Father's Day. The custodial period for these holidays shall be from 8:00 a.m. until 5:00 p.m. 4. Transportation. At the commencement of Father's custodial weekends, the parties shall meet for custodial exchanges at the McDonald's near the Cedar Cliff Mall. Father will provide the remaining transportation incident to his custodial periods. In the event that Father is unable to appear at the exchange point for the custodial exchange on Friday evenings, it shall be permissible for him to arrange an alternate adult to participate in the custodial exchange. If this should occur, Father wi81 contact Mother by her cell phone to notify her of the change in the usual and customary transportation arrangement. 5. In the event any party is more than twenty (20) minutes late for a scheduled custodial exchange, in the absence of a telephone call or other communication with the parent who is to be assuming custody, the parent may assume the parent who is late has chosen not to exercise that custodial period, and the period will be forfeited and the other party will be free to make other plans for the child. 6. In the event that either party is unavailable to provide care for the child during his or her period of custody for a period of four (4) hours or more, that party who is unable to exercise that period of custody shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third party caregivers. 7. Neither party shall attempt to undermine the mutual love and affection that the child has for the other parent. Neither parent shall, in the presence of Kylie, make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other in all matters of importance relating to the child's health, education and well-being NO. 01-4828 CIVIL TERM with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residential address and telephone number to facilitate communication concerning the welfare of the child in visitation. Each party agrees to supply the name, address and telephone numbers of any persons whose care for the child will be for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 8. Illness of the Child. Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of the child at any time, the party then having custody of the child shall communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the child. 9. Welfare of the Child to be Considered. The welfare and convenience of the child shall be the primary consideration of the parties in any application of the provisions of this Order. 10. The parties shall participate in therapeutic family counseling to assist them in developing their relationships as parents to a young child and to assist them with the development of more effective co-parenting communication skills. 11. Vacation. Each party shall be entitled to two (2) non-consecutive and uninterrupted weeks of custody for the purposes of vacation each year. For the Summer 2004, Father has chosen one of his custodial weeks which shall be from July 10, 2004 through July 17, 2004. The parties shall provide each other with thirty (30) days written notice of their choice of vacation weeks. In the event that the parties have chosen an overlapping or conflicting vacation schedule, the party first providing written notice to the other parent shat{ have choice of the vacation. Priorto departure, the traveling parent shall provide the non-traveling parent with the location and telephone number where they can be reached during their vacation period. 12. This Order and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective successors, executors, administrators, heirs, personal representatives and assigns. 13. This Order shall be governed and controlled by the laws of the Commonwealth of Pennsylvania. 1 NO. 01-4828 CIVIC TERM 14. This Order is temporary in nature and may be modified upon the Agreement of the parties or further Order of Court. BY THE COURT: Edgar B. Bayley, Dist: ~G ald S. Robinson, Esquire, P.O. Box 5320, Harrisburg, PA 17110 lane M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PA 17102 ~(A~'~' ~~{5 09 -15 "~ ~^ i4 ~ l~ Cv ~ +`>,: = j ~; Y~ f ^ ' ~ry ~.... ~:I~~iL~ i. y1.L lG _- 1,4,_ ~ 1 _ ~ MATTHEW SHOWERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-A828 CIVIL TERM v. STACEY A. BRANNEN, Defendant 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 THE CUSTODY OF Kylie E. Showers December 29, 2000 Mother 2. A Custody Conciliation Conference was held on September 9, 2003 in response to Father's July 31, 2003 filing of a Petition to modify Custody. Present for the conference were: the Father, Matthew Showers, and his counsel, Gerald S. Robinson, Esquire; the Mother, Stacey A. Brannen, and her counsel, Diane M. Dils, Esquire. 3. The parties reached an agreement in the form of Or r as attached. elissa eel Greevy, Esquir Custody Conciliator :218160