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HomeMy WebLinkAbout07-1969 FRIEDMAN and KING, P.C. John F. King, Esq. ID #61919 600 North 2°a Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 ADAM C. TOSH, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. PENNSYLVANIA LYNN M. TOSH, NO: QZ' - 196 Defendant. COMPLAINT IN CUSTODY ` COMPLAINT FOR PARTIAL CUSTODY/VISITATION 1. The Plaintiff is Adam C. Tosh, residing at 104 Kimberly Path, Apt. 1, Georgetown, KY 40324. 2. The Defendant is Lynn M. Tosh, residing at 2496 Cope Drive, Mechanicsburg, PA 17055. 3. Plaintiff seeks partial custody/visitation of the following children: NAME PRESENT RESIDENCE AGE DOB Annabelle L. Tosh 2496 Cope Drive 6 years 05/21/00 Mechanicsburg, PA 17055 Clara M. Tosh 2496 Cope Drive 4 years 12/09/02 Mechanicsburg, PA 17055 The children were not born out of wedlock. The children are presently in the custody of Defendant/Mother, who resides at 2496 Cope Drive, Mechanicsburg, PA 17055. During the past five (5) years, the children have resided with the following persons and at the following addresses: NAME Adam C. Tosh and Lynn M. Tosh RESIDENCE 2215 Spring Run Drive Mechanicsburg, PA DATE DOB to 02/01/07 Lynn M. Tosh and Marilyn Puskarich 2496 Cope Drive Mechanicsburg, PA 02/01/07 to present The Mother of the children is Defendant, Lynn M. Tosh, currently residing at 2496 Cope Drive, Mechanicsburg, PA. She is married to Plaintiff. The Father of the child is Plaintiff, Adam C. Tosh, currently residing at 104 Kimberly Path, Apt. 1, Georgetown, KY 40324. He is married to Defendant. 4. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides alone. 5. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the following persons: NAME Annabelle L. Tosh Clara M. Tosh Marilyn Puskarich RELATIONSHIP Daughter Daughter Mother 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. After an extended period of unemployment, during which period Defendant/Wife was also unemployed, Plaintiff/Father was offered employment in the State of Kentucky. B. Plaintiff did relocate to his recent address on or about February 1, 2007. C. Plaintiff/Father has a normal, loving relationship with the subject minor children. D. Plaintiff/Father should be granted a set schedule for partial custody for the purposes of visitation, along with a schedule for telephone communication with the children, so as to maintain the loving father/daughter relationships with both children. 8. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant partial custody/visitation of the children. F Dated: -4// ?/0 7 Respectfully submitted, FRIEDMAN and KING, P.C. P By:r? ohn F. King, Esquire S ID#61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Attorney for Plaintiff TO: Serratelli, Schiffman, Brown & Calhoon, P.C. Attn: Cara A. Boyanowski, Esquire 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Attorney for Defendant VERIFICATION I, Adam C. Tosh, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Adam C. Tosh Dated: 4h lJ v( b 0y 4 -?o 3 'I 11 T r.r. 1 Q l.._ i s f,_ 3 1.= lS - _ J ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, LYNN M. TOSH DEFENDANT 07-1969 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _-Thursday, April 12, 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 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 16, 2007 at 9:00 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. Sunda Es q. 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 4q 1(7 C0 £?/ h L i tit ? t JUN 19 2007 ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-1969 CIVIL ACTION LAW LYNN M. TOSH Defendant IN CUSTODY ORDER OF COURT AND NOW, this 72 \ day of _ W , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Adam C. Tosh, and the Mother, Lynn M. Tosh, shall have shared legal custody of Annabelle L. Tosh, born May 21, 2000, and Clara M. Tosh, born December 9, 2002. 2. Major decisions concerning the Children including, but not necessarily limited to, their 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 each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children 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 Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children from July 7 through July 8, 2007 in the greater Harrisburg area, with the times to be specified by the Father in an email to the Mother with the return time on July Bch to be no later than 7:00 p.m. B. The Father shall have custody of the Children for a one-week period in July or August, 2007 in the greater Harrisburg area upon providing notice by email to the Mother at least thirty a (30) days in advance. During the one-week period, the Father shall have custody for the first two (2) consecutive overnights, then the Mother shall have the Children for the next overnight period and the Father shall have custody of the Children for the remaining three (3) overnights. C. The Father shall have custody of the Children at his residence in Kentucky for an extended weekend in the Fall, 2007, for which the Mother shall accompany the Children by airline. The specific dates for the extended weekend shall be arranged by agreement between the parties, recognizing that the parties' oldest Child may miss one or two days of school for the custodial period. The Father shall be responsible to pay the expenses for the Children's airfare and the parties shall continue to discuss responsibility for the Mother's travel costs. The Father shall provide information to the Mother by email as to the specific airfare options. D. Thereafter, the parties shall continue to cooperate in establishing ongoing arrangements for the Father to regularly have periods of custody with the Children in Kentucky. In addition, the Father shall be entitled (unless the Mother has previously notified the Father of the Children's unavailability) to have custody of the Children at any time the Father travels to the greater Harrisburg area and provides at least thirty (30) days advance notice to the Mother of his intention to have custody of the Children in the local area. In the event the Father provides less than thirty (30) days advance notice to the Mother under this provision, the Father may have custody of the Children with the Mother's agreement, for which the Mother shall not unreasonably withhold consent. 5. All notices required in this Order shall be provided between the parties by email. All email communications between the parties shall be limited to the purpose of providing notice for the scheduling of custody of the Children. 6. The custodial parent shall ensure that the Children attend their regularly scheduled activities during his or her periods of custody. Decisions concerning the Children's social events shall be made by the parent having custody at the time of the event. 7. The Father shall be entitled to contact the Children by telephone regularly during the week between 7:00 p.m. and 8:00 p.m. In the event the Children are unavailable and the Father leaves a message requesting a return call, the Mother shall ensure that the Children respond in a timely manner. The Mother shall ensure that the Children contact the Father by telephone on Sundays between 12:15 p.m. and 1:15 p.m. if the Children have not already spoken with the Father on the weekend. Nothing in this provision shall be interpreted to prohibit the Father from contacting the Children by telephone at additional times. The phone calls between the Father and the Children shall not be conducted on speaker phone. 8. Counsel for either party may contact the Conciliator within six (6) months of the date of this Order to schedule a follow-up Conciliation Conference to address the regular ongoing schedule or holiday schedule, if necessary. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. 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. / i. o Father cc: F. King, Esquire - Counsel for rdra L. Meilton, Esquire - Counsel for Mother L7 C LU -- =? > ELLU i , n ? Q N ADAM C. TOSH Plaintiff VS. LYNN M. TOSH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1969 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Annabelle L. Tosh May 21, 2000 Mother Clara M. Tosh December 9, 2002 Mother 2. A custody conciliation conference was held on June 11, 2007, with the following individuals in attendance: the Mother, Lynn M. Tosh, with her counsel, Sandra L. Meilton, Esquire, and the Father, Adam C. Tosh, who participated in the conference from his residence in Kentucky, with his counsel, John F. King, Esquire. 3. The parties agreed to entry of an Order in the form as attached. J urn ?0o'7 Date Dawn S. Sunday, Esquire Custody Conciliator Sandra L. Wilton, Esquire Quintina A Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smei.ltonCa)dzmmglaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH, Plaintiff CIVIL ACTION - LAW V. No. 07-1969 (Civil Term) LYNN M. TOSH, In Custody Defendant PETITION FOR CONTEMPT OF CUSTODY ORDER AND NOW, comes the Defendant, Lynn M. Tosh, by and through her counsel and files the following Petition for Contempt of Custody Order and in support thereof avers as follows: 1. The Plaintiff, Adam C. Tosh (hereinafter "Father"), is an adult individual who currently resides at 104 Kimberly Path, Apt. 1, Georgetown, Kentucky. 2. The Defendant, Lynn Tosh (hereinafter "Mother"), is an adult individual who currently resides at 2215 Spring Run Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the parents of two minor children, namely Annabelle L. Tosh, born May 21, 2000, and Clara M. Tosh, born December 9, 2002. 4. The terms of the parties' current custodial arrangement are outlined in a custody Order entered by the Honorable Edgar B. Bayley dated June 21, 2007. A copy of the Order is attached hereto as Exhibit "A" and incorporated by reference. 5. Pursuant to the current custody Order, the parties share legal custody of Annabelle and Clara and Mother has primary physical custody of the children, with Father having periods of partial physical custody as specified in the Order. 6. The Order also directs that Father shall have custody of the children at his residence in Kentucky for an extended weekend in the Fall 2007, that Mother would accompany the girls on the trip, that "Father shall be responsible to pay the expenses for the Children's airfare" and that the "parties shall continue to discuss responsibility for the Mother's travel costs." 7. The parties came to an agreement that the trip to Kentucky would take place the weekend of October 13-15, 2007; however, Mother requested that they fly out of Harrisburg and Father requested that they fly out of Baltimore. 8. Although the cost to fly out of Harrisburg was approximately $40 more per ticket, Mother purchased tickets so that she and the children could fly out of Harrisburg and avoid the additional costs and time associated with flying out of Baltimore. 9. Although Mother had planned to travel to Kentucky with the children, when she purchased the tickets, she learned that airline regulations prohibited the girls from flying without a parent or legal guardian and therefore, Mother was required to fly with the girls. 10. Father was not in agreement with the decision to fly out of Harrisburg and he only reimbursed Mother for a portion of the children's airfare. 11. Despite numerous requests, Father has failed to comply with the terms of the custody Order and has refused to reimburse Mother the entire cost of the children's airfare to Kentucky and he has refused to discuss responsibility for Mother's travel costs, even though she was required to accompany the children. 12. Prior to the Kentucky trip, Father had custody of the children the weekend of September 21-23, 2007. 13. Prior to the visit, the parties agreed that Father would return the children to Mother by 6:00 p.m. on Sunday, September 23, 2007. 14. Father failed to return the children to Mother by the agreed upon time and was more than an hour late returning the children to Mother without notification to Mother that they would be late until ten minutes prior to their arrival at Mother's. 15. Since the entry of the custody Order, Father has repeatedly disregarded the terms of the custody Order and the agreements reached between the parties. 16. During a visit with the children in July, Father took the children to Baltimore despite the Order stating that the visit would occur in the greater Harrisburg area, and despite confirmation through Father's counsel that the children would not be leaving the greater Harrisburg area. 17. The Order further states that the "custodial parent shall ensure that the children attend their regularly scheduled activities during his or her periods of custody"; however the children have missed activities or events when they have been with Father. 18. Mother believes and therefore avers that during the children's visit to Kentucky, Father instructed the children not to tell Mother certain things and that discussions occurred in the presence of the children regarding the issues between the parties. 19. Mother further believes and therefore avers that during Father's visits, the girls were not provided their needed medication, which caused problems for the children. 20. Mother respectfully requests this Honorable Court to require Father to reimburse Mother the entire cost of the children's airfare to Kentucky and to reimburse Mother for a share of the expenses she incurred in accompanying the children to Kentucky. 21. Mother further requests that Father, be directed to refrain from having any conversations with the children regarding the current custody situation in front of or to the children. Father shall also ensure that any third parties refrain from such conversations in the presence of the children. 22. Mother has incurred legal fees of approximately Seven Hundred and Fifty ($750.00) Dollars as a result of Father's failure to follow the June 21, 2007 custody Order and respectfully requests that this Honorable Court Order Father to pay these costs. 23. On October 30, 2007, Plaintiff's Counsel was contacted by telephone to seek concurrence of the filing of this Petition; however concurrence was not provided. WHEREFORE, Defendant respectfully requests this Honorable Court to grant this Petition for Contempt of Custody Order and direct the follow: a. Order Father to reimburse Mother the entire cost of the children's airfare to Kentucky and to reimburse Mother a share of the expenses she incurred in accompanying the children to Kentucky. b. Order Father to refrain from having any conversations with the children regarding the current custody situation in front of or to the children. Father shall also ensure that any third parties refrain from such conversations in the presence of the children. C. Order Father to pay Mother's counsel fees in the amount of Seven Hundred and Fifty ($750.00) Dollars. d. Any and all other relief as this Honorable Court deems appropriate. Respectfully submitted, Date: DALEY ZUCKER MEILTON MlNf R & GINGRICH, L C 4Sdr,,a L. Meilton, Esquire Attorney I.D. # 32551 Quintina M. Laudermilch, Esquire Attorney I.D. # 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Defendant R VERIFICATION I, Lynn M. Tosh, verify that the statements made in this Petition for Contempt of Custody Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. )6 Date: iL30 JA:1 Lynn . Tosh, Defendant CERTIFICATE OF SERVICE I, Jennifer L. Carl, Paralegal, hereby certify that on this day of October, 2007, a true and correct copy of the foregoing Petition for Contempt was placed in the United States Mail, Postage pre-paid, addressed as follows: John F. King, Esquire FRIEDMAN & KING, PC 3820 Market Street Camp Hill, PA 17011 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC I I O f ? C '_' - , ? nr fifer L. akl, Paraalegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 .?,,,Z ?? t V ?? V a ? ? ? --__? ?..? <? ? ?? C= t ? ?t ?, t ?. ? <Y,,.) ??) . ?'i1 ? C,? (?? .mow. ^?" ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2007-1969 CIVIL ACTION LAW LYNN M.TOSH IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, November 07, 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 39 West Main Street, Mechanicsburg, PA 17055 on Monday, December 03, 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: /s/ 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 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 I?w 7,, 4, -? Io`d L_ ii0N L t,0G tti? t t I S1-'1 LJ cis ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2007-1969 CIVIL ACTION LAW LYNN M. TOSH Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?Z- day of 200_, upon consideration of the attached Custody Conciliation Report, it is ordered an directed as follows: 1. The prior Order of this Court dated June 21, 2007 shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Children in accordance with the following schedule: A. SCHOOL YEAR: In odd numbered years, the Father shall have custody of the Children for the entirety of their school break over Presidents' Day weekend, Easter/Spring Break and Columbus Day weekend, and for the first half of the Christmas holiday break, which in 2007 will run from December 22 through 27. In even numbered years, the Father shall have custody of the Children over the entire school break for Presidents' Day weekend, Memorial Day weekend and Thanksgiving, and during the second one-half of the Christmas school break. In addition, the Father shall be entitled to have custody of the Children in Pennsylvania during each month when the Father does not have a period of holiday custody as previously designated in this provision on the third weekend of each month from after school at the beginning of the weekend through 7:00 p.m. on the day before school resumes. In the event the Mother has a holiday period of custody on the third weekend of the month, then the Father's period of custody shall take place on the second weekend of the month. B. SUMMER SCHOOL BREAK: During the summer school break each year, the Father shall have custody of the Children during two (2) two-week periods. The first custodial period shall include the last week of June and the first week of July, and the second period shall include the last week of July and the first week of August. Unless otherwise agreed, the custodial periods under this provision shall begin and end on Saturday. 3. The Father shall be responsible to pay the costs of the Children's airfare between the Baltimore/Washington Airport and Louisville International Airport, including any additional costs imposed by the airline for supervising the Children if they are traveling alone. The Mother shall be responsible to pay any costs of her own airfare if she elects to travel with the Children. In addition, if the Mother chooses to arrange flights for the Children out of Harrisburg rather than Baltimore, the 0? Mother shall be responsible to pay any additional costs of the airfare over and above the costs for the flights originating from Baltimore. 4. To compensate for past airfare incurred, the Father shall pay to the Mother seventy dollars ($70.00) representing the Mother's unreimbursed airfare costs ($25.00) and one-half ($45.00) of the difference in cost between flights originating in the two airports. The payment shall be made within ten (10) days of the date of this order. 5. In the event either party intends to remove the Children from the local area for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Children can be contacted. 6. In making arrangements for the Children pursuant to this Order, the parties shall minimize interference with the Children's regularly scheduled activities as much as possible. The parties shall cooperate in keeping each other advised of the Children's whereabouts and notifying each other when exigent circumstances arise which affect the custody schedule. 7. In the event it is necessary for the Father to leave a message during telephone calls made between 7:00 p.m. and 8:00 p.m. pursuant to the prior Order of this Court, the Mother shall ensure that the Children return the Father's call before bedtime. 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 sent. the absence of mutual consent, the terms of this Order shall control. BY THE Edgar B. Bayley / J. cc: hn F. King, Esquire - Counsel for Father ..,Wntina M. Laudermilch, Esquire - Counsel for Mother 4 r N ar' ?, .?? .,_ ts ? :-, _ ?. i ..: ,- c? -- _„_ ? `? ? ? ' - y r-- ?-- r.._. -??- ?' v to ? ADAM C. TOSH Plaintiff VS. LYNN M. TOSH Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-1969 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Annabelle L. Tosh May 21, 2000 Mother Clara M. Tosh December 9, 2002 Mother 2. A custody conciliation conference was held on December 3, 2007, with the following individuals in attendance: the Father, Adam C. Tosh, with his counsel, John F. King, Esquire, and the Mother, Lynn M. Tosh, with her counsel, Quintina M. Laudermilch, Esquire. 3. The Mother filed a Petition for Contempt with regard to payment arrangements for the Children's and the Mother's airfare for the Father's periods of partial custody, among other issues. Both parties requested at the time of the conference that ongoing arrangements be established for partial custody as the scheduling set forth in the prior Order does not go beyond the present. 4. The parties agreed to entry of an Order in the form as attached. _ 0J-awAx4 Ji oZbU Date Dawn S. Sunday, Esquire Custody Conciliator Sandra L. Wilton, Esquire Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton ,dLn law.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH, Plaintiff CIVIL ACTION - LAW V. No. 07-1969 (Civil Term) LYNN M. TOSH, In Custody Defendant PETITION REQUESTING CUSTODY CONCILIATION AND NOW, comes the Defendant, Lynn M. Tosh, by and through her counsel and files the following Petition Requesting Custody Conciliation: 1. The Plaintiff, Adam C. Tosh (hereinafter "Father"), is an adult individual who currently resides at 179 Regency Point Path, Lexington, Kentucky. 2. The Defendant, Lynn Tosh (hereinafter "Mother"), is an adult individual who currently resides at 2215 Spring Run Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are the parents of two minor children, namely Annabelle L. Tosh, born May 21, 2000, and Clara M. Tosh, born December 9, 2002. 4. The terms of the parties' current custodial arrangement are outlined in custody Orders entered by the Honorable Edgar B. Bayley dated June 21, 2007 and December 21, 2007. A copy of the Orders are attached hereto as Exhibit "A" and incorporated by reference. 5. The above-referenced custody Orders were entered after custody conciliation conferences that took place on June 11, 2007 and December 3, 2007 before Dawn S. Sunday, Esquire. 6. Issues and questions have arisen with regarding to the current custody Orders that must be addressed and clarified prior to the upcoming summer visit, which is scheduled to occur on or about June 21, 2008. 7. Defendant believes said issues can be resolved through a custody conciliation conference before Dawn S. Sunday, Esquire. 8. On June 5, 2008, a copy of this petition was forwarded to Plaintiff's Counsel via fax and Plaintiff's Counsel was contacted by telephone to seek concurrence of the filing of this Petition. As of the filing of this Petition, Defendant's Counsel has been unable to obtain concurrence with the filing of the Petition. WHEREFORE, Defendant respectfully requests this Honorable Court to grant this Petition Requesting Custody Conciliation and schedule a Custody Conciliation Conference before Dawn S. Sunday, Esquire on or before June 21, 2008. Respectfully submitted, DALEY ZUCKER MEILTON / f MINJER & GINGRICH, LLC Date: 111 ( 6Sara L. Meilton, Esquire Attorney I.D. # 32551 Quintina M. Laudermilch, Esquire Attorney I.D. # 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Defendant VERIFICATION I, Lynn M. Tosh, verify that the statements made in this Petition Requesting Custody Conciliation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: L . Tosh, Defendant EXHIBIT "A" JUN 19 2007 ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-1969 CIVIL ACTION LAW LYNN M. TOSH Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2) -_ day of duma) , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Adam C. Tosh, and the Mother, Lynn M. Tosh, shall have shared legal custody of Annabelle L. Tosh, born May 21, 2000, and C1ara'M. Tosh, born December 9, 2002. 2. Major decisions concerning the Children including, but not necessarily limited to, their 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 each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day today 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 Mother shall have primary physical custody of the Children. 4. The Father shall have partial physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children from July 7 through July 8, 2007 in the greater Harrisburg area, with the times to be specified by the Father in an email to the Mother with the return time on July 8`h to be no later than 7:00 p.m. B. The Father shall have custody of the Children for a one-week period in July or August, 2007 in the greater Harrisburg area upon providing notice by email to the Mother at least thirty (30) days in advance. During the one-week period, the Father shall have custody for the first two (2) consecutive overnights, then the Mother shall have the Children for the next overnight period and the Father shall have custody of the Children for the remaining three (3) overnights. C. The Father shall have custody of the Children at his residence in Kentucky for an extended weekend in the Fall, 2007, for which the Mother shall accompany the Children by airline. The specific dates for the extended weekend shall be arranged by agreement between the parties, recognizing that the parties' oldest Child may miss one or two days of school for the custodial period. The Father shall be responsible to pay the expenses for the Children's airfare and the parties shall continue to discuss responsibility for the Mother's travel costs. The Father shall provide information to the Mother by email as to the specific airfare options. D. Thereafter, the parties shall continue to cooperate in establishing ongoing arrangements for the Father to regularly have periods of custody with the Children in Kentucky. In addition, the Father shall be entitled (unless the Mother has previously notified the Father of the Children's unavailability) to have custody of the Children at any time the Father travels to the greater Harrisburg area and provides at least thirty (30) days advance notice to the Mother of his intention to have custody of the Children in the local area. In the event the Father provides less than thirty (30) days advance notice to the Mother under this provision, the Father may have custody of the Children with the Mother's agreement, for which the Mother shall not unreasonably withhold consent. 5. All notices required in this Order shall be provided between the parties by email. All email communications between the parties shall be limited to the purpose of providing notice for the scheduling of custody of the Children. 6. The custodial parent shall ensure that the Children attend their regularly scheduled activities during his or her periods of custody. Decisions concerning the Children's social events shall be made by the parent having custody at the time of the event. 7. The Father shall be entitled to contact the Children by telephone regularly during the week between 7:00 p.m. and 8:00 p.m. In the event the Children are unavailable and the Father leaves a message requesting a return call, the Mother shall ensure that the Children respond in a timely manner. The Mother shall ensure that the Children contact the Father by telephone on Sundays between 12:15 p.m. and 1:15 p.m. if the Children have not already spoken with the Father on the weekend. Nothing in this provision shall be interpreted to prohibit the Father from contacting the Children by telephone at additional times. The phone calls between the Father and the Children shall not be conducted on speaker phone. 8. Counsel for either party may contact the Conciliator within six (6) months of the date of this Order to schedule a follow-up Conciliation Conference to address the regular ongoing schedule or holiday schedule, if necessary. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. 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, Icj cc: John F. King, Esquire - Counsel for Father Sandra L. Meilton, Esquire - Counsel for Mother In T65f:; _..t my hand and t s, ;? , Pa. ?, 'DEC'1 ? 2001 ADAM C. TOSH Plaintiff vs. LYNN M. TOSH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-1969 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 200_, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated June 21, 2007 shall continue in effect as modified by this Order. 2. The Father shall have partial physical custody of the Children in accordance with the following schedule: A. SCHOOL YEAR: In odd numbered years, the Father shall have custody of the Children for the entirety of their school break over Presidents' Day weekend, Easter/Spring Break and Columbus Day weekend, and for the first half of the Christmas holiday break, which in 2007 will run from December 22 through 27. In even numbered years, the Father shall have custody of the Children over the entire school break for Presidents' Day weekend, Memorial Day weekend and Thanksgiving, and during the second one-half of the Christmas school break. In addition, the Father shall be entitled to have custody of the Children in Pennsylvania during each month when the Father does not have a period of holiday custody as previously designated in this provision on the third weekend of each month from after school at the beginning of the weekend through 7:00 p.m. on the day before school resumes. In the event the Mother has a holiday period of custody on the third weekend of the month, then the Father's period of custody shall take place on the second weekend of the month. B. SUMMER SCHOOL BREAD: During the summer school break each year, the Father shall have custody of the Children during two (2) two-week periods. The first custodial period shall include the last week of June and the first week of July, and the second period shall include the last week of July and the first week of August. Unless otherwise agreed, the custodial periods under this provision shall begin and end on Saturday. 3. The Father shall be responsible to pay the costs of the Children's airfare between the Baltimore/Washington Airport and Louisville International Airport, including any additional costs imposed by the airline for supervising the Children if they are traveling alone. The Mother shall be responsible to pay any costs of her own airfare if she elects to travel with the Children. In addition, if the Mother chooses to arrange flights for the Children out of Harrisburg rather than Baltimore, the Mother shall be responsible to pay any additional costs of the airfare over and above the costs for the flights originating from Baltimore. 4. To compensate for past airfare incurred, the Father shall pay to the Mother seventy dollars ($70.00) representing the Mother's unreimbursed airfare costs ($25.00) and one-half ($45.00) of the difference in cost between flights originating in the two airports. The payment shall be made within ten (10) days of the date of this order. 5. In the event either party intends to remove the Children from the local area for an overnight period or longer, that parent shall provide advance notice to the other parent of the address and telephone number where the Children can be contacted. 6. In making arrangements for the Children pursuant to this Order, the parties shall minimize interference with the Children's regularly scheduled activities as much as possible. The parties shall cooperate in keeping each other advised of the Children's whereabouts and notifying each other when exigent circumstances arise which affect the custody schedule. 7. In the event it is necessary for the Father to leave a message during telephone calls made between 7:00 p.m. and 80:00 p.m. pursuant to the prior Order of this Court, he Mother shall ensure that the Children return the Father's call before bedtime. 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, 1.51 (? . h 1 0 Edgar B. B ley J. cc: John F. King, Esquire - Counsel for Father Quintina M. Laudermilch, Esquire - Counsel for Mother eCC> D T R !J, "{.fir 318(1".1 n _.r 1o;;J, P 7a0 4 'r, i sa and ! 5°l8E e a o ' 4j, ...«...! r ay f....?A.:...r CERTIFICATE OF SERVICE qt" I, Amanda M. Shull, Paralegal, hereby certify that on this day of June 2008, a true and correct copy of the foregoing Petition Requesting Custody Conciliation was hand delivered to Plaintiff's Counsel at the following address: John F. King, Esquire FRIEDMAN & KING, PC 3820 Market Street Camp Hill, PA 17011 (717) 236-8080 (fax) DALEY ZUCKER MEILTON MINER & GINGRICH, LLC of ?ZUI.:16z z Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 C'? cr r .-a ro qi ? -rt 5 rn ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LYNN M.TOSH DEFENDANT 2007-1969 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 09, 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 Tuesday, June 10, 2008 at 11:30 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. 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 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 n t? C7 b G'? V i G , i? A r t '3 till ? y _ c. ;_.: > C 1 a co -? lc t ?S s. t- p c. A? { ?C C 0-1 JUN 13 2008 ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-1969 CIVIL ACTION LAW LYNN M. TOSH Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ???t?--- 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated December 21, 2007 and June 21, 2007 shall continue in effect as modified by this Order. 2. The Mother shall notify the Mother's counsel by June 18, 2008 as to whether the Mother will be accompanying the Children during their flights to and from the Father's residence in Kentucky for his period of custody from July 26, 2008 through August 9, 2008. In the event the Mother will be accompanying the Children and agrees to use the Baltimore Washington International Airport for the point of departure and return, for which the Father has already purchased roundtrip tickets for the Children, the Mother shall make the arrangements for and pay the cost of her individual ticket on those flights. In the event the Mother chooses to arrange alternative flights for the Children out of Harrisburg, rather than Baltimore, the Mother shall purchase the tickets for herself and the Children, for which the Father shall reimburse the Mother in the amount of the cost of the Children's tickets using the Harrisburg airport or the cost of the Children's tickets using the Baltimore airport, whichever cost is less. If the Mother chooses to arrange flights from Harrisburg, the Mother shall be responsible for the additional cost for the Children's tickets above the cost of the tickets arranged from the Baltimore airport. In the event the Mother chooses to arrange flights for herself and the Children from the Harrisburg airport, the Father shall cancel the tickets previously purchased for the Children from the Baltimore airport and shall be responsible to pay the fees assessed for using the tickets at a later date. 3. The Father shall provide, through counsel, information promptly to the Mother as to which airport the Mother should use as a destination in Kentucky. 4. The Father shall provide photographs of the interior and exterior of his residence to the Mother, by email if possible, prior to the Father's first summer period of custody. 5. The Mother shall provide to the Father, through counsel, copies of letters from the Children's physician indicating medications which are recommended for the Children. The Father shall administer the medications to the Children as recommended by their physician. 6. Both parties shall ensure that the Children's homework is completed during his or her periods of custody. 7. Both parties shall provide adequate supervision for the Children during his or her periods of custody. 8. 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: " Richard Friedman Esquire - Counsel for Father ?Quintina M. Laudermilch, Esquire - Counsel for Mother 1,/ o / C)8 1-ilyn am c .- ?- Ck- r 1'a c o CL- r Q ? N y a - ? ADAM C. TOSH Plaintiff VS. LYNN M. TOSH Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-1969 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Annabelle L. Tosh May 21, 2000 Mother Clara M. Tosh December 9, 2002 Mother 2. A custody conciliation conference was held on June 10, 2008, with the following individuals in attendance: the Mother, Lynn M. Tosh, with her counsel, Quintina M. Laudermilch, Esquire, and the Father's counsel, Richard Friedman, Esquire (for John F. King, Esquire). The Father, Adam C. Tosh, resides in Kentucky and was not present at the conference. 3. The conciliator recommends an Order in the form as attached. In addition to the terms of the attached recommended Order, it was agreed that the parties' counsel would continue to work together in establishing a Stipulation for entry as an Order providing specific details regarding the Father's periods of custody during the summer school breaks, including deadlines and further designation of the parties' roles in making transportation arrangements. It was also agreed that the parties would further consider the appointment of a Parent Coordinator to assist them in making ongoing decisions for the Children in light of the parents' inability to communicate and make joint decisions concerning the Children. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH, Plaintiff Docket No. 2007-1969 V. CIVIL ACTION-LAW LYNN M. TOSH, (In Custody) Defendant STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this r Sf- day of l k , 2008, by and between Adam C. Tosh (hereinafter referred to as "Father") and Lynn M. Tosh (herein after referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Parties are the natural parents of two (2) minor children, namely, Annabelle L. Tosh, whose date of birth is May 21, 2000 and Clara M. Tosh, whose date of birth is December 9, 2002; and WHEREAS, Mother has primary physical custody of the children and Father has periods of physical custody with the children as outlined in the June 21, 2007, December 12, 2007 and June 17, 2008 custody Orders entered by the Honorable Edgar B. Bayley; and WHEREAS, the parties wish to work together to make decisions that they believe are currently in the best interest of the children; and WHEREAS, the parties have reached an agreement to amend the existing custody Orders; and WHEREAS, the parties now wish to formalize and memorialize the terms of their agreement; and WHEREAS, the parties wish the terms contained herein to supersede the aforementioned Orders of June 21, 2007, December 12, 2007 and June 17, 2008; and WHEREAS, both Father and Mother request that the following Custody Stipulation and Agreement be entered as a Court Order. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. The parties hereby agree to share legal custody of the children. 2. Major decisions concerning the 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 each child's best interest. Neither party shall impair the other party's rights to shared legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstances concerning the children 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 then 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.S.C.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. Mother shall have primary physical custody of the children. 4. Father shall have physical custody of the children in accordance with the following schedule: A. School Year: In odd numbered years, Father shall have custody of the children for the entirety of their school break over President's Day weekend, Easter/Spring Break and Columbus Day weekend, and for the first half of the Christmas holiday break, which will run from December 23 through 27 (with the children returning to Mother on December 27). In the event the children still have school on December 23, then the first half of the break will begin on December 24 and end December 28. In even numbered years, Father shall have custody of the children over the entire school break for President's Day weekend, Memorial Day weekend, Thanksgiving, and during the second half of the Christmas holiday break, which will run from December 28 through January I (with the children returning to Mother on January 1). In addition, Father shall also be entitled to have custody of the children in Pennsylvania during each month when the Father does not have a period of holiday custody, as previously designated, on the third weekend of each month from 4:00 p.m. on the last day of school, prior to the beginning of the weekend through 5:00 p.m. on the day before school resumes. In the event Mother has a holiday period of custody on the third weekend of the month, then Father's period of custody shall take place on the second weekend of the month. B. Summer: During the summer school break each year, Father shall have custody of the children during two (2) two-week periods. The first custodial period shall include the last week of June and the first week of July, and the second period shall include the last week of July and the first week of August. Unless otherwise agreed to by the parties, the custodial periods under this provision shall begin and end on Saturday. 5. In the event Father elects to commence physical custody during the holiday or summer periods as set forth above in a location other than the greater Harrisburg area, the Father shall schedule and purchase the airline tickets for the children, with all flights originating from either BWI or MDT Airport. The Father shall be responsible for the cost of the children's roundtrip airfare, including costs imposed by the airline for providing airline supervision for the children. 6. In the event Mother elects to travel with the children, she shall be responsible to pay all the costs associated with her travel. 7. Prior to purchasing the children's airline tickets as set forth in Paragraph 5, the Father shall provide written notice, via email, of the proposed transportation arrangements, (including costs of the tickets, destination airport, and whether or not the Father will be accompanying the children on either the departing or returning flight) to the Mother no later than ninety (90) days prior to the first day of the scheduled period except for Christmas 2008, which notice shall be provided within seven (7) days of execution of this Stipulation. In the event Father fails to provide said notification within the timeframe provided, the scheduled visit shall not include flight transportation. 8. Within fourteen (14) days (not including the date of notification and calculated as actual days including weekends and holidays) of the date of notification from Father as required in Paragraph 7 herein, the Mother shall notify the Father via email if she intends to provide alternate transportation for the children for the scheduled period from an alternate airport to the destination airport as identified by Father. If Father intends to enjoy his custodial period at his residence in Kentucky, nothing shall preclude Mother from arranging flights to an airport closer to Father's residence or to the Cincinnati airport. In the event Mother chooses alternate transportation for the children within the fourteen (14) day period provided herein, she will notify the Father of the alternate transportation and provide written verification of the purchase of the tickets for the children within the same fourteen (14) day period as provided herein. Such notification shall include the airline, flight numbers, flight dates (which shall be the same dates and approximate time as proposed by Father) and departure/arrival times, and shall be provided via email by midnight on the fourteenth (14`h) day. 9. In the event notification is not received by the Father from the Mother, via email, within said fourteen (14) days (not including the date of notification and calculated as actual days including weekends and holidays), the Father shall purchase airline tickets for the children as previously proposed in Paragraph 7. Upon the purchase of the children's airline tickets, the Father shall provide written verification to the Mother, via email, of the itinerary, including the airline, flight numbers, flight dates and departure/arrival times. Such notification shall be provided within forty-eight (48) hours of purchase of the tickets. 10. If the Mother elects to arrange alternate flights for the children as outlined in Paragraph 8, the Mother shall be responsible for all costs incurred for the purchase of the children's tickets. Upon receipt of written verification that the Mother has purchased the children's tickets for the scheduled period (which notification shall be provided within the fourteen (14) day period as set forth above), the Father will reimburse Mother an amount equal to the cost for the transportation of the children incurred by Mother, or the cost of the transportation proposed by Father as outlined in Paragraph 7, whichever is less. The Father shall provide the reimbursement amount to the Mother not more than fifteen (15) days after notification and verification by the Mother. 11. All written communications regarding the children's transportation will be provided via email. 12. The non-custodial parent shall be entitled to contact the children by telephone regularly during the week between 7:00 p.m. and 8:00 p.m. The custodial parent shall ensure that the children contact the non-custodial parent by telephone on Sundays between 12:15 p.m. and 1:15 p.m. if the children have not already spoken to the non-custodial parent on the weekend. Nothing in this provision shall be interpreted to prohibit the non-custodial parent from contacting the children by telephone at additional times. The phone calls between the non-custodial parent and the children shall not be conducted on speaker phone. If appropriate from time to time, the custodial parent shall not unreasonably deny the children's wishes to call the non-custodial parent. 13. In the event it is necessary for the non-custodial parent to leave a message during telephone calls made between 7:00 p.m. and 8:00 p.m., the custodial parent shall ensure that the children return the non-custodial parent's call before bedtime. 14. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and affection for the other parent. Both parties shall ensure that third parties having contact with the children comply with this provision. 15. In the event either party plans to remove the children from their respective homes for an overnight period or longer, that parent shall, immediately upon making such plans, provide notice to the other parent of the address and telephone number where the children can be contacted. In addition, for Father's weekend visits in Pennsylvania, the Father shall, immediately upon making such arrangements, provide notice to the Mother of the address and phone number where the children can be contacted. 16. The Mother shall provide to the Father, through counsel, copies of letters from the children's physician indicating medications which are recommended and/or prescribed for the children. The Father shall administer the medications to the children as recommended and/or prescribed by their physician. 17. Both parties shall ensure that the children's homework is completed during his or her periods of custody. 18. Both parties shall provide adequate supervision for the children during his or her period of custody. In the event the parties elect to enroll the children in a day care program or summer day camp program (or change the current day care program) or in the event the parties elect to hire a private day care provider, the parties agree to provide written notification to the other party of the name and contact information of the day care arrangements. Said notification shall be provided two (2) weeks prior to the children beginning said day care arrangements. 19. In making arrangements for the children pursuant to this Stipulation, the parties shall minimize interference with the children's regularly scheduled activities as much as possible. The parties shall cooperate in keeping each other advised of the children's whereabouts and notifying each other when exigent circumstances arise which affect the custody schedule. 20. This Agreement is intended by the parties to be entered as an Order of Court pursuant to an agreement of the parties. The parties may modify the provisions of the Order by mutual consent, which consent shall be in writing and executed by the parties. In the absence of mutual consent, the terms of this Order shall control. All previous Orders are hereby suspended by the terms contained herein. 21. This Agreement may be signed in any number of counterparts with the same effect as if the signature thereto and hereto were upon the same instrument. John F. King, Esquire ?tina M. Laudermilch, Esquire Adam C. Tosh, Plaintiff q,? ?- 1 L M. Tosh, Defendant 19. In making arrangements for the children pursuant to this Stipulation, the parties shall minimize interference with the children's regularly scheduled activities as much as possible. The parties shall cooperate in keeping each other advised of the children's whereabouts and notifying each other when exigent circumstances arise which affect the custody schedule. 20. This Agreement is intended by the parties to be entered as an Order of Court pursuant to an agreement of the parties. The parties may modify the provisions of the Order by mutual consent, which consent shall be in writing and executed by the parties. In the absence of mutual consent, the terms of this Order shall control. All previous Orders are hereby suspended by the terms contained herein. 21. This Agreement may be signed in any number of counterparts with the same effect as if the signature thereto and hereto were upon the same instrument. Quintina M. Laudermilch, Esquire tz ? Adam C. Tosh, P aintif, j`? Lynn M. Tosh, Defendant acs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH, Plaintiff Docket No. 2007-1969 V. CIVIL ACTION-LAW LYNN M. TOSH, (In Custody) Defendant ORDER JAN 12 2009 4? AND NOW, this day of 2009, upon consideration of the attached Stipulation and Agreement for Custody, it is hereby NRDERED that the Stipulation and Agreement for Custody is incorporated herein as an Order of Court. BY I J. ? cn cam=-: ? CD t5 C tV ADAM C. TOSH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1969 CIVIL TERM LYNN M. TOSH, IN CUSTODY Defendant PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of John F. King, Esquire, and Friedman & King, P.C., on behalf of Plaintiff, Adam C. Tosh, in the above-captioned matter. FRIEDMAN &KING, PQ. By ohn F. King 9 South Hanover Suite 103 Carlisle, PA 17013 qr (717) 258-4343 Dated: 3 l 2 0 J (717) 422-5526 (fax) PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Debra D. Cantor, Esquire, and McNees Wallace & Nurick LLC, on behalf of Plaintiff, Adam C. Tosh, in the above-captioned matter. McNEES WALLACE & NURICK LLC By Dated: 11 pro'k /67I 'A " 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (fax) dcantor _mwn.com CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Quintina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich LLC 1029 Scenery Drive Harrisburg, PA 17109 6 vaj&q 11' nne M. Barnhart Dated: March Ili, 2009 *.? --,? ?? .:.?. ? ?? r-r-i ;?-, ; ;-; - ?.?? - , +, ?, ._ ? _? ? --:` w... m? ADAM C. TOSH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-1969 LYNN M. TOSH, : CIVIL ACTION - LAW Defendant : IN DIVORCE PR.AECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Defendant, Lynn M. Tosh, in the above- captioned action. Date: lo Ix Laq _ Q@ntina M. Laudermilch, Esquire Daley Zucker Meilton Miner & Gingrich 1029 Scenery Drive Harrisburg, PA 17109 717.657.4795 TO THE PROTHONOTARY: Please enter the appearance of Courtney Kishel Powell, Esquire, on behalf of the Defendant, Lynn M. Tosh, in the above-captioned action. Date: 'v 'l 'a a By: Courtney Kishel el Esquire James, Smith, Die ck & Connelly, LLP Post Office Box 650 Hershey, PA 17033 717.533.3280 PA I.D. No. 81509 7*1 j t+pt" 2M OCT 22 H-1 2. 4'.11 MCNEES WALLACE & NURICK LLC Debra Denison Cantor I.D. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 717) 260-1667 facsimile dcantor(@mwn.com Attorneys for Plaintiff 2010 FE B 12 1'f l l : to g 1'.:. 1I `I ADAM C. TOSH, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA LYNN M. TOSH, NO: 07-1969 Defendant. IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Adam C. Tosh, by and through his counsel, McNees Wallace & Nurick LLC, and files a Petition for Special Relief as follows: 1. Plaintiff, Adam C. Tosh ("Father"), is an adult individual residing at P.O. Box 742, Lexington, Kentucky 40588. 2. Defendant, Lynn M. Tosh ("Mother"), is an adult individual residing at 2496 Cope Drive, Mechanicsburg, Cumberland County, Pa., 17055. 3. The parties are the natural parents of two minor children ("Children"), namely Annabelle L. Tosh, date of birth: May 21, 2000, and Clara M. Tosh, date of birth: December 9, 2002. 4. A custody Order in this matter was entered on January 20, 2009, and is attached hereto as Exhibit "A." 7o.00.a4 3 75Y6 5. Pursuant to the Order, Mother and Father were granted shared legal custody. Mother was granted primary physical custody and Father has rights of partial physical custody. 6. Due to the distance between Father and Children, this Order essentially provides Father with one weekend per month and additional holiday and summer vacation time. 7. Specifically, Father is provided custody for the entirety of the childrens' school break over President's Day weekend. 8. Pursuant to this Court Order, Father made plans to travel to Pennsylvania to spend President's Day weekend with his Children. Father is set to arrive today, February 12, 2010, and return in the afternoon on Monday, February 15, 2010. However, due to the recent significant snow fall, the girls' school has scheduled Monday, February 15, 2010, as a make-up school day. As a result, Father will lose one day of his custodial time due to this change of schedule. 9. Father has requested directly with Mother and through counsel, to pick up the Children immediately at the end of school on Friday and keep them until Monday morning, delivering them to school. This allows Father to maximize his time with the Children while honoring the commitment to attend school on Monday. Mother has advised Father that the Children are scheduled for activities on Friday night, three activities Saturday, and one activity on Sunday. 10. Mother has also indicated that the Children must be picked up at her home at 4:00 p.m. rather than upon the completion of school and be returned to her by 7:00 p.m. on Sunday. 11. Mother lists a myriad of reasons why the Children should stick to this particular schedule and attend all of their activities. None of these reasons supersede the 2 importance of the Children spending time with their Father. 12. Father has agreed to take the Children to their activity on Friday evening which begins at 4:30 p.m. A 4:00 p.m. pickup will not allow them any transition time between pickup and delivery to the Friday evening event. 13. Father has agreed all homework for the Children will be completed and has assured Mother that they will be prepared to return to school on Monday. 14. Father has indicated a desire to spend the entire day on Saturday with the Children, especially since his vacation period with the girls has been limited. 15. During the last custodial visit, Mother's behavior caused such interference with the exchange of the Children that Father's custody of the Children was delayed for several hours. In order to address this, counsel suggested that exchanges take place at the school so that Mother and Father do not need to interact to the detriment of Father's custodial schedule. 16. In addition, counsel has suggested that Mother allow Father to enjoy his custodial time without interference by remaining away from activities to which the girls will attend during his brief custodial period. Mother has refused and will be in attendance on Friday and the events on Saturday should Father take the Children. 17. Mother has engaged in a continuing practice of attempting to interfere with the parental relationship between Father and Children, including having all calls between Father and the Children be on speaker phone so she may hear the contents. 18. Mother has approximately 90% of the custodial time with the Children and will not honor Father's desire to have uninterrupted custodial time with his Children. 19. Judge Bayley signed the previous Orders in this case. WHEREFORE, Plaintiff, Adam C. Tosh, requests this Honorable Court to enter an Order granting him custodial time from immediately following school today until Monday, February 15, 2010 when he delivers the Children to school. Plaintiff also requests an Order that Mother refrain from attending any of the Childrens' activities during Father's custodial time or, in the alternative, allow Father to determine which activities the Children shall attend. Respectfully submitted, McNEES WALLACE & NURICK LLC By D a ntor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantor(a)-mwn.com Attorneys for Plaintiff, Adam C. Tosh Dated: d1l g 1l Q 4 JAN 1 2 2009 cn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH, Plaintiff Docket No. 2007-1969 V. LYNN M. TOSH, Defendant AND NOW, s -40 - day of 2009, upon consideration of the attached Stipulation and Agreement for Custody, it is here f k ORDERED that the Stipulation and Agreement for Custody is incorporated herein as an Order of Court. BY THE COURT: 7 v CIVIL ACTION-LAW (In Custody) ORDER 74f tow to lF?t7efr.. s2t. day c Gn+??¦ l ..+ othonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH, Plaintiff Docket No. 2007-1969 V. CIVIL ACTION-LAW LYNN M. TOS.H, (In Custody) Defendant STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this day of - , 2008, by and between Adam C. Tosh (hereinafter referred to as "Father") and Lynn M. Tosh (herein after referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Parties are the natural parents of two (2) minor children, namely, Annabelle L. Tosh, whose date of birth is May 21, 2000 and Clara M. Tosh, whose date of birth is December 9, 2002; and WHEREAS, Mother has primary physical custody of the children and Father has periods of physical custody with the children as outlined in the June 21, 2007, December 12, 2007 and June 17, 2008 custody Orders entered by the Honorable Edgar B. Bayley; and WHEREAS, the parties wish to work together to make decisions that they believe are currently in the best interest of the children; and WHEREAS, the parties have reached an agreement to amend the existing custody Orders; and WHEREAS, the parties now wish to formalize and memorialize the terms of their agreement; and WHEREAS, the parties wish the terms contained herein to supersede the aforementioned Orders of June 21, 2007, December 12, 2007 and June 17, 2008; and WHEREAS, both Father and Mother request that the following Custody Stipulation and Agreement be entered as a Court Order. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. The parties hereby agree to share legal custody of the children. 2. Major decisions concerning the 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 each child's best interest. Neither party shall impair the other party's rights to shared legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstances concerning the children 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 then 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.S.C.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. Mother shall have primary physical custody of the children. 4. Father shall have physical custody of the children in accordance with the following schedule: A. School Year: In odd numbered years, Father shall have custody of the children for the entirety of their school break over President's Day weekend, Easter/Spring Break and Columbus Day weekend, and for the first half of the Christmas holiday break, which will run from December 23 through 27 (with the children returning to Mother on December 27). In the event the children still have school on December 23, then the first half of the break will begin on December 24 and end December 28. In even numbered years, Father shall have custody of the children over the entire school break for President's Day weekend, Memorial Day weekend, Thanksgiving, and during the second half of the Christmas holiday break, which will run from December 28 through January 1 (with the children returning to Mother on January 1). In addition, Father shall also be entitled to have custody of the children in Pennsylvania during each month when the Father does not have a period of holiday custody, as previously designated, on the third weekend of each month from 4:00 p.m. on the last day of school, prior to the beginning of the weekend through 5:00 p.m. on the day before school resumes. In the event Mother has a holiday period of custody on the third weekend of the month, then Father's period of custody shall lake place on the second weekend of the month. B. Summer: During the summer school break each year, Father shall have custody of the children during two (2) two-week periods. The first custodial period shall include the last week of June and the first week of July, and the second period shall include the last week of July and the first week of August. Unless otherwise agreed to by the parties, the custodial periods under this provision shall begin and end on Saturday. 5. In the event Father elects to commence physical custody during the holiday or summer periods as set forth above in a location other than the greater Harrisburg area, the Father shall schedule and purchase the airline tickets for the children, with all flights originating from either BWI or MDT Airport. The Father shall be responsible for the cost of the children's roundtrip airfare, including costs imposed by the airline for providing airline supervision for the children. 6. In the event Mother elects to travel with the children, she shall be responsible to pay all the costs associated with her travel. 7. Prior to purchasing the children's airline tickets as set forth in Paragraph 5, the Father shall provide written notice, via email, of the proposed transportation arrangements, (including costs of the tickets, destination airport, and whether or not the Father will be accompanying the children on either the departing or returning flight) to the Mother no later than ninety (90) days prior to the first day of the scheduled period except for Christmas 2008, which notice shall be provided within seven (7) days of execution of this Stipulation. In the event Father fails to provide said notification within the timeframe provided, the scheduled visit shall not include flight transportation. . 8. Within fourteen (14) days (not including the date of notification and calculated as actual days including weekends and holidays) of the date of notification from Father as required in Paragraph 7 herein, the Mother shall notify the Father via email if she intends to provide alternate transportation for the children for the scheduled period from an alternate airport to the destination airport as identified by Father. If Father intends to enjoy his custodial period at his residence in Kentucky, nothing shall preclude Mother from arranging flights to an airport closer to Father's residence or to the Cincinnati airport. In the event Mother chooses alternate transportation for the children within the fourteen (14) day period provided herein, she will notify the Father of the alternate transportation and provide written verification of the purchase of the tickets for the children within the same fourteen (14) day period as provided herein. Such notification shall include the airline, flight numbers, flight dates (which shall be the same dates and approximate time as proposed by Father) and departure/arrival times, and shall be provided via email by midnight on the fourteenth (10) day. 9. In the event notification is not received by the Father from the Mother, via email, within said fourteen (14) days (not including the date of notification and calculated as actual days including weekends and holidays), the Father shall purchase airline tickets for the children as previously proposed in Paragraph 7. Upon the purchase of the children's airline tickets, the Father shall provide written verification to the Mother, via email, of the itinerary, including the airline, flight numbers, flight dates and departure/arrival times. Such notification shall be provided within forty-eight (48) hours of purchase of the tickets. 10. If the Mother elects to arrange alternate flights for the children as outlined in Paragraph 8, the Mother shall be responsible for all costs incurred for the purchase of the children's tickets. Upon receipt of written verification that the Mother has purchased the children's tickets for the scheduled period (which notification shall be provided within the fourteen (14) day period as set forth above), the Father will reimburse Mother an amount equal to the cost for the transportation of the children incurred by Mother, or the cost of the transportation proposed by Father as outlined in Paragraph 7, whichever is less. The Father shall provide the reimbursement amount to the Mother not more than fifteen (15) days after notification and verification by the Mother. 11. All written communications regarding the children's transportation will be provided via email. 12. The non-custodial parent shall be entitled to contact the children by telephone regularly during the week between 7:00 p.m. and 8:00 p.m. The custodial parent shall ensure that the children contact the non-custodial parent by telephone on Sundays between 12:15 p.m. and 1:15 p.m. if the children have not already spoken to the non-custodial parent on the weekend. Nothing in this provision shall be interpreted to prohibit the non-custodial parent from contacting. the children by telephone at additional times. The phone calls between the non-custodial parent and the children shall not be conducted on speaker phone. If appropriate from time to time, the custodial parent shall not unreasonably deny the children's wishes to call the non-custodial parent. 13. In the event it is necessary for the non-custodial parent to leave a message during telephone calls made between 7:00 p.m. and 8:00 p.m., the custodial parent shall ensure that the children return the non-custodial parent's call before bedtime. 14. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and affection for the other parent. Both parties shall ensure that third parties having contact with the children comply with this provision. 15. In the event either party plans to remove the children from their respective homes for an overnight period or longer, that parent shall, immediately upon making such plans, provide notice to the other parent of the address and telephone number where the children can be contacted. In addition, for Father's weekend visits in Pennsylvania, the Father shall, immediately upon making such arrangements, provide notice to the Mother of the address and phone number where the children can be contacted. 16. The Mother shall provide to the Father, through counsel, copies of letters from the children's physician indicating medications which are recommended and/or prescribed for the children. The Father shall administer the medications to the children as recommended and/or prescribed by their physician. 17. Both parties shall ensure that the children's homework is completed during his or her periods of custody. 18. Both parties shall provide adequate supervision for the children during his or her period of custody. In the event the parties elect to enroll the children in a day care program or summer day camp program (or change the current day care program) or in the event the parties elect to hire a private day care provider, the parties agree to provide written notification to the other party of the name and contact information of the day care arrangements. Said notification shall be provided two (2) weeks prior to the children beginning said day care arrangements. 19. In making arrangements for the children pursuant to this Stipulation, the parties shall minimize interference with the children's regularly scheduled activities as much as possible. The parties shall cooperate in keeping each other advised of the children's whereabouts and notifying each other when exigent circumstances arise which affect the custody schedule. 20. This Agreement is intended by the parties to be entered as an Order of Court pursuant to an agreement of the parties. The parties may modify the provisions of the Order by mutual consent, which consent shall be in writing and executed by the parties. In the absence of mutual consent, the terms of this Order shall control. All previous Orders are hereby suspended by the terms contained herein. 21. This Agreement may be signed in any number of counterparts with the same effect as if the signature thereto and hereto were upon the same instrument. John F. King, Esquire Lill M. Laudermilch, Esquire Adam C. Tosh, Plaintiff L M. Tosh, Defendan 19. In making arrangements for the cWldren pursuant to this Stipulation, the parties shall minimize interference with the children's regularly scheduled activities as much as possible. The parties shall cooperate in keeping each other advised of the children's whereabouts and notifying each other when exigent circumstances arise which affect the custody schedule. 20. This Agreement is intended by the parties to be entered as an Order of Court pursuant to an agreement of the parties. The parties may modify the provisions of the Order by mutual consent, which consent shall be in writing and executed by the parties. In the absence of mutual consent, the terms of this Order shall control. All previous Orders are hereby suspended by the terms contained herein. 21. This Agreement may be signed in any number of counterparts with the same effect as if the signature thereto and hereto were upon the same instrument. Adam C. Tosh, P aintiff Quintina M. Laudermilch, Esquire Lynn M. Tosh, Defendant VERIFICATION Pursuant to Pa. R. Civ. P. 1024(c)(2) and subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities, I, Debra D. Cantor, Esquire, hereby certify that I am counsel for the Plaintiff in this action, that the Plaintiff is currently outside of the jurisdiction and that his verification could not be obtained in the time necessary to file this Petition, that I have read the foregoing document and the facts set forth therein are true and correct to the best of my knowledge, information and belief. J D ntor, squire Idll 0 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Courtney Kishel Powell, Esquire James Smith Deitrich Connelly 134 Sipe Avenue Hummelstown, PA 17036 J91,17 &Uid&e lzt? 6r nne Barnhart, Legal Secretary Dated: February 12, 2010 0 ADAM C. TOSH Plaintiff V. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1969 CIVIL TERM LYNN M. TOSH n; Defendant CIVIL ACTION - CUSTODY' PRAECIPE TO THE PROTHONOTARY:' Please withdraw the appearance of Courtney Kishel Powell, Esquire, and enter Q' appearance of Theresa Barrett Male, Esquire as counsel for Defendant in this proceeding. Date: March S, 2010 /P:z:? 60,?& Ft Theresa Barrett Male, Esquire Date: March ?, 2010 OF THE P OTHONOTARY McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantorAmwn.com Attorneys for Plaintiff 2011 `1 . l: 29 Cl1M._._CtY ADAM C. TOSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LYNN M. TOSH, NO. 07-1969 Defendant. IN CUSTODY PETITION FOR CONTEMPT AND PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff, Adam C. Tosh, by and through his counsel, McNees Wallace & Nurick LLC, and files this Petition for Contempt and Petition for Modification of Custody Order, and in support thereof avers as follows: 1. Plaintiff is Adam C. Tosh ("Father"), an adult individual who currently resides at 77 Glenbrook Drive, Stamford, Connecticut, 06902. 2. Defendant is Lynn M. Tosh ("Mother"), an adult individual who currently resides at 2215 Spring Run Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. &-76,o ?Da 0mi's ?4 '70 C?? ?q5 ??as3 3. Father and Mother are the natural parents of the following two (2) minor Children (collectively "Children"), namely: a. Annabelle L. Tosh, date of birth: May 21, 2000; and b. Clara M. Tosh, date of birth: December 9, 2002. 4. A custody Order in this matter was entered on January 20, 2009 and is attached hereto as Exhibit "A". 5. Pursuant to the Order, Mother and Father were granted shared legal custody. Mother was granted primary physical custody and Father has rights of partial custody. 6. Pursuant to this Court Order, Father made plans to travel to Pennsylvania to spend his holiday time with his Children. Father notified Mother of his intention to pick up the Children on December 28, 2010 at Mother's house at 12:00 p.m. and return them on Saturday, January 1, 2011 at 12:00 p.m. 7. When Father arrived to pick up his Children, Mother refused to release them to Father. 8. Mother's first excuse was that she would not release the Children until Father had confirmed hotel reservations in Allentown. Father confirmed that they would be staying in Allentown but had not made an exact reservation at that time. However, the Children would always be available to Mother via Father's cell phone. 9. Father overcame this objection and made reservations, advising Mother via e-mail within a half hour of her initial objection. Mother then held the Children captive for another 2 hours and 45 minutes, prior to releasing only one Child, Annabelle. The reason for the delay is unknown and certainly unwarranted. 10. During the entire drama caused by Mother, the Children were texting Father well aware of Mother's refusal to allow them to spend time with Father. 2 11. Mother refused to release Clara because she was on antibiotics and she, apparently, did not believe Father was capable of administering said antibiotics. 12. Father spoke to the doctor's office earlier that day and they indicated that Clara was not contagious, that she was fine and could have light and moderate activity for the next couple of days. They indicated that Father could use his discretion for activities. 13. Prior to returning Annabelle, Father emailed Mother his desire to have lunch with Clara and Annabelle. Mother refused, thus denying Father the ability to see Clara at all over the holiday break. This is particularly disturbing given that Clara texted/emailed Father 51 times during the weekend indicating her desire to be with Father. 14. Unfortunately, this is not the first time Mother has delayed and/or refused to allow the Children to spend time with their Father. In this year alone, Mother obstructed Father's custodial time four times, in December, October, April and January. On three of those occasions, Father did not enjoy custodial time with Clara. 15. Mother repeatedly schedules the Children for multiple activities during Father's custodial time and regularly delays or negatively impacts Father's time. 16. Mother regularly engages in inflammatory behavior set on upsetting and scaring the Children. For example: a. before a ski trip with Father, Mother showed them photographs of injuries related to skiing; b. Mother keeps a log/photobook of "accidents" for the Children; C. Mother listens to Father's conversations with the Children on speakerphone, often with maternal grandmother present; d. Several times, Father has not been able to speak directly with Clara for up to 1-2 weeks, knowing that Mother distracts and discourages communication. 3 17. Please see Petition for Special Relief, filed on February 12, 2010, outlining additional issues which Father must endure in order to spend time with his Children. Mother's behavior will continue to spiral out of control as she is determined to negatively impact Father's relationship with the Children. 18. Mother should be found in contempt and the following should be ordered: a. A makeup weekend should be provided for Clara and Annabelle and Father; b. Mother should be solely responsible for all costs and expenses associated with transportation for that visit; and c. Mother shall pay the costs and expenses associated with this contempt pleading. WHEREFORE, Plaintiff, Adam C. Tosh, requests this Honorable Court to find Mother in Contempt and to award make-up time, allocate transportation costs to Mother and to award fees and costs as it relates to Contempt. PETITION FOR MODIFICATION.OF CUSTODY ORDER 1. An Order of custody was entered on January 20, 2009, a true and correct copy is attached hereto as Exhibit "A". 2. This Order should be modified because: a. Mother continues to engage in a pattern of conduct seeking to interfere and disrupt the relationship between the Children and Father. b. Mother repeatedly violates the Order for the purpose of withholding the Children from Father. C. Father has moved closer to Pennsylvania and is now able to exercise partial custody on an alternating weekly basis. 4 d. Mother has the ability to share transportation due to the proximity of location and should also bear responsibility for sharing the costs of transportation. e. Father provides a more stable and supportive environment than Mother does and has not attempted to alienate the Children in any way. Evidence will demonstrate Mother's pattern and practice of inappropriate and harmful conduct. Such conduct demonstrates that she is unsuitable to serve as the primary custodian of the Children. Additional time with Father will counteract such behaviors. g. A neutral exchange location must be provided, as Mother uses her house as a jail to keep the Children from their Father, as opposed to an appropriate custodial exchange point. WHEREFORE, Plaintiff, Adam C. Tosh, requests this Honorable Court to modify the existing Court Order because it will be in the best interests of the Children. Respectfully submitted, MCNEES WALLACE & NURICK LLC By: D ra D. for Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantora-mwn.com Attorneys for Plaintiff, Adam C. Tosh Dated: January 13, 2011 5 ????iT JAN 12 2009 v7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH, Plaintiff Docket No. 2007-1969 V. CIVIL ACTION-LAW LYNN M. TOSH, (In Custody) Defendant ORDER AND NOW, this 40 day of 2009, upon consideration of the attached Stipulation and Agreement for Custody, it is here ORDERED that the Stipulation and Agreement for Custody is incorporated herein as an Order of Court. BY THE COURT: J. AJ V {t: IELF}ri: a>?`r hand IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH, Plaintiff V. LYNN M. TOSH, Defendant Docket No. 2007-1969 CIVIL ACTION-LAW (In Custody) STIPULATION AND AGREEMENT FOR CUSTODY THIS STIPULATION AND AGREEMENT FOR CUSTODY is entered into this day of , 2008, by and between Adam C. Tosh (hereinafter referred to as "Father") and Lynn M. Tosh (herein after referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Parties are the natural parents of two (2) minor children, namely, Annabelle L. Tosh, whose date of birth is May 21, 2000 and Clara M. Tosh, whose date of birth is December 9, 2002; and WHEREAS, Mother has primary physical custody of the children and Father has periods of physical custody with the children as outlined in the June 21, 2007, December 12, 2007 and June 17, 2008 custody Orders entered by the Honorable Edgar B. Bayley; and WHEREAS, the parties wish to work together to make decisions that they believe are currently in the best interest of the children; and WHEREAS, the parties have reached an agreement to amend the existing custody Orders; and WHEREAS, the parties now wish to formalize and memorialize the terms of their agreement; and WHEREAS, the parties wish the terms contained herein to supersede the aforementioned Orders of June 21, 2007, December 12, 2007 and June 17, 2008; and WHEREAS, both Father and Mother request that the following Custody Stipulation and Agreement be entered as a Court Order. NOW THEREFORE, with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. The parties hereby agree to share legal custody of the children. 2. Major decisions concerning the 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 each child's best interest. Neither party shall impair the other party's rights to shared legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstances concerning the children 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 then 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.S.C.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. Mother shall have primary physical custody of the children. 4. Father shall have physical custody of the children in accordance with the following schedule: A. School Year: In odd numbered years, Father shall have custody of the children for the entirety of their school break over President's Day weekend, Easter/Spring Break and Columbus Day weekend, and for the first half of the Christmas holiday break, which will run from December 23 through 27 (with the children returning to Mother on December 27). In the event the children still have school on December 23, then the first half of the break will begin on December 24 and end December 28. In even numbered years, Father shall have custody of the children over the entire school break for President's Day weekend, Memorial Day weekend, Thanksgiving, and during the second half of the Christmas holiday break, which will run from December 28 through January I (with the children returning to Mother on January 1). In addition, Father shall also be entitled to have custody of the children in Pennsylvania during each month when the Father does not have a period of holiday custody, as previously designated, on the third weekend of each month from 4:00 p.m. on the last day of school, prior to the beginning of the weekend through 5:00 p.m. on the day before school resumes. In the event Mother has a holiday period of custody on the third weekend of the month, then Father's period of custody shall take place on the second weekend of the month. B. Summer: During the summer school break each year, Father shall have custody of the children during two (2) two-week periods. The first custodial period shall include the last week of June and the first week of July, and the second period shall include the last week of July and the first week of August. Unless otherwise agreed to by the parties, the custodial periods under this provision shall begin and end on Saturday. 5. In the event Father elects to commence physical custody during the holiday or summer periods as set forth above in a location other than the greater Harrisburg area, the Father shall schedule and purchase the airline tickets for the children, with all flights originating from either BWI or MDT Airport. The Father shall be responsible for the cost of the children's roundtrip airfare, including costs imposed by the airline for providing airline supervision for the children. 6. In the event Mother elects to travel with the children, she shall be responsible to pay all the costs associated with her travel. 7. Prior to purchasing the children's airline tickets as set forth in Paragraph 5, the Father shall provide written notice, via email, of the proposed transportation arrangements, (including costs of the tickets, destination airport, and whether or not the Father will be accompanying the children on either the departing or returning flight) to the Mother no later than ninety (90) days prior to the first day of the scheduled period except for Christmas 2008, which notice shall be provided within seven (7) days of execution of this Stipulation. In the event Father fails to provide said notification within the timeframe provided, the scheduled visit shall not include flight transportation. . 8. Within fourteen (14) days (not including the date of notification and calculated as actual days including weekends and holidays) of the date of notification from Father as required in Paragraph 7 herein, the Mother shall notify the Father via email if she intends to provide alternate transportation for the children for the scheduled period from an alternate airport to the destination airport as identified by Father. If Father intends to enjoy his custodial period at his residence in Kentucky, nothing shall preclude Mother from arranging flights to an airport closer to Father's residence or to the Cincinnati airport. In the event Mother chooses alternate transportation for the children within the fourteen (14) day period provided herein, she will notify the Father of the alternate transportation and provide written verification of the purchase of the tickets for the children within the same fourteen (14) day period as provided herein. Such notification shall include the airline, flight numbers, flight dates (which shall be the same dates and approximate time as proposed by Father) and departure/arrival times, and shall be provided via email by midnight on the fourteenth (14th) day. 9. In the event notification is not received by the Father from the Mother, via email, within said fourteen (14) days (not including the date of notification and calculated as actual days including weekends and holidays), the Father shall purchase airline tickets for the children as previously proposed in Paragraph 7. Upon the purchase of the children's airline tickets, the Father shall provide written verification to the Mother, via email, of the itinerary, including the airline, flight numbers, flight dates and departure/arrival times. Such notification shall be provided within forty-eight (48) hours of purchase of the tickets. 10. If the Mother elects to arrange alternate flights for the children as outlined in Paragraph 8, the Mother shall be responsible for all costs incurred for the purchase of the children's tickets. Upon receipt of written verification that the Mother has purchased the children's tickets for the scheduled period (which notification shall be provided within the fourteen (14) day period as set forth above), the Father will reimburse Mother an amount equal to the cost for the transportation of the children incurred by Mother, or the cost of the transportation proposed by Father as outlined in Paragraph 7, whichever is less. The Father shall provide the reimbursement amount to the Mother not more than fifteen (15) days after notification and verification by the Mother. 11. All written communications regarding the children's transportation will be provided via email. 12. The non-custodial parent shall be entitled to contact the children by telephone regularly during the week between 7:00 p.m. and 8:00 p.m. The custodial parent shall ensure that the children contact the non-custodial parent by telephone on Sundays between 12:15 p.m. and 1:15 p.m. if the children have not already spoken to the non-custodial parent on the weekend. Nothing in this provision shall be interpreted to prohibit the non-custodial parent from contacting. the children by telephone at additional times. The phone calls between the non-custodial parent and the children shall not be conducted on speaker phone. If appropriate from time to time, the custodial parent shall not unreasonably deny the children's wishes to call the non-custodial parent. 13. In the event it is necessary for the non-custodial parent to leave a message during telephone calls made between 7:00 p.m. and 8:00 p.m., the custodial parent shall ensure that the children return the non-custodial parent's call before bedtime. 14. Neither parry shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and affection for the other parent. Both parties shall ensure that third parties having contact with the children comply with this provision. 15. In the event either party plans to remove the children from their respective homes for an overnight period or longer, that parent shall, immediately upon making such plans, provide notice to the other parent of the address and telephone number where the children can be contacted. In addition, for Father's weekend visits in Pennsylvania, the Father shall, immediately upon making such arrangements, provide notice to the Mother of the address and phone number where the children can be contacted. 16. The Mother shall provide to the Father, through counsel, copies of letters from the children's physician indicating medications which are recommended and/or prescribed for the children. The Father shall administer the medications to the children as recommended and/or prescribed by their physician. 17. Both parties shall ensure that the children's homework is completed during his or her periods of custody. 18. Both parties shall provide adequate supervision for the children during his or her period of custody. In the event the parties elect to enroll the children in a day care program or summer day camp program (or change the current day care program) or in the event the parties elect to hire a private day care provider, the parties agree to provide written notification to the other party of the name and contact information of the day care arrangements. Said notification shall be provided two (2) weeks prior to the children beginning said day care arrangements. i 19. In making arrangements for the children pursuant to this Stipulation, the parties shall minimize interference with the children's regularly scheduled activities as much as possible. The parties shall cooperate in keeping each other advised of the children's whereabouts and notifying each other when exigent circumstances arise which affect the custody schedule. 20. Tliis Agreement is intended by the patties to be entered as an Order of Court pursuant to an agreement of the parties. The parties may modify the provisions of the order by mutual consent, which consent shall be in writing and executed by the parties. In the absence of mutual consent, the terms of this Order shall control. All previous Orders are hereby suspended by the terms contained herein. 21. This Agreement may be signed in any number of counterparts with the same effect as if the signature thereto and hereto were upon the same instrument. John F. King, Esquire M. Laudermilch, Esquire Adam C. Tosh, Plaintiff q,.V?L a L M. Tosh, De ends ' 19. In making arrangements for the children pursuant to this Stipulation, the parties shall minimize interference with the children's regularly scheduled activities as much as possible. The parties shall cooperate in keeping each other advised of the children's whereabouts and notifying each other when exigent circumstances arise which affect the custody schedule. 20. This Agreement is intended by the parties to be entered as an Order of Court pursuant to an agreement of the parties. The parties may modify the provisions of the Order by mutual consent, which consent shall be in writing and executed by the parties. In the absence of mutual consent, the terms of this Order shall control. All previous Orders are hereby suspended by the terms contained herein. 21. This Agreement may be signed in any number of counterparts with the same effect as if the signature thereto and hereto were upon the same instrument. ! 1.?1,e1ajCI - e., - =, - ?--X ? zV" AL d-- Adam C. Tosh, P aintiff Quint= M. Laudermilch, Esquire Lynn M. Tosh, Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 10 ISm C. Tosh Dated: %l,?, CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served via email upon the following: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 tbmCaD-tbmesquire. com anne MqBairdhart, Legal Secretary Dated: January 13, 2011 ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAQA o 'C -v w o s Zrn 1?s M-: V. 2007-1969 CIVIL ACTION LAW ccnr- N ?rn LYNN M. TOSH b C IN CUSTODYa DEFENDANT D• ;- r, ? ,{ ORDER OF COURT AND NOW, Thursday, Januar y 20, 2011 , upon consideration of the attached Compl aint, 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 Thursday, February 17, 2011 at 9:00 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. 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., 116 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. t? Cumberland County Bar Association f' `? y- y2 4 l( ? 32 South Bedford Street ,C,? Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 y _ Q0.. r? ., 1 Ell Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101-1058 (717) 233-3220 tbc-tbmesauire.com Attorneys for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH Plaintiff V. NO. 07-1969 Civil Term LYNN M. TOSH Defendant CIVIL ACTION - CUSTODY DEFENDANT'S OBJECTIONS TO PETITION FOR CONTEMPT AND PETITION FOR MODIFICATION OF CUSTODY ORDER 1. Defendant/Counterclaim Plaintiff ("Mother") admits that on January 20, 2009, Judge Edgar B. Bayley entered an Order incorporating the parties' Stipulation and Agreement for Custody, which set out the custody schedule for the parties' children: Annabelle L. Tosh (dob: 05/21/00) and Clara M. Tosh (dob: 12/09/02). 2. Mother denies the averments set forth in paragraphs 7 through 17 of Father's petition and demands strict proof of these allegations. By way of additional M Ij answer, Mother incorporates by reference paragraph 5, infra. 3. Paragraph 18 of Father's petition states a prayer for relief, to which no responsive pleading is required. By way of additional answer, Mother denies the averments and demands strict proof of them. 4. Mother agrees that the January 20, 2009 Order should be modified because, inter alia, the Order is poorly drafted, which gives rise to disputes. Mother denies the averments set forth in paragraphs 2.a. through 2.g. of Father's petition and demands strict proof of these allegations. By way of additional answer, Mother incorporates by reference paragraph 5, infra. 5. Father wilfully has failed to abide by the January 20, 2009 Order in that: a. He fails to provide Petitioner with confirmation of the children's whereabouts during his periods of custody, the most recent example of which occurred over the Christmas 2010 holiday. b. He fails to administer medicine as prescribed for the children by their physician. c. He refuses to co-parent the children. d. He uses the children as messengers. e. He makes arrangements directly with the children before discussing the arrangements with Mother. f. Despite clear recommendations from Clara's physician, Father has withheld consent for Clara to receive psychological treatment. g. Father fails to notify Mother of important changes, such as when he relocated from Kentucky to Connecticut. 2 WHEREFORE, Defendant requests that the Court: a. Modify the January 20, 2009 Order. b. Direct that Plaintiff consent to Clara's treatment by a psychologist. c. After hearing, find Plaintiff in contempt of the January 20, 2009 Order. d. Award Defendant her counsel fees, costs and expenses incurred in connection with Plaintiff's contempt of the January 20, 2009 Order. Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Attorneys for Defendant Date: March 16, 2011 3 VERIFICATION verity 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. § 4904, relating to unsworn falsification to authorities. \A. ?c---f Lyn _ Tosh Date: March 15, 2011 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by facsimile and first-class mail addressed as follows: Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Custody Conference Officer Debra Denison Cantor, Esquire McNees, Wallace & Nurick, LLP 100 Pine Street Harrisburg, PA 17101 Attorneys for Plaintiff Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101-1058 (717) 233-3220 Attorneys for Defendant Date: March 17, 2011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ADAM C. TOSH Plaintiff v. LYNN M. TOSH Defendant TO THE PROTHONOTARY: • J rya '? NO. 07-1969 Civil Term , 'C? -Ui r cn N O r CIVIL ACTION - CUSTODY PRAECIPE Please withdraw the appearance of Theresa Barrett Male, Esquire, and enter the appearance of Maria P. Cognetti, Esquire as counsel for Defendant in this proceeding. Theresa Barrett Male, Esquire Date: June 16, 2011 Date: June I? , 2011 Fit-ED-OFFICE I'HE PROTHONOTAKf ADAM C. TOSH PLAINTIFF 2012 FEB 21 PM 2' S 7 VS. CUMBERLAND COUNTY PENNSYLVANIA LYNN M. TOSH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 1969 CIVIL ACTION - LAW (CUSTODY) PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of ADAM C. TOSH. By: Date: February 10, 2012 Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Voice Supreme Court ID 62063 PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of ADAM C. TOSH. By. 1 r a . tor, Esquire McNees, Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5287 Supreme Court ID Date. / ? 1 0 ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-1969 CIVIL ACTION LAW LYNN M. TOSH Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -2 day of 2012, upon consideration of the attached Custody Conciliation Report, it is or ered and directed as follows: 1. A hearing is chedtjed in Courtroom Number G of the Cumberland County Courthouse on the I- day of , 2012, at 3-:JoPm., at which time testimony will be taken. For purposes of the hearing, the F ther shall be dee ed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the hearing date. cc: Maria P. Cognetti Esquire - Counsel for Mother Steven Howell Esquire - Counsel for Father c"Ap; e.1s ft4a.l P? sk/la Al Thorns A. PlaceY Common Pleas Judge -0:r w ?V Uri z xa - r -? - -0 M > < w e?° :zc, rw ?`y r.3 ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-1969 CIVIL ACTION LAW LYNN M. TOSH Defendant IN CUSTODY Prior Judge: Edgar B. Bayley FULL DAY OR LONGER REQUESTED FOR HEARING CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Annabelle Tosh May 21, 2000 Mother Clara Tosh December 9, 2002 Mother 2. A custody conciliation conference on the Father's Petition for Contempt and Modification was initially held on March 21, 2011, with the following individuals in attendance: the Father, Adam C. Tosh, with his counsel, Debra D. Cantor Esquire, and the Mother, Lynn M. Tosh, with her counsel, Theresa Barrett Male Esquire. At that time, it was agreed that this matter would be held open pending further discussion between the parties and their counsel and a telephone conference with the conciliator. Subsequently, the Mother obtained new legal counsel and an additional custody conciliation conference was requested. The second conference was held on August 23, 2011 at which time the Mother was represented by Maria P. Cognetti Esquire. The parties were able to reach agreement on all of the issues that had been in dispute previously but there was an agreement that the proposed Order would be forwarded to the attorneys for confirmation. Subsequently, there have been several telephone conferences with counsel, a change in legal representation by the Father, who is now represented by Steven Howell Esquire and a relocation by the Father. 3. The conciliator received a letter from Steven Howell on March 28, 2012 requesting that a hearing be scheduled. A telephone conference with counsel was scheduled and held on April 19, 2012 to determine the issues requiring determination by the Court as so many circumstances had changed since the last conference. The telephone conference with counsel was highly acrimonious and it was difficult to determine whether the parties were able to agree on any issues at this point, although there does not appear to be a dispute over continued primary physical custody by the Mother. 4. The Father's position on custody is as follows: The Father has proposed that he have partial physical custody of the Children one weekend per month during the school year for which he will either come to Pennsylvania from his residence in Lexington KY or will pay the costs of the Children's airline tickets to his home. In addition, the Father proposes that he have the majority of the time in the summer and that the Children be permitted to spend that period of time with him regardless of where he will ultimately be residing, including potential locations outside the United States. 5. The Mother's position on custody is as follows: The Mother believes the Father should mainly exercise his periods of custody in Pennsylvania so that the Children can continue their intensive involvement in soccer and also to prevent the Children from having to fly the distance to Kentucky without being accompanied by one of the parents. In addition, the Mother is not willing to agree that the Children spend the majority of the summer with the Father in certain locations outside the United States, although that information is not presently available. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the hearing will require at least one full day. 3 av/a - L?7? 5!,-1, Date Dawn S. Sunday, Esquire Custody Conciliator ADAM C. TOSH, Plaintiff V. IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - IN CUSTODY LYNN M. TOSH, Defendant CIVIL NO: 2007-1969 IN RE: CUSTODY TRIAL SUPPLEMENT ORDER OF COURT AND NOW, this 7t" day of May 2012 upon the court having set a trial date in this matter, to aid in the scheduling of witnesses it is further Ordered and Directed: 1. The order of testimony shall be moving party, followed by non-moving -- ?-- party, followed by moving party's witnesses and then non-moving party's cr- Ste" =CD witnesses. `=? 2,in The minor children shall not be at trial without prior approval from the -? CL >- =a a UJ 4 court. Either party desirous of having the children testify should motion the court to set a special time within the trial date for an in chamber conversation with the judge and the child. By the Court, Thomas A. P cey C.P.J. Distribution List: Maria P. Cognetti, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Counsel for Mother Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Counsel for Father P'e ,tea, C"4 51ql), P-klc- J _ I C; n+ ! fit - MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com Attorneys for Defendant ADAM C. TOSH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 07-1969 LYNN M. TOSH, CIVIL ACTION -LAW Defendant IN CUSTODY ASSIGNED JUDGE: Thomas Placey MOTION FOR CONTINUANCE AND NOW, comes Defendant, LYNN TOSH, by and through her attorney, Maria P. Cognetti, Esquire, who brings this Motion for Continuance and in support thereof avers as follows: 1. Lynn M. Tosh, (hereinafter "Mother") is the Defendant in the above-captioned action. 2. Adam C. Tosh (hereinafter "Father") is the Plaintiff in the above-captioned action. 3. The above-captioned action has been scheduled for a custody hearing on June 11, 2012 at 9:30 a.m. 4. Mother is scheduled to be out of town on a family vacation the week of the hearing. 5. At the present time Father is unemployed and as noted in the Conciliator's Report is seeking work both in and outside of the country. A continuance would give Father more time to secure employment, thus making a hearing on the issue of custody more meaningful. 6. Father's counsel does not concur with Mother's request for a continuance of this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant a continuance of the Custody Hearing scheduled for June 11, 2012. Respectfully Submitted, MARIA P. COGNETTI & ASSOCIATES Date: May 16, 2012 By: MARIA P. OG TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Motion for Continuance at the address indicated below: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: May 16, 2012 By: /&u O'? /t L_ MARIA P. OG TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ADAM C. TOSH, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS . NO. 2007 - 1969 LYNN M. TOSH, - - -" DEFENDANT CIVIL ACTION - CUSTODY ANSWER WITH NEW MATTER °A ; TO MOTION FOR CONTINUANCE 1. ADMITTED. 2. ADMITTED. ADMITTED that the matter was scheduled for June 11, 2012 after multiple dates were offered in early and mid July to the Defendant with every one being rejected as unsuitable unless the hearing was held in mid-late August. 4. ADMITTED. It is admitted that Mother has informed Father she will be out of town. Father does not want to ruin in any way a vacation for the girls and their Mother so this request for a continuance is not opposed. 5. DENIED AS STATED. Father is presently unemployed as a financial manager and that is why he desires to spend additional time this summer with Annabelle (Age 12) and Clara (Age 9). Father's expertise with pension plans and large hedge funds could result in his employment overseas but he has been working within the United States since the birth of the children and presently resides in Kentucky with his wife. This entire hearing is necessary because Mother refuses to agree to an Order providing him: (a) with nine (9) weekends during the school year [four of which would be defined by the school calendar which aids in long term planning] between September 1St to May 31St each year; (b) alternating the major holidays of Christmas, Thanksgiving and Easter/Spring Break; and (c) providing summer visitation consistent with an out of state non-custodial parent from the second Saturday after the last day of school until the second Saturday before the first day of school. Father's proposed Order is attached as Exhibit "A". ' 6. DENIED AS STATED. No one from Attorney Cognetti's office called, faxed or e- mailed any request for a continuance prior to signing and filing the May 16th Motion for a Continuance. The simple courtesy of a phone call would have been appreciated. NEW MATTER 7. By Order dated May 7, 2012 the Court directed counsel to file a motion if a party desired the Court to speak with the children. 8. Father desires that the Court speak with the children in chambers to ascertain if they have fun and enjoy their time with their Dad and the paternal side of the family during his custodial periods. 9. Father is also concerned that Mother may unduly delay his first summer visit which is scheduled for June 23`d to July 7th with Mother driving the children to/from BWI Airport to meet Father who lives in Kentucky. The last Order in effect dated January 30, 2009 states at paragraph 4b: "During the summer school break each year, Father shall have custody of the children during two (2) two week periods. The first custodial period shall include the last week of June and the first week of July and the second shall include the last week of July and the first week of August. Unless otherwise agreed to by the parties, the custodial periods under this provision shall begin and end on Saturday." 10. In response to a May 15, 2012 email from Father which stated: "Summer #1 (June 23 - July 7): I plan to buy airline tickets tomorrow for the girls. I'm booking the flights out of BWI. As in the past, please plan to take the girls to and from BWI to meet me for their flights. I will email you the flight itinerary and contact information soon." Mother wrote: "You have not complied with the current Order. I need to have more details regarding your proposed transportation arrangements prior to the airline tickets being purchased and I need to know if you will be accompanying Annabelle and Clara on all flights. I'd like to work with you but I need more details please." 11. On May 17, 2012 Father emailed to Mother: "Summer #1 (Jun 23 - July7). Here is the itinerary for the girls and me. Contact info provided when plans firm up. Southwest Airlines (Baltimore International Airport - BWI) June 23, Sat: 10:15 AM BWI #2636 arr LAX 2:10 PM. July 7, Sat: 10 AM SFO #1148 arr BWI 8:25 PM." Father on May 17, 2012 sent a corrected email which clarifies that the return flight will be on American Airlines Flight 742/1298 arriving at 9:00 PM from San Francisco to Baltimore International Airport. 12. Father simply wishes the first summer visit to take place so the girls can enjoy a vacation in California with their Father. His concern is based upon the fact that even when the first email clearly stated the girls would "meet me for their flights" at BWI she responded "I need to know if you will be accompanying Annabelle and Clara on all flights." WHEREFORE, Father does not oppose a continuance so long as the proceeding is not delayed until the conclusion of the summer and his first vacation is undisturbed. Father also requests this Honorable Court to schedule a time for the children to speak with the Court in chambers on activities and fun they enjoy with their Father. Respectfully submitted, By: Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Voice Supreme Court ID 62063 Attorney for Plaintiff Date: May 18, 2012 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service upon Counsel by First Class, Postage Prepaid U.S. Mail unless otherwise indicated. Maria P. Cognetti, Esquire Suite 102, 210 Grandview Avenue Camp Hill, PA 17011 BY: Date: May 18, 2012 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. This Verification is made by Counsel bas upon information received from his client who is outside the Commonwealth o syla. BY: S Date: ?,W18, 201 ADAM C. TOSH, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO. 2007 - 1969 LYNN M. TOSH, DEFENDANT CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this _ day of 2012 it is hereby ORDERED that: The parties shall share legal custody of ANNABELLE L. TOSH (DOB 5/21/2000) AND CLARA M. TOSH (DOB 12/9/2002). Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the well being of the children including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, and religious or school records. 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. Lynn M. Tosh (hereinafter "Mother") shall enjoy primary physical custody of ANNABELLE L. TOSH and CLARA M. TOSH subject to periods of partial physical custody with Adam C. Tosh (hereinafter "Father") as follows: 3. SCHOOL YEAR: Father shall enjoy one (1) weekend per month between September 1 st through May 31 St each year commencing at dismissal time on Friday (or Thursday if Friday is not a school day) from school for both children until 6:00 PM the evening before the next scheduled school day. Father shall pick up both children at their schools at dismissal time and return the children to Mother's residence in Cumberland County. Father's weekends shall include Columbus Day, Martin Luther King Day, President's Day, and Memorial Day and any other weekend in which a school vacation day is scheduled for a Friday immediately preceding his weekend or a Monday immediately following his weekend. His weekends shall commence on the preceding last day of school (Friday if Monday is the in service or holiday day or Thursday if Friday is the in service or holiday) at dismissal time (Father shall pick up the children at their school/s). Father shall provide Mother with thirty (30) days advance written notice of the O weekends he shall select for September, November, December, March, and April. Father's weekends may be spent within the Commonwealth of Pennsylvania or outside the Commonwealth of Pennsylvania and Mother shall not schedule activities for those weekends and, if she does, she understands the children may not attend such activities without Father's express written consent. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. 4. SUMMER VACATION: Father shall have partial physical custody of both children from 9:00 AM on the second Saturday after the last day of school until the second Saturday before school begins. If Father has not elected to use airline transportation the exchange shall take place at Mother's residence in Cumberland County, otherwise, Paragraph 5 shall govern the transportation of the children. CHRISTMAS BREAK: In years ending in odd numbers Father, if he does not elect airline transportation; shall have partial physical custody of both children from the last day of school at dismissal time (Father shall pick up the children at their school/s) until 6 PM the evening before the first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 5 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. THANKSGIVING BREAK: In years ending in even numbers Father, if he does not elect airline transportation, shall have partial physical custody of both children from the last day of school at dismissal time (Father shall pick up the children at their school/s) until 6 PM the evening before the first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 5 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. EASTER AND/OR SPRING BREAK: In years ending in odd numbers Father shall have partial physical custody of both children from the last day of school at dismissal time (Father shall pick up the children at their school/s) until 6 PM the evening before the first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 5 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. For any period of partial physical custody requiring airline transportation Father shall be solely responsible for all travel arrangements and costs (including the fee to have the children accompanied by airline staff if required by the airline's written policy) associated with any airline flights. Mother's responsibility shall be to drop off and pick up the children at Harrisburg International Airport, Philadelphia International Airport, or Baltimore Washington International Airport based upon Father's selected flight schedule and ensure the children and their luggage are checked in, ticketed and are on the scheduled flight. In the event the children are not on the scheduled flight then Mother shall be responsible for all costs associated in providing alternative air transportations for the next available flight to the original destination. Father shall provide to Mother at least thirty (30) days written notice of the flight schedule. 6. Neither parent shall disparage the other parent of his/her family to the children nor permit others to do so. 7. Each parent shall be entitled to reasonable communication with the children when in the care of the other parent. The parties shall apply for and execute the documents necessary to obtain United States Passports for both children. Father shall pay for the application fees and photographs and each parent shall hold one passport for each child. If either party desires to travel outside the United States with one or both of the children he/she shall provide forty five (45) days written notice and the other parent shall respond within ten (10) days in writing if he/she consents. Consent shall not be unreasonably withheld from either party. By the Court: Judge Certified Copies To: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Maria P. Cognetti, Esquire Suite 102, 210 Grandview Avenue Camp Hill, PA 17011 9 Y 22 ?. 4 ?p ! , ADAM C. TOSH, Plaintiff V. LYNN M. TOSFI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. . PENNSYLVANIA DOCKET NO. 07-1969 CIVIL ACTION - LAW IN CUSTODY ASSIGNED JUDGE: Thomas Placey ORDER ,'AND NOW. this day of 2012, in cons' (lei-at, oii o! I`cfe}ld:?.nt"s Motion for Continuance, it is hereby ORDE LD and DECREED that said motion is 10vAN'_FT,D. h is FURTI IER ORDERED, that the custody hearing presently scheduled for June 1. 2012 a: :00 p.m. is continued until U 2b?2 at A .r?;. ---- ;II Cour',, oom No. Cumberland County Courthouse, One Courthouse Square, Cavlis"e. Pennsylvania. 'Ae C s / f ?? l MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mconnetti@cognettilaw.com _ y i f r { _ ?` ? ?d s `?'d !} air e ! • I .. 6j, ji J10 S.i L. I t t`. ?'1 C COUNTY Attorneys for Defendant ADAM C. TOSH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 07-1969 LYNN M. TOSH, CIVIL ACTION -LAW Defendant IN CUSTODY ASSIGNED JUDGE: Thomas Placey ANSWER TO PLAINTIFF'S ANSWER WITH NEW MATTER TO MOTION FOR CONTINUANCE AND NOW, comes Defendant, LYNN TOSH, by and through her attorney, Maria P. Cognetti, Esquire, and files this Answer to Plaintiff's Answer With New Matter to Motion for Continuance and in support thereof avers as follows: Paragraphs 1 through 6 of Defendant's Motion for Continuance and Plaintiff's Answers thereto are incorporated herein by reference thereto. 7. Denied. The May 7, 2012 Order speaks for itself. Mother denies any averments contained in paragraph 7 that are not directly supported by the contents of the May 7, 2012 Order. 8. Denied. The averments of paragraph 8 are not within the personal knowledge of Mother, and to that extent are denied. However, by way of further answer, if Father is, in fact, desirous of having the children testify, Father should properly raise this desire via a motion to the court as required by this Honorable Court's May 7, 2012 Order. 9. Denied. Mother has no intent of delaying Father's first summer visit which is scheduled for June 23`d to July 7th, nor does Mother object to the arrangements made for her to drive the children to/from BWI Airport to meet Father as long as Father has made arrangements to fly with the children. Further, the Order Father is referring to was entered on January 20, 2009, not January 30, 2009. Paragraph 4b of the January 20, 2009 Order speaks for itself, and Mother denies any averments contained in paragraph 9 that are not directly supported by the contents of Paragraph 4b of the January 20, 2009 Order. 10. Admitted in part and denied in part. It is admitted that Father sent Mother an email regarding his summer visit, and Mother responded seeking additional information as required by the January 20, 2009 Order. Pursuant to Section 7 of the January 20, 2009 Order, which is attached and marked as "Exhibit A," "prior to purchasing the children's airline tickets... Father shall provide written notice, via email, of the proposed transportation arrangements (including costs of the tickets, destination airport, and whether or not the Father will be accompanying the children on either the departing or returning flight) to the Mother no later than ninety (90) days prior to the first day of the scheduled period." It is clear that Father did not comply with the 90 days requirement; however, Mother was willing to overlook this so long as she received the other required information. Finally, the May 15, 2012 email exchange speaks for itself, and Mother denies any averments contained in paragraph 10 that are not directly supported by the contents of the May 15, 2012 email exchange. 11. Admitted in part and denied in part. It is admitted that Father sent Mother an email with flight itineraries; however, the information provided still fell short of the information required by the January 20, 2009 Order. Pursuant to the January 20, 2009 2 Order, in addition to Section 7 quoted above, Section 15 states that "[i]n the event either party plans to remove the children from their respective homes for an overnight period or longer, that parent shall, immediately upon making such plans, provide notice to the other parent of the address and telephone number where the children can be contacted." Father's May 17, 2012 email indicated that he would be taking the children to California, and he failed to provide Mother will the requisite information regarding accommodations. Finally, Father's May 17, 2012 emails speak for themselves, and Mother denies any averments contained in paragraph 11 that are not directly supported by the contents of the May 17, 2012 emails. 12. Denied. The averments of paragraph 12 are not within the personal knowledge of Mother, and to that extent are denied. However, by way of further answer, Mother has no intent of disrupting Father's first summer visit, and she only requested the information she is entitled to pursuant to the January 20, 2009 Order. Father's averment that he "clearly stated" that he would be flying with the children is misleading as Mother was clearly confused about whether or not he would be flying with them. Perhaps the simple courtesy of a phone call from Father's counsel would have resolved this issue without the need to burden this Honorable Court. Finally, to date, Father has not provided Mother with the address and telephone number where the children can be contacted while in California as required by Section 15 of the January 20, 2009 Order. WHEREFORE, Mother respectfully requests this Honorable Court grant a continuance of the Custody Hearing scheduled for June 11, 2012, and deny Father's request that this Honorable Court schedule a time for the children to speak with the Court in chambers unless and until Father files a motion averring why such relief should be granted as required by the May 7, 2012 3 Order. Additionally, Mother requests that Father be compelled to provide her with the information regarding his travel plans required by the January 20, 2009 Order. Respectfully Submitted, MARIA P. CaGNETTI & ASSOCIATES Date: May 23, 2012 By: / v Y4,U4 v ?"`- tom`-- -? MARIA . COG TTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 4 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff's Answer With New Matter to Motion for Continuance at the address indicated below: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: May 23, 2012 By: /I,' l / - - MARIA P`. CO TTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ADAM C. TOSH, Plaintiff v. a"- of WWOWAWR?q *."vaa 2t IUAW IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT IN CUSTODY LYNN M. TOSH, Defendant No. 2007-1969 Civil Term IN RE: MOTION FOR CONTINUANCE ORDER OF COURT AND NOW, this 23rd day of May, 2012, upon consideration of Defendant's Motion for Continuance and Plaintiff's response in concurrence thereto, Defendant's Motion is GRANTED. The hearing previously scheduled for June 11, 2012 is RESCHEDULED to August 13, 2012 at 9:30 a.m. in Courtroom Number 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. FURTHERMORE, a RULE is issued upon Defendant to show cause why the relief requested in Plaintiff's New Matter should not be granted. Defendant's response shall be filed within twenty days from the date of this Order. NO FURTHER RELIEF is afforded to either parry at this time. /Steven Howell, Esq. Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 For Plaintiff BY-THE COU RTC A F° acey, C. P.J. Thomas A. r ? Maria P. Cognetti, Esq. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 For Defendant u ,? s?a y?i C??P; es I e ADAM C. TOSH, Plaintiff V. LYNN M. TOSH, Defendant IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT IN CUSTODY d?--!9109 CIVIL ACTION NO: 2e" IN RE: PRE-TRIAL CONFERENCE ORDER OF COURT AND NOW, this 13th day of 3une 2012, after scheduling the custody trial and upon subsequent review of the case docket it is Ordered that counsel attend a half hour pre-trial conference that shall address in advance of trial the numbered paragraphs below. The pre-trial conference shall be held on 25 My 2012 at 9:00 a.m. in Courtroom Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. The attorneys may attend in person, via video conference or via telephone. 1. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than five days prior to the pre- trial conference. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. the name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. the name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. the name and age of any child witness either party proposes to call as a witness, together with a summary paragraph of the anticipated testimonial area for each child that either party intends to call at trial; d. a list of proposed questions the court may ask, in camera, of any child witness; e. a list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; f. the pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court; and g. a proposed final custody order. 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre- trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the narrowing of the issues; b. the entry of a scheduling order; c. the special scheduling of any child witness either party intends to call at trial; d. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; e. the limitation of the number of expert witnesses; f. settlement and/or mediation of the case; and g. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. BY THE COURT. Thomas lacey, C.P.J. ? Steven Howell, Esq. 619 Bridge Street .Y New Cumberland, PA 17070 _ - Attorney for Father - - ? Maria P. Cognetti, Esq. 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 w= Attorney for Mother 91 - A ADAM C. TOSH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 2007-1969 CIVIL TERM LYNN M. TOSH, Defendant IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 25th day of July, 2012, a pretrial conference was held in the jury deliberation room of Number 6 of the Cumberland County Courthouse in the above-captioned case on July 25th, 2012. Present on behalf Plaintiff was Steven Howell, Esquire. Present on behalf of Defendant was Maria P. Cognetti, Esquire. This is a custody action between mother, Lynn M. Tosh, Defendant, and father, Adam C. Tosh, Plaintiff, concerning their children, Annabelle, born May 21st, 2000, and Clara, born December 9th, 2002. Plaintiff shall proceed first with testimony. In addition to the parties themselves, at trial the expected expert witnesses are Melinda Eash for Plaintiff, Rachel Kuhr for Defendant. Prior to trial, these experts are authorized and ordered to share information on both parties regarding this case with opposing counsel. Child witnesses shall be brought to the courthouse for testimonial purposes at 12:30 p.m. for testimo beginning at 1:00 p.m., and are thereafter excused from the courthouse. The total time allotted for each party, examination and cross examination of all witnesses, is 3 hours, how they choose to use it is left to them, but additional time will no be given absent extraordinary circumstances. There are no objections to the exhibits identified in each party's pretrial memorandum. The parties agree that there are no convictions which would require evaluation. There are no outstanding motions. The trial shal: commence on August 13th, 2012, at 9:30 a.m., in Courtroom Numb4 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. This order shall control the subsequent course action unless modified at the trial to prevent manifest injustice. By the Court, s A- k'Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 For Plaintiff Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 For Defendant mae eep; e-5 /Ac, IeOl >/P71d 44t cs ? w c r v CO of fir" CD --+o -n c3-n xc=> r+r? ADAM C. TOSH, IN THE COURT OF COMMON PLF :S =- PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 2007 - 1969 NO _ LY . M. TOSH, r 7- DE NDANT CIVIL, ACTION - CUSTODY - ?, STIPULATION FOR ENTRY OF A CONSENT ORDER 1. Plaintiff Adam C. Tosh is represented by Steven Howell, Esquire. 2. Defendant Lynn M. Tosh is represented by Maria P. Cognetti, Esquire 3. Each party has been advised of their right to be present in court prior to the entry of this order and each has waived this right. 4 Each party requests that the proposed Order of Court consisting of sixteen (16) numbered paragraphs be entered as the Order in this matter. BY: 4 4, 1 ?/? /i Ad C. To h Date:; j?00% BY Date: qV,44LL L -4 Lyn . T o s h oil a Y BY: Date: BY: Date: ??l3 12-o rz ~~ i F ~~ ,= K/ ,~~ ADAM C. TOSH, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. N0.2007 - 1969 LYNN M. TOSH, DEFENDANT CIVIL ACTION -CUSTODY ~~,,ORD R OFCO~U/RT AND NOW, this~~day of G/l' 2012 it is hereby ORDERED that: 1. The parties shall share legal custody of ANNABELLE L. TOSH (DOB 5/21/2(100) AND CLARA M. TOSH (DOB 12/9/2002). Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the well being of the children including, but not limited to, all decisions regarding their health, education, welfare and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, and religious or school records. To the extent one parent has possession of any such records ar 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. Lynn M. Tosh (hereinafter "Mother") shall enjoy primary physical custody of ANNABELLE L. TOSH and CLARA M. TOSH subject to periods of partial physical custody with Adam C. Tosh (hereinafter "Father") as follows: SCHOOL YEAR: Father shall enjoy one (1) weekend per month between September 1st through May 31 S` each year commencing at dismissal time on Friday (or Thursday if Friday is not a school day) from school for both children until 6:00 PM the evening before the next scheduled school day. Father shall pick up both children at their schools at dismissal time and return the children to Mother's residence in Cumberland County. Father's weekends shall include Columbus Day, Martin Luther King Day, and President's Day and any other weekend in which a school vacation day is scheduled for a Friday immediately preceding his weekend or a Monday immediately following his weekend. His weekends shall commence on the preceding last day of school (on Friday if Monday is the in service or holiday day or Thursday if Friday is the in service or holiday) at dismissal time when Father shall pick up the children at their school/s. Father shall provide Mother with thirty (30) days advance written notice of the weekends he shall select i ,. T_ ~' ~._/ for September, November, December, March, April, and May. The parties agree that Father's holidays for Thanksgiving, Christmas or Easter/Spring Break awarded to him under this Order shall be considered as "his" weekend for purposes of this paragraph in those months. Father's weekends may be spent within the Commonwealth of Pennsylvania or outside the Commonwealth of Pennsylvania and Mother shall not schedule activities for those weekends and, if she does, she understands the children may not attend such activities without Father's express written consent. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. If Father's plans for the girls will mean they cannot participate in an activity on a weekend visitation he shall provide twenty four (24) hours notice to Mother. Mother shall have the right to designate one (1) weekend per month f©r the months of September, November, December, March, April and May ~s "her" weekend with the children. She shall provide thirty (30) days advance written notice of these weekends to Father. The party that provides the first written notice (other than holidays) shall enjoy the weekend. Mother may not select a weekend previously awarded to Father under the terms of this Order. Father's parents shall have the right to notify Mother of one (1) weekend (which may not alter any holiday schedule or Mother's Day weekend) per school year in which they wish to exercise the same visitation rights as Father enjoys. Grandparents shall provide no less than thirty (30) days advance written notice of such a request and this weekend may not be taken on any weekend already selected by Mother for which she has provided written notice to Father or which is otherwise awarded to her under this Order. This provision is simply designed for the paternal grandparents to enjoy one weekend between September 1St and May 31St each year under the same terms and conditions Father enjoys under this Order. 4. SUMMER VACATION: Father shall have partial physical custody pf both children for two (2) three (3) week segments. If Father elects the driving option, the first summer visit shall run from Noon on the second Saturday after the last day of school and continue for twenty (21) days and shall always include the July 4th holiday. For the summer of 2013 the visits shall commence Saturday, June 15, 2013 to Saturday, July 6, 2013. The second summer visit for twenty (21) days shall commence no later than the last Saturday in July. For the summer of 2013 the visit shall commence Saturday, July 27, 2013 to Saturday, August 17, 2013. In the event Father elects the driving option and resides in Lexington, Kentucky or any location the same distance or closer to Mechanicsburg, Pennsylvania, the parties shall meet at a mutually agreed upon location half way between the parties' residences. If Father lives farther away than Lexington, Kentucky or simply chooses the option to fly the children then Father shall be solely responsible for arranging the transportation in accordance with Paragraph 6. The decision ~_ _ ~ u to drive or fly shall be Father's sole decision. The parties shall only drive on one of the two summer visits. Father shall provide thirty (30) days written notice of which summer segment shall involve driving or flying. Under no circumstances shall Mother have to drive more than 275 miles on either leg of the exchange if the parties have a driving exchange. CHRISTMAS BREAK: In years ending in odd numbers Father, if he does not elect airline transportation, shall have partial physical custody of both children from the last day of school at dismissal time (Father shall pick up the children at their school/s) until 6 PM the evening before the first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 6 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. In the years ending in even numbers Mother shall enjoy the same period of uninterrupted time with the children. THANKSGIVING BREAK: In years ending in even numbers Father, if he does not elect airline transportation, shall have partial physical custody of both children from the last day of school at dismissal time (Father shall piak up the children at their school/s) until 6 PM the evening before the first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 6 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. In the years ending in odd numbers Mother shall enjoy the same period of uninterrupted time with the children. EASTER ANDlOR SPRING BREAK: In years ending in odd numbers, if he does not elect airline transportation, Father shall have partial physical custody of both children from the last day of school at dismissal time (Father shall pick up the children at their school/s) until 6 PM the evening before tl~e first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 6 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. In the years ending in even numbers Mother shall enjoy the same period of uninterrupted time with the children. LABOR DAY: Mother shall always enjoy the Labor Day weekend and holiday. MEMORIAL DAY: Mother shall always enjoy the Memorial Day weekend and holiday. __ _ __ _ _ _r ___ ~ _ ___ JULY 4TH: Father shall always enjoy the July 4t" Holiday as part of his summer visitation. MOTHER'S DAY: .Mother shall always enjoy the holiday from 9AM to 9PM and the Saturday prior to the holiday as well. FATHER'S DAY: Father shall always enjoy the holiday from 9AM to 9PM and the Saturday prior to the holiday as well. 6. For any period of partial physical custody requiring airline transportation Father shall be solely responsible for all travel arrangements and costs associated with any airline flights. In the event Father cannot be present for the pick up of the children and for purposes of flying the children, the parties agree that Father, Father's wife, or the paternal grandparents may pick up the children at school as set forth in this Order. Father agrees that pending further Order of Court the children shall always be accompanied by Father, Father's wife, or the paternal grandparents on all flights. Mother's responsibility shall be to drop off and pick up the children at Harrisburg International Airport, Reagan National Airport, or Baltimore Washington International Airport based upon Father's selected flight schedule and ensure the children and their luggage are checked in, ticketed and are on the scheduled flight. In the event the children are not on the scheduled flight then Mother shall be responsible for all costs associated in providing alternative air transportations for the next available flight to the original destination. Father shall provide to Mother at least thirty (30) days written notice if she is asked to drive the children to the airport. If Father (or his wife or paternal grandparents) intends to pick the children up at Mother's residence in Mechanicsburg to fly, then he shill provide seven (7) days advance notice of the flight plans. Father agrees that he shall pick no earlier flight than 7:30 AM for flights originating froth Harrisburg International Airport or 10:00 AM for flights originating flrom Reagan National Airport or Baltimore Washington International Airport. 7. Neither parent shall disparage the other parent of his/her family to the children nor permit others to do so. 8. Each parent shall be entitled to reasonable communication with the children when in the care of the other parent. At a minimum the children shall speak with the non-custodial parent every other day when in the care of the other parent between 8:00 PM and 8:30 PM. 9. The parties shall apply for and execute the documents necessary to obtain United States Passports for both children. Father shall pay for the application fees and photographs and Father's attorney, Steven Howell, Esquire shall hold Annabelle's passport and Mother's attorney, Maria Cognetti, Esquire shall hold Clara's passport. If either party desires to travel outside the United States with one or both of the children he/she shall provide forty five (45) days `..~ written notice and the other parent shall respond within ten (10) days in writing if he/she consents to the travel. Consent shall not be unreasonably withheld from either party. In the absence of a written consent to the travel, neither attorney shall release the passport to a party and must seek a hearing before the Court of Common Pleas of Cumberland County. The Court shall conduct an expedited hearing on the travel request. 10. The prior Order of this Court dated January 20, 2009 is vacated and replaced with this Order. 11. The Custody Trial scheduled for August 13, 2012 is removed from the schedule as all pending matters have been resolved by agreement. 12. In the event Father decides to relocate outside the continental United States for employment then the parties agree that the periods of partial physical custody set forth above are subject to review and the Court shall conduct an expedited proceeding at the request of either party. 13. The parties may modify the terms of this Order by mutual consent in writing. In the absence of mutual consent in writing the terms of this Order shall control. 14. Each parent shall comply with all written directives from the treating physicians for Clara and Annabelle regarding medications and special dietary restrictions. 15. With regard to notice required by this Order, each party shall provide written notice via email with the exception of an emergency involving the children in which case the contact shall be via telephone. 16. Each parent shall notify the other parent via email of any time either of the children or both of the children will be spending an overnight away from the parent's residence. This notification shall include the address (for example the name of the hotel or resort and the actual physical address for the location) where the children will be spending an overnight if not at the parent's residence. The only exception to this notification is a sleepover by one or both children at a friend's house for not more than twenty four (24) hours. Sleepovers at a friend's house of twenty four (24) hours or less shall not require notification to the other parent. Certified Copies To: Il Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 / Maria P. Cognetti, Esquire Suite 102, 210 Grandview Avenue Camp Hili, PA 17011 ~~ By the Court: Judge Thomas . Place Common Pleas 3udjge h~ s c~ N ~. _ . V ~ ss ~~ .... -.. --~ w -~ -~ ~~ "3�T'ti; 'w i.-.... e J '...i pO 4H11: t y� sif J-( I_M 10 CO I ni PENNSYLV * COGNETTI&ASSOCIATES MARIA P.COGNETTI,ESQUIRE Attorney I.D.No.27914 3304 Market Street Camp Hill,PA 17011 Telephone No. (717)909-4060 Email: mcognetti @cognettilaw.com Attorneys for Defendant ADAM C. TOSH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 07-1969 LYNN M. TOSH, : CIVIL ACTION—LAW Defendant : IN CUSTODY : ASSIGNED JUDGE: Thomas Placey PETITION FOR MODIFICATION OF CUSTODY AND NOW,comes Defendant/Petitioner,Lynn M. Tosh,by and through her attorney, Maria P. Cognetti, Esquire, and files the following Petition for Modification of Custody and in support thereof avers as follows: 1. Petitioner is Lynn M.Tosh(hereinafter referred to as"Mother"),who currently resides at 2215 Spring Run Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Adam C. Tosh (hereinafter referred to as "Father"), who currently resides 1315 Portland Avenue, Saint Paul, Minnesota. 1 G,��sS'&ooYCi a 3. The parties are the natural parents of two (2) children, namely Annabelle L. Tosh, born May 21, 2000, and Clara M. Tosh, born December 9, 2002. 4. There is presently an existing Custody Order in this matter dated August 27, 2012. Said Order is attached hereto and marked as Exhibit"A." 5. Pursuant to said Order, the parties have shared legal custody. Mother has primary physical custody and Father has partial physical custody as outlined in the Order. 6. Mother believes and therefore avers that it is in the best interest of the children that Father's partial physical custody schedule be changed and his time in the summer be reduced. Specifically, Mother believes the following: a. The Christmas custody schedule should be shared between the parties each year rather than alternated year to year. b. Father's wife shall not be permitted to act as a travel companion for the children; c. When flying with the children Father should remain in the same cabin as the children (i.e. all fly in coach or all fly in first class); and d. Various and sundry other minor terms which will need to be changed due to the children getting older. 7. Mother believes and therefore avers that it is in the children's best interest that the Order of August 27, 2012, be modified. 8. Attached is the Criminal Record/Abuse History Verification form required pursuant to Pa.R.C.P. 1915.3-2. 2 WHEREFORE,Mother prays this Honorable Court grant a modification of the present Custody Order in accordance with the terms hereof. Respectfully Submitted: COGNETTI & ASSOCIATES ),/,(ciaL Date: September 27, 2013 By: i MARIA P. C I GN rt TI, ESQUIRE Attorney I.D. No. 2 •14 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner 3 CERTIFICATE OF SERVICE I, Karen A. Sheriff, Paralegal, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order at the address indicated below: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETTI & ASSOCIATES • Date: September 27, 2013 By: � ',. , /� KA N A. SHERIFF, PA'; : L"GAL 3 04 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 VERIFICATION I, Lynn Tosh, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: ' oCJ� Lynn sh 'f / 7c.\\ ADAM C. TOSH, • IN THE COURT OF COMMON PLEAS PLAINTIFF • OF CUMBERLAND COUNTY, PENNSYLVANIA • VS. •• • NO. 2007 - 1969 LYNN M. TOSH, • DEFENDANT • CIVIL ACTION—CUSTODY CORD R OF COURT AND NOW, this2�day of (✓l' 2012 it is hereby ORDERED that: 1. The parties shall share legal custody of ANNABELLE L. TOSH (DOB 5/21/2000) AND CLARA M. TOSH (DOB 12/9/2002). Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the well being of the children including, but not limited to, all decisions regarding their health, education, welfare and religion. Pursuant to the terms of 23 Pa. C.S. Section 5309,each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, and religious or school records. 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. Lynn M. Tosh (hereinafter"Mother") shall enjoy primary physical custody of ANNABELLE L. TOSH and CLARA M. TOSH subject to periods of partial physical custody with Adam C. Tosh(hereinafter "Father") as follows: 3. SCHOOL YEAR: Father shall enjoy one(1) weekend per month between September 1st through May 31St each year commencing at dismissal time on Friday(or Thursday if Friday is not a school day) from school for both children until 6:00 PM the evening before the next scheduled school day. Father shall pick up both children at their schools at dismissal time and return the children to Mother's residence in Cumberland County. Father's weekends shall include Columbus Day, Martin Luther King Day, and President's Day and any other weekend in which a school vacation day is scheduled for a Friday immediately preceding his weekend or a Monday immediately following his weekend. His weekends shall commence on the preceding last day of school (on Friday if Monday is the in service or holiday day or Thursday if Friday is the in service or holiday) at dismissal time when Father shall pick up the children at their school/s. Father shall provide Mother with thirty(30)days advance written notice of the weekends he shall select for September,November, December, March, April, and May. The parties agree that Father's holidays for Thanksgiving, Christmas or Easter/Spring Break awarded to him under this Order shall be considered as "his"weekend for purposes of this paragraph in those months. Father's weekends may be spent within the Commonwealth of Pennsylvania or outside the Commonwealth of Pennsylvania and Mother shall not schedule activities for those weekends and, if she does, she understands the children may not attend such activities without Father's express written consent. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. If Father's plans for the girls will mean they cannot participate in an activity on a weekend visitation he shall provide twenty four(24) hours notice to Mother. Mother shall have the right to designate one(1) weekend per month for the months of September,November, December, March, April and May as "her" weekend with the children. She shall provide thirty (30) days advance written notice of these weekends to Father. The party that provides the first written notice (other than holidays) shall enjoy the weekend. Mother may not select a weekend previously awarded to Father under the terms of this Order. Father's parents shall have the right to notify Mother of one (1) weekend (which may not alter any holiday schedule or Mother's Day weekend)per school year in which they wish to exercise the same visitation rights as Father enjoys. Grandparent/s shall provide no less than thirty(30) days advance written notice of such a request and this weekend may not be taken on any weekend already selected by Mother for which she has provided written notice to Father or which is otherwise awarded to her under this Order. This provision is simply designed for the paternal grandparent/s to enjoy one weekend between September ls`and May 31st each year under the same terms and conditions Father enjoys under this Order. 4. SUMMER VACATION: Father shall have partial physical custody of both children for two (2) three (3) week segments. If Father elects the driving option, the first summer visit shall run from Noon on the second Saturday after the last day of school and continue for twenty (21) days and shall always include the July 4th holiday. For the summer of 2013 the visits shall commence Saturday, June 15, 2013 to Saturday,July 6, 2013. The second summer visit for twenty (21) days shall commence no later than the last Saturday in July. For the summer of 2013 the visit shall commence Saturday, July 27,2013 to Saturday,August 17,2013. In the event Father elects the driving option and resides in Lexington, Kentucky or any location the same distance or closer to Mechanicsburg, Pennsylvania, the parties shall meet at a mutually agreed upon location half way between the parties' residences. If Father lives farther away than Lexington, Kentucky or simply chooses the option to fly the children then Father shall be solely responsible for arranging the transportation in accordance with Paragraph 6. The decision to drive or fly shall be Father's sole decision. The parties shall only drive on one of the two summer visits. Father shall provide thirty (30) days written notice of which summer segment shall involve driving or flying. Under no circumstances shall Mother have to drive more than 275 miles on either leg of the exchange if the parties have a driving exchange. 5. CHRISTMAS BREAK: In years ending in odd numbers Father, if he does not elect airline transportation, shall have partial physical custody of both children from the last day of school at dismissal time (Father shall pick up the children at their school/s) until 6 PM the evening before the first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 6 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. In the years ending in even numbers Mother shall enjoy the same period of uninterrupted time with the children. THANKSGIVING BREAK: In years ending in even numbers Father, if he does not elect airline transportation, shall have partial physical custody of both children from the last day of school at dismissal time (Father shall pick up the children at their school/s) until 6 PM the evening before the first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 6 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. In the years ending in odd numbers Mother shall enjoy the same period of uninterrupted time with the children. EASTER AND/OR SPRING BREAK: In years ending in odd numbers, if he does not elect airline transportation, Father shall have partial physical custody of both children from the last day of school at dismissal time (Father shall pick up the children at their school/s) until 6 PM the evening before the first day of school when Father shall return the children to Mother's residence in Cumberland County. If Father elects to use airline transportation then Paragraph 6 shall govern the transportation of the children. Mother shall provide to the school's office the overnight bag for each child which Father shall return to Mother's residence at the conclusion of the visit. In the years ending in even numbers Mother shall enjoy the same period of uninterrupted time with the children. LABOR DAY: Mother shall always enjoy the Labor Day weekend and holiday. MEMORIAL DAY: Mother shall always enjoy the Memorial Day weekend and holiday. JULY 4TH: Father shall always enjoy the July 4th Holiday as part of his summer visitation. MOTHER'S DAY: Mother shall always enjoy the holiday from 9AM to 9PM and the Saturday prior to the holiday as well. FATHER'S DAY: Father shall always enjoy the holiday from 9AM to 9PM and the Saturday prior to the holiday as well. 6. For any period of partial physical custody requiring airline transportation Father shall be solely responsible for all travel arrangements and costs associated with any airline flights. In the event Father cannot be present for the pick up of the children and for purposes of flying the children,the parties agree that Father, Father's wife, or the paternal grandparent/s may pick up the children at school as set forth in this Order. Father agrees that pending further Order of Court the children shall always be accompanied by Father, Father's wife, or the paternal grandparent/s on all flights. Mother's responsibility shall be to drop off and pick up the children at Harrisburg International Airport, Reagan National Airport, or Baltimore Washington International Airport based upon Father's selected flight schedule and ensure the children and their luggage are checked in, ticketed and are on the scheduled flight. In the event the children are not on the scheduled flight then Mother shall be responsible for all costs associated in providing alternative air transportations for the next available flight to the original destination. Father shall provide to Mother at least thirty (30)days written notice if she is asked to drive the children to the airport. If Father(or his wife or paternal grandparents) intends to pick the children up at Mother's residence in Mechanicsburg to fly, then he shall provide seven (7) days advance notice of the flight plans. Father agrees that he shall pick no earlier flight than 7:30 AM for flights originating from Harrisburg International Airport or 10:00 AM for flights originating from Reagan National Airport or Baltimore Washington International Airport. 7. Neither parent shall disparage the other parent of his/her family to the children nor permit others to do so. 8. Each parent shall be entitled to reasonable communication with the children when in the care of the other parent. At a minimum the children shall speak with the non-custodial parent every other day when in the care of the other parent between 8:00 PM and 8:30 PM. 9. The parties shall apply for and execute the documents necessary to obtain United States Passports for both children. Father shall pay for the application fees and photographs and Father's attorney, Steven Howell,Esquire shall hold Annabelle's passport and Mother's attorney, Maria Cognetti, Esquire shall hold Clara's passport. If either party desires to travel outside the United States with one or both of the children he/she shall provide forty five(45) days written notice and the other parent shall respond within ten (10) days in writing if he/she consents to the travel. Consent shall not be unreasonably withheld from either party. In the absence of a written consent to the travel, neither attorney shall release the passport to a party and must seek a hearing before the Court of Common Pleas of Cumberland County. The Court shall conduct an expedited hearing on the travel request. 10. The prior Order of this Court dated January 20, 2009 is vacated and replaced with this Order. 11. The Custody Trial scheduled for August 13, 2012 is removed from the schedule as all pending matters have been resolved by agreement. 12. In the event Father decides to relocate outside the continental United States for employment then the parties agree that the periods of partial physical custody set forth above are subject to review and the Court shall conduct an expedited proceeding at the request of either party. 13. The parties may modify the terms of this Order by mutual consent in writing. In the absence of mutual consent in writing the terms of this Order shall control. 14. Each parent shall comply with all written directives from the treating physicians for Clara and Annabelle regarding medications and special dietary restrictions. 15. With regard to notice required by this Order, each party shall provide written notice via email with the exception of an emergency involving the children in which case the contact shall be via telephone. 16. Each parent shall notify the other parent via email of any time either of the children or both of the children will be spending an overnight away from the parent's residence. This notification shall include the address(for example the name of the hotel or resort and the actual physical address for the location) where the children will be spending an overnight if not at the parent's residence. The only exception to this notification is a sleepover by one or both children at a friend's house for not more than twenty four(24)hours. Sleepovers at a friend's house of twenty four(24) hours or less shall not require notification to the other parent. By the Court: Judge Certified Copies To: Thomas . Placey Steven Howell,Esquire Common Pleas Judge Howell Law Firm 619 Bridge Street New Cumberland,PA 17070 i Maria P.Cognetti,Esquire rn r Suite 102,210 Grandview Avenue " r as Camp Hill,PA 17011 cn. N pU, C) r-�GD XP c,- C) CA 7:s TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Court at Carlisle,Pa. This a) day of�.20 _ Prothonot ADAM C. TOSH, • IN THE COURT OF COMMON t4EAS PLAINTIFF • OF CUMBERLAND COUNTY-0a N PENNSYLVANIA z'`� c ` ';- 4--_ c..-) VS. : Cnr` N • NO. 2007- 1969 -<- r\> `' LYNN M. TOSH, {c r DEFENDANT CIVIL ACTION—CUSTODY N STIPULATION FOR ENTRY OF A CONSENT ORDER 1. Plaintiff Adam C. Tosh is represented by Steven Howell, Esquire. 2. Defendant Lynn M. Tosh is represented by Maria P. Cognetti,Esquire 3. Each party has been advised of their right to be present in court prior to the entry of this order and each has waived this right. 4. Each party requests that the proposed Order of Court consisting of sixteen(16) numbered paragraphs be entered as the Order in this matter. BY: ( ..� —;.1,,....,- ,"--- BY: 4441A, it--IVA- Ad C. To h Lyn . Tosh Date: �0/ Date: 1419 c5 . I`1 c)O l a V BY: �� � BY: a∎ St' n Howell, Esquire Mari P. C+:. etti, G. ire Date: : (g f (r131zo 1-z_ C"; rh rr < -r _Y.< COGNETTI&ASSOCIATES MARIA P.COGNETTI,ESQUIRE Attorney I.D.No.27914 3304 Market Street Camp Hill,PA 17011 Telephone No.(717)909-4060 Email:mcognetti @cognettilaw.com Attorneys for Defendant ADAM C. TOSH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO. 07-1969 LYNN M. TOSH, : CIVIL ACTION—LAW Defendant : IN CUSTODY : ASSIGNED JUDGE: Thomas Placey CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, LYNN M. TOSH, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unsworn falsification to authorities,that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa. C.S. §6307,to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: 1 Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (related to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ El (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ El (relating to sexual 2 assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c)or ❑ ❑ (d)(relating to obscene and other sexual materials and 3 performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 18 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children& Youth Agency ❑ ❑ or similar agency in Pennsylvania or similar statute in another jurisdiction 4 ❑ Abusive conduct as defined under the Protection ❑ ❑ from Abuse Act in Pennsylvania or similar statute in another jurisdiction El Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applied to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: 5 I verify that the information above is true and correct to the best of my knowledge, information, or belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. /' IA- )(4 10MA L ! M. TOSH 6 ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA•V. 2007-1969 CIVIL ACTION LAW LYNN M.TOSH • IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday,October 02,2013 , 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 13,2013 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 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ 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 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. �_ c_ =r Cumberland County Bar Association rna c •--ti COT 32 South Bedford Street �rn c-) - �,f_.3 C� Carlisle, Pennsylvania 17013 �� � �,,-�; S � )� Telephone (717)249-3166 --,c) A �"?`°r( A4-ki IN . CITOgIA/ON/3 ---1 co ,I.- M-41 1., YI; 1l/ ADAM C. TOSH • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2007-1969 CIVIL ACTION LAA rn • LYNN M. TOSH • cn — Defendant • IN CUSTODY ry -g _ ORDER OF COURT AND NOW, this l l day of ( , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated August 27, 2012 shall continue in effect as modified by this Order. 2. The parties shall make arrangements for the Children to participate in counseling with Vivian Blanc, the initial sessions for which have been scheduled for December 4 and December 12, 2013. The purpose of the counseling shall be to identify, assess and address the Children's perspectives and emotional well-being with regard to issues which have arisen in connection with the custodial arrangements. The parties shall obtain guidance and assistance from the counselor in addressing any identified issues and concerns. The parties shall sign any authorizations deemed necessary by the counselor in order to obtain additional information pertaining to the parties or the Children. All costs of the counseling shall be shared equally between the parties. The parties shall follow the recommendations of the counselor as to the frequency and duration of the Children's counseling. 3. The Father has provided his selected dates for the 2013 Christmas holiday period of custody which will run from December 20, 2013 through January 5, 2014, unless otherwise agreed between the parties. The Children's flights to Minnesota will leave from and return to Baltimore-Washington International Airport. 4. In the event that the issues raised in the Mother's Petition for Modification are not resolved through the counseling process, counsel may contact the conciliator within three months of the date of this Order to request the scheduling of a hearing on the Petition for Modification or an additional custody conciliation conference if both parties through counsel agree that an additional conference would be useful in resolving the outstanding issues. 5. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 6. 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. HE COURT, Thomas A. acey J. 7 cc: aria P. Cognetti Esquire—Counsel for Mother Steven Howell Esquire—Counsel for Father co_ M.A.:AEI-- I /l3 -- ,17) ADAM C. TOSH IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. : 2007-1969 CIVIL ACTION LAW • LYNN M. TOSH . Defendant • IN CUSTODY Prior Judge: Thomas A. Placey 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 Children who are the subjects of this litigation is as follows: NAME BIRTH YEAR CURRENTLY IN CUSTODY OF Annabelle Tosh 2000 Mother Clara Tosh 2002 Mother 2. A custody conciliation conference was held on November 20, 2013, with the following individuals in attendance: the Father, Adam C. Tosh(via telephone from Minnesota), with his counsel, Steven Howell Esquire, and the Mother, Lynn M. Tosh, with her counsel, Maria P. Cognetti Esquire and Nadya Chmil. 3. The parties agreed to entry of an Order in the form as attached. Ahne. ,✓.1 moo, 3 (Cc-- -- Date Dawn S. Sunday, Esquir Custody Conciliator ADAM C. TOSH, Plaintiff v. LYNN M. TOSH, Defendant Prothonotary: Kindly withdraw the appearance Defendant in the above matter. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.2007 -1969 : CIVIL ACTION - CUSTODY PRAECIPE of Maria P. Cognetti, Esquire as attorney of record for Maria P. ognetti,'E . uire Attorney I.D. #27- 1 Cognetti & Associates 3304 Market Street Camp Hill, PA 17011 (717) 884 -8939 Kindly enter the appearance of Quintina M. Laudermilch, Esquire, as attorney for the Defendant in the above matter. Dated: , _ ..fl/1 intina M. Laudermilch, Esquire Attorney I.D. #94664 Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724 -9821