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HomeMy WebLinkAbout99-0550641. ?t t t t ",t tY r, h t 1r u, : , `? .at; v ? t t J i?1 4 t q Yfi ? t ?x r 5 t V' qy r. 1. Ya 1r r 4 4,' t A+d f ?t k+ + u IE ?A C:- 4; f [N t4gg L ;Y+ Mr ? t> r ???2q O td9 a „nr 'yA 5 Adi r Ar r Jlt t ?A ,r JENNIFER R. CUTLIP V9. ROBERT L. CUTLIP, HI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. ?/y -5500 C Defendant CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, `11 ,y I jG1 upon consideration of the attached complaint, it is hereby directed tha`theJ Pies and their respectiv q or1nYs.as a?g u before • S t7.1 cft . the conciliator, , at 'rft on the day of CY?Y'-r 19?, at V m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the is ues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, by: Altl?ilt J?'+ Custody Conciliator 'The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 9 ?s 99 ?! ?. ,??,? ? ?? ?,? ?'is?9?' S1o?,cc ?? ?? ?- i JENNIFER R. CUTLIP VS. ROBERT L. CUTLIP, III Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - CUSTODY PETITION FOR CUSTODY AND COMES NOW, JENNIFER R. CUTLIP, by her attorney, Timothy J. Colgan, Esq., and files the following Petition: 1. Plaintiff, Jennifer R. Cutlip, resides at 3 North Seasons Drive, Dillsburg, York County, Pennsylvania 17019. 2. Defendant Robert L. Cutlip, III, resides at 1141 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, Kaylie Cutlip, bom 12/23/94. 4. The Defendant has been in care and custody of the minor child since May 1997. 5. Plaintiff seeks rights of partial physical custody and shared legal custody of the minor child as this is believed to be in the best interest of the minor child. 6. The child was born out of wedlock. 7. There are no court orders establishing custody or visitation. 8. No other person or persons aside from the parties hereto asserts a right of custody or visitation with respect to the minor child. WHEREFORE, Plaintiff prays that the Court enter an Order granting her rights of partial physical and shared legal custody of the minor child. Respectfully submitted, Dated: *I- Timothy J. qW, uire WILEY, LENOX & COLGAN, P.C. I South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, JENNIFER R. CUTUP that the statements made in this document are true and correct to the best of my knowledge, information, and belief. 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: 1 13 IT- '-A.A v` n.2 ', e- P., lM c? JF,NNIFER R. TLIP Plaintiff v , I I- ;L I• r"•, 1 N ? 'l V U Y J 11 ?? W CJ a: 0 0 0? ? U a ?a . Ad P W ? p9o ? o 3 SEP 1 0 1999\ JENNIFER R. CUTLIP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTS, PENNSYLVANIA VS. N0. 99-5506 CIVIL TERM ROBERT L. CUTLIP, III CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z 6 `" day of o , 1999, upon consideration of the attached Custody conciliation Report, it is ordered and directed as follows: 1. The Mother, Jennifer R. Cutlip, and the Father, Robert L. Cutlip, III, shall have shared legal custody of Kaylie Cutlip, born December 23, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 2. The Father shall have primary physical custody of the Child. 3. During the school year, the mother shall have partial physical custody of the Child on alternating weekends from Friday at 7:00 p.m. through Sunday at 3:00 p.m., beginning Friday, October 15, 1999, and also on every Wednesday from 3:30 p.m. until 7:30 p.m., beginning October 20, 1999. The parties shall cooperate in making adjustments to the Wednesday afternoon/evening custody schedule as necessary. 4. During the summer school vacation, the parties shall alternate having custody of the Child on a weekly basis with the exchange of custody to take place each week on Friday at 7:00 p.m. The alternating weekly summer schedule shall begin on the first Friday after termination of the school year with the party who would otherwise have custody of the Child on that first weekend under the regular custody schedule. The alternating weekly schedule shall end 3 days before the beginning of the school year, when the Child shall return to the Father's primary custody and the alternating weekend schedule shall resume. The parties agree to use the same preschool and/or, day care for the Child during the summer school vacation. 5. The parties shall share or alternate having custody of the Child on holidays as follows: FlLE,.=_r, ?TAAY QF T`. 99 nrt 21 ?;i sr A. CMUSIK4S: The Christmas holiday shall be divided into Segment At which shall run from 12:00 noon on Christmas Ewe until 12:00 noon on Christmas Day, and Segment B, which shall run from 12:00 noon on Christmas Day until 12:00 noon on December 26. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING BOLIDAYS: The parties shall alternate having custody of the Child on the following holidays at times to be arranged by agreement of the parties: Thanksgiving, the Child's birthday (December 23), New Years, Easter, Memorial Day, July 4th, and Labor Day. The alternating holiday schedule shall begin with the Father having custody of the Child on Thanksgiving in 1999. C. MOM'S DAVJFATBffit'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Unless otherwise agreed by the parties, the parties shall continue to exchange custody of the Child at a mutually agreeable location between the parties' residences. In the event the parties are unable to agree on the point of exchange or other exchange arrangements, the party relinquishing custody of the Child shall be responsible to provide transportation to the other party's residence for the exchange of custody. The Mother shall pick up the child at preschool/day care for the beginning of her periods of custody on Wednesdays. 7. The Father shall authorize the preschool/day care personnel to permit the maternal grandmother to pick up the Child, if necessary, for the beginning of the Mother's periods of custody. 8. The Mother shall provide the Father with as much advance notice as possible in the event she is unable to exercise a period of partial custody with the Child. 9. The parties acknowledge that the Child regularly attends church with the Father at The Gathering Place in Carlisle. During the mother's periods of custody, the Mother may take the child to the Sunday school program at The Gathering Place or to another church selected by the Mother. In the event the Mother does not intend to take the Child to church during her period of custody, the Mother shall make the Child available for the Father to take the Child to church. The Father shall return the Child to the Mother's residence immediately after church. 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, cc: Timothy J. Colgan, Esquire - Counsel for mother t/99, John H. Broujos, Esquire - Counsel for Father - (T-- ?. F? JENNIFER R. CUTLIP, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5506 CIVIL TERM ROBERT L. CUTLIP, III CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CCN=1ATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylie Cutlip December 23, 1994 Father 2. A Conciliation Conference was held on October 14, 1999, with the following individuals in attendance: The Mother, Jennifer R. Cutlip, with her counsel, Timothy J. Colgan, Esquire, and the Father, Robert L. Cutlip, III, with his counsel, John H. Broujos, Esquire. 3. The parties agreed to entry of an order in the form as attached. Date Dawn S. Sunday, Esquir(V Custody Conciliator gp ??^Vy N W tJ L M H}? C C g? tLM V ? H •ro ~ 44 ,.7 y M 4i .?pp7 pyp ? E j fL tpU U ? OO C? W ? HLl a 9 ? ? ?/+y ? ]Fi OCT 2 6 JENNIFER R. SMITH (CUTLIP) IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT L. CUTLIP, III DEFENDANT 99-5506 CIVIL ACTION LAW IN CUSTODY AND NOW, Friday June 01, 2001 , 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, June 18, 2001 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. Isl Dawn r'a F Custody Conciltator - The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FII F?;-?JrFICE 'I 3,10TARY 01 JUN -5 PM 1: 13 CUMBER"e,gD COUNTY PENNSYLV*JA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA JENNIFER R. SMITH (formerly Cutlip), Plaintiff * Docket No. 99-5506 Vs. * CIVIL ACTION - LAW ROBERT L. CUTLIP, III, * IN CUSTODY Defendant ORDER AND NOW, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 2001, at M., for a Pre-Haring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. SMITH (formerly Cutlip), * Plaintiff * Docket No. 99-5506 VS. * CIVIL ACTION - LAW * IN CUSTODY ROBERT L. CUTLIP, III, Defendant PETITION FOR MODIFICATION OF CUSTODY AND NOW, this day of , 2001, comes the Plaintiff, Jennifer R. Smith (formerly Cutlip), by and through her attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Manzacco, P.C., and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petition of Jennifer R. Smith, Petitioner herein, respectfully represents that on October 26, 1999, an Order of Court was entered by the Honorable Lesley Oler, Jr., upon an agreement of the parties granting the Petitioner minority physical custody of the minor child, Kaylie A. Cutlip bom December 23, 1994. A true and correct copy of said Order is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. 2. This Order should be modified because the Petitioner and natural mother, Jennifer R. Smith, believes and therefore avers that an Order of primary physical custody in favor of Petitioner is in the best interest of the minor child. Respect Ily submitted, Date: May 14, 2001 Timothy J. uire WILEY, LENOX, COLGAN & MARZZACCO 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, JENNIFER R. SMITH, verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: I D C) 1 ?o r r?Lp a? ? h^x -?1 J) I?NIFER R. MITH hx 0 ? v p 3?"^ aS O L ° o O N . M ? ?qs a 0 4 ZOO'3? 6. JENNIFER R. SMITH (CUTLIP), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5506 CIVIL TERM ROBERT L. CUTLIP, III, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this (C) day of 17u I , 2001, upon consideration of the attached Custody COW Nation Report, it is ordered and directed as follows: 1. The prior order of this Court dated October 26, 1999 shall continue in effect until the beginning of the 2001-2002 school year. At the beginning of the school year, the provisions of this Order shall become effective and shall replace the October 26, 1999 Order. 2. The Mother, Jennifer R. Cutlip, and the Father, Robert L. Cutlip, III, shall have shared legal custody of Raylie Cutlip, born December 23, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Friday at a time to be arranged by agreement of the parties. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Child at times to be arranged by agreement. During his weekly periods of custody, the Father shall transport the Child to the mother's residence before work each morning and shall pick up the Child at the Mother's residence after work. 4. The Child shall be enrolled in the school district in which the Mother resides for the beginning of the 2001-2002 school. year. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment At which shall run from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Dray, and Segment B, which shall run from 12:00 noon on Christmas Day until 12:00 noon on December 26. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING aOLMUS: The parties shall alternate having custody of the Child on the following holidays at times to be arranged by agreement of the parties: Thanksgiving, the Child's birthday (December 23)1 New Years, Easter, Memorial Day, July 4th, and Labor Day. The alternating holiday schedule shall begin with the Father having custody of the Child on Thanksgiving in 1999. C. MO "M,S MY/FAT='S DAY: The Mother shall have custody of have CUB every year on Mother's Day and the Father shall custody of the Child every year on Father's Day. D. The holiday custody schedule shall supersede and take Precedence over the regular custody schedule. 6. The parties acknowledge that the Child regularly attends church with the Father at The Gathering Place in Carlisle. During the Mother's Periods of custody, the Mother may take the mild to the Sunday school program at The Gathering Place or to another church selected by the Mother. In the event the Mother does not intend to take the Child to church during her period of custody, the Mother shall make the Child available for the Father to take the Child to church. The Father shall return the Child to the Mother's residence immediately after church. 7. The parties shall follow the shared custody schedule set forth in this Order through, at least, the end of November, 2001 to allow the Child belioeves rtunity the adjust is the new schedule. In the not serving the Chi ds event interests at that time, that party may contact the Conciliator to schedule an additional custody conciliation Conference to review the arrangements. Neither party shall be prejudiced in his or her position on custody due to the parties' agreement to determine if a shared custody arrangement is in the Child's best interests. 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 10 THE MTRT. 7. cc: Timothy J. Colgan, Esquire - Counsel for Mother Henry van Eck, Esquire - Counsel for Father JENNIFER R. SMITH (CUTLIP), Plaintiff vs. ROBERT L. CUTLIP, III, Defendant PRIOR JUDO: J. Wesley Oler, Jr. IN THE COURT OF C=4CN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5506 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSKOY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH (LIBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-B, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIM CURRENTLY IN COST= OF Kaylie A. Cutlip December 23, 1994 Father 2. A Custody Conciliation Conference was held on July 11, 2001, with the following individuals in attendance: The Mother, Jennifer R. Smith, with her counsel, Timothy J. Colgan, Esquire, and the Father, Robert L. Cutlip, III with his counsel, Henry Van Eck, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?o1Eoc?C1( Date Dawn S. Sunday, Esquire Custody Conciliator a 3 ~ 41 yyy 4-1 .H w Al aU ^ ?E q v ro a H c? 0 °k7l vbi¢ ' ` v l ? ? H ? ui a t5 a' 3 • iBpt a ?n y YI vi .a ? o ? .? ° 3 a ? H U 7 FG' .y 200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. SMITH (formerly Cutlip); Plaintiff Docket No. 99-5506 Vs. CIVIL ACTION - LAW * IN CUSTODY ROBERT L. CUTLIP, III, " Defendant On this 22nd day of October, 2001, 1 certify that a copy of the foregoing document was served upon the following attorney for the Commonwealth of Pennsylvania by U.S. regular mail, address as follows: Henry W. Van Eck, Esquire Cunningham & Chemicoff, P.C. P.O. Box 60457 2320 North 2nd Street Harrisburg, PA 17106-0457 Respectfully submitted by: Wiley, Lenox, Colgan & Marzzacco, P.C Michele A. Reneker, Secretary to Timothy J. Colgan, Esquire 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 4-' N L> i!% q CJ d v a O ¢ y c J ? o^ rn O N B ? a y a LLI ?' n n G' 3 Q ? a v F G vAs° c d O rr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. SMITH (formerly Cutlip), Plaintiff Vs. * Docket No. 99-5506 * CIVIL ACTION - LAW ROBERT L. CUTLIP, III, * IN CUSTODY Defendant VERIFICATION I, JENNIFER R. MACHEMER (formerly Smith, formerly Cutlip), verify that the statements made in the Petition for Modification of Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: 10 1 'S? O J NNIFER MACHEMER aintiff r C_ N LLt. ` _ -r U: C F. Z 4 S O w r.;.. N ? L U ilk F : p ?2 o V v a 5 a a a. io°N r y.Eae u r ro y m 3 2 a vent. F O JENNIFER R. SMITH (CUTLIP) IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-5506 CIVIL ACTION LAW ROBERT L. CUTLIP III DEFENbANT IN CUSTODY AND NOW, Wednesday, October 24, 2001 , 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 14, 2001 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday Esq. i?b Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CU?tP`Li J`:??LIANU??. Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. SMITH (formerly Cutlip), Plaintiff * Docket No. 99-5506 * vs. * CIVIL ACTION - LAW * IN CUSTODY ROBERT L. CUTLIP, III, Defendant ORDER OF COURT AND NOW, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2_, at .m., 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. FOR THE COURT, by: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. SMITH (formerly Cutlip), * Plaintiff * Docket No. 99-5506 * Vs. * CIVIL ACTION - LAW * IN CUSTODY ROBERT L. CUTLIP, III, Defendant PETITION FOR MODIFICATION OF CUSTODY AND NOW, this Alrr, day of owvbe? 2001, comes the Plaintiff, Jennifer R. Machemer (formerly Smith, formerly Cutlip), by and through her attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: The Petition of Jennifer R. Machemer, Petitioner herein, respectfully represents that on July 19, 2001, an Order of Court was entered by the Honorable J. Wesley Oler, Jr., upon an agreement of the parties granting the Petitioner shared physical custody of the minor child, Kaylie A. Cutlip bom December 23, 1994. A true and correct copy of said Order is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. 2. This Order should be modified because the Petitioner and natural mother, Jennifer R. Machemer, believes and therefore avers that an Order of primary physical custody in favor of Petitioner is in the best interest of the minor child. 3. Although the parties had stipulated to following the custody schedule set forth in the July 19, 2001 Order until the end of November 2001, father's work schedule has changed so significantly that he is unable to care for the child on a week-on week-off basis. 4. It is believed and therefore averred that father is now working from 3:00 p.m. to 1:30 a.m. Monday through Thursday, every week. Kaylie is picked up from mother's home after school and is taken to her paternal grandparents home in Lewisberry, Pennsylvania. 6. She spends her days with her paternal grandparents during father's week of physical custody. Mother believes that a modified schedule of custody which would allow the father to maximize his time with Kaylie during periods when he is not at work would be in the best interest of the child. WHEREFORE, Petitioner respectfully requests that an Order granting her primary physical custody and shared legal custody of Kaylie be entered by the court. Respectfully submitted, Date: October d' , 2001 Timothy J. Co}gaauire WILEY, LENOX, COLGAN & MARZZACCO I South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D.#77944 The undersigned, on behalf of my client, Jennifer R. Machemer (formerly Smith, formerly Cutlip), verify that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by: Timothy J Co squire 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 ID No.: 77944 JENNIFER R. SMITH (CUTLIP), IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-5506 CIVIL TERM ROBERT L. CUTLIP, III, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this ?[?Q?T day of r 2001, upon consideration of the attached Custody Conc 1 atio Report, t is ordered and directed as follows: 1. The prior Order of this Court dated October 26, 1999 shall continue in effect until the beginning of the 2001-2002 school year. At the beginning of the school year, the provisions of this Order shall become effective and shall replace the October 26, 1999 Order. 2. The Mother, Jennifer R. Cutlip, and the Father, Robert L. Cutlip, III, shall have shared legal custody of Kaylie Cutlip, born December 23, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Friday at a time to be arranged by agreement of the parties. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Child at times to be arranged by agreement. During his weekly periods of custody, the Father shall transport the Child to the Mother's residence before work each morning and shall pick up the Child at the Mother's residence after work. 4. The Child shall be enrolled in the school district in which the Mother resides for the beginning of the 2001-2002 school year. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A. CH0RISTW: The Christmas holiday shall be divided into Segment At which shall run from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day, and Segment B, which shall run from 12:00 noon on Christmas Day until 12:00 noon on December 26. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on the following holidays at times to be arranged by agreement of the parties: Thanksgiving, the Child's birthday (December 23), New Years, Easter, Memorial Day, July 4th, and Labor Day. The alternating holiday schedule shall begin with the Father having custody of the Child on Thanksgiving in 1999. C. M0?1R Et'S DAY/FATHE'R'S DAY: The Mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The parties acknowledge that the child regularly attends church with the Father at The Gathering Place in Carlisle. During the mother's periods of custody, the Mother may take the Child to the Sunday school program at The Gathering Place or to another church selected by the Mother. In the event the Mother does not intend to take the Child to church during her period of custody, the Mother shall make the Child available for the Father to take the Child to church. The Father shall return the Child to the Mother's residence immediately after church. 7. The parties shall follow the shared custody schedule set forth in this Order through, at least, the end of November, 2001 to allow the Child an opportunity to adjust to the new schedule. In the event either party believes that the schedule is not serving the Child's best interests at that time, that party may contact the conciliator to schedule an additional Custody Conciliation Conference to review the arrangements. Neither party shall be prejudiced in his or her position on custody due to the parties' agreement to determine if a shared custody arrangement is in the Child's best interests. 8. This Order is entered pursuant Custody Conciliation Conference. The this Order by mutual consent. In the of this Cider shall control. and OW ? of oupt at Carlisle, P& to an agreement of the parties at a TRUE COPY FROM RECORD In Ter?' ^°^y wh V I here unto set my [Wid parties may modify the provisions of absence of mutual consent, the terms cc: Timothy J. Colgan, Esquire - Counsel for Mother Henry Van Eck, Esquire - Counsel for Father JENNIFER R. SMITH (CUTLIP), Plaintiff Vs. ROBERT L. CUTLIP, III, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5506 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF B31M CURRENTLY IN CUSTODY OF Kaylie A. Cutlip December 23, 1994 Father 2. A Custody Conciliation Conference was held on July 11, 2001, with the following individuals in attendance: The Mother, Jennifer R. Smith, with her counsel, Timothy J. Colgan, Esquire, and the Father, Robert L. Cutlip, III with his counsel, Henry Van Eck, Esquire. 3. The parties agreed to entry of an order in the form as attached. -" ( of , av u I i Date Dawn S. Sunday, Esquire Custody Conciliator c w `? C7 Uc,. v LUz Ll I W P? ? L , • fT uw (-7J t;r L.' ? :lam f-" G ]]2 Li C) a U a p! a a` o°N ?a9av O OCl.1 ZUUI JENNIFER R. SMITH (CUTLIP), Plaintiff Vs. ROBERT L. CUTLIP, III, Defendant JAN 0 9 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5506 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7M day of January, 2002, the Conciliator, having received no request from either party to reschedule the Custody Conciliation Conference originally scheduled for December 5, 2001, hereby relinquishes jurisdiction. Either party may file a Petition for the scheduling of a Conference, if necessary. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator cv d K c ?\ I JENNIFER R. SMITH (FORMERLY CUTLip) IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT L. CUTLIP, III 99-5506 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday November 14, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 03, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Davin Cuudav &q G Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 li.1P.-_ .. ..I ?I l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. SMITH (formerly Cutlip), * Plaintiff * Docket No. 99-5506 ROBERT L. CUTLIP, III, Defendant VS. * CIVIL ACTION - LAW * IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before _ the conciliator, at onthe dayof 2002, at _.m., 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. Absent a special request and prior arrangements with the conciliator, children are discouraged from attending the conciliation 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 fumish any and all existing Protection from Abuse Orders, Special Relief Orders, and Custody Orders to the conciliator at least 48 hours prior to the scheduled conference. FOR THE COURT, by: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER R. SMITH (formerly Cutlip), Plaintiff * Docket No. 99-5506 * VS. * CIVIL ACTION - LAW * IN CUSTODY ROBERT L. CUTLIP, III, Defendant AND NOW, this day of 2002, comes the Plaintiff, Jennifer R. Machemer (formerly Smith, formerly Cutlip), by and through her attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petition of Jennifer R. Smith (formerly Cutlip), Petitioner herein, respectfully represents that on July 19, 2001, an Order of Court was entered for custody, a true and correct copy of which is attached hereto and marked as Exhibit A. 2. This Order should be modified because it is believed and therefore averred that the current schedule of alternating physical custody is no longer workable. 3. Father's work schedule prevents the continuation of the alternating week schedule. 4. Due to the fact that father begins his workday at 7:00 a.m., it is necessary for father to drop the minor child off at 6:30 a.m. at mother's house when the child does not get on the bus until 8:40 a.m. 5. The child is being seen three days per week by a reading specialist and her school work requires additional attention in the evenings. It is believed and therefore averred that father, due to his work schedule, is unable to provide that special attention. WHEREFORE, Petitioner respectfully requests that the Court modify the existing Order for physical custody and grant primary physical custody to the Petitioner because it is in the best interests of the minor child, Kaylie A. Cutlip. Respectfully submitted, Date: /o- q_ Timothy J. olgan, squire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 VERIFICATION I, Jennifer R. Smith (Cutlip), verify that the statements made in the foregoing Custody Modification Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: I_- J ifer R. S ' h (Cullip) JENNIFER R. SMITH (CUTLIP), : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO. 99-5506 CIVIL TERM ROBERT L. CUTLIP, III, ; CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF OOURT AND NOW, this A da consideration of the attach Oust y and directed as follows: ody of , 2001, upon C&Rcil at o Report, t is ordered 1. The prior Order of this Court dated October 26, 1999 shall continue in effect until the beginning of the 2001-2002 school year. At the beginning of the school year, the provisions of this Order shall become effective and shall replace the October 26, 1999 Order. 2. The Mother, Jennifer R. Cutlip, and the Father, Robert L. Cutlip, III, shall have shared legal custody of Kaylie Cutlip, born December 23, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-eme en decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place each week on Friday at a time to be arranged by agreement of the parties. The noncustodial parent shall be entitled to have a weekday evening period of custody with the Child at times to be arranged by agreement. During his weekly periods of custody, the Father shall transport the Child to the Mother's residence before work each morning and shall pick up the Child at the Mother's residence after work. 4. The Child shall be enrolled in the school district in which the Mother resides for the beginning of the 2001-2002 school year. 5. The parties shall share or alternate having custody of the Child on holidays as follows: A• CBRIsImA,S: The Christmas holiday shall be divided into Segment At which shall run from 12:00 noon on Christmas Eve until 12:00 noon on Christmas Day, and Segment B, which shall run from 12:00 noon on Christmas Day until 12:00 noon on December 26. The Mother shall have custody of the Child during segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. B. ALTERNATING HOLIDAYS: The parties shall alternate having custody of the Child on the following holidays at times to be arranged by agreement of the parties: Thanksgiving, the Child's birthday (December 23), New Years, Easter, Memorial Day, July 4th, and Labor Day. The alternating holiday schedule shall begin with the Father having custody of the Child an Thanksgiving in 1999. C. MCIl'M S DAY&ATHFR'S DAY: The Mother shall have custody of the Ch ld every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. The parties acknowledge that the Child regularly attends church with the Father at The Gathering Place in Carlisle. During the Mother's periods of custody, the mother may take the Child to the Sunday school program at The Gathering Place or to another church selected by the Mother. In the event the Mother does not intend to take the Child to church during her period of custody, the Mother shall make the Child available for the Father to take the Child to church. The Father shall return the Child to the Mother's residence immediately after church. 7. The parties shall follow the shared custody schedule set forth in this Order through, at least, the end of November, 2001 to allow the Child an opportunity to adjust to the new schedule. In the event either party believes that the schedule is not serving the Child's best interests at that time, that party may contact the Conciliator to schedule an additional Custody Conciliation Conference to review the arrangements. Neither party shall be prejudiced in his or her position on custody due to the parties' agreement to determine if a shared custody arrangement is in the Child's best interests. 8. This order is entered pursuant Custody Conciliation Conference. The this Order by mutual consent. In the of this Order shall control. TRUE COPY FROM RECORD In US # o rt wh , I here unto set my hdo rand seal of ' Count at Carlisle, F's. to an agreement of the parties at a parties may modify the provisions of absence of mutual consent, the terms cc: Timothy J. Colgan, Esquire - Counsel for Mother Henry Van Eck, Esquire - Counsel for Father JENNIFER R. SMITH (CUTLIP), Plaintiff Vs. ROBERT L. CUTLIP, III, Defendant PRIOR JUDGE: J. Wesley Oler, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5506 CIVIL TERN CIVIL ACTION - LAW IN CUSTODY CUSTODY CONZMIATICK SUMMARY REPORT IN ACCORDANCE WITS CUMBERLANID COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTS CURRENTLY IN CUSTODY OF Kaylie A. Cutlip December 23, 1994 Father 2. A Custody Conciliation Conference was held on July 11, 2001, with the following individuals in attendance: The Mother, Jennifer R. Smith, with her counsel, Timothy J. Colgan, Esquire, and the Father, Robert L. Cutlip, III with his counsel, Henry Van Eck, Esquire. 3. The parties agreed to entry of an order in the form as attached. , la-t Sul ! Date- -T- Dawn S. Sunday, Esquire Custody Conciliator } r, rn 0 O' a oa Y y '? y n ? n O NOV 0 6 2002 t' JENNIFER R. SMITH (A.K.A. CUTLIP), Plaintiff VS. ROBERT L. CUTLIP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5506 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 20914 day of Alp, r , 2003, upon consideration of the attached Custody Conciliation Repor , it is ordered and directed as follows: 1. The parties shall submit themselves, their Child, and any other individuals deemed necessary by the evaluator, to a custody evaluation to be performed by a professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. All costs of the evaluation shall be shared equally between the parties. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated July 19, 2001 shall continue in effect, with the exception of Paragraph 6, which is deleted. 3. In the event the parties are not able to reach an agreement as to all outstanding custody issues upon completion of the custody evaluation, counsel for either party may contact the conciliator to schedule an additional conference or a hearing. cc: Timothy J. Colgan , Esquire - Counsel for Mother y 2? o1 Henry W. Van Eck, Esquire - Counsel for Father BY THE COURT, CUb;r.r, ; y pEP?NSI'll4UJ/q iJ1y JENNIFER R. SMITH (CUTLIP), Plaintiff VS. ROBERT L. CUTLIP Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5506 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylie Cutlip December 23, 1994 Mother / Father 2. A Conciliation Conference was initially held on December 3, 2002 on the Mother's petition for primary physical custody of the Child. The matter was held open following the conference at the Father's request to enable the parties to discuss a possible resolution further. However, as the parties were still not able to reach an agreement, the conference reconvened on April 15, 2003. Both conferences were attended by the Mother, Jennifer R. Smith, with her counsel, Timothy J. Colgan, Esquire, and the Father, Robert L. Cutlip, with his counsel, Henry W. Van Eck, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date , O /Z Dawn S. Sunday, Esqu' Custody Conciliator 44 44 :00 0 .? a d Z x 41 ??6f,n N ? a H z H I, ,App t" 12003 JENNIFER R. SMITH (A,K.A CUTLIP), Plaintiff VS. ROBERT L. CUTLIP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5506 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this S (L day of 2003, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The prior Order of this Court dated July 19, 2001 shall continue in effect with the exception of paragraph 3 which is modified as provided in this Order. The prior Order of this Court dated April 23, 2003 shall continue in effect. 2. Pending completion by the Father of the custody evaluation, receipt of the evaluator's written recommendations and further Order of Court or agreement of the parties, the Mother shall have primary physical custody of the Child and the Father shall have liberal partial custody with the specific arrangements to be established by agreement of the parties. The temporary custody arrangement under this provision shall be implemented by the parties prior to the first day of the 2003-2004 school year or immediately, if the school year has already begun. cc:-Henry W. Van Eck, Esquire - Counsel for Father ;Timothy J. Colgan , Esquire - Counsel for Mother RK.? O 9 -48 -? BY THE COURT, ?,- SAW FF° _ , P. I: S? JENNIFER R. SMITH (CUTLIP), Plaintiff VS. ROBERT L. CUTLIP Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-5506 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kaylie Cutlip December 23, 1994 Mother / Father 2. This Court previously entered an order in this mater on April 23, 2003 as agreed between the parties at a conciliation conference on April 15, 2003. Under the Order, the parties were to obtain a custody evaluation specifically to resolve the issue of primary physical custody prior to the beginning of the 2003-2004 school year. Under the existing Order, the parties have been sharing custody on an alternating weekly schedule and the Father has been taking the Child to the Mother's residence very early in the morning before school and picking up the Child at the Mother's residence after school during his weeks of custody. Deborah Salem provided a letter to counsel indicating that although the Mother has completed the evaluation process, the evaluator has never been contacted by the Father to begin the process. As agreed at the prior conference, a telephone conference was scheduled at the request of counsel to establish temporary arrangements pending the Father's completion of the evaluation. The telephone conference was held on August 27, 2003 in which counsel for both parties participated. It was agreed that a temporary Order would be recommended to the Court to resolve the school issue pending the Father's completion of the evaluation and receipt of the evaluator's recommendations. 3. The conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquir Custody Conciliator a I 41 W b ? +J u A, '^ ? V , o M ? o .7 al l SE? 0 4 2003