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HomeMy WebLinkAbout99-06110C t ,. ;'' ;.;,t n SEP 2 2 2000 TASHA N. FERNANDEZ, Plaintiff Va. MATTHEW MORGAN, Defendant IN THE COURT OF OOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6110 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this b day of A4LI,?) , consideration of the attached Custody Conc a on Report, it and directed as follows: PUUNnFPS EXHIBIT 2000, upon is ordered 1. The prior order of this Court dated December 6, 1999 is vacated and replacer] with this order with the exception of paragraph 3 which shall continue in effect until the custody schedule set forth in this order begins on September 29, 2000. 2. The Mother, Tasha N. Fernandez, and the Father, Matthew Morgan, shall have shared legal custody of Andrue Morgan, born March 31, 1997. 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 his health, education and religion. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning September 29, 2000, from Friday, when the Father shall pick up the Child at day care by 6:00 p.m., through the following Tuesday, when the Father shall transport the Child to day care. During weeks following the Mother's weekend periods of custody, the Father shall also have custody of the Child from Monday, when the Father shall pick up the Child at day care by 6:00 p.m. through Tuesday, when the Father shall transport the Child to day care. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this order. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: Beginning in 2000, the Thanksgiving holiday ahl-?vided into Segment At which shall run from the day before Thanksgiving after day care through the Friday after Thanksgiving at 5:00 p.m., and Segment Be which shall run from the Friday after Thanksgiving at 5:00 p.m. through Sunday at 5:00 p.m. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. CERISTMAS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Faster holiday shall run from the Saturday before Easter at 5:00 p.m. through Easter Sunday at 5:00 p.m. The Mother shall have custody of the Child over the Easter holiday in even numbered years and the Father shall have custody of the Child over the Easter holiday in odd numbered years. D. MC7THS DAY/VATBER1S DAY: The mother shall have custody of t-Ihe Ch d every year on Mother's Day from 9:00 a.m. until 5:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 5:00 p.m. E. HALLDWPFI9 C9C-OR-+IRFAT: The Father shall have custody of thr on Ha oween Trick-or.Treat night in even numbered years and the Mother shall have custody of the Child on Halloween/Trick-or-Treat night in odd numbered years. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Both parties shall be entitled to have custody of the Child for two non-consecutive weeks each year upon providing 30 days advance notice to the other party. Neither party shall schedule his or her periods of extended custody under this provision during the other party's periods of holiday custody. 6. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. In the event either party is unavailable to provide care for the Child for an overnight period or longer during his or her period of custody, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third party caregivers. 8. Each party shall ensure that the other party has his or her current address and telephone number where the Child will be staying during , . that party's periods of custody. 9. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party along with an address and telephone number where the Child can be contacted. 10. Counsel for either party may contact the Conciliator within 90 days of the date of this order to schedule an additional Custody Conciliation conference if necessary. 11. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE CCMt 5 J. s ey er, ., J. cc: Johnna J. Deily, Esquire - Counsel for Mother Michael A. Scherer, Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony whereof, 1 her ;°s; sot my hand and the seal of sa)d Court at I arli jle, Pa. RECEIVED DEC D 8 19% TASHA N. FERNANDEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND OOUNTY, PENNSYLVANIA VS. NO. 99-6110 CIVIL TERM MATTHEW MORGAN, CIVIL ACTION - LAW Defendant CUSTODY PLAINTIFP8 EXHIBIT CRDER OF COURT AND NOW, this 4,-tk day of ?ir« .. (.e,? 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tasha N. Fernandez, and the Father, Matthew Morgan, shall have shared legal custody of Andrue Morgan, tarn March 31, 1997. 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 his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday when the Father shall pick up the Child at day care by 5:00 p.m. through Sunday at 5:00 p.m. The alternating weekly schedule shall begin with the Father having custody of the Child on Friday, November 26, 1999. During weeks before the Father's regular weekend period of custody, the Father shall have custody of the Child from Tuesday after day care through Thursday, when the Father shall return the Child to day care. During weeks following the Father's regular weekend periods of custody, the Father shall have custody of the child from Wednesday at 5:00 p.m. through Thursday, when the Father shall return the Child to day care. The Father shall also have custody of the Child at any other times arranged by agreement of the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: over the Thanksgiving holiday in 1999, the mother shall have custody of the Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from Thanksgiving Day at 2:00 p.m. through the following Sunday at 5:00 p.m. (which includes the Father's first alternating period of weekend custody). Beginning in 20001 the Thanksgiving holiday shall be divided into Segment A, which shall run from the day before Thanksgiving after day care through the Friday after Thanksgiving at 5:00 p.m., and Segment B, which shall run from the Friday after Thanksgiving at 5:00 p.m. through Sunday at 5:00 p.m. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. CHRISTMAS: The Christmas holiday shall be divided into segment At which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:0) noon. The Father shall have custody of the Gild during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Easter holiday shall run from the Saturday before Easter at 5:00 p.m. through Easter Sunday at 5:00 p.m. The Mother shall have custody of the Child over the Easter holiday in even numbered years and the Father shall have custody of the Child over the Easter holiday in odd numbered years. D. MDTfl R'S DAY/FA74II'StIS DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 5:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 5:00 p.m. E. BALLOWEFSI CR-0R?1StFAT: The Father shall have custody of the Ch ld on Halloween Trick-or-Treat night in even numbered years and the Mother shall have custody of the Child on Halloween/Trick-or-Treat night in odd numbered years. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Unless otherwise stated in this order, the party receiving custody shall be responsible to provide transportation for the exchange of custody. When the Mother is receiving custody of the Child, the place of exchange shall be the J. C. Penney's parking lot at the Carlisle Plaza. When the Father is receiving custody of the Child, the place of exchange shall be the 93.5 radio station on Trindle Road in Mechanicsburg. 6. The parties agree to continue discussing the Father's proposal to have custody of the Child for 1 month during each year under the Mother's primary custody schedule, with the Mother to have custody for that 1 month period in accordance with the Father's partial custody schedule. In the event the parties have not been able to resolve the extended vacation period of custody under this provision by May 1, 2000, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference on the issue. 7. 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 consents the terms of this order shall control. BY THE OOURT, .si 4 . "a . Aj J. cr id cc: Johnna J. Deily, Esquire - Counsel fo Mother Michael A. Scherer, Esquire - counsel for Father In Tr -,I t... , r n;y hand t'; C uit : Pa. ilus ... ? .. day o' _.Jb'44 ............. C?.. _ ,. O • Prothonofary TASHA N. FERNANDEZ, : IN THE.00ORT OF COMMCN PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-6110 CIVIL TERM MATTHEW MORGAN# CIVIL ACTION - LAW Defendant ; CUSTODY CUSTODY OMCMIATION 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: DATE OF RIM Andrus Morgan March 31, 1997 [L((i7D?l?'i E&Iayi •' Mother 2. A Conciliation Conference was held on November 23, 1999, with the following individuals in attendance: The Mother, Tasha M. Fernandez, with her counsel, Johnna J. Deily, Esquire, and the Father, Matthew Morgan, with his counsel, Michael A. Scherer, Esquire. 3. The parties agreed to entry of an order in the form as attached. fbn- iO . 4 o z 9. / 999 'Y Date Dawn S. Sunday, Esquire Custody Conciliator APR 1 0 NO TASHA N. FERNANDEZ, Plaintiff V. MATTHEW J. MORGAN, Defendant PACSES NO. 667000051 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - SUPPORT DOMESTIC RELATIONS SECTION No. 580 SUPPORT 1997 AND NOW, this 4th day of April, 2003, the Defendant, Matthew J. Morgan, now appearing in court on a petition for revocation of probation with the Public Defender, Ellen K. Barry, Esquire, and having admitted through counsel that he is in violation of the terms of his probation, his probation is revoked. Pursuant to an agreement reached between Plaintiff's counsel, Frederick I. Huganir, Esquire, and Defendant and his counsel, the Defendant is sentenced to a period of 12 months probation, conditioned upon his payment on today's date of the sum of $1000.00 (which the Court understands has been paid), upon his payment on or before April 30, 2003, of the sum of $597.00 on the order, upon his payment on or before May 30, 2003, of the sum of $597.00 on the order, and upon his payment in addition on a timely basis of the amounts required under the order. The three lump sum payments on arrearages provided for herein shall be paid directly to the Domestic Relations Alr1 Office in Cumberland County. pIARMFPS EXHIIBrr By the Court, J. esley Olen; r., J Frederick I. Huganir, Esquire Special Counsel for DRO Ellen K. Barry, Esquire First Assistant Public Defender wcy Big Spring School District Plainfield Elementary School 2003-04 School Year First Grade Student• Andrue Morgan Teacher: Mr HorkenharrY Effort and Skills Checklist: ?,..... ... Has accomplished _ ......................... Has not accomplished •... Assignments/Grades have been modified If blank, not covered during marking period Social Studies/Science/Health Fare intc rated into the daily first rade routine. Math I z 3 a Grado S 0 0 Art Music S Comment Statements for Special Subjects 1 Exhibits talent 2 Tries to do his/her best 3 Shows respect 4 Contributes in class s Capable of better work 6 Needs to show raped 7 Needs to imprmT self-control 8 Needs to return library books on time Services (marked with an Period 1 2 ISVCST Attendance I 2 3 tby. nesmt 1 1 0 Days Tudy 0 0 4 Teacher Comments: Pupil Assignment for next year: Your child is assigned to pLAINTIFF8 EXHIBIT Page I of I Marking Period Benchmark Grades: o ..................... Outstanding; Benchmark exceeded S ......................... Satisfactory; Benchmark attained N ..... Needs Improvement; Benchmark not attained r^. .. LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JAMES D. FLOWER CARLISLE, PENNSYLVANIA 17013 JOHN E. SLIKE TELEPHONE: (717) 243.6222 - FACSIMILE: (717) 243.6486 ROBERT- SAIDIS EMAIL: attomeyOssfl•lsw.tom GEOFFREY S. SHUFF www.ssfl•Isw.Com JAMES D. FLOWER, JR. CAROL). LINDSAY JOHNNA 1. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, If January 8, 2002 Michael A. Scherer, Esquire 17 West South Street Carlisle, PA 17013 Re: Fernandez v. Morgan Dear Mike: WEST SHORE OFFICE- 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737407 As you recall, I represent Tasha Fernandez and you represent Matthew Morgan in regard to the custody of Andrew. Although we reached an agreement at the conciliation in September, it appears that circumstances have changed significantly to result in a modification of that order. First of all, I understand that Mr. Morgan has started a new job, and has only been seeing Andrew on a limited basis, on alternating weekends from Friday until Sunday. My client has also been informed that even though he is limited to these weekends, he is not even around to spend any time with Andrew. He either leaves Andrew in custody of his girlfriend so that he can go out, or has asked other third parties, and not my client, to care for Andrew. If you review the Agreement, it provides that in the event either party intends to remove the child from his or her residence for an overnight period then advance notice should be given. This has not been accomplished, and it just appears to my client that Mr. Morgan may not be interested in having visitation with his son any longer. PLAINTIFFS EXHIBIT sue. sr!? 4 Miunael A. Scherer, ^quire January 8, 2002 Page Two Before I file a Petition for Modification, could you,please contact your client and advise if he is willing to voluntarily enter into an agreement to limit his periods of physical custody by an agreed Order. Thank you for your attention to this matter. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY Johnna FJK JJK:rlm cc: Tasha Fernandez TASHA N. MCCLINTOCK, FORMERLY IN'I'HE COURT' OF COMMON PLEAS OF TASHA N.FERNANDEZ PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-6110 CIVIL ACTION LAW MATTHEW MORGAN l IN CUSTODY DEFENDANT F ORDER OF COURT AND NOW, Thursday. July 10, 2003 , 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, August 13, 2003 at 8:30 AM for a Prc-Hcaring Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to dcftnc 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/ A= S..Sumday,-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 heating. YOU SHOULD TAKE THIS PAPER TO YOUR A'1-r0RNEY A'1' ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONIi. GO TO ORTELEIIIIONE.11IE 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 03 7 /G 43 '1Toe< i , TASHA N. MCCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff/Petitioner VS. MATTHEW MORGAN, Defendant/Respondent ORDER OF COURT SAIDIS SHUFF, FLOWER & LINDSAY AND now, this day of -,2003,u pon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2003, at o'clock _. 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 oy 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6110 CIVIL TERM IN CUSTODY For the Court, By: Custody Conciliator 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 32 South Bedford Street Carlisle, PA 17013 1-800.990-9108 16 W. 1111h Street Carlisle, PA AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, 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. By the Court, J. I SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYMATMAW 16 W. High Street Carlisle, PA TASHA N. McCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff/Petitioner VS. MATTHEW MORGAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6110 CIVIL TERM IN CUSTODY NOW comes TASHA N. McCLINTOCK, formerly Tasha Fernandez, by and through her counsel, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are the parents of a child, Andrue Morgan, born March 31, 1997. 2. Custody of Andrue is governed by a Court Order of September 20, 2000, a copy of which is attached hereto. 3. The Court Order of September 20, 2000 was entered after a conciliation, and taking Into account a custody schedule when enjoyed by the Respondent father. 4. Since the entry of the September 20, 2000 Order, circumstances have SAIDIS SHUFF, FLOWER & LINDSAY ATTOWYPATT 16 W. High Street Carlisle, PA changed so that the Respondent father now works four ten-hour shifts per week on Sunday, Monday, Tuesday and Friday, second shift, and is off three days per week, Saturday, Wednesday, and Thursday. 5. Petitioner seeks a modification of the Custody Order of September 20, 2000 with regard to Paragraph 3 so that Respondent would have custody of the child on alternating Saturdays from 9:00 a.m. until Sunday at 3:00 p.m. when he goes to work, and every Wednesday after school and/or daycare until Thursday at 6::00 p.m. WHEREFORE, Petitioner prays this Honorable Court, to modify the Custody Order. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY AT0MP7-A TAW 16 W. High $1rM GrIbit. PA Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Tasha McClintock Date: 1-1-o3 ti ?ha L h 1.N. am, y 5? . SAIDIS SNUFF, FLOWER & LINDSAY - ` ATT6eKTPAT.IAW 26 W. NISh Street Carlisle, PA v ' r? ,. f 0.. - jj 9. i w. 4 TASHA N. McCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff/Petitioner VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 6110 CIVIL TERM MATTHEW MORGAN, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE AND now, this day of , 2003, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within PETITION FOR MODIFICATION OF A CUSTODY ORDER this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Michael Scherer, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY ATTORMPAT1AW 26 W. High Sired Grlble, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for P alntifh 26 West High Street Carlisle, PA 17013 (717) 243-6222 b ?9 V 14 ` th .0 c1 stn Jet, a ;t ^x?i I?Y'S f ra L I C :r M, ?L afry +i r LAW OFFICES SAUDIS, GUIDO, SHUFF d1 MASLAND '- 76 W. HIGH STREET 1109 MARJIET SIAEET CARLISLE. PA 1701I 'CAMP HIiA.PA 17011 PHONE (717) 243.6= 'PHONE (717) 777-UM MATTHEW MORGAN, Plaintiff v. Defendant CERTIFIED con `i 199 t IN THE COURT OF I CUMBERLAND COUNTY, PENNSYLVANIA I 1 CIVIL ACTION - LAW NO. I IN ORDER OF COURT AND NOW, ntt k9 , upon consideration of the attached Complaint, it is hereby directed tha the par iee and their respective counsel pearbefore the conciliator, at LCI ap , on th day of VY-%,tmV,cf , 1999, at Ai0m., for a Pre- Hearing Custody Conference. At such conference, a 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 shall 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: c?(11tS(? 1 P?(11i.r1A . e T Custody Conciliator Ob The Court of Common Pleas of Cumberland County in 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 buninenn before the court, please contact our office. All arrangementn must be made at least 72 hours prior to any hearing or buninenn 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 FIrn r, 9g P 2G P"1 2:'n for /D olG Ael ems tea. Qi/ 4 ° 11 t.n 1 a TASHA N. FERNANDEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.Rf• 6110 CIVIL 199 MATTHEW MORGAN, CIVIL ACTION - CUSTODY .o ry Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Tasha N. Fernandez, residing at 9Q8 N) i W. Trindle Road, Apt. 2E, Mechanicsburg, PA 17055. n 2. The Defendant is Matthew Morgan, residing at 32 Bergners Mill Road, Carlisle, PA 17013. 3. Plaintiff seeks custody of the following childi Sam Present Residence taa Andrue Morgan 908 W. Trindle Rd. 2? Mechanicsburg, PA 3/31,97 The child was born out of wedlock. The child is presently in the custody of Plaintiff, who resides at 908 W. Trindle Rd. Apt. 2E, Mechanicsburg, PA 17055. During the past five years, the child has resided with the following persons and at the following addreunnui Persons Both parties &ddreoseo 25 W. Main St. Dates birth-6/97 Newville, PA 17241 Plaintiff 2149 Newville Rd. 6/97-5/98 Carlisle, PA 17013 SAIDIS, SNUFF & Plaintiff 105 E. Iliglt Street 5/98-6/99 Carlisle, PA 17013 MASLAND AMMMMATKAW 26 w. High Sven Plaintiff 908 W. Trindle Rd. 6/99-present Carlisle. PA Mechanicsburg, PA 17055 The mother of the child is Tasha N. Fernandez currently residing at 908 W. Trindle Road, Apt. 2E, Mechanicsburg, PA 17055. She is not married. The father of the child is Matthew Morgan, residing at 32 Sergners Mill Road, Carlisle, 17013. He is not married. 4. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following SAIDIS, SHUFF & MASLAND eD>ILIJ102-ANAW la w. High sue" hdlete. PA persons: Name R to ionshio Andrus Morgan son 5. The relationship of Defendant to the child is that of father. The Defendant currently resides with the following persons: Name R% ationshio Mr. and Mrs. McConnell mother/step-father Grant, Karen and Kristen half-siblings 6. Plaintiff has not participated as a part or witness, or in another capacity, on other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: Not applicable. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: Not applicable. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: Not applicable. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the child has always lived with Plaintiff, Defendant has had sporadic periods of partial physical custody, and is always threatening to move to Pittsburgh. Further, his job requires him to be away from his home for long periods of time, and the child needs a more established routine. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: S = Address Basis of Claim none WHEREFORE, Plaintiff requests the court to grant her custody of the child. SAIDIS, - SHUFF & John De y, 7uire MASLAND 26 est Hig StreATTf MI-ATI" 36 W.High avea Carlisle, P 170 CuIWe,PA Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 9 /1lgq ill J i0 ? T 4 n Q• h? F• t, ?i)3 k C: C P , U h n 44 Aj 44 h arc - 3 sgg9 J TASHA N. FERNANDEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6110 CIVIL TERM MATTHEW MORGAN, : CIVIL ACTION - LAW 'a Defendant : CUSTODY ORDER OF COURT c? C, rr72 ?/ v AND NOW, this 6A day of cc 1999, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tasha N. Fernandez, and the Father, Matthew Morgan, shall have shared legal custody of Andrus Morgan, born March 31, 1997. 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 his health, education and religion. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday when the Father shall pick up the Child at day care by 5:00 p.m. through Sunday at 5:00 p.m. The alternating weekly schedule shall begin with the Father having custody of the Child on Friday, November 26, 1999. During weeks before the Father's regular weekend period of custody, the Father shall have custody of the Child from Tuesday after day care through Thursday, when the Father shall return the Child to day care. During weeks following the Father's regular weekend periods of custody, the Father shall have custody of the Child from Wednesday at 5:00 p.m. through Thursday, when the Father shall return the Child to day care. The Father shall also have custody of the Child at any other times arranged by agreement of the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: over the Thanksgiving holiday in 1999, the Mother shall have custody of the Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from Thanksgiving Day at 2:00 p.m. through the following Sunday at 5:00 p.m. (which includes the Father's first alternating period of weekend custody). Beginning in 2000, the Thanksgiving holiday shall be divided into Segment At which shall run from the day before Thanksgiving after day care through the Friday after Thanksgiving at 5:00 p.m., and Segment B, which shall run from the Friday after Thanksgiving at 5:00 p.m. through Sunday at 5:00 p.m. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The mother shall have custody of the Child during Segment A in odd numbered years and during segment B in even numbered years. B. CHRISTMAS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The mother shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Easter holiday shall run from the Saturday before Easter at 5:00 p.m. through Faster Sunday at 5:00 p.m. The Mother shall have custody of the Child over the Faster holiday in even numbered years and the Father shall have custody of the Child over the Easter holiday in odd numbered years. D. M014mR'S DAY/FATHER'S DAY: The Mother shall have custody of the Ct ld every year on Mother's Day from 9:00 a.m. until 5:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 5:00 p.m. E. 8LGCFIE@7/2RICR-OR-TREAT: The Father shall have custody of the Ch Id on Halloween/Trick-or-Treat night in even numbered years and the Mother shall have custody of the Child on Halloween/Trick-or-Treat nioht in odd numbered vears. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Unless otherwise stated in this order, the party receiving custody shall be responsible to provide transportation for the exchange of custody. When the Mother is receiving custody of the Child, the place of exchange shall be the J. C. Penney's parking lot at the Carlisle Plaza. When the Father is receiving custody of the Child, the place of exchange shall be the 93.5 radio station on Trindle Road in Mechanicsburg. 6. The parties agree to continue discussing the Father's proposal to have custody of the Child for 1 month during each year under the Mother's primary custody schedule, with the Mother to have custody for that 1 month period in accordance with the Father's partial custody schedule. In the event the parties have not been able to resolve the extended vacation period of custody under this provision by May 1, 2000, counsel for either party may contact the Conciliator to schedule an additional custody Conciliation Conference on the issue. 7. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. BY THE COURT, J. cc: Johnna J. Deily, Esquire - Counsel fo Mother G?au.,Mee(, ?4?7/4q, Michael A. Scherer, Esquire - Counsel for Father b TASHA N. FERNANDE2, : IN THE COURT OF OOMMCN PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-6110 CIVIL TERM MATTHEW MORGAN, CIVIL ACTION - LAW Defendant CUSTODY CUSTODY OM ILIATICN SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COCNIY RULE OF CIVIL PROCEDURE 1915.3-81 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 Andrus Morgan March 31, 1997 Mother 2. A Conciliation Conference was held on November 23, 1999, with the following individuals in attendance: The Mother, Tasha M. Fernandez, with her counsel# Johnna J. Deily, Esquire, and the Father, Matthew Morgan, with his counsel, Michael A. Scherer, Esquire. 3. The parties agreed to entry of an order in the form as attached. ,(V? u Ca 9. / 999 Date Dawn S. Sunday, Esquire Custody Conciliator TASHA N. FERNANDEZ IN THE COURTOF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW MORGAN 1999-6110 CIVIL ACTION LAW DEFENDANT IN CUSTODY AND NOW, this 22nd day of June , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West hfatn Street, lltechanicsburg, PA 17055 on the 31st day of August , 2000, at3:00 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 rive 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 TILE COURT, By: Is/ Dawn S. Sunday. EsoIP Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilitcs 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 A'ITORNHY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR ITLEPHONE 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 1 ,y w r b u oe S m b . JUN z A 1DDU.C?=' 3 TASHA N. FERNANDEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6110 CIVIL TERM MATTHEW MORGAN, CIVIL ACTION-LAW Defendant IN CUSTODY ORDER OF COURT AND NOW THIS day of 2000, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esquire, the conciliator, at 39 West Main Street, Mechanicsburg, Pennsylvania, on the day of , 2000 at _ A.M./P.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 BY THE COURT, BY Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF 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, PA 17013 (717) 249-3166 TASHA N. FERNANDEZ, Plaintiff V. MATTHEW MORGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6110 CIVIL TERM CIVIL ACTION-LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Defendant, Matthew Morgan, by and through his attorney, Michael A. Scherer, Esquire and respectfully represents as follows: 1. The Petitioner is Matthew Morgan (hereinafter referred to as "Father"), who resides at 117 West High Street, Apt. C, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is Tasha N. Fernandez (hereinafter referred to as "Mother"), an adult Individual who has at all times relative hereto been represented by Johnna Deily, Esquire in this matter. 3. The parties are the parents of one minor child, Andrue Morgan (hereinafter referred to as "child"), born March 31, 1997. 4. The parties have a Custody Order which dictates that Mother has primary physical custody and Father has partial physical custody. That Custody Order is dated December 6, 1999 and is attached hereto as "Exhibit A." 5. Father is desirous of spending additional periods of time with the child in an effort to further develop the Father-son relationship in this case. 6. Father believes the best Interest and permanent welfare of the child would be enhanced If the Custody Order was modified to provide a shared physical custody arrangement between the parties. WHEREFORE, Father respectfully requests that this Honorable Court grant him shared physical as well as legal custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mldhael A.cherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249.6873 mas.dirldomsstic/custodylmorgan.pat I verify that the statements made in the foregoing Petition To Modify Custody 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. Matthew Morgan DATED: eO TASHA N. FERNANDE2, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-6110 CIVIL TERM MATTHEW MCROAN, CIVIL ACTICN - LAW Defendant CUSTODY ORDER OF 000R0 AMID NOW, this *, day of , px. , , 1999, upon consideration of the atta ed Custody Conc at on Report, t is ordered and directed as follows: 1. The Mother, Tasha N. Fernandez, and the Father, Matthew Morgan, shall have shared legal custody of Andrue Morgan, born March 31, 1997. 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 his health, education and religion. 2. The Mother shall have primary physical custody of the child. 3. The Father shall have partial physical custody of the Child on alternating weekends from Friday when the Father shall pick up the Child at day care by 5:00 p.m. through Sunday at 5:00 p.m. The alternating weekly schedule shall begin with the Father having custody of the Child on Friday, November 26, 1999. During weeks before the Father's regular weekend period of custody, the Father shall have custody of the Child from Tuesday after day care through Thursday, when the rather shall return the Child to day care. During weeks following the Father's regular weekend periods of custody, the Father shall have custody of the Child from Wednesday at 5:00 p.m. through Thursday, when the Father shall return the Child to day care. The Father shall also have custody of the Child at any other times arranged by agreement of the parties. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. TGANLSGrVXNG: Over the Thanksgiving holiday in 1999, the Mother shall have custody of the Child on Thanksgiving Day until 2:00 p.m. and the Father shall have custody of the Child from Thanksgiving Day at 2:00 p.m. through the following Sunday at 5:00 p.m. (which includes the Father's first alternating period of weekend custody). Beginning in 20001 the Thanksgiving holiday shall be divided into Segment At which shall run from the day before Thanksgiving after day care through the Friday after Thanksgiving at 5:00 p.m., and "EXHIBIT A" Segment B, which shall run from the Friday after Thanksgiving at 5:00 P.M. through Sunday at 5:00 p.m. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. CHRiSTMhS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Mother shall have custody of the Child during segment A in even numbered years and during Segment B in odd numbered years. C. FASTER: The Easter holiday shall run from the Saturday before Faster at 5:00 p.m. through Faster Sunday at 5:00 p.m. The Mother shall have custody of the Child over the Easter holiday in even numbered years and the Father shall have custody of the Child over the Easter holiday in odd numbered years. D. MOTHER'S DAY/FATBpR'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 5:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 5:00 p.m. E. AALLOWP.PSI/TRICR-CR-TRFAT: The Father shall have custody of the Ch d on Ha loween Trick-or-.Treat night in even numbered years and the Mother shall have custody of the Child on Halloween/Trick-or-Treat night in odd numbered years. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Unless otherwise stated in this order, the party receiving custody shall be responsible to provide transportation for the exchange of custody. When the mother is receiving custody of the child, the place of exchange shall be the J. C. Penney's parking lot at the Carlisle Plaza. When the Father is receiving custody of the Child, the place of exchange shall be the 93.5 radio station on Trindle Road in Mechanicsburg. 6. The parties agree to continue discussing the Father's proposal to have custody of the Child for 1 month during each year under the Mother's primary custody schedule, with the Mother to have custody for that 1 month period in accordance with the Father's partial custody schedule. In the event the parties have not been able to resolve the extended vacation period of custody under this provision by may 1, 2000, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference on the issue. 7. 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 COURTt cc: Johnna J. Deily, Esquire - Counsel fo Mother Michael A. Scherer, Esquire - Counsel for Father ht L.w.:.-t cy 6and 0" !':•: t` w;d 6-11 Et OrL.;1, Pa. Th:3....lo..? ... day of...... <.,-., 19.rr9. „_.......... ....... ag lr 9?, . Prothonotary TASHA N. FERNANDEZj : IN THE.000RT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-6110 CIVIL TERM MATTHEW MORGAN, a CIVIL ACTION - LAW Defendant 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 Andrus Morgan March 311 1997 Mother 2. A Conciliation Conference was held on November 231 1999, with the following individuals in attendance: The Mother, Tasha M. Fernandez, with her counsel, Johnna J. Deily, Esquire, and the Father, Matthew Morgan, with his counsel, Michael A. Scherer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date 999 K ? S? ? ? _ Custody Conciliator CERTIFICATE OF SERVICE I hereby certify that on June 14- , 2000, 1, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition To Modify Custody by first class U.S. mail, postage prepaid, to the party listed below, as follows: Johnna Deily, Esquire Saidis, Shuff and Masland 26 West High Street Carlisle, Pennsylvania 17013 Am& J n if i dsay w in g q n UOCd CCCJ! C7 q ?o'. z SEP 19 2000j?! TASHA N. FERNANDEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6110 CIVIL TERM MATTHEW MORGAN, CIVIL ACTION - LAW Defendant IN CUSTODY AND NOW, this 0d ay of ?? a „ , 20001 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court dated December 6, 1999 is vacated and replaced with this order with the exception of paragraph 3 which shall continue in effect until the custody schedule set forth in this order begins on September 29, 2000. 2. The Mother, Tasha N. Fernandez, and the Father, Matthew Morgan, shall have shared legal custody of Andrus Morgan, born March 31, 1997. 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 his health, education and religion. 3. The parties shall have physical custody of the child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning September 29, 2000s from Friday, when the Father shall pick up the Child at day care by 6:00 p.m., through the following Tuesday, when the Father shall transport the Child to day care. During weeks following the Mother's weekend periods of custody, the Father shall also have custody of the child from Monday, when the Father shall pick up the Child at day care by 6:00 p.m. through Tuesday, when the Father shall transport the Child to day care. B. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this order. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. THANKSGIVING: Beginning in 2000, the Thanksgiving holiday shall-b-e-Mvided into Segment At which shall run from the day before Thanksgiving after day care through the Friday after Thanksgiving at 5:00 p.m., and Segment e, which shall run from the Friday after Thanksgiving at 5:00 p.m. through Sunday at r -D.O,Fill OF TI "' '':'"-, T; %-N 1TIAY 00 SEP 21 PH I: 59 CUMBERU-6NG COUNTY PENNSYLVANIA 5:00 p.m. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during segment A in odd numbered years and during Segment B in even numbered years. B. CHRIISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during segment B in even numbered years. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Easter holiday shall run from the Saturday before Easter at 5:00 p.m. through Easter Sunday at 5:00 p.m. The Mother shall have custody of the Child over the Easter holiday in even numbered years and the Father shall have custody of the Child over the Faster holiday in add numbered years. D. M074 %S DAY/FATHER'S DAY: The Mother shall have custody of the Ch d every year on Mother's Day from 9:00 a.m. until 5:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 5:00 p.m. E. HALLcwEEN/TRICR-CR-TREAT: The Father shall have custody of the Child on Halloween/Trick-or-Treat night in even numbered years and the Mother shall have custody of the Child on Halloween/Trick-or-Treat night in odd numbered years. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Both parties shall be entitled to have custody of the Child for two non-consecutive weeks each year upon providing 30 days advance notice to the other party. Neither party shall schedule his or her periods of extended custody under this provision during the other party's periods of holiday custody. 6. Unless otherwise agreed between the parties, the party receiving custody of the child shall be responsible to provide transportation for the exchange of custody. 7. In the event either party is unavailable to provide care for the Child for an overnight period or longer during his or her period of custody, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third party caregivers. 8. Each party shall ensure that the other party has his or her current address and telephone number where the Child will be staying during that party's periods of custody. 9. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party along with an address and telephone number where the child can be contacted. 10. Counsel for either party may contact the conciliator within 90 days of the date of this order to schedule an additional Custody Conciliation Conference if necessary. 11. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Johnna J. Deily, Esquire - Counsel for Mother Michael A. Scherer, Esquire - Counsel for Father L,?' 'fo- 9.21-00 nv Mon mImm TASHA N. FERNANDE2, Plaintiff va. MATTHEW MORGAN, Defendant PRICK JUDGE: J. Wesley Oler, Jr. : IN THE COURT OF OOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6110 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-81 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 Andrus Morgan March 31, 1997 Mother 2. A Conciliation conference was held on September 12, 2000, with the following individuals in attendance: The Mother, Tasha N. Fernandez, with her counsel, Johnna J. Deily, Esquire, and the Father, Matthew Morgan, with his counsel, Michael A. Scherer, Esquire. 3. The parties agreed to entry of an order in the form as attached. ? n in?.?ly r Q a00 Date I Dawn S. Sunday, EsquirV Custody conciliator c z ? 1 1 4 4 ! ` FEB 0 2 2004 ^, TASHA N. MCCLINTOCK, IN THE COURT OF COMMON PLEAS OF FORMERLY TASHA N. FERNANDEZ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. MATTHEW MORGAN Defendant 99-6110 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this A J day of f c r v u , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered d directed as follows: ?, '7:30a•a•, 1. A Hearing is scheduled in Courtroom No. of the Cumberland County Courthouse on the AVAd• day of 9,19A,:41 , 2004, at which time testimony will be taken. For purposes of the hearing, the Mother, Tasha N. McClintock, shall be deemed 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 selling forth each party's position on custody, a list of witnesses who arc expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated September 20, 2000 shall continue in effect. cc: Carol J. Lindsay, Esquire - Counsel for Mother Douglas G. Miller, Esquire - Counsel for Father -1u& 1? ,, BY THE COURT, CF THc- F n? UOTtif y "" FEB -6 Ptl 1: 52 4. A follow-up telephone conference was held on January 22, 2004, between counsel for both parties and the conciliator. As it was determined that the Father does not feel that an evaluation is necessary and also due to financial constraints, counsel for the parties requested a hearing on the Mother's Petition for Modification. 5. The Mother's position on custody is as follows: The Mother believes that she should have custody of the Child when the Father is working the second shift at his employment on days on which he would otherwise have custody under the existing schedule. The Mother also indicated that it would be best for the Child to minimize pcriods of custody with the Father on school nights due to concerns about the Child's bedtime and completion of homework. 6. The Father's position on custody is as follows: The Father would like to maintain the same amount of custodial time that he has under the existing schedule and proposed an exchange of days to better accommodate his work schedule. The Father denies that there is any problem with his school night pcriods of custody. The Father also indicated that the paternal grandmother had been very helpful in providing care for the Child when the Father has to work. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the Mother's Petition for Modification. It is expected that the hearing will require one-half to one full day. 1. , Date ?? Dawn S. Sunday, Esquire Custody Conciliator TASHA N. MCCLINTOCK, FORMERLY TASHA N. FERNANDEZ Plaintiff VS. MATTHEW MORGAN Defendant Prior Judge: J. Wesley Oler, Jr. 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6110 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 Andruc Morgan March 31, 1997 Mother / Father 2. A Conciliation Conference was hold on September 30, 2003, with the following individuals in attendance: The Mother, Tasha N. McClintock, formerly Fernandez, with her counsel, Carol J. Lindsay, Esquire, and the Father, Matthew Morgan, and his counsel, Douglas G. Miller, Esquire. 3. This Court previously entered an Order in this matter on September 20, 2000, under which the Father has custody of the Child on alternating weekends from Friday through Tuesday and during alternating weeks, from Monday through Tuesday, and the Mother has custody at all other times. The Mother filed a Petition for Modification based on a change in the Father's work schedule seeking to limit periods of custody for the Father. The possibility of obtaining some form of custody evaluation was discussed at the conference and the Father's counsel requested an opportunity to consider this option further with the Father following the conference, and then schedule a telephone conference to discuss the Father's response. LAW OFFICES 1AH)IS, SHUFF, FLOWER fr LINDSAY -16 W. HIGH S7REEI' 2109 MARKET STREET : •,,CARLISLL PA 1701) - CAMP HILL. PA 17011 PHONE (717) 2434222 PHONE 171717)7•)40 TASI IA N. McCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff/Petitioner VS. MATI'IIEW MORGAN, Defcndant/Rcspondcnt CERTIFIED COPY IN TI Ili COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 99-6110 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 8h day of September. 2003, I, Carol J. Lindsay. Esquire, hereby certify the following person was serval with a True and Correct copy of the Complaint in Custody filed in the above-referenced matter. The Complaint in Custody was mailed on August 29, 2003, actual service took place on August 29, 2003, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Matthew Morgan 32 Burgncrs Mill Road Carlisle, PA 17013 A copy of the signed Domestic Return Receipt is attached hcrcto as Exhibit °A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDIS, SIIUIT, FLOWER & LINDSAY lawW l /.'t4 q Carol J. Lindsay, Esquire Attorney I.D. No. 44693 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY AT7ORKMATNAW 26 W. High StreM Carlisle, PA Attorneys for Plaintiff TASHA N. McCLINTOCK, formerly TASIIA N. FERNANDEZ, Plaintiff/Petitioner Vs. MATTHEW MORGAN, DcfcndantfRcspondcnt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99 - 6110 CIVIL TERM IN CUSTODY Exhibit A SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Sirm Carlisle, PA ?. ., ?}' _. (: uu. S .: ?- ?y ?_=. > a - > ,;?; ? ? t. ? ? ? ?: ,. : i. , _ .;; ?.; , ;_ i S{b V WW OMCB3 SAIDIS, SHUFF, FLOWER & LINDSAY .26 W. HIGH S7REE7 2109 MARKET MEET CAIH.MI N PA 17017. CAMP HIU. PA 17011 PHONE(717)21}8223 - PHONE (717) 727.3105 formerly TASHA N. FERN MalntlHlPetitioner VS. MATTHEW MORGAN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 6110 CIVIL TERM IN CUSTODY PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(b) AND NOW, comes Plaintiff, Tasha McClintock, by and through her counsel, SAIDIS, SNUFF, FLOWER & LINDSAY, and respectfully submits his Pre-Trial Statement as follows: 1. BACKGROUND: The parties in this action were never married. They are the parents of Andrue Morgan, born March 31, 1997. The parties separated in June 1997. Following their separation, the child resided with Mother and Father had sporadic visits with him. On October 5, 1999 Mother filed a custody complaint and an initial order was entered on December 6, 1999. On May 8, 2000 Father filed a petition to modify the custody order. A conciliation was had on August 31, 2000 and on September 20, 2000 an order of court was entered. A copy of that court order is attached hereto as Exhibit SAIDIS „A„ SHUFF, FLOWER & LINDSAY ATMRNEWATKAW The schedule of partial custody enjoyed by Father was determined by r 26 W. 1116h SI em . PA Carlisle lgh51 Father's work schedule at that time. Subsequently, however, Fathers job changed so that he was required to work Sunday, Monday, Tuesday and Fridays from early afternoon until late In the evening and enjoyed Saturday, Wednesday and Thursday as time off. After the change In work schedule Father insisted on following the court's order of September 20, 2000 even though that required him to leave his child with caregivers other than himself and contravened paragraph 7 of the agreement which states that if one party is unavailable to provide care for the child for an overnight period or longer, that party shall first contact the other to offer the opportunity to care for the child. For over nine (9) months, despite Mother's protestations, Father left the child with friends or relatives while he worked or otherwise recreated. In response to the child's complaints, Mother filed a petition to modify the September 20, 2000 Court Order. Her petition for modification is before the court for decision. II. WITNESSES: Mother will present the following witnesses: a) Tasha N. McClintock, Mother, will testify regarding her care for the child and the difficulties which she has had with the September 20, 2000 court order. b) Shawn McClintock, Mother's husband, will testify regarding his relationship with the child. SAIDIS SHUFF, FLOWER & LINDSAY ATT'rM1/3TMAT-IA W 26 W. High Strett Grllrle. PA h III. PROPOSED RESOLUTION: Mother proposes continuation of her primary physical custody of the child with alternating weekends with Father from Saturday at 10:00 a.m. until Sunday at 3:30 p.m. (when Father returns to work). Through the school year Father would also have custody of the child every Wednesday after school until Thursday morning when he would deliver the child to daycare and Mother would pick up the child after school on Thursday from daycare. In the summer, Father would have custody of the child on Wednesday morning through Thursday so that Mother picks up the child from Father after work. Respectfully submitted, Saldis, Shuff, Flower & Lindsay, SAIDIS SHUFF, FLOWER & LINDSAY MKS?AT?+ WAT W 26 W. 11111% Street Carlisle. PA Date47-1 UV r r By: (,zf?u %>_me fL CAROL J. LI DS , Esquire ID# 44693 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Petitioner TASHA N. McCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff/Petitioner VS. MATTHEW MORGAN, DefendantlRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99 - 6110 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE AND now, this _L,?,,day of ISHFF, 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Plaintiffs Pre-Trial Statement this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Douglas George Miller, Esquire Irwin McKight & Hughes 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys fqr Plainliffn. SAIDIS SHUFF, FIAWER & LINDSAY Afll1l eTPANAW 26 W. High Stred Carlisle, PA 26 West st J 26 HjgW51ree Carlisle, PA 17013 (717) 243-6222 APR 1 2 2004 TASHA N. McCLINTOCK, : IN THE COURT OF COMMON PLEAS OF formerly TASHA N. FERNANDEZ, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner : CIVIL ACTION - LAW VS. : NO. 99.6110 CIVIL TERM MATTHEW MORGAN, Defendant/Respondent IN CUSTODY PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(b) AND NOW, comes Plaintiff, Tasha McClintock, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and respectfully submits his Pre-Trial Statement as follows: 1. BACKGROUND: The parties in this action were never married. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNM-AT'IAW 26 W. IIISh SIreN CGrl41e. PA They are the parents of Andrue Morgan, bom March 31, 1997. The parties separated In June 1997. Following their separation, the child resided with Mother and Father had sporadic visits with him. On October 5, 1999 Mother filed a custody complaint and an Initial order was entered on December 6, 1999. On May 8, 2000 Father filed a petition to modify the custody order. A conciliation was had on August 31, 2000 and on September 20, 2000 an order of court was entered. A copy of that court order is attached hereto as Exhibit MAN. The schedule of partial custody enjoyed by Father was determined by Father's work schedule at that time. Subsequently, however, Father's job changed so that he was required to work Sunday, Monday, Tuesday and Fridays from early afternoon until late in the evening and enjoyed Saturday, Wednesday and Thursday as time off. After the change in work schedule Father Insisted on following the court's order of September 20, 2000 even though that required him to leave his child with caregivers other than himself and contravened paragraph 7 of the agreement which states that if one party is unavailable to provide care for the child for an overnight period or longer, that party shall first contact the other to offer the opportunity to care for the child. For over nine (9) months, despite Mother's protestations, Father left the child with friends or relatives while he worked or otherwise recreated. In response to the child's complaints, Mother filed a petition to modify the September 20, 2000 Court Order. Her petition for modification is before the court for decision. ii. WITNESSES: Mother will present the following witnesses: a) Tasha N. McClintock, Mother, will testify regarding her care for the child and the difficulties which she has had with the September 20, 2000 court order. b) Shawn McClintock, Mother's husband, will testify regarding his relationship with the child. SAIDIS SHUFF, FLOWER & LINDSAY ATirllU4WAT.uW 26 W. High Arm Carlisle, PA SAIDIS SHAPE, FWWU & LINDSAY A7'ATNAW 26 W. 1116h Sum Grible, PA III. PROPOSED RESOLUTION: Mother proposes continuation of her primary physical custody of the child with alternating weekends with Father from Saturday at 10:00 a.m. until Sunday at 3:30 p.m. (when Father returns to work). Through the school year Father would also have custody of the child every Wednesday after school until Thursday morning when he would deliver the child to daycare and Mother would pick up the child after school on Thursday from daycare. In the summer, Father would have custody of the child on Wednesday morning through Thursday so that Mother picks up the child from Father after work. Dater Respectfully submitted, Saidls, Shuff, Flowgr & By: CAROL J. LI DS , Esquire ID# 44693 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Petitioner TASHA N. McCLINTOCK, : IN THE COURT OF COMMON PLEAS OF formerly TASHA N. FERNANDEZ, : CUMBERLAND COUNTY, PENNSYLVANIA PlaintlHlPetitloner VS. MATTHEW MORGAN, Defendant/Respondent CIVIL ACTION - LAW NO. 99 - 6110 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE AND now, this ZZday of , 2004, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, tSHFFLOWER & LINDSAY, Attorneys, hereby certify that I served the within Plaintiffs Pre-Trial Statement this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Douglas George Miller, Esquire Irwin McKight & Hughes 60 West Pomfret Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys fqr-Plalntlff, SAIDIS SHUFF, FLOWER & LINDSAY ID# 4469,3 J 26 West tree Carlisle, PA 17013 (717)243.6222 16 W. 1116h atreel Grlble, PA 11,10 'PASHA N. McCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff V. NIA'1"THEN MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAI" X 3 ZM CIVIL ACTION - LAN No. 1999-6110 CIVIL TERM IN CUSTODY DEFENDANT:S PRE-HEARING MEMORANDUM AND NOW, conies the Defendant, MATTHEW MORGAN, by and through his attorneys, Irwin & McKnight, and submits the following Pre-Hearing Memorandum: HISTORY OF THE CASE The panics in this action were never married, but are the natural parents of one minor child, Andre Morgan, born March 31, 1997, and currently 7 years old. A prior Order of Court was entered in this matter on or about September 20, 20(10, a copy of which is attached hereto as Exhibit "A." The 2000 Order essentially granted Tasha Fernandez, now Tasha McClintock ("Mother"), primary physical custody of the parties' minor child. Matthew Morgan ("Father") was granted partial physical custody to coincide with his work schedule at the time. Under the Order attached as Exhibit "A," every other week Father had custody from Friday evening until Tuesday morning, and then also from Monday evening until Tuesday morning on the alternating weeks. This schedule provided Father with five (5) overnight periods within any two week period. In addition to standard holiday periods of custody, Father was also entitled to two non- consecutive weeks of custody cads summer. Father work schedule has now changed. He currently works second shift every Sunday, Monday, Tuesday, and Friday, from approximately 4:00 p.m. until 2:30 a.m. He is therefore off every Wednesday, Thursday, and Saturday. Father has consistently desired to alter the existing Order to fit his new work schedule, while maintaining the same number of partial custody periods as in the existing Order. Several options have been proposed to Mother and her legal counsel, but to date the parties have been unable to reach an agreement. A Conciliation Conference was held on September 20, 2003, with Dawn S. Sunday, Esquire. The parties were unable to agree to a resolution, and a follow up telephone conference was held on or about January 22, 2004. As the parties were still unable to agree to a revised schedule, this matter has now been scheduled for hearing on April 22, 2004. 11. STATEMENT AS TO CUSTODY Initially, it is instructive to define what Father is no seeking. He is not seeking primary custody of Andruc Morgan. Nor is he seeking increased periods of partial custody. Father is simply seeking similar periods of partial physical custody as in the existing 2000 Order, taking into account his new work schedule. Under the existing Order attached as Exhibit "A;" Father receives five (5) total overnights within a two (2) week period. Father proposes a new schedule during the school year where he would have custody of Andruc every Wednesday after school until Friday morning when Andrue is returned to school. During the summers this period of time could be increased from Wednesday morning until Friday afternoon when Father returns to work. In addition, Father proposes having custody of Andrue every other weekend from Saturday morning until Sunday afternoon when he returns to work. This proposed schedule takes into account Father's new 2 work schedule and actually maximizes the times that the panics arc able to spend with their son. Mother's work schedule does not allow her to return home until several hours after Andrue is finished with school on Wednesdays and Thursdays, whereas Father is not working at those times. This proposed schedule also grants Father the same five (5) total ovcmights within any two week period of time. Mother's supposed objection to this proposal is her stated concern as to bedtime and completion of homework. Mother has not provided any evidence of homework or school difficulties during Father's periods of custody. To the contrary, Father's inquiries and meetings with teachers and school officials have revealed no such issues. Father further proposes to retain the same holiday and summer custody provisions as in the original 2000 Order. III. Father anticipates calling the following persons as witnesses; a. Matthew Morgan, rather, to testify about his relationship with his child and parenting skills, and difficulties having Mother agree to a new Custody Order that takes into account his changed work schedule; b. Carolyn McConnell, paternal grandmother, to testify concerning the panics' relationship and interaction with the minor child and their parenting skills; C. Julie McClosky, Father's girlfriend, to testify about Father's relationship with his child and parenting skills, and difficulties having Mother agree to a new Custody Order that takes into account Father's changed work schedule. Father reserves the right to call any witnesses identified by Mother, or to produce rebuttal witnesses, specifically the current teacher of the minor child, Ms. Holly Hockenberry. 3 IV. CONCLUSION Father respectfully seeks the entry of an Order of Court grunting him partial physical custody of the minor child every Wednesday through Friday at the times referenced above, and every other Saturday through Sunday at the times referenced above. Father further requests that the existing holiday and summer vacation provisions of the Order attached as Exhibit "A" be reaffirmed. Respectfully Submitted, IRWIN & McKNIGHT By: Do as Iller, quire Supreme ourt I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendant, Date: April 13, 2004 Matthew Morgan 4 ti EXHIBIT "A" recaly-e TASPA N. FE:Z`IANDEZ, . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-6110 CIVIL TERM MATTHEW MCP.GAN, CIVIL ACTICN - LAW Cefendant IN CUSTODY ORDER OF CC= AND IMM, this ?o "ay of , 2000, upon consideration of the attached Custody Conc ation Report, it is ordered and directed as follows: 1. The prior order of this Court dated December 61 1999 is vacated and replaced with this order with the exception of paragraph 3 which shall continue in effect until the 'custody schedule set forth in this order begins on September 29, 2000. 2. The Mother, Tasha N. Fernandez, and the Father, Matthew Morgan, shall have shared legal custody of Andrue Morgan, born March 31, 1997. 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 his health, education and religion. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Father shall have custody of the Child on alternating weekends, beginning September 29, 2000, from Friday, when the Father shall pick up the Child at day care by 6:00 p.m., through the following Tuesday, when the Father shall transport the Child to day care. During weeks following the Mother's weekend periods of custody, the Father shall also have custody of the Child from Monday, when the Father shall pick up the C.'ald at day care by 6:00 p.m. through Tuesday, when the Father shall transport the Child to day care. 3. The Mother shall have custody of the Child at all times not otherwise specified for the Father in this Order. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. TEWULSGI ING: Beginning in 2000, the Thanksgiving holiday shad be d vided into Segment At which shall run from the day before Thanksgiving after day care through the Friday after Thanksgiving at 5:00 p.m., and segment e, which shall run from the Friday after Thanksgiving at 5:00 p.m. through Sunday at 5:00 p.m. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. CHRISTMAS: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. EASTER: The Easter holiday shall run from the Saturday before Easter at 5:00 p.m. through Easter Sunday at 5:00 p.m. The Mother shall have custody of the Child over the Faster holiday in even numbered years and the Father shall have custody of the Child over the Easter holiday in odd numbered years. D. MOTHER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day from 9:00 a.m. until 5:00 p.m. and the Father shall have custody of the Child every year on Father's Day from 9:00 a.m. until 5:00 p.m. E. HALLCWE N/TRICR-M-TREAT: The Father shall have custody of the Child on Hal oween Trick-or-Treat night in even numbered years and the mother shall have custody of the Child on Halloween/Trick-or-Treat night in odd numbered years. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Both parties shall be entitled to have custody of the Child for two non-consecutive weeks each year upon providing 30 days advance notice to the other party. Neither party shall schedule his or her periods of extended custody under this provision during the other party's periods of holiday custody. 6. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. In the event either party is unavailable to provide care for the Child for an overnight period or longer during his or her period of custody, that party shall first contact the other party to offer that party the opportunity to provide the care before contacting third party caregivers. 8. Each party shall ensure that the other party has his or her current address and telephone number where the Child will be staying during that party's periods of custody. 9. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that party shall provide advance notice to the other party along with an address and telephone number where the child can be contacted. 10. Counsel for either party may contact the Conciliator within 90 days of the date of this order to schedule an additional Custody Conciliation Conference if necessary. 11. This order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this order by mutual consent. In the absence of mutual consent, the terms of this order shall control. cc: Johnna J. Deily, Esquire - Counsel for Mother Michael A. Scherer, Esquire - Counsel for Father TRUE C^t Y FRr"A RECORD In Tastimool ' • •t, : L • vmo sat my hand and t $qCal of sa; Court at aarrlii le, Pa. i Thi .....r5 ?.... Prothonotary I F BY THE CCURT. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that 1 have served a true and correct copy of the foregoing document upon the persons indicated below by facsimile and by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Date: April 13, 2004 IRWIN & McKNIGHT Douglas gMiller, Fsqurce Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant, Matthew Morgan TASHA N. MCCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff v MATTHEW MORGAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6110 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER OF COURT AND NOW, this 22nd day of April, 2004, upon consideration of Plaintiff's Petition for Modification of Custody with respect to the parties' child, Andrue J. Morgan (date of birth, March 31, 1997), and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, y L. J., Wesley Oler', Jr., J. L' carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013-2956 For the Plaintiff Aouglas G. Miller, Esquire 1 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 For the Defendant Q n .0 t/ :mae /W I M TnYWIM'•.va?a+??m.IrYYaVif?i??t. r+i.:..?.... r.. ?.a r... ...:. Manvw....?i,..+w?..?--wa. ?... ., tasnw rR? Y U.wv?AY\. R ?.:A •^'PS\ryV+?J?-?NTa?++/.ra.wM+w?? 1 Q N G7 g N TASHA N. McCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff V. MATTHEW MORGAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 99-6110 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 26`h day of April, 2004, upon consideration of Plaintiffs Petition for Modification of Custody with respect to the parties' child, Andrue J. Morgan (d.o.b. March 31, 1997), following a hearing held on April 22, 2004, and based upon the court's perception as to the best interest of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the father, at the following times: a. During the school year, (I) On alternating weekends, from Saturday at 9:00 a.m. until Sunday at 3:30 p.m.; (2) On alternating Wednesday to Fridays, from Wednesday atier school until Friday before school; (3) From 3:00 p.m. on Christmas Day until December 30 at 3:00 p.m.; (4) On alternating Thanksgiving Days from 9:00 a.m. until 5:00 p.m.; b. During the summer, for one week out of every four consecutive weeks, one such week in the summer of 2004 being the last week of June to coincide with a scheduled vacation period of rather. 4. Responsibility for transportation with respect to exchanges of custody shall be that of the party receiving custody. 5. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, Wesley Olc , ., J. /Carol J. Lindsay, Esq. 26 West High St?cct Carlisle, PA 17013 Attorney for Plaintiff L/Douglas G. Miller, Esq. 60 West Pomfrct Street Carlisle, PA 17013 Attorney for Defendant oy-a,lc" C) t4 :rc CHRISTINA LOUISF. NIEVES. Plaintiff ANGEL RALPH NIEVES, JR., Defendant : IN TILE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACI7ON - LANV : NO. 04 - 447 ? : NO. 99-6716 : IN CUSTODY COURT ORDER AND NOW, this 911, day of April, 2004, upon consideration of the attached Custody Conciliation report, it Is ordered and directed as follows: 1. The mother, Christina Louise Nieves, shall erlloy legal and physical custody of Blair McMillan Nieves, born March 22, 1999 and Alexander Skye Nieves, born February 21, 2002. 2. The father, Angel Ralph Nieves, Jr., shall enjoy periods of temporary physical custody at such times and under such circumstances as the parties may agree. In the event the father Is not satisfied with the periods of custody afforded to film by the mother, father nay petition the court to have the case again scheduled with die custody conciliator for a conference. 3. It Is noted that Catherine J. Babner was not named a party in this action and was not fornudly served with notice of the conciliation conference. Counsel for the plaintiff is directed to provide a copy of this court order and the accompanying custody conciliation report to Ms. Balmer after which Ms. Balmer may petition die court to have the case again referred to the custody conciliator if she is in any way In dlsugreement with this order. 4. Counsel for the plaintiff is also directed to serve a copy of this order and the accompanying custody conciliation report upon the father once the whereabouts of the fulher ure determined. BY TH ' T, QZ vjudge -- cc: Jessica Dianhonilstone, Esquire wm irv?ua (cal Y-.2 7' UY ..i...'..1'-.. ...> TASHA N. McCLINTOCK, : IN TFIE COURT OF COMMON PLEAS OF formerly TASHA N. : CUMBERLAND COUNTY, PENNSYLVANIA FERNANDEZ, Plaintiff V. MATTHEW MORGAN, Defendant CIVIL ACTION - LAW NO. 99-6110 CIVIL TERM ORDER OF COURT AND NOW, this lTh day of May, 2004, upon consideration of Defendant's Petition for Reconsideration, the Petition is denied. v6rol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff ,45ouglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, C. , ? f 4, /)/ esleyiMe r., J. 05 -11-o v :rc RLE0-OfFiCF OF VIE FRU7HINK) MY 2004 MAY I AH11:44 CUtdtx' iiU1J1Y F; MAY 0 6 2004 TASHA N. McCLINTOCK, : IN THE COURT OF COMMON PLEAS OF formerly TASHA N. FERNANDEZ, : CUMBERLAND COUNTY, PENNSYLVANIA Plulnliff CIVIL ACTION - LAW V. No. 1999 - 6110 CIVIL TERM MATTHEW MORGAN, Defendant IN CUSTODY ORDER AND NOW, this day of 2004, upon consideration of the attached Petition for Reconsideration, it is hereby ordered and directed that the Order of Court for custody dated April 26, 2004 be amended to include the following: 1. Defendant's alternating periods of partial physical custody of Andrue J. Morgan during the school year shall continue during the summer, with the exception of when those alternating periods would otherwise conflict with the summer vacation of either Plaintiff or Defendant. BY THE COURT, D I TASHA N. McCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff V. : IN THE. COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 1999 - 6110 CIVIL TERM MATTHEW MORGAN, Defendant IN CUSTODY PETITION FOR RECONSIDERATION AND NOW, this 5'h day of May, 2004, conics the Defendant, Matthew Morgan, by and through his attorneys, Irwin & McKnight, and files this Petition for Reconsideration and makes the following statements in support thereof: 1. On April 22, 2004, a hearing was held regarding custody of the parties' minor child, Andruc J. Morgan. 2. On April 26, 2004, an Order of Court was issued directing that Defendant shall have temporary physical custody of Andrue during the school year on alternating weekends, and on alternating Wednesdays to Fridays. A true and correct copy of said Order of Court is attached hereto and incorporated herein as Exhibit "A:" 3. Tltc Order of Court dated April 26, 2004, then provides that during the summer Defendant shall have temporary physical custody of Andruc for one week out of every four consecutive weeks. 4. In Defendant's Pre-Hcaring Memorandum filed on April 13, 2004, Defendant requested that his periods of partial physical custody during the school year continue through the summer, in addition to summer vacation periods provided for in the prior Order. 5. Plaintiffs Pre-Trial Statement similarly stated under her proposed resolution that Father would have custody during the summer from Wednesday morning through Thursday when she returns from her work. 6. At the hearing on April 22, 2004, Defendant requested that his periods of partial physical custody continue during the summer in addition to the summer vacation provisions. 7. The Order r.ttached as Exhibit "A" instead provides that Defendant will not be able to spend any time with his son for several time frames of three (3) consecutive weeks each summer, even while Plaintiff is otherwise working and Defendant is not. 8. Plaintiff never petitioned for or proposed a custody arrangement wherein Defendant would lack periods of custody for three (3) consecutive weeks on multiple occasions. 9. Defendant proposes that the partial physical custody schedule established in this Court's Order dated April 26, 2004, continue during the summer as well, except when it would fall during the vacation of either Plaintiff or Defendant. 2 10. The interests of justice and the best interests of the minor child require that the Court grant the Defendant's requests as set forth above. WHEREFORE, the Defendant, Matthew Morgan, respectfully requests that this Honorable Court enter an Order of Court specifically extending the periods of partial physical custody of Defendant through the summer, with the exception of when those periods would otherwise conflict with the summer vacation of either Plaintiff or Defendant. Respectfully submitted, IRW 2" IN & McKNIGHT/f .t?Yi) By: d A Dougl . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: May 5, 2004 Attorney for Defendant 3 EXHIBIT "A" TASHA N. McCLINTOCK, formerly TASHA N. FERNANDEZ, Plaintiff V. MATTHEW MORGAN, Defendant IN TIME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6110 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY BEFORE OLER. J. ORDER OF COURT AND NOW, this 26 h day of April, 2004, upon consideration of Plaintiffs Petition for Modification of Custody with respect to the parties' child, Andrue J. Morgan (d.o.b. March 31, 1997), following a hearing held on April 22, 2004, and based upon the court's perception as to the best interest of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the father, at the following times: a. During the school year, (1) On alternating weekends, from Saturday at 9:00 a.m. until Sunday at 3:30 p.m.; (2) On alternating Wednesday to Fridays, from Wednesday after school until Friday before school; (3) From 3:00 p.m. on Christmas Day until December 30 at 3:00 p.m.; (4) On alternating Thanksgiving Days from 9:00 a.m. until 5:00 p.m,; b. During the summer, for one week out of every four consecutive weeks, one such week in the summer of 2004 being the last week of June to coincide with a scheduled vacation period of Father. 4. Responsibility for transportation with respect to exchanges of custody shall be that of the party receiving custody. 5. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, Wesley Ole , ., J. Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff Dou G. Miller, Esq. 60 est Pomfret Street arlisle, PA 17013 Attorney for Defendant :re TRUE :*'C'Y F4 =A nECt:RrP Oh woW}. ; „fS•Y'i '`? SQt my IlAnc In N51:r01- 901AAR, CERTIFICATE OF SERVICE 1, Douglas 0. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (Attorney for Plaintiff) IRWIN & McKNIGHT By: ) • w. Dougl . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant Matthew Morgan Date: May 5, 2004 1=- 4 ?? :a ?, r a. ? o Uj; 1 = ? :? , :.r i:) ?y =3 ? . ??. i1 ? ?X :iAl?l 1- "" ?: 4 1?_ ?' s N ? F :,?j 'Z? 4?? k ?Y ?4 A. t ? ?? of s?;yai Y'" ?? JJ f..: s? ?? 14; [ gi 1„ +. ti