HomeMy WebLinkAbout99-07593e,
ERNEST P. DOWNIN, JR. : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
CUSTODY/VISITATION
PANIELA SUE GORDON
Defendant NO. 99-7593 CIVIL TERM
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBEIILAND )
AND NOW, this 29th day of, 1, Paul Bradford Orr, Esquire, attorney for Ernest P. Downin, Jr. ,
Plaintiff in the above-captioned action, hereby swear that 1 have served a true copy of the Complaint in
Custody executed by the Plaintiff in the above-captioned matter, upon the Defendant at her residence at
2 Midland Drive, Mt. Holly Springs, Pennsylvania 17065 by depositing the same in the U.S. Mail,
postage prepaid, certified, return receipt requested. A copy of the return receipt card signed by the
Defendant on December 23, 1999, indicating service was effected, is marked Exhibit "A", attached
hereto and made a part hereof.
Date: I-IIC 19
Paul Bradford Orr
50 East High Street
Carlisle, PA 17013
(717) 258-8558
Supreme Court ID: 71786
Attorney for Plaintiff
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ERNEST P. DOWNIN, JR.
Plaintiff
V.
PAMELA SUE GORDON
Defendant
AND NOW, 1n i >> , 19 yi , upon consideration of the attached Complaint, it is
NC(6,L?
A P&_ on the Vc) day of C t, . at 1' ?11 o'clock,
Q.in., 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,
hereby directed that the parties and their respective counsel appear before C 1
>n? C ? ) ? , , the conciliator, at 3A \)j - 1Ad n ?Jt•?
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.
: IN TI IE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
NO. 99- 'Y-S'3 CIVIL TERM
ORDER OF COURT
FOR THE COURT:
By: Z1 MA , )--? un" A UotAi -•
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All
arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Office of the Court Administrator
Cumberland County Court House, Fourth Floor
Carlisle, PA 17013
(717) 240.6200
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;:
ERNEST P. DOWNIN, JR.
Plaintiff
v.
PAMELA SUE GORDON
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CUSTODY/VISITATION
: NO. 99- 7593 CIVIL TERM
COMPLAINT FOR CUSTODY
The Plaintiff is Ernest P. Downin, Jr., residing at RR 2 Box 142, Newport, Pennsylvania 17074.
2. The Defendant is Pamela Sue Gordon, residing at 2 Midland Drive, Mt. Holly Springs,
Pennsylvania 17065.
3. Plaintiff seeks custody of the following child:
NAME RESIDENCE DOB AGE
Joshua Paul Downin 2 Midland Drive, Mt. Holly Springs, PA 4/8/91 8
4. The child was born out of wedlock.
5. The child is presently in the custody of Pamela Sue Gordon.
6. During his life, the child has resided With the following persons and at the following addresses:
NAME
Pamela Sue Gordon
ADDRESS
2 Midland Drive
DATES
1999
7. The mother of the child is Pamela Sue Gordon, currently residing at 2 Midland Drive, Mt. Holly
Springs, Pennsylvania . She is unmarried.
8. The father of the child is Ernest P. Downin, Jr., currently residing at 2 Midland Drive, Mt. Holly
Springs, Pennsylvania. He is unmarried.
9. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with
the following persons: Stacy Peters, girlfriend.
10. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides
with the following persons: Joshua Paul Downin, son.
?.J
1 1. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation
concerning the custody of the child in this or another court.
12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of
this Commonwealth.
13. 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.
14. The best interest and permanent welfare of the child will be served by granting the relief
requested for the following reasons:
A. A Court ordered determination of custody is required to avoid continuing conflict
between the parties regarding parental responsibility for custody and support.
15. 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.
WHEREFORE, Plaintiff requests the Court to grant partial custody of the child to Plaintiff pending
the hearing.
Respectfully itted,
By: J
Paul Bradford Orr, Esq.
Attorney for Plaintiff
50 East High Street
Carlisle, PA 17013
Telephone: (717) 258-8558
Supreme Court ID No. 71786
j
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
I verify that the statements made in the foregoing Complaint 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.
DATE:
Ernest P. Downin, Jr. , aintiff
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ERNEST P. DOWNIN, JR.,
Plaintiff
V.
PAMELA SUE GORDON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7593 CIVIL TERM
CIVIL ACTION - LAW
CUSTODY/VISITATION
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Thomas S. Diehl, Esquire, on behalf of Pamela Sue
Gordon, the Defendant in the above-captioned case.
Date: J"' 1g, ac
cc: Paul B. Orr, Esquire
401 East Louther Street, Suite 103
Carlisle, PA 17013
717-240-0833
717-240-0893 - FAX
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ERNEST P. DOWNIN, JR., . IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-7593 CIVIL TERM
PAMELA SUE GORDON, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 2_2_-7? day of F? ' T J ;J '1 , 2000, upon
consideration of the attached Custody Conciliation Re rt, it is ordered
and directed as follows:
1. The Father, Ernest P. Downin, Jr., and the mother, Pamela Sue
Gordon, shall have shared legal custody of Joshua Paul Downin, born April
8, 1991. 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. Pursuant to the terms of
this paragraph each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, school and medical
records and information. To the extent one parent has possession of any
such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time
as to make the records and information of reasonable use to the other
parent. Each party shall ensure that the other party has the name, address
and telephone number of any day care provider or babysitter regularly
providing care for the Child during that party's periods of custody.
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 between 5:30 p.m. and 6:00 p.m. through
Sunday at 6:00 p.m. and at any other times arranged by agreement of the
parties. The Father's alternating weekend custody schedule shall begin on
Friday, February 11, 2000.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
segment 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 Mother shall have custody of the Child
during segment A in even numbered years and during Segment B
in odd numbered years. The Father shall have custody of the
Child during Segment A in odd numbered years and during
Segment B in even numbered years.
I
THANKSGIVING: The Thanksgiving holiday shall be divided into
segment A, which shall run from the Wednesday before
Thanksgiving between 5:30 p.m. and 6:00 p.m. through
Thanksgiving Day at 4:00 p.m., and Segment B, which shall run
from Thanksgiving Day at 4:00 p.m. through the following
Monday at 6:00 p.m. The Mother shall have custody of the
Child during Segment A in even numbered years and during
Segment B in odd numbered years. The Father shall have
custody of the Child during Segment A in odd numbered years
and during Segment B in even numbered years.
C. EASTER: The Easter holiday shall run from the Friday before
Easter between 5:30 p.m. and 6:00 p.m. through Easter Sunday
at 6:00 p.m. The Father shall have custody of the Child over
the Easter holiday in odd numbered years and the Mother shall
have custody of the Child over the Easter holiday in even
numbered years.
D. In the event the Father's period of holiday custody falls
immediately before or after his regular weekend period of
custody, the Father's period of holiday/regular custody shall
run continuously.
E. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. During the summer school break each year, the alternating weekend
schedule shall be suspended until the first weekend after the beginning of
the school year when the alternating weekend schedule shall begin with the
Father having the first period of weekend custody. The Father shall have
custody of the Child for the last 2 full weeks in June (14 days), the 3rd
week in July (7 days), and the 2nd and 3rd weeks in August (14 days). The
Mother shall have custody of the Child at all times not otherwise specified
for the Father during the summer school break.
6. The Father shall be responsible to provide transportation from the
Mother's residence for all exchanges when he is receiving custody of the
Child. When the Mother is receiving custody of the Child at the end of the
Father's periods of custody, the parties shall exchange custody at the Twin
Kiss Restaurant on Route 34 in Shermansdale.
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,
cc: Gregory L. Cutler, Esquire -
Thomas S. Diehl, Esquire - C
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ounsex for mocner 0-.2,3-00
ERNEST P. DOWNIN, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99-7593 CIVIL TERM
PAMELA SUE GORDON, CIVIL ACTION - LAW
Defendant IN CUSTODY
CUSTODY CGNCII.IATION 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
Joshua Paul Downin April 8, 1991 Mother
2. A Conciliation conference was held on February 10, 2000, with the
following individuals in attendance: The Father, Ernest P. Downin, Jr.,
with his counsel, Gregory L. Cutler, Esquire, and the Mother, Pamela Sue
Gordon, with her counsel, Thomas S. Diehl, Esquire.
3. The parties agreed to entry of an Order in the form as attached
with the exception of the paragraphs concerning the Christmas holiday
custody arrangements and the sharing of transportation, which are the
recommendations of the Conciliator. The Mother expressed a strong
preference to have custody of the Child overnight on Christmas Eve every
year in response to the Father's request for, sharing that period on an
alternating yearly basis. On the issue of transportation, the Father
believes the Mother should be required to pick up the Child at his
residence at the end of his periods of custody rather than at the halfway
point as recommended by the Conciliator under the circumstances.
F<61'EL .y it aooo ?a? d-aY
Date Dawn S. Sunday, Esqui
Custody Conciliator
ERNEST P. DOWNIN, JR.
PLAINTIFF
V.
PAMELA SUE GORDON
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-7593 CIVIL ACTION LAW
. IN CUSTODY
AND NOW, Friday October 04, 2002 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator,
at 39 West Main Street Mechanicsburg, PA 17055 on Tuesday November 05, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: !s/ Dawn S Sundily, &q,
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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SEP 2 6 2002
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
V
CIVIL ACTION LAW
:NO. 94_ 9 93 CIVIL 20
: CUSTODYNISITATION
ORDER OF COURT
AND NOW, this _ day of upon consideration of the attached complaint, it is
hereby directed that the parties and their respective counsel appear before
the conciliator, at
on the day of 20 at M., for a
Prehearing 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 the court, and to enter into a temporary order. All children age five or older may also
be present at the conference. Failure to appear at the conference may provide grounds for
entry of a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
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 FOR
BELOW TO FINS OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW IN CUSTODY
NO. 9%• 7 S93
PETITION FOR CONTEMPT
The Petition of
1. That on
Minor
respectfully represents:
Judge ?ntered an order concerning the custody of
A true and correct copy of the order is attached to this petition.
2. Respondent has willfully failed to abide by the order in that: ow -?+od S
pteusp Yebew -+o nuxA-62r 5 ?n -W--o aA*1
,n summer mor\{ t?S s o?m 4,c:, ree_e,?d Joshua
-fie G2?ernvdi nc ¢Q1LCnrJS CLve -?o Yperid cvrt+ `i ?e 5?
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WHEREFORE, Petition' requests that the Respondent be held in contempt of court.
fi' 011•- -1?
Petitioner
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. §4904 relating to unswom
falsification to authorities.
Date Petitioner
SEP 2 6 2002
ERNEST•P. DOWNIN, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-7593 CIVIL TERM
PAMELA SUE GORDON, CIVIL ACTION - LAW '-
Defendant IN CUSTODY y
Oa
ORDER OF COURT
AND NOW, this Q_n day of
consideration of the attached Cust , 2000, upon
and directed as follows: °dy Conci l.iati.o Report, it is ordered
1. The Father, Ernest P. Downin, Jr., and the Mother, Pamela Sue
Gordon, shall have shared legal custody of Joshua Paul Downin, born April
81 1991. 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. Pursuant to the terms of
this paragraph each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, school and medical
records and information. To the extent one parent has possession of any
such records or information, that parent shall be required to share the
same, or copies thereof, with the other parent within such reasonable time
as to make the records and information of reasonable use to the other
parent. Each party shall ensure that the other party has the name, address
and telephone number of any day care provider or babysitter regularly
providing care for the Child during that party's periods of custody.
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 between 5:30 p.m. and 6:00 p.m. through
Sunday at 6:00 p.m. and at any other times arranged by agreement of the
parties. The Father's alternating weekend custody schedule shall begin on
Friday, February 11, 2000.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CERISTmA.S: 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 Mother shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. The Father shall have custody of the
Child during Segment A in odd numbered years and during
Segment B in even numbered years.
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B. THANKSGIVING: The Thanksgiving holiday shall be divided into
Segment A, which shall run from the Wednesday before
Thanksgiving between 5:30 p.m. and 6:00 p.m. through
Thanksgiving Day at 4:00 p.m., and Segment B, which shall run
from Thanksgiving Day at 4:00 p.m. through the following
Monday at 6:00 p.m. The Mother shall have custody of the
Child during Segment A in even numbered years and during
Segment B in odd numbered years. The Father shall have
custody of the Child during Segment A in odd numbered years
and during Segment B in even numbered years.
C. EASTER: The Easter holiday shall run from the Friday before
Easter between 5:30 p.m. and 6:00 p.m. through Easter Sunday
at 6:00 p.m. The Father shall have custody of the Child over
the Easter holiday in odd numbered years and the Mother shall
have custody of the Child over the Easter holiday in even
numbered years.
D. In the event the Father's period of holiday custody falls
immediately before or after his regular weekend period of
custody, the Father's period of holiday/regular custody shall
run continuously.
E. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. During the summer school break each year, the alternating weekend
schedule shall be suspended until the first weekend after the beginning of
the school year when the alternating weekend schedule shall begin with the
Father having the first period of weekend custody. The Father shall have
custody of the Child for the last 2 full weeks in June (14 days), the 3rd
week in July (7 days), and the 2nd and 3rd weeks in August (14 days). The
Mother shall have custody of the Child at all times not otherwise specified
for the Father during the summer school break.
6. The Father shall be responsible to provide transportation from the
Mother's residence for all exchanges when he is receiving custody of the
Child. When the Mother is receiving custody of the Child at the end of the
Father's periods of custody, the parties shall exchange custody at the Twin
Kiss Restaurant on Route 34 in Shermansdale.
7. This Order is entered pursuant
Custody Conciliation Conference. The
this order by mutual consent. In the
of this order shall control.
TRUE COPY FROM RECORD
and the seal of said Court Th .....o??.... day f.cGregory L. to an agreement of the parties at a
In Tev;inony whereof, I here unto sai my hand
parties may modify the provisions of
absence of mutual consent, the terms
Thomas S. Diehl, Esquire - Counsel for Mother
ERNEST P. DOWNIN, JR.,
Plaintiff
VS.
PAMELA SUE GORDON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-7593
CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this I day of 0 v (1 f 2002,
upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated February 22, 2000 is vacated and replaced with this
Order.
2. The Father, Ernest P. Downin, Jr., and the Mother, Pamela Sue Gordon, shall have shared
legal custody of Joshua Paul Downin, born April 8, 1991. 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. Pursuant to the terms of this paragraph each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, school and medical records and
information. To the extent one parent has possession of any such records or information, that parent
shall be required to share the same, or copies thereof, with the other parent within such reasonable time
as to make the records and information of reasonable use to the other parent. Each party shall ensure
that the other party has the name, address and telephone number of any day care provider or babysitter
regularly providing care for the Child (luring that party's periods of custody.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial physical custody of the Child on alternating weekends from
Friday between 5:30 p.m. and 6:00 p.m. through Sunday at 6:00 p.m. and at any other times arranged
by agreement of the parties. The alternating weekend schedule shall begin with the Mother having
custody on the weekend beginning Friday, November 8, 2002. During the Child's football season each
year, when the Child's football games are scheduled on the Father's weekend, the Mother shall
transport the Child to the Father's residence after work on Friday. The Father shall transport the Child
to the football game on Sunday and the transfer of custody back to the Mother shall take place after the
game.
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The parties shall share or alternate having custody of the Child on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which
shall run from Christmas Evc 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 Mother shall have custody of the Child during Segment A in even
numbered years and during Segment B in odd numbered years. The Father shall have
custody of the Child during Segment A in odd numbered years and during Segment B in
even numbered years.
B. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A,
which shall run from the Wednesday before Thanksgiving between 5:30 p.m. and 6:00
p.m. through Thanksgiving Day at 4:00 p.m., and Segment B, which shall run from
Thanksgiving Day at 4:00 p.m. through the following Monday at 6:00 p.m. The Mother
shall have custody of the Child during Segment A in even numbered years and during
Segment B in odd numbered years. The Father shall have custody of the Child during
Segment A in odd numbered years and during Segment B in even numbered years. In
the event that the Father is able to obtain an excused absence for the Child from school,
the Father may have custody of the Child to go hunting beginning in 2003 from the
Sunday evening after Thanksgiving through the following Saturday evening (or through
Sunday at 6:00 p.m. if it is the Father's regular weekend). The Father's period of
custody for hunting shall take precedence over the Mother's period of holiday custody
(Segment B of Thanksgiving) which shall end on Sunday evening.
C. EASTER: The Easter holiday shall run from the Friday before Easter between 5:30
p.m. and 6:00 p.m. through Easter Sunday at 6:00 p.m. The Father shall have custody
of the Child over the Easter holiday in odd numbered years and the Mother shall have
custody of the Child over the Easter holiday in even numbered years.
D. In the event the Father's period of holiday custody falls immediately before or after
his regular weekend period of custody, the Father's period of holiday/regular custody
shall run continuously.
E. The holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
6. During the summer school break each year, the alternating weekend schedule shall be
suspended beginning on the first weekend after the school year ends until the first weekend in August
which would be the Father's regular weekend period of custody if the alternating weekend schedule
had not been suspended. The purpose of this provision is to ensure that the parties weekend periods of
custody resume exactly on the same weekend as if the weekend schedule had never been suspended.
Also during the summer school break, the Father shall have custody of the Child for the last 2 weeks in
June and the entire month of July, with the exception of the period from July 1 through July 7, during
which the Mother have custody. The Mother shall have custody of the Child during the month of
August, when the alternating weekend periods of custody shall resume.
7. With the exception of the special provision for transportation during football season, the
Father shall be responsible to provide transportation from the Mother's residence for all exchanges
when he is receiving custody of the Child. When the Mother is receiving custody of the Child at the
end of the Father's periods of custody, the parties shall exchange custody at the Twin Kiss Restaurant
on Route 34 in Shermansdale.
8. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
9. Within 15 days of the date of this Order, the Mother shall pay the amount of $25.00 to the
Father as reimbursement for one-half of the filing fee on the Contempt Petition.
10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation
Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
[///L- &1--illf
J esley Oler, Jr _ J.
cc: rnest P. Downin, Jr., Father e)
?amela Sue Gordon, Mother I
I('i-.I 3 -o a P,
ERNEST P. DOWNfN, JR.,
Plaintiff
VS.
PAMELA SUE GORDON,
Defendant
PRIOR JUDGE: J. Wesley Oler, Jr.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7593 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
Joshua Paul Downin April 8, 1991 Mother
2. The Conciliation Conference was held on November 5, 2002, with the following individuals
in attendance: The Father, Ernest P. Downin, Jr., and the Mother, Pamela Sue Gordon. Neither party
was represented by counsel in this matter.
3. The parties agree to entry of an Order in the form as attached, with the exception of the
provision allocating the cost of the Contempt Petition filing fee which is the recommendation of the
Conciliator. The Father both in his Petition and at the Conference requested that the Mother be
required to pay the entire filing fee based on her alleged violations of the current Order which resulted
in the filing of the Contempt Petition. The Mother objected to payment of any portion of the fee.
Based upon the discussions at the Conference, it is the Conciliator's opinion that both parties deviated
from different provisions of the Order and should both share responsibility for the cost associated with
making the necessary adjustments to prevent future conflicts. /
lUv w,vr?.Fxir (per a-o u ? ??j . - _??Ll?.-oQt.?
Date Dawn S. Sunday, Esquire
Custody Conciliator