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HomeMy WebLinkAbout07-2845BRIAN H. EDWARDS, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW 2007 - ~ ~y S CIVIL TERM AMY J. EDWARDS, Defendant. : IN CUSTODY COMPLAINT IN CUSTODY AND NOW, comes the Plaintiff, Brian H. Edwards, by and through his attorneys, Irwin & McKnight, and files this Complaint in Custody against the Defendant, Amy J. Edwards, representing as follows: 1. Plaintiff is Brian H. Edwards, an adult individual residing at 161 East Mulberry Avenue, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Father"). 2. Defendant is Amy J. Edwards, an adult individual of Cumberland County, Pennsylvania, who upon information and belief is currently residing at 95 Cherry Lane, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter "Mother"). 3. The parties are the natural parents of two (2) children, named Brian H. Edwards, Jr., born December 8, 1988, currently age 18 years, and Cory W. Edwards, born February 6, 1996, currently age 12 years. 4. On or about February 19, 2006, Mother moved from the marital residence and both of the parties' children continued to reside with Father. 5. From February 19, 2006, until approximately April 14, 2007, the minor children resided primarily with Father. 6. On or about April 14, 2007, after a weekend visit with Mother, she refused to return the children, particularly their still minor child Cory, to Father and has withheld custody from him since that time. 7. Mother has refused to allow and/or has prevented regular telephone contact with Father. 8. Upon information and belief, Mother has changed their current school enrollment from Carlisle Area School District to Cumberland Valley School District without consulting with or informing Father. 9. Father desires primary physical custody and joint legal custody of the parties' minor child. 10. The best interests and permanent welfare of the minor child requires that the Court grant the Father's request as set forth above. 11. Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 12. Father does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Brian H. Edwards, respectfully requests that he be awarded primary physical custody and joint legal custody of Cory W. Edwards, as provided herein. Respectfully submitted, IR N & McKNIG T~ BY~ Douglas .Miller, Esquire Supreme Court I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: May 10, 2007 Attorney for Plaintiff 2 L VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. B AN H. EDWARDS Date: 5/ 10/07 (~ ~~. V ~ ~ ~ ~ ~,Q~ T J ~,. ;Y ~:. T \ - _ fTl :~ 7, '~ 1 .... .. .._ ~.:... i "Fy '~ A ~_ ~. i~ BRIAN H. EDWARDS, Plaintiff/Petitioner, v. AMY J. EDWARDS, Defendant/Respondent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN CUSTODY CIVIL TERM PETITION FOR SPECIAL RELIEF AND NOW, this 10~' day of May, 2007, comes the Petitioner, Brian H. Edwards, by and through his attorneys, Irwin & McKnight, and files this Petition for Special Relief making the following statements: 1. The Petitioner is Brian H. Edwards, an adult individual residing at 161 East Mulberry Avenue, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter "Father"). 2. The Respondent is Amy J. Edwards, an adult individual of Cumberland County, Pennsylvania, who upon information and belief is currently residing at 95 Cherry Lane, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter "Mother") 3. Father and Mother were married on June 12, 1988 in Camp Hill, Pennsylvania, and Father has filed a custody action contemporaneous with and under the same docket number as this action with the Court of Common Pleas of Cumberland County, Pennsylvania. 4. The parties are the natural parents of two (2) children, named Brian H. Edwards, Jr., born December 8, 1988, currently age 18 years, and Cory W. Edwards, born February 6, 1996, currently age 12 years. 5. On or about February 19, 2006, Mother moved from the marital residence and both of the parties' children continued to reside with Father. 6. From February 19, 2006, until approximately April 14, 2007, the minor children resided primarily with Father. 7. On or about April 14, 2007, after a weekend visit with Mother, she refused to return the children, particularly their still minor child Cory, to Father and has withheld custody from him since that time. 8. Mother has refused to allow and/or has prevented regular telephone contact with Father. 9. Upon information and belief, Mother has changed their current school enrollment from Carlisle Area School District to Cumberland Valley School District without consulting with or informing Father. 10. Respondent Mother had not informed Petitioner Father in advance that she was going to retain custody of the parties' minor child, or that she was changing the school enrollment. 11. Upon information and belief, Respondent has not filed for any approval from this Court to enroll the parties' minor child in another school district or to seek primary custody from Petitioner in the more than one (1) year since she moved from the marital residence. 12. For more than one (1) year following Respondent Mother's leaving the marital residence, Petitioner Father had primary custody of the parties' minor children. 13. Respondent, by her actions, has prevented any physical custody time by Petitioner since her unilateral decisions to retain custody and change school enrollment. 14. Petitioner desires primary physical custody and sole legal custody of the parties' still minor child. 15. The actions by Respondent are not in the best interest or welfare of the parties' minor child. 16. Respondent's unilateral removal of both of the parties' boys from Petitioner has severely disrupted their day-to-day lives, and has irreparably harmed Petitioner. 17. Petitioner Father has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 18. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 19. The best interests and permanent welfare of the child require that the Court grant the Petitioner's requests as set forth above. WHEREFORE, the Petitioner, Brian H. Edwards, respectfully requests that this Honorable Court enter an Order of Court directing Respondent to return the parties' minor child, Cory W. Edwards, to the Petitioner and further granting Petitioner primary physical custody and legal custody of the parties' minor child pending a custody conciliation between the parties. Respectfully submitted, IRWIN & McKNIGHT By: Douglas .Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, Brian H. Edwards Date: May 10, 2007 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. B N H. EDWARDS Date: 5/ 10/07 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows, on the date set forth below: Amy J. Edwards 95 Cherry Lane Carlisle, Pennsylvania 17015 IRWIN & McKNIGHT By. Douglas G. 'ller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, Brian H. Edwards Date: May 10, 2007 ("~ ~v "~ '-~ c`-~i C.J K ~• ,_~ Y~ , ( A~ ~ ~ + - ~.~~ 7 ~ ~ r} . ' V `{~ C ` 1 ~v ~ fi ~ ri N ~ t ~. ~ F - ~+ ~ ~ ~` v n BRIAN H. EDWARDS, Plaintiff, v. AMY J. EDWARDS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : 2007 - 2845 CIVIL TERM IN CUSTODY AMENDMENT TO PETITION FOR SPECIAL RELIEF AND NOW, this 15~' day of May, 2007, comes the Petitioner, Brian H. Edwards, by and through his attorneys, Irwin & McKnight, and files this Amendment to Petition for Special Relief pursuant to Cumberland County Local Rule 208.3(a). 1, A Judge has not been assigned to this matter nor ruled upon any other issue in the matter or any related matter. 2. There is currently no opposing counsel of record. Respectfully submitted, IRWIN & McKNIGHT Date: May 15, 2007 By: Douglas .Miller, squire Supreme Court Id # 83776 60 West Pomfret Street Cazlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Brian Edwazds C~ r.~ ti'~ m~~ ~ -~.:; 'rr r~`==' ~ . tJ , ..:::y -7-r - t-_- "'.,. ",,.~ rn 3'r~, '-~ i-% -.~ :- -}. ;; 'r, ~.' ~~ i-' 1 ~C'- ~t BRIAN H. EDWARDS, Plaintiff, v. AMY J. EDWARDS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2007 - 2845 CIVIL TERM IN CUSTODY AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint in Custody and Petition for Special Relief were served upon the defendant, Amy J. Edwards, on May 12, 2007 by certified mail, return receipt requested, addressed to Amy J. Edwards, at her address at 95 Cherry Lane, Carlisle, Pennsylvania 17015, with return receipt number 7004 1350 0003 7289 4782. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN & McI~TIGHT w Date: ~/~py l~, ~~ By= (( Douglas .Miller, Esq ' e Supreme Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Brian Edwards ... 1 t~npNie hstr'r 1, 2. and 3. Aleo Complete Morn 4 if. Restricted DsNyery is desired. ~ Mint yvdr rairrrs card address on the reverse ae lhat vire tear rettxn the card to yau. ^ AMach 1Ms Card t0 the t)ACIC of the rrrailpit~0e, r en the trout if apace pertnks. 1. l4wb Addressed to: AiMi J . ~i1~DS ~~ ~ LAVE 1'.ISLE, PA 17015 X ~ ^ Addrsssr 8. RsoN~rsd by ( Name) C. of p~wry -i. q. Is dsWay address from Item 1 ~ ^ Yee YE3, enter delivery addross ttebw: ^ No 3. 3srvios Type Certlfled MeN D Expross Nell ~ RspisO<KSd Q Rstum Fleveipt icrr MeroFrrr~ea ~ Inetxed MeN ~ C.O.D. 4. Restricted DeNreey't (Er6a yr, z ~°~"'"b°r ~ 7004 135^ 0003 7289 4782 ~i-~e armor Ulm K Porn 4, fe~aeery >t01Mt casrrwaas IlMurn lleseipt .r.~~o ~„~_ ru ~ ~ tti , . • . - o, ~ . . r rv ~ Postage ~ m p CertifNed Fee p p Retum Reciept Fee (EndOrsemeM Required) O ~ me t R~ired rn ~ 7bfal Postage ~ Fees 7 p O p J. Edwards ~~ a,yo ~ ~ ~7 3~ ~~ ~~~~ .Lane ____.___. PA 17015 a o r° UNp'r~ °~-~` s~~ T~ ~ V `~ O N N `~ ~ ! ~' ~ > 'v ~~ n-f O~ ~~~~~ aJyYf • V ly e O 0 ,,, r.. `_ ~ ~ c_ .:, ~ ~_; -, s -, ~- - --: _ -: ~ C +: _-. {.:.~ :_.." ._.~ -_ .. BRIAN H. EDWARDS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2845 CIVIL V. CIVIL ACTION -LAW AMY J. EDWARDS, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 16t'' day of May, 2007, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before May 21, 2007; 3. A hearing on this matter will be heard on May 22, 2007 at 3:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ouglas G. Miller, Esquir Coun I for Plaintiff my J. Edwards Defendant bas ''` M. L. Ebert, Jr., J. S ` ~ ~ ~ ' ~,~~?"`iL e^"-.,, ~i ,,,,~ ~4 :.. ~ ~~~ ~~~.~ :~ ~d ~ ~ ~ ~~a : t A ~~ ,, ~.~j ~ v ~ ;, ~; `~ 1~1~ ,~.. 0 BRIAN H. EDWARDS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 07-2845 CIVIL TERM AMY J. EDWARDS, CIVIL ACTION -LAW Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Amy J. Edwards, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 r""` c'-w "i 1 ._ ~°•J - ~+ ;4 ~~ -~ ..- i " , '.:.. ~,i f~ ..r •~--" .. c ~ BRIAN H. EDWARDS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 07-2845 CIVIL TERM AMY J. EDWARDS, CIVIL ACTION -LAW Defendant IN CUSTODY ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF The Defendant, Amy J. Edwards, by and through her attorneys MidPenn Legal Services, hereby sets forth as follows: 1. Admitted but by way of clarification, Plaintiff s name is actually spelled Bryan. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. The correct spelling of the older child's name is Bryan H. Edwards, Jr. The younger child, Cory W. Edwards, is eleven (11) years old. 5. Denied as stated. On or about February 19, 2006, Mother advised Father of her desire for a divorce. The marital residence at that time was a rented apartment on the second floor of maternal grandmother's home. From February 2006 until mid-March 2006, Mother stayed at the marital residence during the week and on weekends took the children with her to the maternal uncle's home. Mother left the marital residence permanently in mid-March 2006, but the children remained with Father. 6. Admitted in part and denied in part. From mid-March 2006 through early-June 2006, the children remained in the marital home with Father. The children resided primarily with 1Wlother during the summer of 2006. At the start of the 2006-2007 school year, the'children were with Father during the week and with Mother one night each week, alternating weekends, and any additional time that may have been made available. 7. Denied. The older child, Bryan Edwards, Jr., has reached the age of majority and has made his own decisions about where he wishes to spend the majority of his time. Mother has made no attempts to "withhold" Bryan, Jr. from Father. By way of further answer, Cory was with Father on Sunday, April 15th and remained with him until Tuesday, April 17th. At that time, Mother had to take Cory to the hospital because of a serious injury to his knee. Cory requested to stay with Mother because of Father's failure to provide sufficient and appropriate care for Cory's injury. 8. Denied. Mother has not interfered with Cory's ability to contact Father by telephone. By way of further answer, Mother made sure that when she changed her telephone number, Cory immediately contacted Father to give him the new contact information. 9. Denied as stated. Mother told Father that Cory requested to stay with her and that she was going to transfer him to the Cumberland Valley School District. Father was not opposed to this change. 10. Denied as stated. Mother advised Father that Cory had requested to stay with her and begin school in the Cumberland Valley School District. 11. Admitted in part and denied in part. Mother has not filed any custodial paperwork with the Court in regard to Cory Edwards but inasmuch as there was no existing Order, Mother had no specific obligation to obtain Court permission to retain custody of Cory or to enroll him in a new school. 12. Denied as stated. The children were only with Father on a primary basis during the academic year a~ad were with Mother on a primary basis for the summer. By way of further answer, when Father moved from the marital residence to be with his girlfriend, the older child elected to spend minimal time with Father and has not been in Father's primary custody since Easter weekend, April 2007. 13. Denied as stated. Mother has not prevented Father from seeing Cory and in fact encouraged recent visits between Cory and Father. 14. Defendant is unable to determine the truth of this statement. 15. Denied. Mother has Cory's best interests at heart and has acted out of concern that those interests were not being met by Father. 16. Defendant is unable to determine the truth of this statement. 17. Admitted that there is no other pending custody action regarding Cory Edwards in this or any other jurisdiction. 18. Admitted that there are no other parties who can claim rights to visitation or custody of Cory. 19. Denied. Mother asserts that Cory's best interests will be served by allowing him to remain in her primary care and custody. NEW MATTER AND CLAIM FOR CUSTODY 20. Defendant incorporates Paragraphs 1 through 19 as if more fully set forth herein. 21. In early Apri12m07, Father moved from the marital residence at 291 Cranes Gap Road to a new hlome at 161 Mulberry Avenue. 22. This address change requires Cory to transfer from Crestview Elementary School to LeTort Elementary School. 23. Father's assertion that Mother failed to act in Cory's best interests by registering him in a new school is moot in light of Father's decision to change residences and, consequently, change Cory's school. 24. Mother has historically been Cory's primary caretaker and she is better equipped to care for Cory on a primary basis. 25. Mother agrees that she previously agreed to allow Cory to remain with Father. On April 17, 2007, when Cory came to Mother with severe injuries that were inadequately addressed by Father, she believed that her actions in taking Cory to the doctor and complying with Cory's requests to stay with her on a primary basis were done solely to support Cory's best interests. WHEREFORE, Defendant prays that Plaintiff's Petition for Special Relief be denied and that shared legal custody and primary physical custody be awarded to her. AL SERVICES ~essi Est, ;squire 401 t outher Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 VERIFICATION I, Jessica Holst, Esquire, counsel for Amy J. Edwards, hereby swear and affirm that the facts set forth in this document are true and correct to the best of my knowledge, information and belief. I have sufficient knowledge or information and belief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. Amy J. Edwards has confirmed that the statements in this pleading are true and correct to the best of her knowledge, but she is unavailable to provide her personal verification and such verification cannot be timely obtained. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~~~~~~ Date BRIAN H. EDWARDS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 07-2845 CIVIL TERM AMY J. EDWARDS, CIVIL ACTION -LAW Defendant IN CUSTODY Affidavit of Service I, Jessica Halst, Esquire, hereby state that I served the enclosed Answer to Complaint in Custody and New Matter by depositing same in the first class , U.S. Mail, postage prepaid, and addressed as follows on 1 ~ ~ Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Jessi aols~; Esquire Mi e Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ,` _,.,,~ .~,~ z~r= --*.-~ _ _ =, ~~ , ~ BRIAN H. EDWARDS, Plaintiff v AMY J. EDWARDS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2845 CIVIL ACTION -LAW 1N CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Amy. J. Edwards, in the above captioned case. 7~s~ca Holsil, Esquire ~ idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: ~ ` ~~ ` ~~ i ..-. BRIAN H. EDWARDS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vi. NO. 07-2845 CIVIL ACTION -LAW AMY J. EDWARDS, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Amy J. Edwards, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: J ~ ~ ~ " ~- ii ii ~ ~ ~a HoI$t, Esquire idPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ~~ i~ ~^ ~ 4 _.. -- ---1 _ ~ r -; ~- 1.. ( ~31 ~ ' ~ ^' .r r`~ 1 . w - -- BRIAN H. EDWARDS [N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMY J. EDWARDS DF,FF..NDANT 07-2845 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 18, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June O5, 2007 at 2:30 PM for aPre-Hearing Custody Conference. At si-ch 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, Bv: /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabitites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'i~ 11,7 ~'"iy'~ i~=~ 1~~`~f t U~~ ~~ '-.~ :~~~i :S4 ~ ~ BRIAN H. EDWARDS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. 07-2845 CIVIL AMY J. EDWARDS, DEFENDANT IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 22"d day of May, 2007, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Until the close of the current school year, the Mother shall exercise primary physical custody of the child, Cory, and the Father shall have partial physical custody of the child each weekend. The exchanges shall occur Friday evening at a time and place established by mutual agreement of the parties. The Father will return the child to the Mother by 7:00 p.m. Sunday evening. 2. After the conclusion of the school year, the parties will share legal and physical custody on aweek-on/week-off schedule throughout the summer. Exchanges will occur Friday evening at a time and place established by mutual agreement of the parties. Father's first week-long period of custody will begin the night of Friday, June 8, 2007. 3. Memorial Day, Monday, May 28, 2007, Mother will transport Cory to Father's home at 12:00 noon and Father will return Cory to Mother at 7:00 p.m. By the Court, "\ M. L. Ebert, Jr., J. a-o :, I Z c~ !~'~ ~~ r!,''s'~~ ~~tl~ `; _~ .' ~ ~ 1~ 1':~ I ~uglas R. Miller, Esquire Attorney for Plaintiff ~ssica Holst, Esquire Mid-Penn Legal Services, Inc. Attorney for Defendant bas "'~ OCT 012007 ~ ~ BRIAN H. EDWARDS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-2845 CIVIL ACTION LAW AMY J. EDWARDS, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this ~ S~ day of ~c~0 2007, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The Father, Brian Edwards, and the Mother, Amy Edwazds, shall have shazed legal custody of Cory Edwards, born 2/6/96. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one pazent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other pazent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. The Mother shall enjoy primary physical custody of the Child. 3. The Father shall have periods of partial physical custody of the Child during the school yeaz every Friday after school until Sunday 7:00 pm. During Cory's summer vacation, the parties shall shaze physical custody on a week on/week off basis. Exchanges shall occur Friday evening upon mutual agreement. The parties may alter this arrangement upon mutual agreement. 4. The Mother and Father shall shaze the transportation for the custody exchanges. 5. Holidays: Major holidays with the Child shall be alternated between the pazents by mutual agreement. It is understood that Mother always has Mother's Day and Father always has Father's Day. 6. The Mother and Father shall facilitate engaging in family counseling as mutually agreed upon. The cost of this counseling, after any appropriate payment through insurance, shall be split equally between the parties. 7. In the event that the custodial party is in need of a babysitter for more than two hours, other than paternal grandmother, the custodial parent shall contact the non-custodial parent and offer said babysitting opportunity to the non-custodial pazent. 8. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed upon between the parties. _ I~~ `i , , ~ w w 9. Neither parry may say or do anything nor permit a third parry to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. Each party is entitled to two non-consecutive weeks of vacation per year with the Child. The requesting party shall give one month's notice of the requested vacation time to the other parent. 13. This Order is entered pursuant to 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. Counsel for the parties are directed to contact the assigned Conciliator to schedule a status update conference as necessary. By the Court, D' 'bution: a Holst, Esquire glas Miller, Esquire J. Mangan, Esquire .... BRIAN H. EDWARDS, Plaintiff v. AMY J. EDWARDS, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2845 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Cory W. Edwards 2/6/96 Mother 2. A Conciliation Conference was held with regard to this matter on June 5, 2007 with the following individuals in attendance: The Mother, Amy Edwards, with her counsel, Jessica Holst, Esq. The Father, Brian Edwards, with his counsel, Douglas Miller, Esq. 3. The parties agreed to the entry of an Order in the form as attached. y ~ 9"~a~ ---_.-__ Date John J. M gan, Esqui Custody Conciliator