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HomeMy WebLinkAbout07-4217Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OLIVIA LEIGH HAMII.TON, Plaintiff v. CHAD EDWARD MOSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07- ~-/ ~. ~ '7 CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S COMPLAINT FOR CUSTODY 1. Plaintiff is Olivia L. Hamilton, an adult individual currently residing at 1786 Baird Road, Penfield, New York. 2. Defendant is Chad E. Moser, an adult individual currently at 1402 Bradley Drive, #314A, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Jorden Adrianna Moser, who was born on November 2, 2005. 4. The child was born out of wedlock. 5. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: The child resided with both parents until approximately July 1, 2007, and since then, has resided with Plaintiff at her current address. 6. The relationship of the Plaintiff to the child is that of mother. She is single and living separately. The Plaintiff currently resides with relatives. 7. The relationship of the Defendant to the child is that of father. He is single and living separately. The Defendant currently resides alone. 8. The parties have not participated in previous litigation concerning the custody of the child in this court or any court. 9. The Plaintiffhas no information of a custody proceeding concerning the child pending in any other court. 10. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: she can best provide a stable and nurturing environment for her daughter. 11. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON LAW OFFICES Thomas J. Wi liams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 18, 2007 VERIFICATION The foregoing Custody Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make false averments, I may be subject to criminal penal Olivia L. Hamilton ~' ':~_ ~? ~' _ ~ ~ ~d~ ~ ` ~ti ~ ~ ~ ~, = ..__ o w.. ~;.~~r ~ .. ~, v ~ -~-- a fi '7-.. b ,~ U OLIVIA LEIGH HAMILTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 07-4217 CIVIL ACTION LAW CHAD EDWARD MOSER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, July 23, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at____.__._4th_Floor, Cumberland Count~Courthouse, Carlisle on . _____Thursday, August 16, 2007 ~__ at 8:30 AM for aPre-Nearing 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; Is/ Jaccxueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled. individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~ -_, -~ . ~., • i F: \FILES\ l 2686\ 12686.1. aos Created: 9120/04 0:06PM Revised: B/10/07 9:33AM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 170]3 (717) 243-3341 Attorneys for Plaintiff OLIVIA LEIGH HAMILTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, N0.07-4217 CIVIL ACTION -LAW CHAD EDWARD MOSER, Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND I hereby certify that a copy of the Custody Complaint was mailed to Defendant Chad Edward Moser at 1402 Bradley Drive, #314A, Carlisle, PA 17013 on July 20, 2007, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "Chad Moser" and dated 3uly 23, 2007. i Thomas J. Wi ams, Esquire Sworn to and subscribed before me thi$/~day of August, 20 l!~ CO1~Ilv10NWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County My commission expires Decamf,er ~~ ?'I10 _. ~ ^ Complete items 1, 2, and 3. Also complete item 4 H Restricted Delivery is desired. ^ Print your Hams and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front N space permits. 1. Article Addressed to: 1'~. C~o,~ ~`1~ser ~ ~I oa bnc,~l ~n~~v~. ~ 31,y ~l G~L~ t P~ ~ 1D1 ~ a ^ Agent R by (Pifnied Name) C. Date of Delivery D. Is delivery address dMerent from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ~Certifled Mail ^ Express Mail ^ Registered O Retum Ret~lpt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) 1~Yes 2. Article Number 7 0 0 3 3110 0 ~~ 4 5 7 7 2 5 412 (1ranste- from ssvvta hb~ PS Form 3811, February 2004 Donnatfc Rstum Receipt '°rs°s°2-M-tsao ru - ^ ~ - - ~ .. • .-. u-l ~ G S P 7,1 ~ Postage s ~~.SE .~~y'it~ o cerafled Fee #g,b5 :~ 1~ ~~ ~ Retum Reciept Fee _ 1 ~ (ErWorsement Required) X2.15 ' ~ (Enedo~raeme~Required) #~,.1~ ,, ~~ 'j`? ,-~ / ..~ fr1 Total Postage & Fees ~ ~ .,,~i) j ~~ rY'1 t o ; ~ . .. O ~~ .... . __ --.....-°--... or Po aox No. ~ /~~ L lA~il~.~ '~c~/~ ~ ~' ~ ~~ ---~ ~ r~-; k Z e_, ~„ ~ ~ ~ 1 ~ .. ~:,. : 4 ~ W . l q AUG 282001, OLIVIA LEIGH HAMILTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA, V. : N0.2007-4217 CIVIL ACTION -LAW CHAD EDWARD MOSER, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 28~' day of August, 2007, being advised that the parties have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~• line M. Verney, Esquire, C ody Conciliator ~i'~~~'r1~~~~r~s~~ L ~ :~ Ebb 6Z ~~a tO~Z 1~~lG~Jui-I.lt.k~~S ~~~.). 3G • , Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OLIVIA LEIGH HAMILTON, Plaintiff v. CHAD EDWARD MOSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4217 CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S AMENDED COMPLAINT FOR CUSTODY 1. Plaintiff is Olivia L. Hamilton, an adult individual currently residing at 1402 Bradley Drive, Carlisle, PA 17013. 2. Defendant is Chad E. Moser, an adult individual currently residing at 227 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Jorden Adrianna Moser, who was born on November 2, 2005. She was born out of wedlock 4. The child has resided with both Mother and Father at Mother's address until Apri120, 2009, when Father left. Since that date, the child has resided solely with Mother. 5. The relationship of the Plaintiffto the child is that of mother. She is single and living separately. 6. The relationship of the Defendant to the child is that of father. He is single and living separately. The Defendant currently resides with his father, Charles Moser. 7. AcustodyconciliationhadbeenscheduledbeforeJacquelineM.Verney,Conciliator; however the parties reconciled and a conciliation was never held. 8. The best interest and permanent welfare of the child will be served by granting custody to Plaintiff because: she can best provide a stable and nurturing environment for her daughter. 9. Plaintiff does not know of any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiffrequests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant Plaintiff the Custody Order. Pending said hearing, Plaintiff requests temporary custody. MARTSON LAW OFFICES s Thomas J. Williams, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ..- °. ; VERIFICATION The foregoing Amended Custody Complaint is based upon information which has been gathered by my counsel in the prepazation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal pens ~t~ f ~ `t: „~r 1F" "" t' ' ' I i a~,~+Y rr h ,-,. Ll ,.^: `* t ~.. r ~~"S_~d ~ 5rfi' ~ J k ~ 7 0, oe PAL ~~y P'p~.,E-~v,~ ~~ a 3-'f y fr &'' OL[VIA LEIGH HAMILTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHAD EDWARD MOSER DEFENDANT 2007-4217 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 04, 2009 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, Juue 02, 2009 at 9:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 'The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Jacqueline M. Verney, Esq. pF ~-- Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must. be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 r ~.. ., R,.;~~ V i.! ~ o ~1 ~~~o~ ~ ~ ~ JUN 0 3 2009 G, OLIVIA LEIGH HAMILTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4217 CIVIL ACTION -LAW CHAD EDWARD MOSER, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ` " day of V~"C , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Olivia Leigh Hamilton and the Father, Chad Edward Moser, shall have shared legal custody of Jorden Adrianna Moser, born November 2, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 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 the other parent. 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. Both parents shall be entitled to full participation in all educational and medicaUtreatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have supervised visitation with the child for four hours one time per week. The supervisor shall be Jeannine Reed or another person mutually agreed to by the parents. 4. Father shall look into the possibility of attending a parenting program. Father shall have liberal telephone contact with the child. 6. Neither party may use illegal drugs or drink alcoholic beverages to the point of intoxication immediately before or during their periods of visitation or physical custody. 7. Transportation shall be as agreed by the parties 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for August 3, 2009 at 9:30 a.m. / J. cc/Thomas J. Williams, Esquire, Counsel for Mother had Edward Moser, pro se 69 Channel Drive ~ Carlisle, PA 17013 °~ ~/,o~~ ~~ " v-WV~ JUN 0 3 2009(„ OLIVIA LEIGH HAMILTON, Plaintiff V. CHAD EDWARD MOSER, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4217 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 1N CUSTODY OF Jorden Adrianna Moser November 2, 2005 Mother 2. A Conciliation Conference was held in this matter on June 2, 2009, with the following in attendance: The Mother, Olivia Leigh Hamilton, with her counsel, Thomas J. Williams, Esquire, and the Father, Chad Edward Moser, pro se. 3. The parties agreed to an Order in the form as attached. Date ac line M. Verney, Esquire Custody Conciliator Fll~~f;riCE 0~ THE F~~`T~'r~~~T',~Y Z~D9 ~~~ i D ~ 1 I ~ 52 AUG 0 3 Z00!~ OLIVIA LEIGH HAMILTON, Plaintiff V. CHAD EDWARD MOSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4217 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this ~ day of , 2009, upon consideration of the attached Custody Conciliation eport, is ordered and directed as follows: 1. The prior Order of Court dated June 10, 2009 shall remain in full force and effect with the following modifications. 2. Father shall have four hours of supervised visitation every Saturday from 9:00 a.m. to 1:00 p.m. The supervisor shall be David Connors. 3. 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. Another Custody Conciliation Conference is scheduled for August 31, 2009 at 9:30 a.m. cc: Tomas J. Williams, Esquire, Coi Chad Edward Moser, pro se 69 Channel Drive Carlisle, PA 17013 l:0 ~~ES rn.~. c 8 ~~~ ~~ 0 3 200 OLIVIA LEIGH HAMILTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4217 CIVIL ACTION -LAW CHAD EDWARD MOSER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 Jorden Adrianna Moser DATE OF BIRTH CURRENTLY 1N CUSTODY OF November 2, 2005 Mother 2. A Conciliation Conference was held in this matter on August 3, 2009, with the following in attendance: The Mother, Olivia Leigh Hamilton, with her counsel, Thomas J. Williams, Esquire, and the Father, Chad Edward Moser, pro se. 3. The Honorable President Judge Edgar B. Bayley entered an Order of Court dated June 10, 2009 providing for shared legal custody, Mother having primary physical custody and Father having periods of supervised visitation, four hours every week. 4. The parties agreed to an Order in the form as attached. ~-3 09 Date acq ine M. Verney, Esquire Custody Conciliator +.~. 1~. L~UJ f'Y4~ ~'l,.l ~'~ ~ ~ ~ 4 V LV,Y, .. , ,l 1 .~ -. s~ o i zoos 2 OLIVIA LEIGH HAMILTON, Plaintiff V. CHAD EDWARD MOSER, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4217 IN CUSTODY ORDER OF COURT CIVIL ACTION -LAW AND NOW, this _.~~ay of , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated June 10, 2009 and August 6, 2009 shall remain in full force and effect with the following modifications. 2. Father shall submit to drug testing at Mother's request. Mother shall provide the location for the drug testing and be responsible for the costs thereof. 3. If Father tests positive for illegal drugs, he shall not be entitled to his period of partial physical custody. He shall be entitled to his period of partial physical custody once he tests negative. 4. Father shall have four hours of partial physical custody every Saturday from 9:00 a.m. to 1:00 p.m. 5. 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. Another Custody Conciliation Conference is scheduled for September 28, 2009 at 9:30 a.m. -. cc•: T mas J. Williams, Esquire, Counsel for Mother /Chad Edward Moser, pro se 69 Channel Drive Carlisle, PA 17013 t ES' r1ti~.t 4/~/~ ~~ ~.r?». M1TYJ ~~w.t ~L.. ~~ ~3 ~ t"L. ~ ..~ ~ti ~t ~,,,,S,rP`,1 ~f'te .. -,. OLIVIA LEIGH HAMILTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2007-4217 CIVIL ACTION -LAW CHAD EDWARD MOSER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 1N CUSTODY OF Jorden Adrianna Moser November 2, 2005 Mother 2. A Conciliation Conference was held in this matter on August 31, 2009, with the following in attendance: The Mother, Olivia Leigh Hamilton, with her counsel, Thomas J. Williams, Esquire, and the Father, Chad Edward Moser, pro se. 3. The Honorable President Judge Edgar B. Bayley entered Orders of Court dated June 10, 2009 and August 6, 2009 providing for shared legal custody, Mother having primary physical custody and Father having periods of supervised visitation, four hours every week. 4. The parties agreed to an Order in the form as attached. f'-3 ~-~~ Date !~ . V Jac eline M. Verney, Esquire Custody Conciliator SEP ? 9 2009G~ OLIVIA LEIGH HAMILTON, Plaintiff V. CHAD EDWARD MOSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4217 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~`' day of ~ ~ , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. o~ , of the Cumberland County Court House, on the ~~day of ~ ~,'~}P~ , 2009, at ~~ o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated June 10, 2009 and August 6, 2009 and September 2, 2009 shall remain in full force and effect with the following modification. Father shall be responsible for paying for any drug test. 4. 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 Edgar B cc:,~iomas J. Williams, Esquire, counsel for Mother //Chad Edward Moser, pro se 69 Channel Drive Carlisle, PA 17013 w L E.S' .7-tat[ C£0., ~v S~U~ ~'r~ P.J. OLIVIA LEIGH HAMILTON, Plaintiff V. CHAD EDWARD MOSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4217 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.J. 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 Jorden Adrianna Moser November 2, 2005 Mother 2. A Conciliation Conference was held September 28, 2009 with the following individuals in attendance: The Mother, Olivia Leigh Hamilton, with her counsel, Thomas J. Williams, Esquire, and the Father, Chad Edward Moser, pro se. 3. The Honorable President Judge Edgar B. Bayley previously entered Orders of Court dated June 10, 2009, August 6, 2009 and September 2, 2009 providing for shared legal custody, Mother having primary physical custody and Father having four hours of partial physical custody every Saturday, provided Father tested negative for drugs. Mother was to pay for the drug test. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody. Mother asserts that Father is addicted to drugs and is not a safe caretaker of a three year old child. Mother requests Father obtain a Drug and Alcohol Evaluation and follow any recommendations. Mother is willing to let Father have periods of partial physical custody if Father tests negative for illegal drugs. She was willing to pay for the first test but not any subsequent tests. Mother has relocated to New York and maintains that Father should be responsible for transportation. 5. Father's position on custody is as follows: Father admits to using marijuana but minimizes the effects of the drug. He accuses Mother of also using marijuana when they were together. He asserts that Mother should pay for the drug testing. He objects to Mother relocating to New York. He maintains that because Mother relocated, she should be responsible for transportation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Orders with one additional modification. It is expected that the Hearing will require one-half day. Date. v - iJ acq line M. Verney, Esquire Custody Conciliator Fi~.v..;~ -'f-;~ Vii= T!-~c ~` ~ '~ > ~I~?Y 2009 QCT -7 P~ t;: i 9 OLIVIA LEIGH HAMILTON, Plaintiff V. CHAD EDWARD MOSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 07-4217 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of October, 2009, following a hearing on the merits, IT IS ORDERED THAT: 1. The mother, Olivia Leigh Hamilton, and the father, Chad Edward Moser, shall have shared legal custody of Jorden Adrianna Moser, born November 2, 2005. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the chi.ld's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and the other parent. 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to, medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall be entitled to supervised visitation with the child every other Saturday from 1:00 p.m. until 5:00 p.m. The supervisor to be David Connors. Costs of transportation to be borne by mother. Mother shall be required to bring the child to Cumberland County. Father shall give mother $100.00 for gas which he is entitled to credit against his child support. Mother shall give father a receipt indicating that she has received the $100.00. If father fails to pay the $100.00, subsequent visitations will occur in New York until such time as the $100.00 has been paid. 4. Father is directed to contact Kim Sweeger at Alternative Behavior Consultants, 224 South Hanover Street, Carlisle, PA, to make arrangements to attend the TIPS Parenting Class. (If he wishes, he may contact some other appropriate parenting class provider). Once the parenting classes have been completed and we have a letter to the effect that father is able to care for his child's needs, he shall be entitled to unsupervised visitation every other weekend from Friday at 5:00 p.m. until Sunday at 5:00 p.m. Once the unsupervised visitation begins, the parties shall share transportation by meeting at a mutually agreed upon midway point. Unless otherwise agreed, the midway point shall be the Kwik Fill Gas Station in Blossburg, Pennsylvania. 5. Once the unsupervised visitation begins, mother may request that father submit tc a drug test for marijuana use. If the test is negative, mother shall pay for the test. If the test is positive, father shall pay for the test. If the test is positive, supervised visitation on the terms set forth in paragraph 3 above shall be reinstituted until a negative drug test is provided. Costs for all testing necessary to resume unsupervised visitation shall be borne by father. 6. Father shall have liberal telephone contact with the child. 7. Neither party may use illegal drugs or drink alcoholic beverages to the point of intoxication immediately before or during periods of visitation or physical custody. 8. This Court shall retain jurisdiction. 9. 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. Thomas J. Williams, Esquire For Plaintiff Chad Edward Moser, pro se 69 Channel Drive Carlisle, PA 17013 Sheriff B e Court, Edward E. Guido, J. .Gu~,u.e .~YH.d.~~ul.. / p. 3 D- ~ q C~,. prs ~- ~.f~ i 1 IC 11 4 ~ IL.+3 Y 10Q9OCT 30 ~~l1~ 36 r.r r .. -.~ a F