Loading...
HomeMy WebLinkAbout07-5531IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLA ND, Indent :No. 6r7 - s5<j IN DIVORCE/CUSTODY YOU HAVE BEEN SUED RV COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland county courthouse, one Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY DOSE THE RIGHT TO CLAIM ANY OF THEM. 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 (717) 249-3166 1-800-990-9108 US TED HA SIDO DEMANDADO EN I.A CORM Si desea defenderse de las quejas expuestas en las pfiginas siguientes, debe tomar aoci6n con prontitud. Se le avisa que si no se defiende, el am puede proceder sin usted y decreto de divorc o o anculamieno puede ser emitido en su contra por la Corte. Una decisi6n tambi6n ser emitida en su contra por cualquier otra queja o compensaci6n reclamados por el demandante. Usted puede perder dinero, o propiedades u otros dereclms importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimona, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOI,ADO U OTROS GAsm ANTES DE QUE EL DECRKID FINAL DE DIVORCIO O ANtflLAMIKWM SEA EUMDO, LISTED PUEDE PERDER EL -DERECNO A RECLAMAR CUALQUIERA DE ELLOS. USTED DERR LLEVAR ESTE PAPEL A UN ABOGADO DE MIEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAdO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LF GAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-99o-9io8 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of i9go. 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 baring or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland. County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3165 i-8oo-99o-9io8 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717)730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CPA L AMON - LAW JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant :No. d 7, SS31 IN DIVORCE/CUSTODY A1VDNVOW comes JERILYN R. MULHOLLAND, by and through her attorney, Maryann Murphy, Esquire, who respec fully avers as follows: 1. Plaintiff is JERILYN R. MULHOLLAND who resides at 612 Heritage Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is JOSHUA J. MULHOLLAND who resides at 212 West Y4&r Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 20, 1996 in Waukeegan, Illinois. 5. There have been no prior actions for divorce or for annulment between Plaintiff and Defendant. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. 10. Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Plaintiff and Defendant are the biological parents of K*xstan Ann Mulholland, born March 1, 1999 and Brennin Joshua Hugh Mulholland, born February 25,2005- 12. The minor children currently reside with Plaintiff and Defendant on a shared parenting schedule. 13. During the lifetime of the children, they have resided at the following addresses with the following persons: Time Address With Whom birth-10/2002 1073 Carey Street Plaintiff and Defendant Pouisbo, Washington 10/2002-1/2005 Virginia Beach, VA Plaintiff and Defendant 1/2005-10/2005 4844 Diven Street Norfolk, VA Plaintiff and Defendant 10/2005-2/2oo6 2/2oo6-present 121 Pisgah Rest Shermansdale, PA 612 Heritage Court Mechanicsburg, PA and 212 West Keller Street Mechanicsburg, PA Plaintiff and Defendant, Plaintiffs patents Plaintiff Defendant 14. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the minor children in this or any other Court, except as set forth above. 15. Plaintiff has no information of a custody proceeding concerning the minor children pending in a Court of this Commonwealth or any other Court. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the minor children, or claims to have custody or visitation rights with respect to the minor children. 17. Each parents whose parental rights to the minor children have not been terminated, and the persons who have physical custody of the minor children have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the minor children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 18. The best interest and permanent welf"are of Merstan and Brennin will be served by granting shared legal and physical custody to Plaintiff and Defendant. W IER FORE, Plaints requests this Honorable court to enter a Decree dissolving the marriage between the Plaintiff and the Defendant, and granting them shared legal and physical custody of Kierstan Ann and Brennin Joshua Hugh. Respectfully submitted, Maryann Mbrphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. * 61ooo Attorney for Plaintiff I, JERILYN R. MULHOLLAND, verify that the statements made in the foregoing Complaint in Divorce 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 unworn falsification to authorities. g- to-d7 0-il'..'-?. Date JE L R MULHOLLAND E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant . No. ® ' Jh' Jtf 3 IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, JOSHUA J. MULHOLLAND, Defendant in the above-captioned case, do hereby depose and say that I personally received and accepted service of a true and correct copy of the Complaint in Divorce on the date written below. 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. Date J. MULHOLLAND r-? c-D 4 ' - C..) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant No. 07-5531 Civil Term IN DIVORCE/CUSTODY AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on September 19, 2007, I mailed the Complaint in Divorce by first class U. S. mail postage prepaid to Defendant, Joshua J. Mulholland, to the following address: Joshua J. Mulholland 212 West Keller Street Mechanicsburg, PA 17055 3. That Defendant, Joshua J. Mulholland, accepted service of the Complaint in Divorce and signed an Acceptance of Service dated September 26, 2007. The Acceptance of Service is attached hereto. i0 b a Date Maryann urphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 619oo Attorney for Plaintiff t:? ? '} f._ ? -i7 <'_- "-' ??' ? '' , i'?i e-- 1 ?? ??, ?.,; C+,? :-C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant No. 07-5531 Civil Term IN DIVORCE/CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER JERILYN R. MULHOLLAND (hereinafter referred to as "MOTHER"), and JOSHUA J. MULHOLLAND (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve the matter of custody with respect to Kierstan Ann Mulholland, born March 1, 1999 and Brennin Joshua Hugh Mulholland, born February 25, 2005, the minor children involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of Kierstan and Brennin as follows: 1. The parents agree to share legal custody of Kierstan and Brennin. The parents agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her children that could reasonably be expected to be of concern to the other. Each parent shall provide reasonable notice to the other parent of all events, school activities, other activities, conferences, medical and other appointments so that the other parent may choose to attend and provide input. In addition, the parents agree that they both have an obligation to request information and ask questions regarding the children's events, school activities, other activities, conferences, medical and other appointments. Both parents shall be listed as the children's emergency contacts with daycare, schools, and health professionals. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Both parents shall notify the other anytime either child sees a doctor, dentist, optometrist, mental health professional, any other health professional, or is hospitalized. Neither parent shall administer psychotropic drugs, defined as any drug capable of affecting the mind, emotions, and behavior, to either child without the written consent of the other parent. If a physician recommends that either child be prescribed psychotropic drugs, both parents shall consult with the physician before a decision is made. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents agree that they shall share physical custody of Kierstan and Brennin. MOTHER shall have the children every Wednesday and Thursday, and FATHER shall have the children every Monday and Tuesday. In addition, the parents agree to alternate weekends from Friday until Monday morning. The specific times shall be agreed upon between the parents. 3. MOTHER and FATHER agree that the parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 4. Holidays - The parents agree to the following schedule: a. Thanksgiving - The parents agree to alternate Thanksgiving each year from the Wednesday before Thanksgiving until Monday morning. MOTHER shall have Thanksgiving in 2007 and in all odd years thereafter, and FATHER shall have Thanksgiving in 2008 and in all even years thereafter. b. Christmas - The parents agree to share Christmas each year. In 2007 and in all odd years thereafter, FATHER shall have from 8: oo a.m. on Christmas Eve until 8:00 a.m. on Christmas Day, and MOTHER shall have from 8:0o a.m. on Christmas Day until 8:0o a.m. on December 26th. In 2008 and in all even years thereafter, MOTHER shall have from 8:0o a.m. on Christmas Eve until 8:0o a.m. on Christmas Day, and FATHER shall have from 8:0o a.m. on Christmas Day until 8:0o a.m. on December 26th. C. Easter - The parents agree to alternate Easter each year from the Saturday before Easter through Easter Sunday. In 2008 and in all even years thereafter, FATHER shall have Easter, and in 2009 and in all odd years thereafter, MOTHER shall have Easter. d. The parents agree that MOTHER shall have the children for Mother's Day from the Saturday before the holiday through Mother's Day; and FATHER shall have the children for Father's Day from the Saturday before the holiday through Father's Day. e. Memorial Day, the Fourth of July, Labor Day, Halloween - The parents agree to alternate these holidays each year. In odd numbered years, MOTHER shall have the children for Memorial Day and Labor Day and FATHER shall have the children for the Fourth of July and Trick or Treat. In even numbered years, FATHER shall have the children for Memorial Day and Labor Day and MOTHER shall have the children for the Fourth of July and Trick or Treat. f. MOTHER and FATHER agree that they shall both have the opportunity to see the minor children on their own birthdays and on the children's birthdays. g. The parents agree that the holiday schedule shall take precedence over the regular custody schedule. 5. Vacation - The parents agree that each shall have the children for one (1) uninterrupted week each year. A week shall be defined as seven (7) days. MOTHER and FATHER shall give each other at least thirty (3o) days written notice of their chosen week for vacation. In the event both parents choose the same week, the parent who gives first notice shall prevail. 6. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement. 7. The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 8. MOTHER and FATHER agree that neither of them shall schedule activities or events for the children during the other parent's time without written permission of the other parent. 9. The parents agree that each shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. lo. The parents agree that neither shall permanently relocate if the relocations would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children or exceed a twenty (20) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements. If it is not possible to amicably resolve this issue, the ninety (90) day notice will give the parents an opportunity to have the matter listed for a Court hearing. 11. Both parents agree to establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. The parents agree that communication should always take place directly between the parents, without using the children as intermediaries. 12. The parents agree that there has been no prior action by the Court related to the custody of the minor children. 13. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 14. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. y -g a'"7 Date R. MULHOLLAND Witness JERIL C A IA Oy. l C Date Witness JOS A J. MULHOLLAND K? t ^T? jZ i CAD J Wit= Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERILYN R. MULHOLLAND, Plaintiff : No. 07-5531 Civil Term V. JOSHUA J. MULHOLLAND, Defendant : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of Q c0??r , 2007, upon consideration of the attached Stipulation for Entry of Custody Order, IT IS HEREBY ORDERED AND DECREED that custody of Kierstan Ann Mulholland, born March 1, 1999, and Brennin Joshua Hugh Mulholland,, born February 25, 2005, shall be as follows: 1. The parents shall share legal custody of Kierstan and Brennin. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the 5 s :6 WV S 1 100 LOOZ MtCj,?i LCAUd 3Nl ?O • children. Neither parent shall attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her children that could reasonably be expected to be of concern to the other. Each parent shall provide reasonable notice to the other parent of all events, school activities, other activities, conferences, medical and other appointments so that the other parent may choose to attend and provide input. In addition, both parents have an obligation to request information and ask questions regarding the children's events, school activities, other activities, conferences, medical and other appointments. Both parents shall be listed as the children's emergency contacts with daycare, schools, and health professionals. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Both parents shall notify the other anytime either child sees a doctor, dentist, optometrist, mental health professional, any other health professional, or is hospitalized. Neither parent shall administer psychotropic drugs, defined as any drug capable of affecting the mind, emotions, and behavior, to either child without the written consent of the other parent. If a physician recommends that either child be prescribed psychotropic drugs, both parents shall consult with the physician before a decision is made. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents shall share physical custody of Kierstan and Brennin. MOTHER shall have the children every Wednesday and Thursday, and FATHER shall have the children every Monday and Tuesday. In addition, the parents shall alternate weekends from Friday until Monday morning. The specific times shall be agreed upon between the parents. 3. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 4. Holidays - The following shall be the holiday schedule: a. Thanksgiving - The parents shall alternate Thanksgiving each year from the Wednesday before Thanksgiving until Monday morning. MOTHER shall have Thanksgiving in 2007 and in all odd years thereafter, and FATHER shall have Thanksgiving in 2008 and in all even years thereafter. b. Christmas - The parents shall share Christmas each year. In 2007 and in all odd years thereafter, FATHER shall have from 8:0o a.m. on Christmas Eve until 8:00 a.m. on Christmas Day, and MOTHER shall have from 8:0o a.m. on Christmas Day until 8:0o a.m. on December 26th. In 20o8 and in all even years thereafter, MOTHER shall have from 8:0o a.m. on Christmas Eve until 8:0o a.m. on Christmas Day, and FATHER shall have from 8:0o a.m. on Christmas Day until 8:0o a.m. on December 26th. C. Easter - The parents shall alternate Easter each year from the Saturday before Easter through Easter Sunday. In 2008 and in all even years thereafter, FATHER shall have Easter, and in 2009 and in all odd years thereafter, MOTHER shall have Easter. d. MOTHER shall have the children for Mother's Day from the Saturday before the holiday through Mother's Day; and FATHER shall have the children for Father's Day from the Saturday before the holiday through Father's Day. e. Memorial Day, the Fourth of July, Labor Day, Halloween - The parents shall alternate these holidays each year. In odd numbered years, MOTHER shall have the children for Memorial Day and Labor Day and FATHER shall have the children for the Fourth of July and Trick or Treat. In even numbered years, FATHER shall have the children for Memorial Day and Labor Day and MOTHER shall have the children for the Fourth of July and Trick or Treat. f. MOTHER and FATHER shall both have the opportunity to see the minor children on their own birthdays and on the children's birthdays. g. The holiday schedule shall take precedence over the regular custody schedule. 5. Vacation - The parents shall each have the children for one (i) uninterrupted week each year. A week shall be defined as seven (7) days. MOTHER and FATHER shall give each other at least thirty (30) days written notice of their chosen week for vacation. In the event both parents choose the same week, the parent who gives first notice shall prevail. 6. This custody schedule can be altered or modified by mutual agreement of the parents. 7. The parents shall permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 8. Neither parent shall schedule activities or events for the children during the other parent's time without written permission of the other parent. g. Both parents shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. lo. Neither parent shall permanently relocate if the relocations would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children or exceed a twenty (20) mile radius without a minimum notice of ninety (go) days to the other parent. The ninety (go) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements. If it is not possible to amicably resolve this issue, the ninety (go) day notice will give the parents an opportunity to have the matter listed for a Court hearing. ii. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. Communication should always take place directly between the parents, without using the children as intermediaries. 12. There has been no prior action by the Court related to the custody of the minor children. 13. This Order shall replace and supersede any and all prior Custody Orders and shall remain in full force and effect pending further Order of Court. BY THE COURT: Distribution: Fo Plaintiff: Xaryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 Defendant: ua A. Mulholland V00s, 212 West Keller Street Mechanicsburg, PA 17055 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant No. 07-5531 Petition for Modification 1. Petitioner is Defendant, JOSHUA J. MULHOLLAND, who currently resides at 212 W. Keller Street, Mechanicsburg, Cumberland County, PA 17055. 2. Respondent is Plaintiff, JERILYN R. MULHOLLAND, who currently resides at 612 Heritage Court, Mechanicsburg, Cumberland County, PA 17050. 3. Petitioner and Respondent are the natural parents of the following children: Name Age KIERSTAN A. MULHOLLAND 9 years BRENNIN J. MULHOLLAND 3 years 4. A custody order was entered on 15 October 2007, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Petitioner seeks to modify the custody order because: a. After 9 months under the current custody order the children are still having difficulty adjusting to the arrangements. b. To provide a more consistent schedule, that does not have a physical custody changeover in the middle of the week during the children's schooling. c. Daycare and its expense are not needed by the petitioner for Brennin or Kierstan as more suitable arrangements by individuals with a vested interest are available. d. To promote a more harmonious and stable 50150 shared custody environment for the children. Petition for Modification Page 3 of 8 e. Changes in the petitioners place of employment has changed thus his work schedule has changed and is not compatible with the current custody order. f. A pending change in residence of petitioner is inevitable and within 30 miles of current residence, thus still allowing for a fair and equitable 50150 custody order. 6. Petitioner believes the custody order should be changed as follows: 1. LEGAL CUSTODY: The parties shall share joint legal custody of their minor Children: Kierstan Ann Mulholland, DOB March 01, 1999; and, Brennin Joshua Hugh Mulholland, DOB February 25, 2005. The parties agree that major decisions affecting the Children's growth and development including, but not limited to: choice of medical treatment; dental treatment; education; actual or potential litigation involving the Children directly or as a beneficiary, other than custody litigation; and, any school-related extracurricular activities, shall be regarded as major decisions and shall be made by the parties jointly. If after reasonable consultation and good faith discussion with each other with the goal of said consultation and discussion directed towards obtaining and following a consistent, reasonable and harmonious policy in the Children's best interests, a decision cannot be agreed upon, Father will have final decision authority in all odd years and Mother in all even years, as a last resort when all lesser means have failed to provide a solution. In accordance with this paragraph, each parent shall: A. keep the other informed of the Children's educational progress, health status, social adjustments, and schedule of and involvement in general activities such as, but not limited to activities such as gymnastics, dance class, etc.; and, B. in a timely manner, communicate directly with the other concerning any parenting issue requiring consultation and agreement including, but not limited to any proposed modifications to the physical custody schedule as stated herein which, from time to time, may become necessary. In accordance with the provisions of this paragraph, the parents expressly agree not to use the Children as a messenger and neither parent shall discuss with the Children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing and reaching an agreement with the other parent. 2. GENERAL SUPPORT: Each party agrees to give support to the other in the role as parent and to take into account the opinions and consensus of the other for the physical and emotional well-being of the Children. In accordance with the provisions and intention of this paragraph, each parent, specifically while in the presence of the Children, shall not make, nor shall permit any other person to make, to the extent reasonably possible, any remarks or perform any act that could in any way be construed as derogatory or uncomplimentary of the other parent. In accordance with the provisions of this paragraph, it shall be the express duty of each parent to uphold the other parent as one whom the Children should respect and love. 3. COMMUNICATION BETWEEN PARENTS: All communication concerning the children shall be conducted between the parents themselves in person, via email or by telephone, at their residences, and not at their places of employment unless it is an emergency. The parties shall contact each other directly and not communicate through third parties. 4. AVAILABILITY IN ACCORDANCE WITH SCHEDULE: It shall be the express obligation of each party to make the Children available to the other in accordance with the physical custody schedule as stated herein. 5. DUTY TO NOTIFY: Each party shall have the express duty to notify the other of any emergency event or activity that could reasonably be of significant concern to the other parent. Petition for Modification Page 4 of 8 6. EMERGENCY: In the event that an emergency decision must be made, the party with whom the Children is physically residing shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, nothing in this paragraph shall exempt the deciding parent from a duty to inform the other of the emergency and consult with him/her as soon as possible. 7. ROUTINE DECISIONS: Day-to-day decisions of a routine nature and not otherwise considered as major decisions or emergency decisions addressed in Paragraphs 1, 1(a), 1(b) and 7, respectively, shall be the responsibility of the parent having physical custody at the time. 8. DISCLOSURE OF INFORMATION: The parties expressly agree that, in accordance with 23 Pa.C.S.A. §5309, each parent shall be entitled to complete and full information from any doctor, dentist, or other medical personnel, teacher, and any other authority, and have copies of all reports given to them as a parent. Such documents include, but are not limited to, medical evaluations and reports, academic general progress reports, academic report cards, birth certificate, etc. In accordance with the provisions of this paragraph, each parent shall have the express right to attend school conferences, meetings and activities. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Children's schools, physicians, psychologists, or other individuals concerning the Children's progress and welfare. Both parents' names shall be listed with any school as to be contacted in the event of any emergency and to be notified regarding school events. However, nothing in this paragraph shall excuse one parent from his/her duty to provide the other parent with timely copies of report cards and notification of school conferences and events. Additionally, each agrees to provide the other with timely copies of any school photographs of minor Children within seven (07) days of receiving such photographs, or, in the alternative, timely notice of the opportunity to order copies of such photographs with said order being submitted with the other parent's order. 9. CONFLICTS OF SCHEDULE: Neither parent shall schedule any activity or appointment for the Children which would require the Children's attendance or participation at said activity or appointment during such time when the Children is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. PHYSICAL CUSTODY: Father and Mother shall equally share physical custody of the Children pursuant to the following schedule: A. Custody: . MOTHER and FATHER will alternate custody of Brennin and Kierstan Mulholland on an every two week basis. Two weeks being defined as Sunday at 6PM for fourteen days time, to Sunday at 6PM. B. Holidays: The following holidays shall be the enumerated holidays for purposes of physical custody: Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. 1. Beginning 2008, and on all following even-numbered years, Mother shall have physical custody of the Children on Easter, Memorial Day, and Thanksgiving. Father shall have physical custody during these holidays on all odd-numbered years. 2. Beginning 2008, and on all following even-numbered years, Father shall have physical custody of the Children on July 4th and Labor Day. Mother shall have physical custody during these holidays on all odd-numbered years. C. Christmas: Christmas, in even-numbered years Father shall have the Children for Segment A (first half of school recess until 2:00 p.m. on December 25th, Christmas Day) of the Christmas-New Year's holiday and Mother shall have the Children for Segment B (the second half of the school recess). Major gifts should be discussed and coordinated between the parents. D. Mother's/ Father's Day: Mother shall have physical custody of the Children on Mother's Day irrespective of any other provision relating to custody contained herein. Father Petition for Modification Page 5 of 8 shall have physical custody of the Children on Father's Day irrespective of any other provision relating to custody contained herein. E. Mother's / Father's Birthdays: Father shall have exclusive physical custody of the Children on Father's birthday and Mother shall have exclusive physical custody of Children on Mother's birthday. Nothing contained in any Paragraph in this Agreement shall entitle either parent to intrude or participate in the other's birthday custody unless agreed upon by Mother and Father in writing. F. Children's Birthdays: The parent whose custody period covers either of the Children's birthdays may choose to hold a birthday event for the child and is encouraged to allow the other parent to participate in the event. If no event is planned, the parents agree to develop a good-faith based opportunity for each other to participate with the child on the child's birthday. G. Summer Vacation: During the Children's summer vacation [as defined supra], Mother and Father will have the children continuing the every two weeks schedule as defined in section 10:A, thus eliminating the need to outline a summer vacation schedule. H. Non-Interruption: The parent with whom the children reside during the week or whom has physical custody at the time shall not schedule any events or activities for the children during the time that the other parent is scheduled to exercise visitation. The other parent's visitation is a priority and shall not be unilaterally denied by the custodial parent. Changes must be mutually agreed upon by the parties in writing and signed by both parties. 11. COMMUNICATION WITH CHILDREN: A. Mother and Father agree that telephone calls between parents and children shall be liberally permitted at reasonable hours regardless of which parent is exercising physical custody rights and at the expense of the calling parent. The parties agree that the Children also may call either parent, at reasonable hours and frequencies, and at the cost of the parent called if it is a long distance call and both parties agree to provide regular, reasonable and uninterrupted telephone or e-mail communication with the Children to the non-custodial parent. B. During long vacations the parent with whom the children are on vacation should make the children available for reasonable telephone calls. At all times, the custodial parent shall not refuse to answer the phone, turn off the phone, or in any other manner deny the non-custodial parent reasonable telephone contact. If a parent uses an answering machine, voice mail or answering service, messages left for the children should be returned. Mother and Father shall agree on a specific time for calls to the children so that the children will be made available. C. Mother and Father mutually agree that each has an unrestricted right to send cards, letters, CDs and packages to their children. The children also have the same right to send items to their parents. Neither parent shall interfere with this right. If the children and parents have internet capability, communication through e-mail should be fostered and encouraged. 12. ADDITIONAL VISITATION TIME: Nothing in this document shall prevent the parties from agreeing to and providing for additional visitation time with the minor Children; however, any additional visitation time so agreed upon by the parties shall not be construed as to allow for any future reduction of visitation as provided by this agreement, and all additional visitation agreements shall be in writing and signed by both parties. 13. TOBACCO AND ALCOHOL PRODUCTS: Neither party shall smoke cigarettes in their respective home or vehicle during any period of custody of the Children, nor shall they possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication as defined in 18 Pa.C.S.A. 3731. Mother and Father shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. Petition for Modification Page 6 of 8 14. AMENDMENTS 1 MODIFICATION / WAIVER TO CUSTODIAL PERIODS: A modification or waiver of any of the provisions of this Agreement shall be effective when and only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. The periods of custody may be changed by the parties in writing with both parties' consent. 15. CHANGES IN RESIDENCE: Until the children reach the age of eighteen (18), both parties shall provide written notice of an intent to change their residence no less than thirty (30) days prior to the move, provided said residence change is less than 50-mile radius of the present residence. If such residence relocation exceeds a 50-mile radius, or is to out-of-state, the moving parent shall provide no less than sixty (60) days written notice to the other parent. 16. TAXES: The parties agree that Mother shall claim both children for tax purposes in even- numbered years and Father shall claim both children for tax purposes in odd-numbered years. The parties agree to execute any document necessary to effectuate this provision. 17. TRANSPORTATION: The parent obtaining physical custody for any specific period shall be responsible for picking-up the children for that custodial period. WHEREFORE, Petitioner respectfully requests that this Court modify the Order as requested. Date: Z'_0 ?_e_ 3 JOS HOLLAND, Defendant Verification I, JOSHUA J. MULHOLLAND, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unsworn falsification to authorities. Date?Ty,.,,a 's _ Zzo==? JOS . MULHOLLAND, Defendant Petition for Modification Page 7 of 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant No. o7-5531 Civil Term IN DIVORCE/CUSTODY JERILYN R. MULHOLLAND (hereinafter referred to as "MOTHER"), and JOSHUA J. MULHOLLAND (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve the matter of custody with respect to Kierstan Ann Mulholland, born March i, t999 and Brennin Joshua Hugh Mulholland, born February 25, 2005, the minor children involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of Kierstan and Brennin as follows: i. The parents agree to share legal custody of Kierstan and Brennin. The parents agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the children. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her children that could reasonably be expected to be of concern to the other. Each parent shall provide reasonable notice to the other parent of all events, school activities, other activities, conferences, medical and other appointments so that the other parent may choose to attend and provide input. In addition, the parents agree that they both have an obligation to request information and ask questions regarding the children's events, school activities, other activities, conferences, medical and other appointments. Both parents shall be listed as the children's emergency contacts with daycare, schools, and health professionals. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Both parents shall notify the other anytime either child sees a doctor, dentist, optometrist, mental health professional, any other health professional, or is hospitalized. Neither parent shall administer psychotropic drugs, defined as any drug capable of affecting the mind, emotions, and behavior, to either child without the written consent of the other parent. If a physician recommends that either child be prescribed psychotropic drugs, both parents shall consult with the physician before a decision is made. In accordance with 23 Pa.C.S.A. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents agree that they shall share physical custody of YGerstan and Brennin. MOTHER shall have the children every Wednesday and Thursday, and FATHER shall have the children every Monday and Tuesday. In addition, the parents agree to alternate weekends from Friday until Monday morning. The specific times shall be agreed upon between the parents. 3. MOTHER and FATHER agree that the parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 4. Holidays - The parents agree to the following schedule: a. Thanksgiving - The parents agree to alternate Thanksgiving each year from the Wednesday before Thanksgiving until Monday morning. MOTHER shall have Thanksgiving in 2007 and in all odd years thereafter, and FATHER shall have Thanksgiving in 2008 and in all even years thereafter. b. Christmas -The parents agree to share Christmas each year. In 2007 and in all odd years thereafter, FATHER shall have from 8: oo a.m. on Christmas Eve until 8:oo a.m. on Christmas Day, and MOTHER shall have from 8:oo a.m. on Christmas Day until 8:oo a.m. on December 26a'. In 2oo8 and in all even years thereafter, MOTHER shall have from 8:oo a.m. on Christmas Eve until 8:oo a.m. on Christmas Day, and FATHER shall have from 8:oo a.m. on Christmas Day until 8:oo a.m. on December 26th. c. Easter - The parents agree to alternate Easter each year from the Saturday before Easter through Easter Sunday. In 2oo8 and in all even years thereafter, FATHER shall have Easter, and in 2oog and in all odd years thereafter, MOTHER shall have Easter. d. The parents agree that MOTHER shall have the children for Mother's Day from the Saturday before the holiday through Mother's Day; and FATHER shall have the children for Father's Day from the Saturday before the holiday through Father's Day. e. Memorial Day, the Fourth of July, Labor Day, Halloween - The parents agree to alternate these holidays each year. In odd numbered years, MOTHER shall have the children for Memorial Day and Labor Day and FATHER shall have the children for the Fourth of July and Trick or Treat. In even numbered years, FATHER shall have the children for Memorial Day and Labor Day and MOTHER shall have the children for the Fourth of July and Trick or Treat. f. MOTHER and FATHER agree that they shall both have the opportunity to see the minor children on their own birthdays and on the children's birthdays. g. The parents agree that the holiday schedule shall take precedence over the regular custody schedule. S. Vacation - The parents agree that each shall have the children for one (1) uninterrupted week each year. A week shall be defined as seven (7) days. MOTHER and FATHER shall give each other at least thirty (3o) days written notice of their chosen week for vacation. In the event both parents choose the same week, the parent who gives first notice shall prevail. 6. MOTHER and FATHER agree that this custody schedule can be altered or modified by their mutual agreement. 7- The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 8. MOTHER and FATHER agree that neither of them shall schedule activities or events for the children during the other parent's time without written permission of the other parent. 9. The parents agree that each shall be entitled to reasonable telephone contact with the children when in the custody of the other parent. io. The parents agree that neither shall permanently relocate if the relocations would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children or exceed a twenty (20) mile radius without a minimum notice of ninety (9o) days to the other parent. The ninety (go) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements. If it is not possible to amicably resolve this issue, the ninety (9o) day notice will give the parents an opportunity to have the matter listed for a Court hearing. ii. Both parents agree to establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. The parents agree that communication should always take place directly between the parents, without using the children as intermediaries. 12. The parents agree that there has been no prior action by the Court related to the custody of the minor children. 13. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. 14. The parents hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders and shall remain in full force and effect pending further Order of Court. IN WnNTsSS WHEREOF, the parties have executed this Stipulation for Entry of a Custody Order on the date indicated below. q z 0-7 Date Witness R. MULHOLLAND JERIL 190-7 Witness JOSHUA J. Date MULHOLLAND 6 J W1smaar Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW JERILYN R. MULHOLLAND, plaintiff v. JOSHUA J. MULHOLLAND, Defendant :No. o7-5531 Civil Term IN DIVORCE/CUSTODY tt AND NOW, this I th day of Q Lk t 1 Lr -,20070 upon consideration of the attached Stipulation for Entry of Custody order, IT IS HEREBY ORDERED AND DECREED that custody of Kierstan Ann MulhoIIand, born March 1, 1.999, and Brennin Joshua Hugh Mulholland, , born February 25, 2005, shall be as follows: i. The parents shall share legal custody of Kierstan and Brennin. Major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following an harmonious policy in the children's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the children. Neither parent shall attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her children that could reasonably be expected to be of concern to the other. Each parent shall provide reasonable notice to the other parent of all events, school activities, other activities, conferences, medical and other appointments so that the other parent may choose to attend and provide input. In addition, both parents have an obligation to request information and ask questions regarding the children's events, school activities, other activities, conferences, medical and other appointments. Both parents shall be listed as the children's emergency contacts with daycare, schools, and health professionals. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Both parents shall notify the other anytime either child sees a doctor, dentist, optometrist, mental health professional, any other health professional, or is hospitalized. Neither parent shall administer psychotropic drugs, defined as any drug capable of affecting the mind, emotions, and behavior, to either child without the written consent of the other parent. If a physician recommends that either child be prescribed psychotropic drugs, both parents shall consult with the physician before a decision is made. In accordance with 23 Pa.C.SJL Section 53og, each parent shall be entitled to complete r and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. The parents shall share physical custody of IZierstan and Brennin. MOTHER shall have the children every Wednesday and Thursday, and FATHER shall have the children every Monday and Tuesday. In addition, the parents shall alternate weekends from Friday until Monday morning. The specific times shall be agreed upon between the parents. 3. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 4. Holidays - The following shall be the holiday schedule: a. Thanksgiving - The parents shall alternate Thanksgiving each year from the Wednesday before Thanksgiving until Monday morning. MOTHER shall have Thanksgiving in 2007 and in all odd years thereafter, and FATHER shall have Thanksgiving in 2008 and in all even years thereafter. b. Christmas - The parents shall share Christmas each year. In 2007 and in all odd years thereafter, FATHER shall have from 8:0o a.m. on Christmas Eve until 8:00 a.m. on Christmas Day, and MOTHER shall have from 8:0o a.m. on Christmas Day until 8: oo a.m. on December 26th. In 2oo8 and in all even years thereafter, MOTHER shall have from 8:0o a.m. on Christmas Eve until 8:0o a.m. on Christmas Day, and FATHER shall have from 8:0o a.m. on Christmas Day until 8:0o a.m. on December 26th. c. Easter - The parents shall alternate Easter each year from the Saturday before Easter through Easter Sunday. In 2008 and in all even years thereafter, FATHER shall have Easter, and in 2009 and in all odd years thereafter, MOTHER shall have Easter. d. MOTHER shall have the children for Mother's Day from the Saturday before the holiday through Mother's Day; and FATHER shall have the children for Father's Day from the Saturday before the holiday through Father's Day. e. Memorial Day, the Fourth of July, Labor Day, Halloween - The parents shall alternate these holidays each year. In odd numbered years, MOTHER shall have the children for Memorial Day and Labor Day and FATHER shall have the children for the Fourth of July and Trick or Treat. In even numbered years, FATHER shall have the children for Memorial Day and Labor Day and MOTHER shall have the children for the Fourth of July and Trick or Treat. f. MOTHER and FATHER shall both have the opportunity to see the minor children on their own birthdays and on the children's birthdays. g. The holiday schedule shall take precedence over the regular custody schedule. 5. Vacation - The parents shall each have the children for one (i) uninterrupted week each year. A week shall be defined as seven (7) days. MOTHER and FATHER shall give each other at least thirty (30) days written notice of their chosen week for vacation. In the event both parents choose the same week, the parent who gives first notice shall prevail. 6. This custody schedule can be altered or modified by mutual agreement of the parents. 7. The parents shall permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the routine schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular schedule. 8. Neither parent shall schedule activities or events for the children during the other parent's time without written permission of the other parent. 9. Both parents shall be entitled to reasonable telephone contact with the children when in the custody of the other parent io. Neither parent shall permanently relocate if the relocations would necessitate a change in the regular schedule or if the relocation would result in a change of school for the children or exceed a twenty (20) mile radius without a minimum notice of ninety (9o) days to the other parent. The ninety (9o) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements. If it is not possible to amicably resolve this issue, the ninety (9o) day notice will give the parents an opportunity to have the matter listed for a Court hearing. u. Both parents shall establish a no-conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and, to the extent possible, shall not permit third parties from making such comments in the presence of the children. Each parent shall speak respectfully of the other. Communication should always take place directly between the parents, without using the children as intermediaries. 12. There has been no prior action by the Court related to the custody of the minor children. 13. This Order shall replace and supersede any and all prior Custody Orders and shall remain in frill force and effect pending further Order of Court. BY THE COURT: J .M Fo Plaintiff: uyann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 Fo Defendant: hua A. Mulholland 212 West Keller Street Mechanicsburg, PA 17055 JERILYN R. MULHOLLAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-5531 CIVIL ACTION LAW JOSHUA J. MULHOLLAND IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, June 10, 2008 , 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 Thursday, July 03, 2008 at 9:30 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. 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/ John J Mangan, Jr., 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 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 9 . d i 1 (1?' BOOT x8vla?aruOa3 3H, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION -LAW JERILYN R. MULHOLLAND, Plaintiff V. :No. 07-5531 Civil Term IN DIVORCE/CUSTODY JOSHUA J. MULHOLLAND, Defendant PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw my appearance as counsel for Plaintiff in the above action. Respectfully submitted: *VW44A41"'-' Maryan Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel for Plaintiff in the above action. Respectfully submitted: 4nda A. Clotfelter, Esquir 1 021 E. Trindle Road Suite ioo Mechanicsburg, PA 17050 7A10 C-11-7) 7 aI,- 11.1-0 N m a C AUG U 4 Md 5 JERILYN R. MULHOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-5531 CIVIL ACTION LAW JOSHUA J. MULHOLLAND, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT ?h AND NOW this day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders in this matter are hereby VACATED. 2. Legal Custody: The Father, Joshua Mulholland, and the Mother, Jerilyn Mulholland, shall have shared legal custody of Kierstan Mulholland, born 03/01/1999 and Brennin Mulholland, born 02/25/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 3. Physical Custody: Mother and Father shall share physical custody of the Children subject to a repeating week on/off schedule as follows: a. Commencing Friday August 1, 2008, Mother shall have physical custody of the Children on Friday at 6:00 pm until the following Friday at 6:00 pm. b. Commencing August 8, 2008 Father shall have physical custody of the Children on Friday at 6:00 pm until the following Friday at 6:00 pm. C. The custody exchanges shall occur at the Wal-Mart parking lot in Silver Springs absent mutual agreement otherwise. 4. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. Both parents are directed to adequately supervise the Children while the Children are in their care to ensure the Children's well-being and safety. 6. The custodial parent, or their representative, shall use appropriate safety restraints when transporting the Children. 7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The holiday schedule shall take precedence over the regular physical custody schedule. 9. Each parent shall have one week (seven days, whether it is consecutive or not) of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 12. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. It is specifically understood that both parents shall seek appropriate medical treatment for the Children. The parents shall also provide medications to the Children as prescribed or recommended by the Children's treating physician. 13. 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. 14. Neither parent shall permanently relocate if the relocation would necessitate a change in the regular schedule or if the relocation would result in a change of school for the Children or exceed a twenty (20) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements. If it is not possible to amicably resolve the issue, the ninety (90) day notice will give the parents an opportunity to have the matter listed for a Court hearing. 15. 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. By the Court, '%? A ?-a Distribution: .,E'i a Clotfelter, Esquire J6s ua Mulholland, 212 West Keller Street, Mechanicsburg, PA 17055 Jd6hn J. Mangan, Esquire V 1' may{ f 3?°i`1 ^I€J HOLIDAYS AND ITMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter From Friday 6 pm before Easter until Father Mother Sunda 6 m Memorial Da From 9 am until 9 m Father Mother Independence Da From 9 am until 9 m Mother Father Labor Da From 9 am until 9 m Father Mother Halloween From one hour before trick or Mother Father treating to one hour after trick or treating Thanksgiving From the Wednesday the day before Father Mother Thanksgiving until the following Monday morning Christmas 1 S Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2° Half From noon on 12/25 to noon on Father Mother 12/26 Mother's Day From the Saturday the day before Mother Mother until the evening on Mother's Da Father's Day From the Saturday the day before Father Father until the evening on Father's Da JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5531 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 2. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kierstan Ann Mulholland 03/01/1999 Shared Brennin Joshua Hugh Mulholland 02/25/2005 Shared 2. A Conciliation Conference was held with regard to this matter on July 11, 2008 with the following individuals in attendance: The Mother, Jerilyn Mulholland, with her counsel, Linda Clotfelter, Esq. The Father, Joshua Mulholland, pro se 3. The parties agreed to the entry of an Order in the form as attached. 4r Date J angan, Esqu' C tod Conciliator 0 JERILYN R. MULHOLLAND, Plaintiff V& JOSHUA J. MULHOLLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-5531 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed September 19, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit 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. Date: IT Ice A-. - A - 11M JE Y R. MULHOLLAND, Plaintiff ...?? t? -n .? ? ? r S zs ?' V ( 4 s < i S.9 °S" ?- ' ? ??... _ #^" ?"? 0 JERILYN R. MULHOLLAND, Plaintiff VS. JOSHUA J. MULHOLLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-5531 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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: ?? c,R ?1--J ) eA.. 01 ?y ? JE IL R. MULHOLLAND, Plaintiff .,o .11M b JERILYN R. MULHOLLAND, Plaintiff VS. JOSHUA J. MULHOLLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO.. 07-5531 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 19, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit 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. Date; ?-? J J. LHOLLAND, Defendant C? C3 4 J5. r ri L 1 4 JERILYN R. MULHOLLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 07-5531 JOSHUA J. MULHOLLAND, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301 (C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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 :?uc? Z;f--?n ?k J A J. LHOLLAND, Defendant i-f -r,m - _7? V JERILYN R. MULHOLLAND, Plaintiff VS. JOSHUA J. MULHOLLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 07-5531 : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on September 19, 2007. 3. Date and manner of Service of the Complaint: September 26, 2007, by Acceptance of Service filed on October 3, 2007. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on February 5, 2009, and filed on February 6, 2009. The Defendant's Affidavit of Consent was executed on February 5, 2009, and filed on February 6, 2009. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on February 5, 2009, and said waiver was filed on February 6, 2009. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on February 5, 2009, and said waiver was filed on February 6, 2009. 6. There are no related claims pending. Date: /01 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER da-A. Clotfelter, Esquir ttorney I.D. No. 72963 .41 5021 East Trindle Road, Si Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile -0 . ?+ =p4h -? pa% Y, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERILYN R. MULHOLLAND Plaintiff V. JOSHUA J. MULHOLLAND Defendant A/o, 0-7 -5-6-31 PETITION FOR MODIFICATION Petitioner is Defendant, JOSHUA J. MULHOLLAND, who currently resides at 7873 Appleby Road, Harrisburg, PA 17112. 2. Respondent is Plaintiff, JERILYN R. MULHOLLAND, who currently resides at 612 Heritage Court, Mechanicsburg, PA 17050. 3. Petitioner and Respondent are the natural parents of the following children: NAME AGE a. KIERSTAN A. MULHOLLAND 9 b. BRENNIN J. MULHOLLAND 3 4. Petitioner seeks to modify the Order of Court dated August 5 h, 2008 outlining custody of the children for reason set forth below: a. Petitioner will be relocating his permanent residence to the state of Arizona in lieu of full time employment. 5. Petitioner believes the Order of Court outlining custody should be changed as follows: a. Petitioner and Respondent will share Legal Custody of the children. b. Petitioner will have Partial Physical Custody of the children c. Respondent will have Primary Physical Custody of the children. i. Mother will have children from start to end of the school year. ii. Father will have the children all but two weeks of the summer. iii. Father will have one week during Christmas break. WHEREFORE, Petitioner respectfully requests that this Court modify the Order as requested. gg;?- DATE: 09 JOSH (.?4ULHOLLAND, Defendant VERIFICATION I, JOSHUA J. MULHOLLAND, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. `4904 relating to unsworn falsification to authorities. DATE: A/V JO . MULHOLLAND, Defendant AUG U 4 ZU08 JERILYN R. MULHOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-5531 CIVIL ACTION LAW JOSHUA J. MULHOLLAND, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. 1h AND NOW this day of August 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders in this matter are hereby VACATED. 2. Legal Custody: The Father, Joshua Mulholland, and the Mother, Jerilyn Mulholland, shall have shared legal custody of Kierstan Mulholland, born 03/01/1999 and Brennin Mulholland, born 02/25/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 P&C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 3. Phy i: Mother and Father shall share physical custody of the Children subject to a repeating week on/off schedule as follows: a. Commencing Friday August 1, 2008, Mother shall have physical custody of the Children on Friday at 6:00 pm until the following Friday at 6:00 pm. b. Commencing August 8, 2008 Father shall have physical custody of the Children on Friday at 6:00 pm until the following Friday at 6:00 pm. C. The custody exchanges shall occur at the Wal-Mart parking lot in Silver Springs absent mutual agreement otherwise. 4. Counseling: The parties are directed to engage in therapeutic family counseling with a mutually-agreed upon professional. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. Both parents are directed to adequately supervise the Children while the Children are in their care to ensure the Children's well-being and safety. 6. The custodial parent, or their representative, shall use appropriate safety restraints when transporting the Children. 7. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 8. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The holiday schedule shall take precedence over the regular physical custody schedule. 9. Each parent shall have one week (seven days, whether it is consecutive or not) of vacation with the Children per year. The requesting parent shall give the other parent 30 days' advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 10. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 12. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. It is specifically understood that both parents shall seek appropriate medical treatment for the Children. The parents shall also provide medications to the Children as prescribed or recommended by the Children's treating physician. 13. 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. 14. Neither parent shall permanently relocate if the relocation would necessitate a change in the regular schedule or if the relocation would result in a change of school for the Children or exceed a twenty (20) mile radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangements. If it is not possible to amicably resolve the issue, the ninety (90) day notice will give the parents an opportunity to have the matter listed for a Court hearing. 15. 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. By the Court, r%?A U4V 1 J. Distribution: Clotfelter, Esquire d6shim Mulholland, 212 West Keller Street, Mechanicsburg, PA 17055 J. Manon, Esquire 4 HOLIDAYS AND Tmm EVEN ODD SPEC X DAYS YEARS YEARS Easter From Friday 6 pm before Easter until Father Mother Sunda 6 m Memorial Da From 9 am until 9 m Father Mother a Da From 9 am until 9 m Mother Father Labor Da From 9 am until 9 Father Mother Halloween From one hour before trick or Mother Father treating to one hour after trick or Thanksgiving From the Wednesday the day before Father Mother Thanksgiving until the following Monde morning Christmas 1 Half From noon on 12/24 to noon on Mother Father 12/25 Christmas 2 Half From noon on 12/25 to noon on Father Mother 12/26 Mother's Day From the Saturday the day before Mother Mother until the evening on Mother's Da Father's Day From the Saturday the day before Father Father until the evening on Father's Da `??;? r.,, ?-: ?? T ?+}.? ? 7 !?- ? ? gP ? ....) ? ? ? ? /P? Y _ ? `` `^? ?* ' , 1 -?c" j?l ? y }. y •'^+. V'ik i ? ? \ JERILYN R. MULHOLLAND V. JOSHUA J. MULHOLLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5531 DIVORCE DECREE AND NOW, Jt:6\)oxjj g , it is ordered and decreed that JERILYN R. MULHOLLAND , plaintiff, and JOSHUA J. MULHOLLAND , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Attest: J. Prothonotary W??w i"? ?? JERILYN R. MULHOLLAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-5531 CIVIL ACTION LAW JOSHUA J. MULHOLLAND IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 27, 2009 , 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 Friday, April 03, 2009 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ John,j. Mangan, A, Es . I.AJ_ 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 ;? L Z 933'00Z I V APR 13 ZON JERILYN R. MULHOLLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-5531 CIVIL ACTION LAW JOSHUA J. MULHOLLAND, IN CUSTODY Defendant Prior Judge: M. L. Ebert, Jr., J. ORDER OF COURT AND NOW this 1k day of April 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: The prior Order of Court dated August 5, 2008 shall remain in full force and effect until May 1, 2009; thereafter, all prior Orders are VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Joshua Mulholland, and the Mother, Jerilyn Mulholland, shall have shared legal custody of Kierstan Mulholland, born 03/01/1999 and Brennin Mulholland, born 02/25/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's partial physical custody as follows: a. For summer 2009, Father shall have physical custody of the Children from June 29, 2009 until August 17, 2009. In subsequent years, Father shall have physical custody of the Children every summer from two and a half weeks after the last day of school until one and a half weeks before school begins. b. Father shall have physical custody of the Children every Christmas break for a period of five (5) days, the exact days by agreement of the parties. The parents shall agree on the exact days by November 15 of each year so that arrangements may be made. C. Father shall have physical custody of the Children in all even years for their spring break for a period of five (5) days. The parents shall agree on the exact days forty five (45) days prior to the spring break. d. Father has agreed, and shall, provide the transportation arrangements and obligations to transport the Children to his residence. 4. Counseling: The parties have agreed, and are directed, to have counseling session(s) with Kierstan's counselor prior to Father's relocation to assuage any issues/concerns that Kierstan may have regarding Father's relocation. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 5. Both parents are directed to adequately supervise the Children while the Children are in their care to ensure the Children's well-being and safety. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Both parents shall provide appropriate living accommodations for the Children when the children are in their care. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. It is specifically directed that Mother shall not indicate that Father has "abandoned", or words to that effect, his Children. If the Children are in need of a better understanding of the change in circumstances with Father relocating, Mother is strongly encouraged to contact professional services to assist in the Children's emotional well-being. 9. In the event of a medical emergency, the custodial parry shall notify the other parties as soon as possible after the emergency is handled. It is specifically understood that both parents shall seek appropriate medical treatment for the Children. The parents shall also provide medications to the Children as prescribed or recommended by the Children's treating physician. 10. 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. 11. Right of first refusal: In the event that the parent whom is to have custody pursuant to this Order should require a care-taker/babysitter for the Children during said periods, i.e. summer breaks or holiday breaks, for five days or more, the parent that is supposed to have custody shall first offer said opportunity to the other parent. In the event Mother is in need of a care- taker for five days or more, Mother has agreed, and shall, provide the transportation obligations. 12. 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. By the Court, * A." ?k T ? a'?`?iv Distribution: Clotfelter, Esquire L' )Aa oshua Mulholland, 7873 Appleby Rd., Harrisburg, PA 17112 John J. Mangan, Esquire JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5531 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 2. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kierstan Ann Mulholland 03/01/1999 Shared Brennin Joshua Hugh Mulholland 02/25/2005 Shared 2. A Conciliation Conference was held with regard to this matter on July 11, 2008, an Order issued August 5, 2008 and a conciliation conference was held April 3, 2009 with the following individuals in attendance: The Mother, Jerilyn Mulholland, with her counsel, Linda Clotfelter, Esq. The Father, Joshua Mulholland, pro se 3. The parties agreed to the entry of an Order in the form as attached. Date Jo J. gan, Esquire C tod Conciliator JERILYN R MULHOLL : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 07-5531 CIVIL ACTION LAW JOSHUA J. MULHOLLANI~, IN CUSTODY ~~ o ~-; r Defendant ___ ;._. °`' -' t` -r Prior Judge: M. L. Ebert, Jr.~ J. ,~ .~.~ Conciliator: John J. Mangaq, Esquire ~ ~ `" _. w PET ~ ION TO MODIFY CUSTODY ORDER ~--- `~ . ~ ,. AND NOW, comes Petitioner, Jerilyn R Mulholland, by and through her counsel; Linda A. Clotfelter, who files this P~tition to Modify Custody Order and in support thereof states the following: 1. Petitioner is Jeri~yn R. Mulholland, (hereinafter "Mother"}, an adult individual who resides at 472 Waterleaf Court Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Joshua J. Mulholland, (hereinafter "Father"), an adult individual who resides at 3599 E. Calle Agassi~ Unit C, Vail, Arizona 85641. 3. The parties are the natural parents of two (2) Children namely Kierstan Mulholland, born 03/01/1999 and Brennin 1~Iulholland, born 02/25/2005, (hereinafter the "Children"). 4. The most recent custody order entered between the parties regarding the subject i children was executed by the I~onorable M. L. Ebert, Jr. on April 14, 2009, and it gives the parties shared legal custody with primary custody of the Children with Mother and partial custody to Father for seven (7) weeks in tie summer, five (5) days during the Christmas break each year and five (5) days during spring beak every other year. A true and correct copy of the Order is attached hereto as Exhibit "A" d is incorporated herein as if fully set forth. 5. Due to Father's epeated conduct in direct violation of the Order and the significant impact of those action on the h alth and welfare of the Children, Mother seeks a modified order of 7~ ~~ ~'~~ ~~i a~~ ~? court for custody reducing Father's custody periods and specifying terms to ensure the health and i welfare of the Children while i~ both parents' caze. 6. It is in the best"; interest of the Children to grant Mother's request to modify the Order for the following a. Father's of the Children suffered as a re: to have treated. which ultimatel once treatment hours before fi significant pain sought medical another day. Tl suffered burns, has at times lies to inform her d the other pazer Children to tele messages; and Brennin suffere wanted to telenl indicates a complete disregazd for the health and welfare While in Father's custody .this summer, both Children pit of significant medical crises that Father initially refused Kierstan suffered through the pain of dual eaz infections resulted in a ruptured eaz drum. To make matters worse, ~as sought, Father waited an additional twenty-four (24) ling the prescription for Kierstan. Brennin was also in for three (3) days with an infected tooth before Father xeatment, and Brennin's prescription too. was delayed for use aze not isolated incidents. In the past the Children have ails, and trauma to the head that went untreated. Father to Mother about the medical incidents and he often refuses spite specific terms in the Order that require disclosure to This past summer Father also refused to permit the phone their Mother; he does not give them their Mother's he repeatedly ignores Mother's call. In one instance, a significant fall that injured his head and back. Kierstan one her Mother, but Father refused to permit it. b. Father has also Lignored Mother's repeated requests for the medial records related to the Children's medical emergencies while in Father's caze. Unfortunately,~ s is consistent with Father's prior conduct in that regard as is his practice lof refusing to pay the outstanding medical bills for the Children's treat~ents. c. Father's alterna ive grooming beliefs aze harmful to the Children's health. Father does no use shampoo, toothpaste or soap nor does he permit the Children to use them while in his care. The Children do not bath or brush their teeth re azly and they aze required to weaz soiled clothing when staying with F ther. Mother believes that the inadequate grooming has directly contrib ed to the infections suffered by the Children and if it continues so wi the Children's health problems. d. Father's hous' g is inadequate for extended custody periods with the Children. His a bedroom mobile home must house eight people -six (6) children and tw (2) adults. Although the Children sleep on cots, at least one of them m t sleep in a common area with Father, his wife and two (2) babies. e. Mother has alw ys provided primary care for the Children since birth and she wishes to ntinue to do so as much as possible. She believes that if Father's custod periods occur locally for no more than two (2) weeks at one time, then a can be more accessible to the Children and their needs, especially durin~ medical emergencies. 7. For the reasons above, Mother seeks to modify the Order for Custody as follows: a. Order that Fathe 's custody periods occur in Pennsylvania no more then two (2) weeks between a end of the school yeaz and prior to two weeks of the beginning of the new sch 1 yeaz with the dates being jointly agreed upon no later than Mazch 31 ~ of each y . It will be incumbent on the Father to provide proposed dates by Mazch 1st of e h yeaz. b. Father shall hav physical custody of the Children every Christmas break for a period of five (5 days, the exact days by agreement of the parties. Father shall provide propo dates by October 1 ~` each yeaz and the pazents shall agree on the exact days by N vember 1. c. Father shall hav physical custody of the Children in all even years for their spring break for a peri of five (5) days. The pazents shall agree on the exact days forty five (60) days p 'or to the spring break with father notifying mother of proposed dates ninety (90 days prior to visitation period. d. As per the prior Order Father shall provide the transportation arrangements and obligations to port the Children for his custody periods. Father shall provide departure and re itineraries at a minimum of thirty (30) days prior to scheduled visitation. e. Both pazents az~ directed to adequately supervise the Children while the Children are in their cart o ensure the Children's well-being and safety. Both pazents shall provide name d contact information including address and telephone number of any person othe than pazent who will care for children for more than forty-eight (48) hours. Bo parents shall notify the other pazent of who will be caring for the children under rural circumstances if anyone other than parent. f. The non-cost parent shall have liberal telephone contact with the Children on a reasonable basi .The custodial parent is required to notify children of the non custodial paren attempt to contact the children within twenty-four (24) hours of the received cal .The custodial parent is required to contact the non-custodial pazent within enty-four (24) hours of receipt of initial call to respond to pazents request to speak with the children either acknowledging the request and providing children an op rtunity to speak to pazent or with explanation as to why the children are una le to phone for purposes of vacation, travel or out of country visitation and w en the children will be able to speak to non custodial parent. g. Both pazents sl provide appropriate living accommodations for the Children when the Chil n aze in their care including a separate appropriate sleeping place. h. Both pazents sha~il ensure that the children are properly groomed including the access to daily thing with bathing to be no less than every other day, proper dental hygiene ' cluding brushing twice daily, the wearing of clean clothing not previously wo without laundering and the access and usage of soap for hand washing, toothp a for teeth brushing and bathing soap including shampoo and conditioner. i. Both pazents s 1 supply age appropriate clothing, season appropriate clothing and sufficient quanti of clothing for each child to include clothing for no less than five (5) days of lothing to include under garments and outer garments during visitation. j. In the event of medical emergency, the custodial party shall notify the other parties as soon possible after the emergency is handled, and if possible, when the emergency pres is itself but no more than six (6) hours of the onset of the incident. It is s cifically understood that both pazents shall seek appropriate medical treatme t for the Children including medical, dental and vision treatment within forty-ei t (48) hours of the onset of symptoms of a medical condition. The parents shall als provide medications to the Children within two (2) to four (4) hours of the iss ce of the prescription and as prescribed or recommended by the Children's trea ' g physician. WHEREFORE, Petiti an Order of Court granting the physical custody as described Jerilyn Mulholland, respectfully requests that, the Court enter ies shazed legal custody, Mother primary custody, Father partial and terms specific to ensure the health and welfare of the Children. Respectfully submitted, Date: ~ ~ 0 10 LAW FIRM OF LINDA A. CLOTFELTER Li da A. Clotfelter, Esquire A rney ID No. 72963 1 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff JERILYN R. MULHOLI Plaintiff v. JOSHUA J. MULHOLL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5531 CIVIL ACTION LAW IN CUSTODY VERIFICATION I, JERILYN R. verify that the statements in the foregoing PETITON TO MODIFY CUSTODY ORDER are true and correct to the best of my knowledge, information and belief. I understand that false 4904, relating to unsworn Date: S~~o f l~ herein are made subject to the penalties of 18 Pa. C.S. § ion to authorities. J L R. MULHOLLAND, Petitioner APR 13 ZAP JERII,Yl~i R MULHOLLAND, Plaintiff v. JOSHUA J. MULHOLLAND, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N~. "07-5531 CIVIL ACTION LAW IN CUSTODY QRDER OF COURT AND NOW this . Conciliation Report, it is 1. The prior Order of Court 2009; thereafter, all prior 2. Legal Custody: The Fath have shared legal custody born 02/25/2005. The decisions affecting the Chi regarding their health, edw parent shall be entitled to a not limited to, medical, deg Children and of the other I or information, that parent parent within such reasons the other parent. 3. Physical Custody Moth Father's partial physical c a. For summ 29, 2009 un custody of t day of scha b. Father shall period of fi~ shall agree i may be mac c. Father shall spring breal days forty f d. Father has P obligations of Agril 2009, upon consideration of the attached Gtiistody Directed as follows: August 5, 2008 shall remain in full force and effect until May 1, s are VACATED and replaced with the instant Order. Joshua Mulholland, and the Mother, Jerilyn Mulholland, shall Kierstan Mulholland, born 03/01/1999 and Brenniaa Mulholland, s shall have an equal right to make all major non-emergency ren's general well-being including, but not limited to, ali decisions lion and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each records and information pertaining to the Children including, but ~l, religious or school records, the residence address of the rent. To the extent one parent has possession of any such records gall be required to share the same, or copies thereof, with the other !:e tune as to make the records and information of reasonable use to shall have primary physical custody of the Children subject to study as follows: 2009, Father shall have physical custody of the Children from June ~1 August 17, 2009. In subsequent years, Father shall have physical ~e Children every summer from two and a half weeks after the last -1 until one and a half weeks before school begins. have physical custody of the Children every Christmas break for a ~e (5) days, the exact days by agreement of the parties. The parents -n the exact days by November 15 of each yeaz so that arrangements save physical custody of the Children in all even years for their for a period of five (5) days. The parents shall agree on the exact ~e (45) days prior to the spring break. deed, and shall, provide the transportation arrangements and ~ transport the Children to his residence. 4. Counseling: The parties have agreed, and are directed, to have counseling session{s) with Kierstan's counselor prior ~o Father's relocation to assuage any issues/concerns that Kierstan ~~ A it ~.- ~. ~ b ~ ~ /t may have regarding Fath 's relocation. The cost of said counseling, after appropriate payment through insuran ,shall be split equally between the parties. S. Both parents are direct adequately supervise the Children while the Children are in their care to enswre the Chil 's well-being and safety. 6. The non-custodial parent have liberal telephone contact with the Children on a reasonable basis. 7. Both parents shall provide appropriate living accommodations for the Children when the Children are in their care. ; 8. Neither party may say or ~ estrange the Children froz party, or may.hamper the the other party. To the e: the other parent in the pre indicate that Father has "~ in need of a better unders~ is strongly encouraged to well-being. > anything nor permit a third party to do or say anything that may the other party, or injure the opinion of the Children as to the other ~ee and natural development of the Children's -love or affection for ent possible, both parties shall not allow third parties to disparage +nce of the Children. It is specifically directed that Mother shall not ~andoned", or words to that effect, his Children. If the Children are nding of the change in circumstances with Father relocating, Mother ontact professional services to assist in the Children's emotional 9. In the event of a medical ergency, the custodial party shall notify the other parties as soon as possible aiirer the emer cy is handled. It is specifically understood that both parents shall seek appropriate medical ent for the Children. The parents shall also provide medications to the Chil as prescribed or recommended by the Children's treating physician, ~ 10. During any periods of y or visitation, the parties shall not possess or use controlled substances or consume/be the influence of alcoholic beverages to the point of intoxication. The. parties likewise assure, to the extent possible, that other household members and/or house comply with this provision. 11. Right of Srst refusal: In ~ Order should require a ca breaks or holiday breaks, shall first offer said oppo; taker for five days or mop obligations. 12. This Order is entered pr the provisions of this O~ this Order shall control. TRUE CI~P'X ~~~~~ REGc•~~~ 1 h~r° ur,?a sit my ~ TQSti~nY ~vherzof, and ~e seal of CC urt at CartislQe, Pe. .L! ~ ~~ 1 day 1 of••; -~~ l~•.' event that the parent whore is to have custody pursuant to this takerlbabysitter for the Children during said periods, i.e. sunnmer r five days or more, the parent that is supposed to have custody pity to the other parent. In the event Mother is in need of a care- Mother has agreed, and shall, provide the transportation ant to a Custody Conciliation Conference. The parties may modify by mutual consent. In the absence of mutual consent, the teams of By the Court, J. i JERILYN R MULHOLLAI~D, Plaintiff v. i JOSHUA J. MULHOLL , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5531 CIVII~ ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, on this ID~'day of August, 2010, the undersigned hereby certifies that a true and correct copy of the foregoing PETITION TO MODIFY CUSTODY ORDER was served upon the opposing party by United Sates First Class Mail, postage prepaid, addressed as follows: I Joshua Mulholland 3599 E. Calle Agassiz Unit C ~ Vail, Arizona. 85641 i Respectfully submitted, i LAW FIRM OF LINDA A. CLOTFELTER I 1 S / I / ^ i , L' da A. Clotfelter, Esquu~e A rney ID No. 72963 021 East Trindle Road, Suite Mechanicsburg, PA 17050 j (717) 796-1930 telephone (717) 796-1933 facsimile i10 JERILYN R. MULHOLLAND PLAINTIFF V. JOSHUA J. MULHOLLAND DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2007-5531 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 16, 2010 , 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, September 21, 2010 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ john. Man r. Es q. 14 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., ~~ ?• ! / _ O e??.?,• Cumberland County Bar Association ' tYo ` ?- . 2 South Bedford Street pj+ '?'e•l arlisle, Pennsylvania 17013 _ 85-4 U1 D A) &*A, M-Ck? r Telephone (717) 249-3166 - -• w TMJ jAc4 `s ?` le • o lay. 'r n LOW, JERILYN R. MULHOLLAND, IN THE COURT OF COMMON PLEAS OF a Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-5531 CIVIL ACTION LAW JOSHUA J. MULHOLLAND, IN CUSTODY Defendant g,r ;-a i T F Prior Judge: M. L. Ebert, Jr., J. 70 C3 D ORDER OF COURT zn c.' o --4m AND NOW this O day of December 2010, upon consideration of the attat edrty us4y Conciliation Report, it is Ordered -11 and Directed as follows: _ Z7 -4' The prior Orders of Court are VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Joshua Mulholland, and the Mother, Jerilyn Mulholland, shall have shared legal custody of Kierstan Mulholland, born 03/01/1999 and Brennin Mulholland, born 02/25/2005. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their 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 Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. The custodial parent shall notify the other parent by telephone of all non- routine medical issues such as colds, flu or injury within six (6) hours of the occurrence and five (5) days following routine medical procedures such as check ups and exams. All medications shall be administered to the Child within two (2) to four (4) hours from the issuance of the prescription and/or medical instruction. The other parent shall also be provided with contact information for all medical care providers treating the Children within five (5) days of the treatment. Father shall also provide to Mother the contact information for the medical treatment providers utilized during the summer 2010 custody period and the provider in the Shippensburg/Carlisle area that treated Brennin during Father's 2009 custody period for the Christmas Holiday. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's partial physical custody as follows: a. Father shall have physical custody of the Children every summer from two and a half weeks after the last day of school until one and a half weeks before school begins. The parents shall agree on the exact dates for this period no later than sixty (60) days prior and it will be incumbent on the Father to provide proposed dates by March 1 st of each year. b. Father shall have physical custody of the Children every Christmas break for a period of five (5) days, the exact days by agreement of the parties. The parents shall agree on the exact days for this period no later than sixty (60) days prior so that arrangements may be made. Father shall provide proposed dates by October I" of each year. C. Father shall have physical custody of the Children in all even years, for their spring break for a period of five (5) days. The parents shall agree on the exact days sixty (60) days prior to the spring break with Father notifying Mother of the proposed dates ninety (90) days prior to the visitation period. d. Father has agreed, and shall, provide the transportation arrangements and obligations to transport the Children to his residence and shall pay baggage fees if necessary to ensure that the Children have sufficient clothing while in his care. Father shall provide departure and return itineraries at a minimum of thirty (30) days prior to the scheduled visitation. If the itineraries are not available thirty days prior to the start date of Father's custody period, Father shall provide the itineraries to Mother the day the dates become available. 4. Both parents are directed to adequately supervise the Children while the Children are in their care to ensure the Children's well-being and safety. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. The custodial parent is required to inform the Children of the non-custodial parent's attempt to contact the Children. The custodial parent is required to contact the non-custodial parent within 24 hours of receipt of the initial call to respond to the parent's request to speak with the Children either acknowledging the request and providing the Children an opportunity to speak with the parent or with an explanation as to why the Children are unable to speak by telephone and when the Children will be able to speak to the non-custodial parent.. Each parent must also provide the other parent with accurate contact information including, but not limited to, telephone numbers, addresses and employment information for emergencies. 6. Both parents shall provide appropriate living accommodations for the Children when the Children are in their care including an appropriate sleeping place that is as comfortable as possible for the Children. a. Both parents shall ensure that the Children are properly groomed including the access to daily bathing with bathing to be no less than every other day, proper dental hygiene including brushing twice per day, the wearing of clean clothing not previously worn without laundering and the access and usage of soap for hand washing, toothpaste for teeth brushing and bathing soap including shampoo and conditioner. b. Both parents shall supply both Children age-appropriate clothing, season-appropriate clothing and a sufficient quantity of clothing for each Child to include under garments and outer garments during visitation. c. Both parties shall ensure that Brennin shall utilize a booster seat until no longer necessary by law and they agree to follow the appropriate safety laws regarding Children being transported in the front seat of an automobile. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children and each party shall refrain from making public statements disparaging the other that the Children may see, such as on Facebook. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled if possible when an emergency presents itself but at a minimum of six (6) hours after the emergency is handled. It is specifically understood that both parents shall seek appropriate medical treatment for the Children including medical, dental and vision treatment within forty eight (48) hours of the onset of a medical condition. The parents shall also provide medications to the Children as prescribed or recommended by the Children's treating physician within an immediate time (2-4 hours) frame from the time the prescription is issued. 9. 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. 10. Right of first refusal: In the event that the parent whom is to have custody pursuant to this Order should require a care-taker/babysitter for the Children during said periods, i.e. summer breaks or holiday breaks, for five days or more, the parent that is supposed to have custody shall first offer said opportunity to the other parent. In the event Mother is in need of a care- taker for five days or more, Mother has agreed, and shall, provide the transportation obligations. 11. 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. By the Court, ?% I uvi, ,J. D' bution: in Clotfelter, Esquire oshua Mulholland, 3599 East Calle Agassiz Unit C, Vail AZ 85641 J. Mangan, Esquire is/Q/to f ? JERILYN R. MULHOLLAND, Plaintiff V. JOSHUA J. MULHOLLAND, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-5531 CIVIL, ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Kierstan Ann Mulholland 03/01/1999 Primary Mother Brennin Joshua Hugh Mulholland 02/25/2005 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 11, 2008, an Order issued August 5, 2008, a conciliation conference was held April 3, 2009, an Order issued April 14, 2009 and a conference was held October 22, 2010 with the following individuals in attendance: The Mother, Jerilyn Mulholland, with her counsel, Linda Clotfelter, Esq. The Father, Joshua Mulholland, pro se 3. The parties agreed to the entry of an Order in the form as attached.. Date John J. ng , Esquire Custod Con 'liator