Loading...
HomeMy WebLinkAbout04-0524DANNY P. ANDERSON, Plaintiff vs. JENNIFER L. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 200#- S Z 6/ _ Civil Term CIVIL ACTION - LAW CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this 3`d day of February 2004, comes the Plaintiff, Danny P. Anderson, by his attorney, Diane M. Dils, Esquire, and respectfully requests the following: 1. The Plaintiff is Danny P. Anderson, an adult individual currently residing at 6407 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Jennifer L. Anderson, is an adult individual currently residing at 2211 Harmony Hill Drive, Lancaster, Lancaster County, Pennsylvania 17601. 3. The Plaintiff and Defendant were previously married and as a result of said marriage, one child was born; namely: Valerie E. Anderson, born January 10, 1999. 4. On April 4, 2003, the parties entered into a Postnuptial Agreement and Mutual Release whereby they agreed that they would share physical custody of the minor child, fifty/fifty, with wife having physical custody every Monday, Tuesday, and Wednesday overnight, husband having physical custody every Friday, Saturday, and Sunday overnight and the Thursday overnights alternate on a weekly basis. 5. At the time of separation, the parties had been purchasing real estate located at 6001 Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, which the parties had purchased during the marriage with the intent that their children would attend the Cumberland Valley School District. A major decision as to which school district the children would attend was made by the parties during their marriage. 6. At the time of separation, the Defendant, Jennifer L. Anderson, vacated the marital home located in Mechanicsburg, Cumberland County, Pennsylvania, and thereafter moved to another location in Cumberland County, then to a home in Perry County, and subsequently to Lancaster County. The Defendant has moved, at least, three different times within Lancaster County since the beginning of 2003. 7. The Plaintiff, Danny P. Anderson, continued to reside in the marital home in Mechanicsburg, Pennsylvania, until it was necessary to sell the same pursuant to the parties' divorce settlement and thereafter, resides at the address listed in paragraph one above, which continues to be the Cumberland Valley School District. 2 8. The Defendant, Jennifer L. Anderson, indicated to her former husband that she would be returning to Cumberland County so that the child may attend the Cumberland Valley School District, which was the school district of choice, which the parties agreed to during their marriage. 9. In October 2003, the Defendant informed the Plaintiff that she would probably be staying in Lancaster County and by letter dated January 22, 2004, the Defendant emphatically informed the Plaintiff that she would not be returning to Cumberland County. 10. The Plaintiff, Danny P. Anderson, works at AAMCO, Monday through Friday from 8:00 a.m. until 5:00 p.m. 11. The Defendant, Jennifer L. Anderson works at Wal-Mart in Lancaster and it is believed she works second shift. 12. There has been no prior action for custody or visitation of the minor child in this or any other jurisdiction. 13. The minor child, Valerie E. Anderson, was born in Cumberland County on January 10, 1999, and continued to reside in Cumberland County, Pennsylvania, and since the parties have been sharing physical custody of the minor child, the minor child resides in Cumberland County fifty percent of the time. 3 14. The Court of Common Pleas of Cumberland County has jurisdiction in this matter as the minor child has primarily resided in Cumberland County for the last five years, with the last year to eighteen months residing in Cumberland County one-half of the time. 15. The minor child, Valerie E. Anderson, will be starting school in the fall of 2004, and the parties being unable to agree upon what school district the minor child is to attend, the Plaintiff, Danny P. Anderson, respectfully requests your Honorable Court to grant him primary physical custody of his daughter during the school year so that she may attend the Cumberland Valley School District, which is the school district of choice of the parties, said decision being made while the marriage was intact. 16. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor child in this or any other Court. 17. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 4 WHEREFORE, the Plaintiff, Danny P. Anderson, respectfully requests your Honorable Court to grant him primary physical custody of his daughter. Respectfully submitted, BY iane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: February 3, 2004 5 VERIFICATION I verify that the statements made in this Complaint for Primary Physical Custody 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 unswom falsification to authorities. DANNY ANDERSON Date: February 3, 2004 \"" ?? 'v r? hJ ? ? 4 cry -, m ? ? ? \ i _ ) v 'v ? w =r_'-• ( { '? GJ W ? ?+ rJ C_i?..?i x ? ? O -?, DANNY P. ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • 04-524 CIVIL ACTION LAW JENNIFER L. ANDERSON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy Esq. the conciliator, at 301 Market Street Lemoyne PA 17043 on Tuesday, March 09, 2004 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P r y Esq v 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 lr7 b'In d/ill ??, ??; JAno 9Z `£ NJ L 187jhfOZ A*'O 0-IlOdd D41 ?o .w MAR 1 8 2004 DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-524 CIVIL TERM V. CIVIL ACTION - LAW JENNIFER L. ANDERSON, IN CUSTODY Defendant ORDER OF COURT AND NOW, this z-4" day of March, 2004, upon consideration of the attached Custody Conciliation Summary Report and appearing that the parties are in need of a hearing, the following Order confirming the status quo and Order setting the date for hearing is entered: 1. Legal Custody. The parties, Danny P. Anderson and Jennifer L. Anderson, shall have shared legal custody of the minor child, Valerie E. Anderson, born January 10, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and 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 wnthin such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Commencing March 12, 2004, Father will have custody each Friday, Saturday and Sunday and alternating Thursdays. Father's first alternating Thursday under the schedule will be on March 18, 2004. B. Commencing March 15, 2004, Mother will have custody each Monday, Tuesday and Wednesday and alternating Thursdays. Mother's first alternating Thursday under the schedule will be on March 25, 2004. 3. Hearing. A hearing is scheduled in Courtroom Number / of the Cumberland County Courthouse, on the 2nd day of 2004, at 9 : 3 U o'clock A M., at which time testimony will be taker. For the purposes of the hearing, the Father, Danny P. Anderson, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with OP NO. 04-524 CIVIL TERM the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. BY THE COURT: J. Dist: ? l ne M. Dils, Esquire, 1017 N. Front Street, Harrisburg, PQ 17102 Aaryann Murphy, Esquire, 2807 Market Street, Camp Hill, PA 17011 V? 3?a o MAR 1 8 2004 DANNY P. ANDERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-524 CIVIL TERM V. JENNIFER L. ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY' RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Valerie E. Anderson January 10, 1999 Mother and Father 2. A Custody Conciliation Conference was helld on March 11, 2004 following Father's filing of a February 5, 2004 Complaint for Primary Physical Custody. Present for the conference were: the Father, Danny P. Anderson, and his counsel, Diane M. Dils, Esquire; the Mother, Jennifer L. Anderson, and her counsel, Maryann Murphy, Esquire. 3. The parties did not reach an agreement with regard to a change in the custodial schedule which will become necessary as a result of their desire to enroll the child in kindergarten for the 2004-2005 academic year. The parties confirmed the status quo of their physical custody arrangement as it appears in the Order attached. The parties will need a hearing in order to establish a primary custodial residence prior to the start of the 2004/2005 academic year. 4. Father's position on custody is as follows: Since the parties' separation, the parties entered an equally shared physical custody arrangement. Father reports that Mother has moved five times since separation. He also indicates that when they had purchased the marital home, they did so with the intent that the child would attend Cumberland Valley School District. After separation, they had discussions in which Mother indicated that she might have been willing to relocate from her present home in Lancaster, Pennsylvania to some place closer to Father so that they could continue to enjoy a shared custodial arrangement and allow the child to attend Cumberland Valley schools. However, Father reports that Mother indicated to him in January of 2004 that she did not intend to return to Cumberland County. Father is seeking primary physical custody. He believes that because the parties had agreed that the child would attend Cumberland Valley schools NO. 04-524 CIVIL TERM during the time that they were married that their previous agreements should be honored. Father has remarried and has a six month old child. His new wife is a stay at home mom. Father works 8 a.m. to 5 p.m., Monday through Friday. He reports that he does not work weekends. 5. Mother's position on custody is as follows: Mother resides in Lancaster with her fianc6e and six month old son. They presently share a home with another couple and that couple's child, which they anticipate will continue until the end of the Summer 2004. Mother works at Wal-Mart for four, ten hour shifts a week. She does not work on Tuesday, Wednesday or Saturday. While Mother acknowledges that they had discussed the child attending Cumberland Valley schools, the settlement agreement that the parties entered at the time of the divorce makes no mention of school choice. Mother prefers that the child live with her primarily and attend Conestoga Valley School District. She points out that the elementary school is around the corner from her home and that the school district is much smaller than Cumberland Valley. Mother also has family members in the Lancaster area. Mother reports that there have been times that she has not been included in decisions that Father has made regarding the child. She points out that he has given the child haircuts when he knows that she prefers the child's hair be long and that he arranged for the child to have her ears pieced without Mother's agreement. 6. Both parties acknowledge that they have each been substantially involved in the child's life and both parties express a desire to have an involvement in the child's education and in helping her with her homework. The parents also agree that they do not their custody litigation. want the child to be interviewed by the Court in conjunction wAb. Rather, they prefer to insulate the child from involvement in a proce s which will make the determination as to the primary residence. i D to \-Mb'iss Peel Greevy, Custody Conciliator :225596 DANN Y P. ANDERSON, Plaintiff V. JENNIFER L. ANDERSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-524 Civil Term CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this 11 '` day of y --4?-U?__ .2004, the parents, having reached an agreement regarding custody and the best interests and welfare of their minor child, VALERIE E. ANDERSON, born January lo, 199q, IT IS HEREBY ORDERED AND DECREED as follows: 1. The parents shall share joint legal custody of 'VALERIE. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training 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 child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neither parent shall attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 child 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. In accordance with 23 Pa.C.S.A. Section 53o9, 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 primary physical custody of the minor child, with the child attending MOTHER's school in the Conestoga Valley School District. Currently, MOTHER works on Saturday, Sunday and Monday, and FATHER works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents shall notify the other if their work schedule permanently changes. CUSTODY DURING THE' SCHOOL YEAR MOTHER shall have custody from Sunday evening by 7:00 p.m. when FATHER returns the minor child to MOTHER's home, until Friday after school when MOTHER brings the child to FATHER's home. If Monday is a school holiday, FATHER shall return the child on Monday evening by 7:00 p.m. FATHER shall have custody from Friday after school until Sunday evening (or Monday if there is a school holiday) by 7:00 p.m. FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening per week with prior notice to MOTHER. If there is a school holiday on Tuesday, Wednesday, Thursday or Friday, FATHER shall have the minor child if he is not working. If the school holiday falls on a Friday and if FATHER is not working on Friday, he shall pick up the minor child the Thursday before the holiday by 7:00 p.m. MOTHER shall have an occasional weekend with the minor child with prior notice to FATHER. CUSTODY DURING SUMMER VACATION MOTHER shall enjoy custody of the minor child during her summer vacation from school each week from Tuesday when she will pick: up the child at FATHER's home by is 00 P.m., until Thursday when FATHER will pick up the child at MOTHER's home by 7: 00 p.m. On alternate weeks, FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening with prior notice to MOTHER. FATHER shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted[ custody as set forth below. Each parent shall have one uninterrupted week with the minor child during her summer vacation from school. MOTHER and FATHEF1 shall give each other thirty days written notice of their chosen week. Either or both of the parents, with written notice to the other, may have an additional uninterrupted week during; the summer providing the parent will not be working during that week. In the event both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS: Christmas: In 2004 and in all even years thereafter, FATHER shall have the holiday from 1:00 p.m. on Christmas Eve until too p.m. on Christmas Day, and MOTHER shall have the holiday from 1:oo p.m. Christmas Day until 1:00 p.m. on December 26th. In 2005 and in all odd years thereafter, MOTHER shall have the holiday from i:oo p.m. on Christmas Eve until 1:oo p.m. on Christmas Day, and FATHER shall have the holiday from i:oo p.m. on Christmas Day until 1:oo p.m. on December 26th. The remainder of the minor child's Christmas vacation from school shall be divided with FATHER having the child 2/3 of the vacation, and MOTHER having the child 1/3 of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, MOTHER shall have the child's birthday; and in 2006 and in all even years thereafter, FATHER shall have the child's birthday. The hours shall be from 9: oo a.m. until 9: oo p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, MOTHER shall have the holiday from 9:0o a.m. until 9:0o p.m. In 2005 and in all odd years thereafter, FATHER shall have the holiday from 9: o0 a.m. until 9:0o p.m. Easter: In 2005 and in all odd years thereafter, MOTHER shall have the holiday from 9:0o a.m. until 9:0o p.m. In 2006 and in all even years thereafter, FATHER shall have the holiday from 9:0o a.m. until 9:0o p.m. Mother's Day and Father's Day: MOTHER shall have Mother's Day and FATHER shall have Father's Day each year from 9:0o a.m. until 9:0o p.m. 4. The parents shall continue with Anthea Stebbins in co-parenting counseling once a month until Ms. Stebbins believes they no longer need to attend, or for nine months, whichever shall first occur. In the event either parent believes Valerie should be seen by the counselor, or either feels the custody schedule needs to be re-addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for both of them to attend. The parents shall each pay Y2 of the fee which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, 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 child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which m'.ight interfere with regular custodial periods. 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the exl.ent possible, that other household members and/or houseguests comply with this prohibition. 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. io. This custody schedule can be altered or modified by the parents mutual agreement. ii. SUPPORT: The parents agree that they shall continue the Support Order, dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania in which FATHER pays support to MOTHER in the amount of $272.99 per month. In addition, FATHER shall pay for the child's summer clothing, and MOTHER shall pay for the child's winter clothing. Both parents will pay 50% of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that FATHER shall claim the minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and MOTHER shall claim the minor child as an exemption on her income tax returns in 20o5 and in all odd years thereafter. 12. 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: Kevin A. Hess Distribution: For Plaintiff: Diane M. Dils, Esquire -1017 North Front Street, Hbg. 17102 - COPY rnai lricc For Defendant: Maryann Murphy, Esquire - PMB 246, 4902 Carlislg Pike, Mech. 17050 pflu %.1 L(/ QiOStiI ` ? TLS L = DANNY P. ANDERSON, Plaintiff V. JENNIFER L. ANDERSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-524 Civil Term : CIVIL ACTION-LAW : IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER JENNIFER L. ANDERSON (hereinafter referred to as "MOTHER"), and DANNY P. ANDERSON (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve the matter of custody with respect to VALERIE E. ANDERSON, born January io,1999, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of VALERIE as follows: 1. The parents agree to share joint legal custody of VALERIE. The parents agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training 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 child's best interest:. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 child 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. In accordance with 23 Pa.C.S.A. Section 53o9, 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 primary physical custody of the minor child, with the child attending MOTHER's school in the Conestoga Valley School District. Currently, MOTHER works on Saturday, Sunday and Monday, and FATHER works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents agree to notify the other if their work schedule permanently changes. CUSTODY DURING THE SCHOOL YEAR MOTHER shall have custody from Sunday evening; by 7:00 p.m. when FATHER returns the minor child to MOTHER's home, until Friday after school when MOTHER brings the child to FATHER's home. If Monday is a school holiday, FATHER shall return the child on Monday evening by 7:00 p.m. FATHER shall have custody from Friday after school until Sunday evening (or Monday if there is a school holiday) by 7:00 P.M. FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening per week with prior notice to MOTHER. If there is a school holiday on Tuesday, Wednesday, Thursday or Friday, FATHER shall have the minor child if he is not working. If the school holiday falls on a Friday and if FATHER is not working on Friday, he shall pick up the minor child the Thursday before the holiday by 7:00 p.m. MOTHER shall have an occasional weekend with the minor child with prior notice to FATHER. CUSTODY WRING SUMMER VA TION MOTHER shall enjoy custody of the minor child during; her summer vacation from school each week from Tuesday when she will pick up the child at FATHER's home by 1:oo p.m., until Thursday when FATHER will pick up the child at MOTHEWs home by 7:00 p.m. On alternate weeks, FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening with prior notice to MOTHER. FATHER shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Each parent shall have one uninterrupted week with the minor child during her summer vacation from school. MOTHER and FATHER shall give each other thirty days written notice of their chosen week. Either or both of the parents, with written notice to the other, may have an additional uninterrupted week during the summer providing the parent will not be working during that week. In the event both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS: Christmas: In 2004 and in all even years thereafter, FATHER shall have the holiday from 1:00 p.m. on Christmas Eve until > : oo p.m. on Christmas Day, and MOTHER shall have the holiday from >:oo p.m. Christmas Day until 1:00 p.m. on December 26th. In 2005 and in all odd years thereafter, MOTHER shall have the holiday from 1:00 p.m. on Christmas Eve until >:oo p.m. on Christmas Day, and FATHER shall have the holiday from 1:oo p.m. on Christmas Day until 1:00 p.m. on December 26th The remainder of the minor child's Christmas vacation from school shall be divided with FATHER having the child 2/3 of the vacation, and ]MOTHER having the child 1/3 of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, MOTHER shall have the child's birthday; and in 2006 and in all even years thereafter, FATHER shall have the child's birthday. The hours shall be from 9:0o a.m. until 9:0o p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, MOTHER shall have the holiday from 9:0o a.m. until 9:0o p.m. In 2005 and in all odd years thereafter, FATHER shall have the holiday from 9: o0 a.m. until 9:0o p.m. Easter: In 2005 and in all odd years thereafter, MOTHER shall have the holiday from 9:0o a.m. until 9:0o p.m. In 2006 and in all even years thereafter, FATHER shall have the holiday from 9:00 a.m. until 9:00 p.m. Mother's Day and Father's Day: MOTHER shall have Mother's Day and FATHER shall have Father's Day each year from 9:0o a..m. until 9:0o p.m. 4. The parents agree that they shall continue with Anthea Stebbins in co-parenting counseling once a month until Ms. Stebbins believes they no longer need to attend, or for nine months, whichever shall first occur. In the event either parent believes Valerie should be seen by the counselor, or either feels the custody schedule needs to be re-addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for both of them to attend. The parents shall each pay Y2 of the fee which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, 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 child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents agree to confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. The parents agree that during any period of custody or visitation, they shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. The parents agree that each shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9• Both parents agree to establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. 10. The parents agree that this custody schedule can be altered or modified by their mutual agreement. 11. SUPPORT: The parents agree that they shall continue the Support Order, dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania in which FATHER pays support to MOTHER in the amount of $272.99 per month. In addition, FATHER shall pay for the child's summer clothing, and MOTHER shall pay for the child's winter clothing. Both parents will pay 50% of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that FATHER shall claim the minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and MOTHER shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. 12. 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. 13. 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. Ddte V Witn ss A NIF R L. ANDERSON Date ' Witnes DAN . ANDERSON DANNY P. ANDERSON, Plaintiff vs. JENNIFER L. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 524 Civil Term CIVIL ACTION - LAW IN CUSTODY COMPLAINT TO MODIFY CUSTODY AND NOW, this 7`" day of March 2006, comes the Plaintiff, Danny P. Anderson, by his attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Danny P. Anderson, an adult individual currently residing at 645 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, Jennifer L. Anderson, now known as Jennifer L. Graser, is an adult individual currently residing at 2014B Pennwick Road, Lancaster, Lancaster County, Pennsylvania 17601. 3. The Plaintiff and Defendant are the natural parents of one child; namely: Valerie E. Anderson, born January 10, 1999. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated August 12, 2004, setting forth the current custodial arrangements between the parties. 5. The Plaintiff, Danny P. Anderson, believes that it is in the best interest of his daughter, Valerie E. Anderson, that he be granted primary physical custody with partial custody rights in the Defendant. 6. It is believed that the Defendant, Jennifer L. Graser, may be attempting to move her residence, for the seventh (7`h) time in the last four and one half years (4'/z) years. It is believed that said move will require the minor child to change school districts. 7. Pursuant to the Order of Court dated August 12, 2004, attached hereto, it was agreed at that time that the minor child would attend the Conestoga Valley School District, which was mother's school district. 8. Mother has failed to notify father of any of the circumstances and specificities concerning her intended move outside of said school district. 9. The Plaintiff believes that his daughter, Valerie E. Anderson, desires to reside with him on a primary basis and to attend school from father's home. 10. The Plaintiff, Danny P. Anderson, is better able to provide a stable home environment for the child and it is believed that she will excel in school. 2 11. Pursuant to the Order dated August 12, 2004, and attached hereto, the parties agreed in Paragraph 4 that they would continue with co-parenting counseling with Anthea Stebbins at Inter Works. 12. The mother, Jennifer L. Anderson, now known as Jennifer L. Graser, has failed to continue with the co-parenting counseling, despite the requests of father. WHEREFORE, the Plaintiff, Danny P. Anderson, respectfully prays your Honorable Court to grant him primary physical custody of his daughter with partial custody rights in the mother, Jennifer L. Graser. Respectfully submitted, ,. Diane M. Dil"squi e 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: March 7, 2006 3 0 0 lrT RECF -r By DANN Y P. ANDERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2004-524 Civil Term JENNIFER L. ANDERSON, : CIVIL ACTION-LAW Defendant : IN CUSTODY 9 n? 1 ORDER OF COURT AND NOW, this a Y ?? day of lAk 2004, the parents, having reached an agreement regarding custody and the best interests and welfare of their minor child, VALERIE E. ANDERSON, born January io,1999, IT IS HEREBY AND DECREED as follows: 1. The parents shall share joint legal custody of VALERIE. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training 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 child's best interest. Neither parent shall impair the other parents rights to shared legal custody of the child. Neither parent shall attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 child 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. 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 primary physical custody of the minor child, with the child attending MOTHER's school in the Conestoga Valley School District. Currently, MOTHER works on Saturday, Sunday and Monday, and FATHER works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents shall notify the other if their work schedule permanently changes. CUSTODY DURING THE SCHOOL YEAR MOTHER shall have custody from Sunday evening by 7:00 p.m. when FATHER returns the minor child to MOTHER's home, until Friday after school when MOTHER brings the child to FATHER's home. If Monday is a school holiday, FATHER shall return the child on Monday evening by 7:00 p.m. FATHER shall have custody from Friday after school until Sunday evening (or Monday if there is a school holiday) by 7:00 p.m. FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening per week with prior notice to MOTHER If there is a school holiday on Tuesday, Wednesday, Thursday or Friday, FATHER shall have the minor child if he is not working. If the school holiday falls on a Friday and if FATHER is not working on Friday, he shall pick up the minor child the Thursday before the holiday by 7:00 P.M. MOTHER shall have an occasional weekend with the minor child with prior notice to FATHER CUSTODY DURING SUMMER VACATION MOTHER shall enjoy custody of the minor child during her summer vacation from school each week from Tuesday when she will pick up the child at FATHER's home by is oo p.m., until Thursday when FATHER will pick up the child at MOTHER's home by 7:00 p.m. On alternate weeks, FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening with prior notice to MOTHER. FATHER shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Each parent shall have one uninterrupted week with the minor child during her summer vacation from school. MOTHER and FATHER shall give each other thirty days written notice of their chosen week. Either or both of the parents, with written notice to the other, may have an additional uninterrupted week during the summer providing the parent will not be working during that week. In the event both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS: Christmas: In 2004 and in all even years thereafter, FATHER shall have the holiday from 1:oo p.m. on Christmas Eve until 1:oo p.m. on Christmas Day, and MOTHER shall have the holiday from mo p.m. Christmas Day until 1:oo p.m. on December 26th. In 2005 and in all odd years thereafter, MOTHER shall have the holiday from is o0 p.m. on Christmas Eve until i:oo p.m. on Christmas Day, and FATHER shall have the holiday from i:oo p.m. on Christmas Day until 1:oo p.m. on December 26th. The remainder of the minor child's Christmas vacation from school shall be divided with FATHER having the child 2/3 of the vacation, and MOTHER having the child 1/3 of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, MOTHER shall have the child's birthday; and in 2006 and in all even years thereafter, FATHER shall have the child's birthday. The hours shall be from 9:0o a.m. until 9: oo p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, MOTHER shallhave the holiday from 9:0o a.m. until 9:0o p.m. In 2005 and in all odd years thereafter, FATHER shall have the holiday from 9:00 a.m. until 9:0o p.m. Easter: In 2005 and in all odd years thereafter, MOTHER shall have the holiday from 9:oo a.m. until 9:0o p.m. In 2006 and in all even years thereafter, FATHER shall have the holiday from 9:0o a.m. until 9:0o p.m. Mother's Day and Father's Day: MOTHER shall have Mother's Day and FATHER shall have Father's Day each year from 9:0o a.m. until 9:0o p.m. 4. The parents shall continue with Anthea Stebbins in co-parenting counseling once a month until Ms. Stebbins believes they no longer need to attend, or for nine months, whichever shall first occur. In the event either parent believes Valerie should be seen by the counselor, or either feels the custody schedule needs to be re-addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for both of them to attend. The parents shall each pay Y2 of the fee which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, 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 child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. io. This custody schedule can be altered or modified by the parents mutual agreement. u. SUPPORT: The parents agree that they shall continue the Support Order, dated March ll, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania in which FATHER pays support to MOTHER in the amount of $272.99 per month. In addition, FATHER shall pay for the child's summer clothing, and MOTHER shall pay for the child's winter clothing. Both parents will pay 50% of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that FATHER shall claim the minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and MOTHER shall claim the minor child as an exemption on her income tax returns in 2oo5 and in all odd years thereafter. 12. 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: lsl l?,r,?,?u ? 1?-- onorable Kevin A. Hess Distribution: For Plaintiff: Diane M. Dils, Esquire - 1017 North Front Street, Hbg. 17102 For Defendant: Maryann Murphy, Esquire - PMB 246,49o2 Carlisle Pike, Mech. 1050 IRUE CP'f FRO' +A pRCOR® " Kano J set rr 9 ttsa seal et s`? ^u a? ,lriis!e. Pa. ihi ay ui yr thonaary DANN Y P. ANDERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-524 Civil Term JENNIFER L. ANDERSON, : CIVIL ACTION-LAW Defendant : IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER JENNIFER L. ANDERSON (hereinafter referred to as "MOTHER"), and DANNY P. ANDERSON (hereinafter referred to as "FATHER"), desiring to amicably settle and resolve the matter of custody with respect to VALERIE E. ANDERSON, born January 1o, 1999, the minor child involved in this action, hereby stipulate and agree to the entry of an Order of Court awarding custody of VALERIE as follows: 1. The parents agree to share joint legal custody of VALERIE. The parents agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with aviewtoward obtaining and following an harmonious policy in the child's best interest. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 child 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. In accordance with 23 Pa.C.S.A. Section 53o9, each parent shallbeentitled 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 primary physical custody of the minor child, with the child attending MOTHER's school in the Conestoga Valley School District. Currently, MOTHER works on Saturday, Sunday and Monday, and FATHER works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents agree to notify the other if their work schedule permanently changes. CUSTODY DURING THE SCHOOL YEAR MOTHER shall have custody from Sunday evening by 7:00 p.m. when FATHER returns the minor child to MOTHER's home, until Friday after school when MOTHER brings the child to FATHER's home. If Monday is a school holiday, FATHER shall return the child on Monday evening by 7:00 p.m. FATHER shall have custody from Friday after school until Sunday evening (or Monday if there is a school holiday) by 7:00 p.m. FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening per week with prior notice to MOTHER If there is a school holiday on Tuesday, Wednesday, Thursday or Friday, FATHER shall have the minor child if he is not working. If the school holiday falls on a Friday and if FATHER is not working on Friday, he shall pick up the minor child the Thursday before the holiday by 7:00 p.m. MOTHER shall have an occasional weekend with the minor child with prior notice to FATHER. CUSTODY DURING SUMMER VACATION MOTHER shall enjoy custody of the minor child during her summer vacation from school each week from Tuesday when she will pick up the child at FATHER's home by t:oo p.m. , until Thursday when FATHER will pick up the child at MOTHEWs home by 7:00 p.m. On alternate weeks, FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening with prior notice to MOTHER. FATHER shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Each parent shall have one uninterrupted week with the minor child during her summer vacation from school. MOTHER and FATHER shall give each other thirty days written notice of their chosen week Either or both of the parents, with written notice to the other, may have an additional uninterrupted week during the summer providing the parent will not be working during that week. In the event both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS: Christmas: In 2004 and in all even years thereafter, FATHER shall have the holiday from i:oo p.m. on Christmas Eve until is oo p.m. on Christmas Day, and MOTHER shall have the holiday from 1:oo p.m. Christmas Day until 1:oo p.m. on December 26th. In 2005 and in all odd years thereafter, MOTHER shall have the holidayfrom i:oo p.m. on Christmas Eve until 1:oo p.m. on Christmas Day, and FATHER shall have the holiday from i:oo p.m. on Christmas Day until 1:oo p.m. on December 26th. The remainder of the minor child's Christmas vacation from school shall be divided with FATHER having the child 2/3 of the vacation, and MOTHER having the child 1/3 of the vacation. Valerie's Birthday: In 2005 and in all oddyears thereafter, MOTHER shall have the child's birthday; and in 2oo6 and in all even years thereafter, FATHER shall have the child's birthday. The hours shall be from 9: oo a.m. until 9:oo p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, MOTHERshall have the holiday from 9:oo a.m. until 9:oo p.m. In 2005 and in all odd years thereafter, FATHER shall have the holiday from 9: oo a.m. until 9:oo p.m. Easter: In 2oo5 and in all odd years thereafter, MOTHER shall have the holiday from 9:oo a.m. until 9:oo p.m. In 2oo6 and in all even years thereafter, FATHER shall have the holiday from 9:oo a.m. until 9:oo p.m. Mother's Day and Father's Day: MOTHER shall have Mother's Day and FATHER shall have Father's Day each year from 9:oo a.m. until 9:oo p.m. 4. The parents agree that they shall continue with Anthea Stebbins in co-parenting counseling once a month until Ms. Stebbins believes they no longer need to attend, or for nine months, whichever shall first occur. In the event either parent believes Valerie should be seen by the counselor, or either feels the custody schedule needs to be re-addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for both of them to attend. The parents shall each pay V2 of the fee which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, 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 child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents agree to confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. The parents agree that during any period of custody or visitation, they shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. The parents agree that each shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents agree to establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. 10. The parents agree that this custody schedule can be altered or modified by their mutual agreement. u. SUPPORT: The parents agree that they shall continue the Support order, dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania in which FATHER pays support to MOTHER in the amount of $272.99 per month. In addition, FATHER shall pay for the child's summer clothing, and MOTHER shall pay for the child's winter clothing. Both parents will pay 50% of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that FATHER shall claim the minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and MOTHER shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. 12. 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. 13. 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. Date 4 Witn s r L. ANDERSON V Date Witn D . ANDERSON a VERIFICATION I verify that the statements made in this complaint to Modify custody 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. /57 DANK ?: ANDERSON Date: March 7, 2006 C? ?? -?a. d ?i DANNY P. ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER L. ANDERSON DEFENDANT 04-524 CIVIL ACTION LA"' IN CUSTODY ORDER OF COURT AND NOW, __Friday, March 17, 2006upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Monday, April 24, 2006 at 10:30 AM for a Pre-Hearin, Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ _ Melissa P. Greevy, 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 tppc . r"/ 4?? -lr 15 .£ Wd 1 Z a'W 1), 0li Z i1;?Cs ?I?"li? f Pamela L. Purdy Attorney ID No. 85783 115 Pine Street, Suite 100 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpu rdy(@verizo n. net Attorney for Defendant DANNY P. ANDERSON, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-524 Civil Term JENNIFER L. (ANDERSON) GRASER, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of Maryann Murphy on behalf of Defendant in the above matter. Maryantl Murphy PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 Dated: April, 2006 Attorney for Defendant Kindly enter the appearance of Pamela L. Purdy on behalf of Defendant in the above matter. L" -?, e, -?,/ Pamela L. Purdy Dated: April LO, 2006 Attorney for Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 7.(,> day of April, 2006 a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 Diane M. Dils, Esquire 1400 North Second Street First Floor Harrisburg, PA 17102 &&e. R=?? - Pamela L. Purdy RECEIVED JUN 121006 DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-524 CIVIL TERM V. JENNIFER L. ANDERSON, Defendant Hess, J. -- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 16W day of June, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties shall resume therapeutic family counseling, as provided in their Stipulation of August 10, 2004. 2. Hearing. A hearing ig,scheduled in Courtroom Number 4 of the Cumberland County Courthouse, on the 4 day of , 2006, at 9%36 o'clock 4 M., at which time testimony will be taken. or the purposes of the hearing, the Father, Danny P. Anderson, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. Dist: % ne M. Dils, Esquire, 1017 N. Front Stree L.Oarnela L. Purdy, Esquire, 100 Pine Street, BY THE COURT: ?_ ,:??: - ?_ ,,.?_ v :2 ?:" ?? " ? s ' r ?? , W -i L J r o J ' 6 J DANNY P. ANDERSON, Plaintiff RECEIVED JUN 12 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-524 CIVIL TERM V. JENNIFER L. ANDERSON, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Valerie E. Anderson January 10, 1999 Mother 2. Father filed a Complaint to modify custody on March 9, 2006. At the request of Mother's new counsel, Fathers counsel agreed to a continuance. A Custody Conciliation Conference was held on June 8, 2006. Present for the conference were: the Father, Danny P. Anderson, and his counsel, Diane M. Dils, Esquire; the Mother, Jennifer L. Graser, F/K/A, Jennifer L. Anderson, and her counsel, Pamela L. Purdy, Esquire. 3. Father's position on the modification of custody is as follows: Father filed to modify the Custody Order seeking primary custody of the child. Father's concerns are as follows: A. Mother has moved seven (7) times in four and one-half years. B. Mother has unilaterally changed the child's school district by reason of her last move. C. Mother discontinued the co-parent work that they had been doing with Anthea Stebbins. D. Since the move, the child has had unexcused absences and tardiness, and Father has been informed that her homework is not being done. E. The child has reported to Father that Mother is too busy to play with her. NO. 04-524 CIVIL TERM F. Mother did not give him or the school district notice of her intent to move. G. Mother told the child not to disclose her new address to her school before the end of the school year so that she would not have to enroll in a different district. H. On one occasion, Mother neglected to pick up the child at school after telling her not to take the bus home at the end of the school day. Father believes that he can provide a more stable lifestyle in his home than can Mother. Father points out that at the last Custody Conciliation Conference, Mother represented that she would not continue her pattern of moving and yet the child is now relocated outside of the school district she attended last year. 4. Mother's position on Father's petition to modify custody is as follows. Mother reports that she has remarried and she and her husband purchased a home in the Donegal School District. She acknowledged that she stopped the co-parent counseling. Mother reports that she did inform Father that she was considering moving at the time that she was looking at the purchase of a new residence, and had narrowed down her options to two different homes. Mother expressed concern that Father is telling the child that she is going to be living with him and going to a new school district. She sees this as Father manipulating the child's feelings, and as a source of confusion. Mother has been employed for five years at Wal-Mart. She is presently Customer Service Manager and works three, twelve hour shifts each week, on Friday, Saturday and Sunday. As a result, Mother reports that if the child is in Father's primary custody, she will not be able to see the child because of her long work hours on weekends. Mother claims that she cannot change her work arrangements. Mother also disputes Father's representation that his wife is available to help care for the child because Mother believes that the step-mother is working at Applebee's. (Father points out that his new wife is expecting a baby in July, 2006.) 5. Issues upon which the parties agree: Both parents agree that they would return to co-parent counseling. Parents also agree that it was not appropriate to involve the child in discussions regarding the substance of their custody litigation and that she should not be placed in the position of having to choose between the parents. 6. Issues upon which the parties do not agree: Father's request for primary custody. Father's counsel requested a hearing before the start of school. Mother's counsel is not available on August 2, or August 3, 2006. Mother resides in Mt. Joy in Donegal School District. it is believed that that school district begins the new school year on August 28, 2006. Father resides in the West Shore School District, which is scheduled to begin on August 28, 2006. NO. 04-524 CIVIL TERM Date Meliss Peel Greevy, Esquire Custody Conciliator :277007 Pamela L. Purdy, Esquire Attorney ID No. 85783 115 Pine Street, Suite 100 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Defendant DANNY P. ANDERSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. JENNIFER L. ANDERSON, n/k/a JENNIFER L. GRASER, Defendant NO. 04-524 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NOW, comes Jennifer L. Graser ("Mother"), by and through her attorney Pamela L. Purdy, Esquire, and files this Motion in Limine to Exclude Evidence of Confidential Communications Protected by Therapist-Client Privilege, and in support thereof, avers as follows: Defendant is Jennifer L. Graser ("Mother"), an adult individual who currently resides at 203 Frederick Street, Mount Joy, Lancaster County, Pennsylvania. 2. Plaintiff is Danny P. Anderson ("Father"), an adult individual who currently resides at 645 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. Y . J r 1 3. Anthea L. Stebbins, LCW is a therapist who has in the past and currently works with Mother and Father in co-parenting counseling and mediation with regard to their custody arrangement. 4. Father listed Ms. Stebbins as an expert witness who he intends to call to testify on his behalf at the hearing scheduled for August 9, 2006 before the Honorable Kevin A. Hess. 5. Mother's communications with and information provided to Ms. Stebbins are confidential in light of their therapist-client relationship and Mother has not waived her right to the protection of those communications. 6 The parties' communications with Ms. Stebbins during their therapy sessions are privileged as mediation communications under 42 Pa.C.S.§ 5949, confidential communications to a qualified professional under 42 Pa.C.S. § 5948 and/or psychotherapist-client privilege under 42 Pa.C.S. § 5944. 7. If Ms. Stebbins were required to testify regarding communications with and information received from Mother during the course of their therapist-client relationship at the upcoming hearing, Ms. Stebbins's testimony would be in violation of her duty of confidentiality to her client as set forth in the Mental Health Procedures Act and the National Association of Social Worker's Code of Ethics. 8. The grounds for this Motion are more particularly set forth in Defendant's brief in support of this Motion. WHEREFORE, Defendant Jennifer L. Graser respectfully requests that this Court enter an Order precluding Plaintiff from introducing any testimony or evidence at trial of Mother's confidential communications with Anthea L. Stebbins, M.S.W. Respectfully submitted, Pamela L. Purdy Counsel for Plaintiff, Jennifer L. Graser Dated: ? ? ?( CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 7"' day of August, a true and correct copy of Defendant's Motion in Limine to Preclude Testimony of Anthea L. Stebbins, L.C.W., Treating Therapist was served by facsimile on the following: Diane M. Dils, Esquire Dils & Dils 1400 North Second Street Harrisburg, PA 17102 Pamela L. Purdy c ?C N N ..J C Q 1 N N DANNY P. ANDERSON, Plaintiff vs. JENNIFER L. ANDERSON, n/k/a JENNIFER L. GRASER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-524 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of September, 2006, upon consideration of Defendant's Petition for Special Relief and Contempt of Custody Order, it is hereby ORDERED that a) Father is in contempt of the current custody order dated August 12, 2004; b) Father will immediately return the child to Mother's custody and will follow the custody schedule outlined in the current Order dated August 12, 2004; C) Mother shall immediately have additional physical custody time with the child to make up for the time lost due to Father's contempt; d) the child shall return to school at Donegal Springs Elementary School on September 14, 2006 and will continue to attend said school until further order of court; e) Father shall pay Mother's reasonable attorney's fees and costs incurred in her defense against Father's custody complaint in Lancaster County and the preparation and presentation of her Petition for Special Relief and Contempt of Custody Order. BY THE COURT: J. Pamela L. Purdy, Esquire Attorney ID No. 85783 115 Pine Street, Suite 100 Harrisburg, PA 17101 (717) 221-8303 tel (717) 221-8403 fax pipurdy@verizon.net Counsel for Defendant DANNY P. ANDERSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. JENNIFER L. ANDERSON, n/k/a JENNIFER L. GRASER, Defendant NO. 04-524 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF AND CONTEMPT OF CUSTODY ORDER AND NOW comes Defendant Jennifer L. Graser, by and through her attorney, Pamela L. Purdy, Esquire, and files this Petition for Special Relief, and in support thereof, avers as follows: 1. Petitioner/Defendant is Jennifer L. Graser ("Mother"), an adult individual who currently resides at 203 Frederick Street, Mount Joy, Lancaster County, Pennsylvania. 2. Respondent/Plaintiff is Danny P. Anderson ("Father"), an adult individual who currently resides at 645 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. Mother and Father are the parents of Valerie E. Anderson, born January 10, 2004. 4. In August 2004, the parties stipulated to the entry of an order (hereinafter "Agreed Order") that gave the parties shared legal custody, with Mother having primary physical custody and Father having partial physical custody. A true and correct copy of the Agreed Order is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 5. The Agreed Order also states that the parties would continue to attend co- parenting counseling with Anthea Stebbins, L.C.S.W. and agreed that: In the event that either parent believes Valerie should be seen by a counselor, or either feels the custody schedule needs to be re-addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for them to attend. Agreed Order at paragraph 4. 6. In Spring 2006, Mother informed Father that she was considering moving from Lancaster to the Mount Joy area, which would necessitate Valerie to change school districts. 7. Father did not discuss with Mother that he felt that the custody schedule needed to be re-addressed or make an appointment for the parties with Anthea Stebbins, both of which are required under the Agreed Order. 8. Instead, on March 9, 2006, Father filed a Petition for Modification of Custody. 9. On June 8, 2006, the parties attended a custody conciliation with Pamela L. Purdy, Esquire, counsel for Mother, Diane M. Dils, Esquire, counsel for Father and Conciliator Melissa P. Greevy, Esquire, which resulted in Ms. Greevy filing a Custody Conciliation Summary Report and the Court scheduling the matter for trial before the Honorable Kevin A. Hess for August 9, 2006. 10. After much negotiation, a day before the trial date, the parties agreed to the entry of a Stipulation and Agreement of the Parties (hereinafter "Stipulation") that allowed Valerie to continue to attend school in Mother's school district but granted Father additional physical custody time with Valerie. A true and correct copy of a letter from Father's attorney, Diane Dils, Esquire dated August 8, 2006 informing the Court that the parties had reached a full and complete agreement is attached hereto as Exhibit "B" and is incorporated herein as if fully set forth. 11. Father's counsel forwarded the Stipulation that was signed by both Father and Father's counsel to Mother's counsel on August 29, 2006, who received it on September 5, 2006. A true and correct copy of the August 29, 2006 letter is attached hereto as Exhibit "C" and incorporated herein as if fully set forth. 12. On September 7, 2006, Mother's counsel forwarded the Stipulation by letter to Mother, who returned the signed stipulation to her counsel on September 12, 2006. A true and correct copy of the Stipulation is attached hereto as Exhibit "D" and incorporated herein as if fully set forth. 13. Although the Stipulation has not been filed as an Order of Court, the parties have followed the terms of the Stipulation since their agreement on August 8, 2006. FATHER'S CURRENT ISSUE 14. In late July, Mother's husband's (hereinafter "Stepfather") car mechanically malfunctioned, rendering the car unusable. 15. On approximately seven occasions thereafter, Mother drove Stepfather to work while Valerie and Mother and Stepfather's son, Loki, remained asleep at the Graser home. 16. Mother left the children alone briefly because she was going to be gone for a very short time, did not want to wake the children and did not believe she was doing anything wrong. 17. On each occasion, Mother left the house at approximately 6:20 A.M. and returned to the house at approximately 6:40 A.M. 18. Valerie has a cell phone and was able to call Mother at any time if a problem occurred while Mother was gone. 19. On September 6, 2006, Mother received a phone call from Lancaster County Children and Youth employee Mr. Goods who informed Mother that Father had filed a complaint against Mother alleging that Mother was leaving Valerie and Loki alone. 20. Mr. Goods informed Mother that Children and Youth were not going to open an investigation based upon Father's complaint because there is no law prohibiting a parent from leaving a child alone, but he recommended that Mother not leave the children alone. 21. Early morning on September 7, 2006, Stepfather saw who he believed to be Father sitting in his car in the neighbor's yard watching Mother's home. 22. Mother and Stepfather got in their car and drove around the block to see if it truly was Father sitting in the neighbor's yard and confirmed that it was Father. 23. Upon returning to their home, Mother remained in the car and Stepfather got out of the car to confront Father. 24. Soon after, two Mount Joy Borough Police Officers arrived at Mother's home in response to Father's complaint that Mother was leaving the children alone while she drove Father to work. 25. Mother informed the police officers that she had received a call from Lancaster County Children and Youth the night before, but that she had been told that no case was being opened because she was not doing anything illegal. 26. One of the police officers told Mother that he did not believe her and that if he received a call that she had left the children alone again, he would take them from her. 27. Mother has not left the children alone since September 7, 2006 and will not do so again. FATHER'S LANCASTER COUNTY COMPLAINT 28. On September 8, 2006, Mother received a Complaint in Custody that Father filed pro se and without his attorney's knowledge in Lancaster County on September 7, 2006 that included an Order scheduling an Emergency Custody Hearing for September 12, 2006 before the Honorable Henry S. Kenderdine, Jr. A true and correct copy said Custody Complaint is attached hereto as Exhibit T" and incorporated herein as if fully set forth. 29. Prior to the Emergency Custody Hearing, Mother's counsel spoke to Father's counsel who stated that she had nothing to do with the filing of the Custody Complaint in Lancaster County and had told Father after the fact that she would not represent him in Lancaster County and would not do anything to disturb the parties' stipulation because they had agreed to it in good faith. 30. Mother attended the Emergency Custody Hearing on September 12, 2006 at 9:00 A.M. 31. Father failed to appear at the hearing. 32. Judge Kenderdine entered an order granting Mother's request to dismiss Father's complaint and confirm jurisdiction in Cumberland County. FATHER'S CURRENT CONTEMPT OF CUSTODY ORDER 33. At approximately 10:00 A.M. on September 12, 2006, Mother retrieved a voicemail from Father stating that he unilaterally was deciding to remove Valerie from school at Donegal Springs Elementary School and that he had called her school and they were going to send her "paperwork" to him so that she could do her school work at Father's home until she could be enrolled in school in Father's school district. 34. Father's voicemail also told Mother that he was not going to return Valerie to Mother's custody as required under both the Agreed Order and Stipulation. 35. Mother's counsel was contacted by Father's new counsel, Jeffrey Engle, Esquire, regarding Father's custody concerns and requested that Mother's counsel provide Father's counsel with a letter confirming that Mother would not leave Valerie alone again while she is in Mother's custody, which Mother's counsel faxed to Father's counsel immediately. A true and correct copy of the letter dated September 12, 2006 is attached hereto as Exhibit T" and is incorporated herein as if fully set forth. 36. Regardless of Mother's attempts to cooperate with Father and Father's counsel's demands, Father did not return Valerie to Mother's custody on September 12, 2006, as required by the Agreed Order and the Stipulation, and Valerie did not attend school again on September 13, 2006. 37. Late afternoon on September 12, 2006 Father's counsel faxed a letter to Mother's counsel confirming that Father unilaterally was going to continue to keep Valerie from attending school and deprive Mother of her custodial right. Father's counsel's fax also included a Petition for Special Relief and a Petition for Modification of Custody that he allegedly was going to file with this Court. A true and correct copy of the letter dated September 12, 2006 is attached hereto as Exhibit "G" and incorporated herein as if fully set forth. 37. Father is in contempt of the Agreed Order, which is the current Order of Court, and the Stipulation in that he: a. failed to discuss his desire to change the custody schedule with Mother in March 2006 and presently prior to filing a Petition for Modification; b. failed to make an appointment for Mother and himself with Anthea Stebbins prior to filing a Petition for Modification; C. unilaterally chose to remove Valerie from school at Donegal Springs Elementary School; and d. failed to return Valerie to Mother's custody on September 12, 2006 as required by both the Agreed Order and the Stipulation. 38. Mother has incurred and will continue to incur needless counsel fees and costs of more than $1,000 in the defense against Father's Lancaster County custody complaint and in the preparation and presentation of this Petition. WHEREFORE, Mother respectfully requests that this Court enter an Order a) finding Father in contempt of the current custody order; b) affirming Mother's primary physical custody of the child in accordance with the Agreed Order dated August 12, 2004 C) requiring Father to return Valerie to Mother's custody immediately in order to compensate her for the custodial time missed; d) requiring Valerie to return to school at Donegal Springs Elementary School on September 14, 2006 and will continue to attend said school until further Order of Court; and e) requiring Father to reimburse Mother for the reasonable counsel fees and costs incurred in the defense against the Lancaster County custody complaint and the preparation and presentation of this Petition. Respectfully submitted, Pamela L. Purdy Counsel for Defendant Dated: September 13, 2006 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: gv?? 13 ZED DAMN Y P. ANDERSON, : IN THE COURT OF COMMON PLEAS Phdnw : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004524 Civil 'Term JENNIFER I» ANDERSON, :CIVIL ACTION-LAW Defendant : IN CUSTODY OF COURT AND NOW, this fz " _ day of •» ''' ?? 2004, the parents, having reached an agreement regarding custody and the best interests and welfare of their minor child, VALERIE E. ANDERSON, born January 10, 1999, IT IS HEREBY ORDERED AND DECREED as follows: 1. The parents shall share joint legal custody of VALERIE. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining andfollowing an harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neither parent shall attempt to alienate the eons of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having Physical custody, With regard to any emergency deosions which must be made, the parent having physical custody of the child 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. In accordance with 23 Pa.C,S.A. Section 5309, each : parent shall be entitled to complete and full t? ? 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 primary Physical Custtody of the minor child, with the child attending MOTHER's school in the Conestoga Valley School District. Cureu*l MOTHERworks on Saturday, Sunday and Monday, and FATHER works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents shall notify the other if their work schedule permanently changes. CUSTODY DURING THE SCHOO . YT? AD MOTHER shall have custody from Sunday evening by 7;00 P.M. when FATHER returns the minor child to MOTHER's home, until Friday after school when MOTHER brings the child to FATHER's home. If Monday is a school holiday, FATHER shall return the child on Monday evening by 7:00 P.M. FATHER shall have custody from Friday after school until Sunday evening (or Monday if there is a school holiday) by 7:00 p.m. FATHER. shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening per week with prior notice to MOTHER. If there is a school holiday on Tuesday, Wednesday, Thursday or Friday, FATHER shall have the minor child if he is not working. If the school holiday falls on a Friday and if FATHER is not working on Friday, he shall pick up the minor child the Thursday before the holiday by 7.oo p.m. MOTHER shall have an occasional weekend with the minor child with prior notice to FATHER- MOTHER shall enjoy custody of the minor child during her summer vacation I 1 i from school each week from Tuesday when she will pick up the child at FATHER's home by 1:oo p.m. , until Thursday when FATHER will Pick upthe child at MOTHMs home by 7- oo p.m. On alternate weeks, FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening with prior notice to MOTHER. FATHER shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Each parent shall have one uninterrupted week with the minor child during her summer vacation from school. MOTHER and FATHER shall give each other thirty days written notice of their chosen week. Either or both of the parents, with written notice to the other, may have an additional uninterrupted week during the summer proAding the parent will not be working during that week in the event both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. 3• H- UAYS: Christmas: In 2004 and in all even years thereafter, FATHER shall have the holiday from i:oo p.m. on Christmas Eve until 1:00 p.m. on Christmas Day, and MOTHER shall have the holiday from Y:oo p.m. Christmas Day until l:oo p.m. on December 26th. In 2005 and in all odd years thereafter, MOTHER shall have the holiday from 1:oo p.m. on Christmas Eve until 1:00 p.m, on Christmas Day, and FATHER shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 26th. The remainder of the minor child's Christmas vacation from school shall be divided with FATHER having the child 2/3 of the vacation, and MOTHER having the child 1/3 of the vacation. Valerie's Birthday; In 2005 and in all odd years thereafter, MOTHER shall have the child's birthday; and in 2006 and in all even years thereafter, FATHER shall have the child's birthday. The hours shall be from 9:0o a.m. until 9:0o p.m. unlessthe minor child is in school, in which case the hours will be after school until bedtime. 17manksgiving: In 2004 and in all even years thereafter, MOTHER shall have the holiday from 9:0o a.m. until 9:0o p.m. In 2005 and in all odd years thereafter, FATHER shall have the holiday from 9:00 a.m. until 9:00 P.M. Easter: In 2005 and in all odd years thereafter, MOTHER shall have the holiday from 9:00 a.m. until 9:0o p.m. In 2o06 and in all even years thereafter, FATHER shall have the holiday from 9:00 a.m. until 9:0o p.m. Mother's Day and Father's Day: MOTHER shall have Mother's Day and FATHER shall have Father's Day each year from 9:0o a.m. until 9:0o p.m. 4. The parents shall continue with Anthea Stebbins in co-parenting counseling once a month until Ms. Stebbins believes they no longer need to attend, or for nine months, whichever shall first occur. In the event either parent believes Valerie should be seen by the counselor, or either feels the custody schedule needs to be re-addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for both of them to attend. The parents shall each pay Y2of the fee which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, 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 child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9• Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence ofthe child and, to the extent passible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. io. This custody schedule can be altered or modified by the parents mutual agreement. ii. SUPPORT: The parents agree that they shall continue the Support order, dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania in which FATHER pays support to MOTHER in the amount of $272.99 per month. In addition, FATHER shall pay for the child's summer clothing, and MOTHER shall pay for the child's winter clothing. Both parents will pay so% of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that FATHER shall claim the minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and MOTHER shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. 12. 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; r Hono le Kevin A. Hess Distribution: For Plaintiff: Diane M. Dils, Esquire -1017 North Front Street, Hbg.17102 00 For Defendant: Maryann Murphy, Esquire - PMB 246, 4902 Carlisle Pike, Mech.` nn,,? OV.S glow P/*J ? T rr[ 7;F^ Z F, I= cJ FROM :DILS and DILS I ARTHUR K. OILS DIANE M. DILS FAX NO. :7172332567 ATTO NEYS AT LAW 1400 NORTH SECOND HARRISBURG, Via facsimile only - 240-6462 The Honorable Kevin. A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Aug. 08 2006 11:50AM P1 (FIRST FLOOR FRONT) 1VANIA 17102 8, 2006 RE: Danny P. Anderson vs. Jennifer L. Anderson No. 04-524 Civil Term (Custody) Dear Judge Hess: PHONE: (717) 233-e743 FAX: (717) 233-2567 I represent Danny P. Anderson; Jennifer L. Anderson is represented by Attorney Pamela L. Purdy. A Trial is scheduled for tomorrow, August 9, 2006, before your Honorable Court. This is to confirm my telephone conversation with your office this date that the parties have reached a full and complete agreement. It is respectfully requested that I be given an additional week to submit a signed Stipulation to your Honorable Court for en ry as an Order of Court. Hence, there is no need for the Trial scheduled for August 9, 2006. Thank you for your assistance in this matter. DMD/daf cc: Pamela L. Purdy, Esquire (via facsimile only - 221-8403) a . f 0(41 ? & - " ATTO NEYS AT LAW ti EP 0 5 1006 1400 NORTH SECOND STREET (FIRST FLOOR FRONT) HARRISBURG, PENNSYLVANIA 17102 ARTHUR K. DILS DIANE M. DILS ugust 29, 2006 Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 P.O. Box 11544 Harrisburg, PA 17108 PHONE: (717) 233-8743 FAX: (717) 233-2567 RE: Danny P. Anderson vs. Jennifer L. (Anderson) Graser Docket No. 2004-524 (Cumberland County) Dear Attorney Purdy: Enclosed is an original and one opy of fiilly executed Stipulation and Agreement in the above matter. Please obtain your client's signature on the same and return the original and the copy to me for filing with the Court. Once the Court has approved the Order, I will f rward a copy of said Order to you. very truh& yours, M. Dils DMD/daf Enclosures DANNY P. ANDERSON, Plaintiff vs. JENNIFER L. ANDERSON n/k/a JENNIFER L. GRASER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 524 Civil Term CIVIL ACTION - LAW IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this s?day of August 2006, the parents, having reached an agreement regarding custody and the best interest and welfare of their minor child, Valerie E. Anderson, born January 10, 1999, it is hereby Ordered and Decreed as follows: 1. The parents shall share joint legal custody of Valerie. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neither parent shall attempt to alienate the affections of the child from the other parent. Each party shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 child 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. In accordance with 23 Pa.C.S.A. §5309, each parent shall be entitled to complete and frill 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 the minor child, with the child attending mother's school district in the Donegal School District. For purposes of school, mother's address shall be utilized as the primary residence. Currently, mother works on Saturday, Sunday and Monday, and father works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents shall notify the other if their work schedule permanently changes. CUSTODY DURING THE SCHOOL YEAR Father will have custody from Friday evening after school until Monday morning at 7:15 a.m. when the parties shall meet at a halfway point between their homes, a specific location to be mutually agreed upon, and mother shall take the child to school. Father shall pick the child up from the school bus on Monday after 2 school and shall have custody until Tuesday morning at 7:15 a.m. when the parties shall again meet at a mutually agreeable halfway point. Mother shall have custody from Tuesday morning at 7:15 a.m. until Friday after school. If Monday is a school holiday, father shall have the minor child. If there is a school holiday on Tuesday, Wednesday, Thursday, or Friday, mother shall have the minor child. Mother shall have an occasional weekend with the minor child with prior notice to father and father shall not unreasonably withhold this request. CUSTODY DURING SUMMER VACATION Father shall enjoy custody of the minor child during her summer vacation from school each week from Friday at 7:00 p.m. until Monday at 7:00 p.m. Mother shall deliver the child to father's home on Friday evenings by 7:00 p.m. and father shall deliver the child to mother's home on Monday evenings by 7:00 p.m. Mother shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Mother shall have two uninterrupted weeks with the minor child during her summer vacation from school, said weeks shall be non-consecutive and mother shall give father thirty (30) days advance written notice of her chosen week. Father shall have one uninterrupted week with the minor child during her summer vacation from school. Father shall give mother thirty (30) days advance written 3 notice of his chosen week. In the event both parties choose the same week of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS Christmas: In 2004 and in all even years thereafter, father shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and mother shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 26"'. In 2005 and in all odd years thereafter, mother shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and father shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 26"' The remainder of the minor child's Christmas vacation from school shall be divided with father having the child one-half ('/z) of the vacation and mother having the child one-half (1/z) of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, mother shall have the child's birthday and in 2006 and in all even years thereafter, father shall have the child's birthday. The hours shall be from 9:00 a.m. until 9:00 p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2005 and in all odd years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m. 4 Easter: In 2005 and all odd years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2006 and in all even years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m. Mother's Day and Father's Day: Mother shall have Mother's Day and father shall have Father's Day each year from 9:00 a.m. until 9:00 p.m. 4. The parents shall continue with Anthea Stebbins or another- mutually agreed upon counselor with their co-parenting counseling and/or any concerns which they have that pertain to their minor daughter. The parents hereto agree that they shall continue to attend co-parenting counseling on a regular basis either every six weeks, or if it is felt that it is not necessary after six weeks, the parties agree that they shall attend co-parenting counseling and schedule an appointment every two months. The parties hereto agree that they shall continue with the schedule for co-parenting counseling for two years, until August 2008, and at that time, the parties shall re-evaluate whether additional co-parenting counseling is needed at all or on as frequent as a basis as set forth above. The parties will attempt to make this decision on their own and if they are unable to do so, they shall address the decision with the counselor whom they are utilizing at that time. The parties hereto agree that they shall schedule a co-parenting counseling session earlier than every six weeks or two months if there are concerns regarding major decisions concerning their daughter, including all shared legal aspects, if they are unable to communicate concerning these 5 matters. The parties hereto agree that if father is late for his work on Monday or Tuesday mornings during the school year, more than fifty percent of the time that they shall return to co-parenting counseling and cooperate with the scheduling of an appointment immediately. The parties shall each pay one-half of the fees which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorization so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with. regular custodial periods. 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 6 r i 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. 10. This custody schedule can be altered or modified by the parent's mutual agreement. 11. SUPPORT: The parents agree that they shall continue the Support Order dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania, in which father pays support to mother in the amount of $272.99 per month. 7 r r In the event either party requests a calculation of the child support obligation, the parties hereto agree that for support purposes, they share physical custody on a fifty/fifty basis. Both parents will pay fifty percent (50%) of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that father shall claim the minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and mother shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. This Order shall replace and supersede any and all prior Custody Orders 12. and shall remain in full force and effect pending fiirther Order of Court. WITNESS WHEREOF, the parties hereto have signed their hands and IN seals the day and year first above written. Pamela L. Purdy, Esquire iane A Dils, Esquire ?` _-----?? ???(SEAL) /? nifer L.'Anderson, n/k/a ? Jennifer Graser/q i Danny P t/44SEAL) 8 I • No. CI- Plaintiff vs. Defendant COMPLAINT F 1. The Plaintiff is y,r WXASTER, PA IAL CUSTODY)(VISITATI ? (name), residing at &-5- AIA?P(. (address) 2. T? e Defen ant is (name), residing at f!' C trig ?...1 y' e l T (address) 3. Plaintiff seeks (cu s tody) (partial physical custody)(visitaticn) of the following !hild/ren: Name Present Residence 7L y? ? ???)r,? ? :ST Age The child/ren (was 4r?las o born out of wedlock. The child/ren (is)(are) presently in the custody of (n .?,/r, ame) who resides Fled i J? S Lt 'U Ale-4 /'/ (address). During the past five (5) years, the child/ren (has)(have) resided with the following 1/ZZ 147 f J IN THE COURT OF COMMON PLEAS OF LANCASTER1SS§VANIA CIVIL ACTION - LAW ?ejl FORM i persons and at the following addresses: (List all Persons) Z),elliv Aoi,l The mother of the child/ren is (List all Addresses) (Dates) 5e,-- ????? , currently residing at 3P'. c? S ,cG?r,7` T (mother's address). She is (married divorced)(single). The father of the chiid/ren is wer5e-,.,) currently residing at 17? Y3 S .'f?i?i? t?icj?i (father's address). He is married. m4. The relationship of the Plaintiff to the child/ ren is that of Cl 116? The Plaintiff currently resides with the following persons: Name Relationship ."// 5. The relationship of the Defendant to the child/ren is that of 116 A ? The Defendant currently resides with the following persons: 2 rORU 1 6. Plaintiff (has)(has not) participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child/ren in this or another court. The court, term and number, and its relationship to this action is Ze-114k7! Plaintiff (has)(has no) information of a custody proceeding concerning the children pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: Plaintiff (knows) oes not know f a person not a party to the proceedings who has physical custody of the child/ren or claims to have custody or visitation rights with respect to the children. The name and address of such person is: 7. The best interest and permanent welfare of the child/ren will be served by granting the relief requested because (set forth facts showing that the granting of the relief requested will be in the best interest and permanent welfare of the child/ren). //!E'ie is????? CCCr. D.^rl' I` &A je-f<frr?7 Cvtt1 XT41Fii, c,? ale c j. L'd? s1rA /? G C4,J"Acfy. Cn re Wa v SCSI) /7J ?f'i? f ?L fJ c` E Ti c(f l? ?, 4 f`f o f'.F f till7e' ; j 4e -re rl?1 lc?` Tew. r, e c ifs ?S" q e `i e ??y?''4S G?/v S' ?lr'(??TG?4 ??c? i(G ell' Cyr SC',^ ?` TT ?? '711W Cl (/ /4 ? /r q)- h- e4 FORM I f??l Ur",! I?e'?^ C /l ? a2'G? f? C? Cd 1`, ?!f `i t ?'1lJt 1 e" 16 e" . Tc/7/7"'fie Ae Jol? e Llh Q T,?ll Gf e°-/1 e??C f?lJ 0,7 t(ii ?hCiSJ`t?cf? A e-. 014 'rI ??s,? C'I,5,rGn t?!'I(.?, ?v ?/ ???'Sti?? ?C ,f -e 7 cc 47 1 . , , . N, Cl ?y I ?- \. .. 1 J ` l ^1 C13 cx? c--) cn 0.1 ?. o a r.acn parent whose parental rights to the child/ren have not been terminated and he person who has physical custody of the childlren have been named as parties to this action. 4LL other persons, named below, who are known to have or claim a right to custody or visitation I )f the childlren have been given notice of the pendency of this action and the right to intervene: Name Address Basis of claim WHEREFORE, Plaintiff requests the Court to grant &(h)(her) (partial) rimary physical I :ustody of the child/ren. )ated: J 2 &M /G By: Ahl rh, erA, le ?r ?I laintif efendant) e ?.(Address) 7C' 3 (Address) 3-t4 (Telephone No.) 4 FORM 1 f < < l I verify that the statements made in this Complaint are true and correct. I ui false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relat unsworn falsification to authorities. DATE 5 Plainti FORM 1 r I . i % a :Re'`wr" '. E3 i' ?{j'Sy?2 °a" d'sa`,? i:R,: ??•e:: q"3 i e"77+R+T?'4..,. COW { `6d??k?1;[. il.\'NJiV Date: Tuesday September 12, 2006 ^t"` A. rtn s x i Judge: Judge Kenderdine Court t{ooni 7 1 • Y 1 PAMELA L. PURDY I ATTORNEY AT LAW plpurdy@piirdylawoffice.com 115 Pine Street, Suite 100 P.O. Box 11544 Harrisburg, Pennsylvania 17108 P (717) 221-8303 F (717) 221-8403 September 12, 2006 Jeffrey Engle, Esquire Shaffer & Engle 129 Market Street Millersburg, PA 17061 Re: ANDERSON V. GRASER Dear Jeff: As per our telephone conversation, this letter is to confirm that Valerie Anderson will not be left alone while in Mrs. Graser's custody, and has not been left alone since Mr. Anderson expressed his concern to Mrs. Graser. In addition, I am requesting confirmation prior to 2:00 P.M. this afternoon that Mr. Anderson will return Valerie to Mrs. Graser's custody per the August 12, 2004 order by 4:00 P.M. this afternoon. If I do not hear from you by then, I will file an emergency petition with the Cumberland County Court. I also refer you to paragraph 4 of the August 12, 2004 order that states that "[!In the event either parent believes Valerie should be seen by the counselor, or either feels the custody schedule needs toe be re- addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for both of them to attend." If Mr. Anderson wants to address the custody issue further, we expect that he will use the process agreed to by the parties. I look forward to hearing from you this afternoon. Sin ere 'y yours, Z Pamela L. Purdy Ili 11i NO- 1 dIuMM?I' F P?- Se P. 12. 20,06 3:58PM Shaffer & Engle Law Firm No. 3770 P. 1 S. H A F E E R E N G L E LAW OFFICES September 12, 2.o06 VIA FACSIMILE 717-221-8405A Pamela L. Purdy,.Esquire 115 Pine Street, suite 100 Harrisburg, PA 17101. Re:, Anderson v. Graser No. 2004-524; Cumberland County Dean Attorney Purdy: Please be advised that, after discussing the return of Valerie to your client, my client is not in agreement with doing so. I understand your client's request to abide by the August 12, 2004 Order, however, my client cannot, in good conscience, maintain the current custody schedule. Based upon zany client's knowledge of Ms. Graser's behavior, he feels that the child is in danger and her best interest would be served by him maintaining primary physical custody, of the child. Accordingly, I will be filing a Petition for Special Relief with the Court and a Complaint for Modification of Custody. . While I,understand that the parties did have a tentative custody stipulation, certainly your client's actions have, caused a serve erosion of my client's confidence. My client indicates that he signed the Stipulation some time in the middle of August and Ms. Dils confirms this. Tshhply do not understand why it took your client approximately three (3) weeks to sign a Custody Stipulation that should have been signed within a week of my client's signature. This to me is disconcerting. If any questions or concerns, please advise. JBE/mew Enclosure Copy: Danny Anderson ALLEN SHAFFER. ESQUIRE ¦ JEFFREY B_ ENGLE, ESQUIRE • DALE K KETNER, ESQUIRE CONSTANCE E, STONEROAD, LEGAL ASSISTANT ¦ MELISSA E. WISE, PARALEGAL SEP-12-2006 15:58 From:717 692 3554 ID:PURDY LAW OFFICE Pase:001 R=100% Very truly yours, • t CERTIFICATE OF SERVICE The undersigned certifies that on the 13th day of September, 2006 a true and correct copy of the foregoing Petition for Special Relief and Contempt of Custody Order was served by facsimile upon the following: Jeffrey B. Engle, Esquire Shaffer & Engle 129 Market Street Millersburg, PA 17061-1308 Pamela L. Purdy, Esqui Of Counsel for Defendant Jeff-rey B. Engle, Esquire ID # 76644 SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17061 717.692.2345 * phone 717.692.3554 *Jax jeff@shgfferengle.com DANNY P. ANDERSON, Plaintiff/Petitioner VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2004-524 Civil Term JENNIFER L. ANDERSON, n/k/a CIVIL ACTION - LAW JENNIFER L. GRASER, IN CUSTODY Defendant/Respondent PETITION FOR CUSTODY MODIFICATION AND NOW, this ! day of September, 2006, the following Complaint for Custody Modification is presented by Plaintiff, Danny P. Anderson, by and through his attorney, Jeffrey B. Engle, Esquire, and respectfully requests This Honorable Court grant a custody conciliation, and in support thereof, the following is averred: 1. The Plaintiff is Danny P. Anderson, is an adult individual currently residing at 645 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Jennifer L. Anderson, n/k/a Jennifer L. Graser, an adult individual who resides at 203 Frederick Street, Mt. Joy, Lancaster County, Pennsylvania 17552. 3. The Plaintiff is the natural father of subject minor child, Valerie E. Anderson, age 7, DOB 1/10/99. 4. The Defendant is the natural mother of the subject minor child, Valerie E. Anderson, age 7, DOB 1/10/99. Pursuant to the Order of Court entered on August 12, 2004, the parties have shared primary physical custody of the minor child. (See copy of Order attached hereto as Exhibit 1.) 6 A prior Petition to Modify Custody was filed on or about March 7, 2006, by Petitioner's former counsel, Diane M. Dils, Esquire. 7. It is believed and therefore averred, that the Petitioner had signed a Stipulation and Agreement with respect to the Petition to Modify in August of 2006. However, as of date, the Respondent has not signed a Stipulation of the parties. (See true and correct copy of the Stipulation of parties to be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, attached hereto as Exhibit 2). It is believed and therefore averred, that on various dates beginning in July of 2006, the Respondent has left the minor child at her residence unattended for periods in excess of forty (40) minutes. 9. It is believed and therefore averred, that the Respondent was advised by Lancaster County Children & Youth not to leave any minor children at home alone. (See a true and correct copy of Mt. Joy Borough Police Department Incident Report attached hereto as Exhibit 3). 10. It is also believed and therefore averred, that on the following day, September 7, 2006, despite warnings to the contrary by Children &Youth, the Respondent again left both the subject minor child and her other natural child, not of the Petitioner, at home alone once more. 11. It is believed and therefore averred, that the Respondent has left the minor child at home alone on times previously, based upon the Father's discussion with the minor child. (See Exhibit 3 attached hereto). 12. It is believed and therefore averred, that it is in the best interest of the child to remain in the Father's primary physical custody pending modification of the Custody Order that was entered on August 12, 2004. 13. It is believed and therefore averred, that the Mother presents a serious threat to the health, safety and welfare of the minor child. 14. Plaintiff has not participated as a party or witness, or in another capacity in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 15. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 16. The best interest and permanent welfare of the child will be served by granting the relief requested. WHEREFORE, the Plaintiff, Danny P. Anderson, respectfully requests that This Honorable Court grant a Custody Conciliation Conference in the above captioned case. Respectfully submitted, DATED: 3,/ /oz SHAFFER & ENGLE LAW OFFICES Sep 12 06 01:44p Sep. 12. 2006 11:35AM Shatier & Engle Law Fiim VERIFICATION p.2 ND, vqb r, ? I verify that the averments in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. s /z, zaoE DANN Y P. ANDERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2004-524 Civil Term JENNIFER L. ANDERSON, : CIVIL ACTION-LAW Defendant : IN CUSTODY AND NOW, this 12'v day of G6- " . 2004, the parents, having reached an agreement regarding custody and the best interests and welfare of their minor child, VALERIE E. ANDERSON, born January lo, iggg, IT IS HEREBY ORDERED AND DECREED as follows: i. The parents shall share joint legal custody of VA i-R M. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training 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 child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child Neither parent shall attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 child 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. In accordance with 23 Pa.C.S.A. Section 53og, 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 primary physical custody of the minor child, with the child attending MOTHER's school in the Conestoga Valley School District. Currently, MOTHER works on Saturday, Sunday and Monday, and FATHER works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents shall notify the other if their work schedule permanently changes. MOTHER shall have custody from Sunday evening by 7:0o p.m. when FATHER returns the minor child to MOTHER's home, until Friday after school when MOTHER brings the child to FATHER's home. If Monday is a school holiday, FATHER shall return the child on Monday evening by 7:00 p.m. FATHER shall have custody from Friday after school until Sunday evening (or Monday if there is a school holiday) by 7:00 P.M. FATHER shall have the opportunity to see the minor child fbr a couple of hours after he leaves work one evening per week with prior notice to MOTHER. If there is a school holiday on Tuesday, Wednesday, Thursday or Friday, FATHER shall have the minor child if he is not working. If the school holiday falls on a Friday and if FATHER is not working on Friday, he shall pick up the minor child the Thursday before the holiday by 7:00 p.m. MOTHER shall have an occasional weekendwiththeminorchildwith prior notice to FATHER MOTHER shall enjoy custody of the minor child during her summer vacation from school each week from Tuesday when she will pick up the child at FA7HWs home by x:oo p.m., until Thursday when FATHER will pickup the child atMOTHER's home by 7- oo p.m. On alternate weeks, FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening with prior notice to MOTHER. FATHER shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Each parent shall have one uninterrupted week with the minor child during her summer vacation from school. MOTHER and FATHER shall give each other thirty days written notice oftheir chosen week Either or both ofthe parents, with written notice to the other, may have an additional uninterrupted week during the summer providing the parent will not be working during that week. In the event both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS: Christmas: In 2004 and in all even years thereafter, FATHER shall have the holiday from i:oo p.m. on Christmas Eve until 1:oo p.m. on Christmas Day, and MOTHER shall have the holiday from 1:oo p.m. Christmas Day until 1:oo p.m. on December 26th. In 2005 and in all odd years thereafter, MOTHER shall have the holidayfrom 1:oo p.m. on Christmas Eve until imo p.m. on Christmas Day, and FATHER shall have the holiday from i:oo p.m. on Christmas Day until 1:oo p.m. on December 26th. The remainder of the minorchgd's Christmas vacation from school shall be divided with FATHER having the child 2/3 of the vacation, and MOTHER having the child 1/3 of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, MOTHER shall have the child's birthday; and in 2oo6 and in all even years thereafter, FATHER shall have the child's birthday. The hours shallbefrom 9:0o a.m. until, 9: oo p.m. unless the minor child is in school, in which case the hours will be aver school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, MOTHER shall have the holiday from 9:0o a.m. until 9:0o p.m. In 2005 and in all odd years thereafter, FATHER shall have the holiday from 9:00 a.m. until 9:00 P.M. Easter: In 2005 and in all odd years thereafter, MOTHER shall have the holiday from 9:0o a.m. until 9:0o p.m. In 2006 and in all even years thereafter, FATHER shall have the holiday from 9:0o a.m. until 9:0o p.m. Mother's Day and Father's Day: MOTHER shall have Mother's Day and FATHER shall have Father's Day each year from 9:0o a.m. until 9:0o p.m. 4. The parents shall continue with Anthea Stebbins in co-parenting counseling once a month until Ms. Stebbins believes they no longer need to attend, or for nine months, whichever shall first occur. In the event either parent believes Valerie should be seen by the counselor, or either feels the custody schedule needs to be re-addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for both of them to attend. The parents shall each pay % of the fee which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, and shall appropriately notify the other parent of any changes in health or F1LED-0r Fi?E C,.F Tr? Z9541,?G 12 Pik 1:25' l.?i. ::iJiN F LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Danny P. Anderson DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JENNIFER L. ANDERSON n/Wa JENNIFER L. GRASER, Defendant NO. 2004 - 524 Civil Term CIVIL ACTION-LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2006, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby ORDERED that the attached Stipulation and Agreement of the Parties is incorporated herein and made an Order of Court. BY THE COURT: The Honorable Kevin A. Hess, Judge Distribution: Diane M. Dils, Esquire, 1400 North Second Street, Harrisburg, PA 17102 Pamela L. Purdy, Esquire, 115 Pine Street, Suite 100, Harrisburg, PA 17108 Ed WU£Z : i T 9992 IT '6 nU SI M PLAe SI M : WONJ DANNY P. ANDERSON, plaintiff vs. JENNIFER L. ANDERSON n/k/a JENNIFER L. GRASER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 524 Civil Term CIVIL ACTION - LAW IN CUSTODY STIPULATION AND AGMNWM OF THE PARTIES AND NOW, this day of August 2006, the parents, having reached an agreement regarding custody and the best interest and welfare of their minor child, Valerie E. Anderson, born January 10, 1999, it is hereby Ordered and Decreed as follows: 1. The parents shall share joint legal custody of Valerie. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neither parent shall attempt to alienate the affects of the child from the other parent. Each party shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 £d WUpp:11 9OW 11 '6nti L9SZ££ZLTL: 'ON XUA SIR[ PUP SIM: W08A having physical custody of the child 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. In accordance with 23 Pa.C.S.A. §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 primary physical custody of the minor child, with the child attending mother's school district in the Donegal School District. For purposes of school, mother's address shall be utilized as the primary residence. Currently, mother works on Saturday, Sunday and Monday, and father works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both .parents. Both parents shall notify the other if their work schedule permanently changes. CUSTODY DURING THE SCHOOL YEAR Father will have custody from Friday evening after school until Monday morning at 7:15 a.m. when the parties shall meet at a halfway point between their homes, a specific locition to be mutually agreed upon, and mother shall take the child to school. Father shall pick the child up from the school bus on Monday after 2 bd WUt Z : L t 900E 11 ' 6 nd L9SZ££ZZ Z L : 'OM XUA SI I Q Pu' Sl I Q : W08J school and shall have custody until Tuesday morning at 7:15 a.m. when the parties shall again meet at a mutually agreeable halfway point. Mother shall have custody from Tuesday morning at 7:15 a.m. until Friday after school. If Monday is a school holiday, father shall hive the minor child. If there is a school holiday on Tuesday, Wednesday, or Thursday, mother shall have the minor child. If a school holiday falls on a Friday and if father is not working on Friday, father may pick the child up at a mutually agreeable time on Friday. Mother.shall have an occasional weekend with the minor child with prior notice to father and father shall not unreasonably withhold this request. CUSTODY DURING SUMMER VACATION Father shall enjoy custody of the minor child during her summer vacation from school each week from Friday at 7:00 p.m. until Sunday at 7:00 p.m. Father shall pick the child up at mother's home on Friday evenings by 7:00 p.m. and mother shall pick the child up at father's home on Sunday evenings by 7:00 p.m. Mother shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Mother shall have two uninterrupted weeks with the minor child during her summer vacation from school, said weeks shall be non-consecutive and mother shall give father thirty (30) days advance written notice of her chosen week. Father shall have one uninterrupted week with.the minor child during her summer vacation from school. Father shall give mother thirty (30) days advance written 3 Sd WHSZ : I T 90OZ IT ' 6 rod, L9SZ££ZL T L : 'ON XUA S-I I Q Amp 511a: W08A notice of his chosen week. In the event both parties choose the same week of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS Christmas: In 2004 and in all even years thereafter, father shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and mother shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 26d'. In 2005 and in all odd years thereafter, mother shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and father shall have the holiday from 1:00 p.m. on Christmas bay until 1:00 p.m. on December 200. The remainder of the minor child's Christmas vacation from school. shall be divided with father having the child one-half (%) of the vacation and mother having the child one-half (%) of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, mother shall have the child's birthday and in 2006 and in all even years thereafter, father shall have the child's birthday. The hours shall be from 9:00 am. until 9:00 p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2005 and in all odd years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m 4 9d WHSZ:iZ 9902 11 '6r# 19SZ££ZLZL: 'ON XHJ SIIQ Pup Sl[Q: W08j Easter: In 2005 and all odd years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2006 and in all even years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m. MR her's Day and Father's Dsv: Mother shall have Mother's Day and father shall have Father's Day each year from 9:00 a.m. until 9:00 p.m. 4. The parents shall continue with Anthea Stebbins or another mutually agreed upon counselor with their co-parenting counseling and/or any concerns which they have that pertain to their minor daughter. The parents hereto agree that they shall continue to attend co-parenting counseling on a regular basis either every six weeks, or if it is felt that it is not necessary after six weeks, the parties agree that they shall attend co-parenting counseling and schedule an appointment every two months. The parties hereto agree that they shall continue with the schedule for co-parenting counseling for two years, until August 2008, and at that time, the parties shall re-evaluate whether additional co parenting counseling is needed at all or on as .frequent as. a basis as set forth above. The parties will attempt to make this decision on their own and if they are unable to do so, they shall address the decision with the counselor whom they are utilizing at that time. The parties hereto agree that they shall schedule a co-parenting counseling session earlier than every six weeks or two months if there are concerns regarding major decisions concerning their daughter, including all shared legal aspects, if they are unable to communicate concerning these 5 Ld WdSZ : IT 9WZ IT *"U L9S=ZL Z L : 'ON XUJ SI M Pine SI M : WOad matters. The parties hereto agree that if father is late for his work on Monday or Tuesday mornings during the school year, more than fifty percent of the time that they shall return to co-parenting counseling and cooperate with the scheduling of an appointment immediately. The parties shall each pay one-half of the fees which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorization so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 6 Bd WIC : T Z 9002 IT ' 6 nU Z9szmzz l ON XU-1 S11 a Pue SI M : W08A 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. 10. This custody schedule can be altered or modified by the parent's mutual agreement. 11. SUPPORT: The parents agree that they shall continue the Support Order dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania, in which father pays support to mother in the amount of $272.99 per month. 7 6d WH9Z:TZ 9" iZ '6ru L9G=zLiL: TN XHI S'IIQ Pue SlIa: Wodd In the event either party requests a calculation of the child support obligation, the parties hereto agree that for support purposes, they share physical custody on a fifty/fifty basis. Both parents will pay fifty percent (50%) of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that father shall claim the, minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and mother shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. 12. 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. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year fast above written. Pamela L. Purdy, Esquire Diane M. Dils, Esquire (SEAL) Jennifer L. Anderson, n/k/a Jennifer L. Graser (SEAL) Danny P. Anderson 8 Old MLE:11 900E LT '6nU L9SE££E4ZL: 'ON XU-A SIIQ pup SIM W08i p 12 06 01:46p MOUNT JOY BOROUGH POLICE DEPARTMENT INCIDENT REPORT p.1 INCIDENT NO. DATE RECEIVED: TIME RECEIVED: TIME ARRIVED: TAlE COMPLETED: 2006 MJ-01765 09-07-06 06-10 06:12 06:35 LOG NO. DATE OCCURRED: TIME OCCURRED: OFFICER(S) NAME: 9021 09-07-06 06:10 ENSMINGER Menke NATURE: NATURE CODE: CHANGED TO, NATURE CODE: Domestic 8815 LOCATION DISPATCHED: ACTUAL LOCATION: JURISDICTION: 203 Fro&ick St ADULT A = ADULT ARRESTEE / BIC - BICYCLIST / COMP - COMPLAINANT / DRV = DRIVER / GUARD - GUARDIAN PERSONS INVOLVED JUV - JUVENILE ARREST / KEY - KEYHOLDER/ KA - KNOW ASSOCIATE MISS / ADT - MISSING ADULT NOI - NAME OF INTEREST / OTH - OTHER / PAR - PARENT / PASS - PASSENGER / PED ° PEDESTRIAN 1 REP = REPORTEE JRUN -.RUNAWAY-MISSING / SUS - SUSPECT / VIC - VICTIM / WIT = WITNESS / ALIAS - ALIAS PERSON INVOLVED 140.1 CODE: FIR.STNANvtE: l IDDLENAME: LASTNAME: RACE: SEX c0MP Danmy T i Anderson can male ETHNICITY: RELA710MTO EVENT: DATE OFBIRTH: SOCIAL SECURITY # Father of one child 04-19-77 STREET #. STREETNAME: CITY: STATE: ZIP CODE: 645 Hummel Ave LcMoyne PA 17043 BUS. STR # BUSINESS STREET NAME: CITY: STATE: ZIP CODE: HOME PHONE # BUSINESS PHONE N CELLULAR PHONE # DRIVERS LICENSE # OTHER INFORMATION: 443-8356 PERSON INVOLVED NO: 2 CODE FIRST NAME: IMVMDLE NAME: I.AS?NAME: RACE: SEX: 5US T Jcmdfer Eraser Cau female ETHNICITY: RELATION TO EVENT: DATE OF BIRTH: SOCIAL SECURITY # mother of two cw ma 03-22-78 STREET # STREET NAME. CITY: STATE: ZIP CODE: 203 Fredrick SL Mount J Pa 17552 BUS. STR # BUSINESS STREET NAME: CITY: STATE: ZIP CODE: ROME PHONE # BUSINESS PHONE # CELLULAR PHONE # DRIVERS LICENSE # OTHER INFORMATION- 203-0504 PA 25266037 PERSON INVOLVED NO.3 CODE: FIRST NAME: MIDDLE NAME: LAST NAME: RACE: SEX: ETHNICITY: RELATION TO EVENT: DATE OF BIRTH: SOCIAL. SECURITY # STREET # STREET NAME: CITY: STATE: ZIP CODE: BUS. STR # BUSINESS STREET NAME: CITY: STATE: ZIP CODE: HOME PHONE # BUSINESS PHONE # CELLULAR PHONE # DRIVERS LICENSE # O VEHICLE #1 MAKE: MODEL: STYLE VIN# COLOR REG# STATE YEAR: OWNER NAME: OWNER ADDRESS: VALUE: PHONE # VEHICLE #2 MAKE: MODEL: STYLE. I VLN# COLOR: REG# STATE : YEAR OWNER NAME: OWNER ADDRESS: VALUE: PHONE# CASE STATUS FOLLOW UP REQUEST DISPOSITION CLEARED NONE CLEARED SUPERVISO$?,? REVIEW COMMENTS: DATE: ?c `'' Sep 12 06 01:45p MOUNT JOY BOROUGH POLICE DEPARTMENT CONTINUATION OF INCIDENT REPORT NARRATIVE 1765 09-07-06 2 p.5 I was called at the station by Danny Anderson who told me that his 7 yr old daughter who lives with his ex wife at 203 Fredrick St. has been telling him that Mommy lets her alone in the morning and goes and picks up her new husband at work This morning the complaint sat down the street and watched as they left and the children where not with her. The ex, Jennifer Graser also. has a 3 yr old at home to the new husband. As I was talking to him they came back and started walking towards him. Office Menke and myself went to the scene in time to see Jennifer backing up her car at a high rate of speed and her new husband walking up the street. I interviewed Jennifer and office Manke interviewed the comp. I asked Jennifer if she leaves the children home alone while she takes her husband to work She said yes for about 15 rains. and that CYA called her yesterday and they said that was OK, that age doesn't matter. I told her that I didn't believe her and if she leaves the children home alone again and I am called that I will take the children and place them into foster care. She was not happy with me and would look at me or answer me, so I left. I called CYA and talked to the case worker that called Jennifer yesterday. His story was a little different, He told her that she could not leave the children home alone that she had to pack them up and take them with her when she leaves the house for any period of time. I told him what happened this morning and he stated just to call them and they will come get the kids. DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004-524 Civil Term JENNIFER L. GRASER, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition for Custody Modification was sent by first class U.S. Mail to the following: Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 Harrisburg, PA 17101 Attorney for Defendant Date:--4 /13?' ,WAFFyER & EN( 129 Market Street Millersburg, PA 1 (717) 692-2345 1 W OFFICES 0 i f , t _1.7 '` k-j - Jeffrey B. Engle, Esquire ID # 76644 SHAFFER & ENGLE LAW OFFICES 129 Market Street Millersburg, PA 17o61 717.692.2345 * phone 717.692.3554 *fax jeff@shgfferengle.com DANNY P. ANDERSON, Plaintiff/Petitioner VS. JENNIFER L. ANDERSON, n/k/a JENNIFER L. GRASER, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 2004-524 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa. RULE OF CIV. PROC. 1915.13 AND NOW, this j day of September, 2006, the following Petition for Special Relief is presented by Petitioner, Danny P. Anderson, by and through his attorney, Jeffrey B. Engle, Esquire, and the following is averred: The Petitioner/Plaintiff is Danny P. Anderson (hereinafter referred to as "Father") who resides at 645 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Respondent/Defendant is Jennifer L. Anderson, n/k/a Jennifer L. Graser, (hereinafter referred to as "Mother") who resides at 203 Frederick Street, Mt. Joy, Lancaster County, Pennsylvania 17552. 3. The Mother is represented by Pamela L. Purdy, Esquire, 115 Pine Street, Suite 100, Harrisburg, PA 17101 (717-221-8303). 4. The Father is represented by the Law Firm of Shaffer & Engle, in particular, Jeffrey B. Engle, Esquire, 129 Market Street, Millersburg, PA 17061 (717-692-2345). A Custody Complaint seeking modification of the current Custody Order in place is being filed contemporaneously with this Petition for Special Relief. (See true and correct copy of current Custody Order dated August 12, 2004, entered before the Court of Common Pleas of Cumberland County, Pennsylvania, attached hereto as Exhibit 1). 6. A prior Petition to Modify Custody was filed on or about March 7, 2006, by Petitioner's former counsel, Diane M. Dils, Esquire. 7. It is believed and therefore averred, that the Petitioner had signed a Stipulation and Agreement with respect to the Petition to Modify in August of 2006. However, as of date, the Respondent has not signed a Stipulation of the parties. (See true and correct copy of the Stipulation of parties to be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, attached hereto as Exhibit 2). 8. The parties are the natural parents of Valerie E. Anderson, age 7, DOB 1/10/99 (hereinafter referred to as "Child"). 9. Pursuant to the Order of Court entered on August 12, 2004 (see Exhibit 1 attached hereto), the parties have shared primary physical custody of the minor child. 10. It is believed and therefore averred, that on various dates beginning in July of 2006, the Respondent has left the minor child at her residence unattended for periods in excess of forty (40) minutes. 11. It is believed and therefore averred, that the Respondent was advised by Lancaster County Children & Youth on September 6, 2006, not to leave any minor children at home alone. (See a true and correct copy of Mt. Joy Borough Police Department Incident Report attached hereto as Exhibit 3). 12. It is also believed and therefore averred, that on the following day, September 7, 2006, despite warnings to the contrary by Children &Youth, the Respondent again left both the subject minor child and her other natural child (age 3; not of the Petitioner) at home alone once more. 13. It is believed and therefore averred, that the Respondent has left the minor child at home alone on times previously, based upon the Father's discussion with the minor child. (See Exhibit 3 attached hereto). 14. It is believed and therefore averred, that it is in the best interest of the child to remain in the Father's primary physical custody pending modification of the Custody Order that was entered on August 12, 2004. 15. It is believed and therefore averred, that the Mother presents a serious threat to the health, safety and welfare of the minor child. WHEREFORE, the Petitioner/Plaintiff, Danny P. Anderson, respectfully requests that This Honorable Court enter an Order granting the following: A. Father is granted sole physical custody of the minor child pending the custody modification process; B. Mother is granted periods of supervised visitation with the minor child at the Father's address; and C. Mother shall be granted reasonable partial physical custody of the minor child as long as Mother can confirm the presence of a babysitter at her residence with the Father. DATED: l Respectfully submitted, SHAFFER & ENGLE LA Jeff I.D. 12.0 i4lille urg A P061 (717 692- Sep 12 06 01:44p Sep-12. 2006 11:35AM Shaffer & Engle Law Firm VERIFICATION p.3 No. 3144 Y. I .I verify that the averments in this Petition for Special Relief are true and correct. T understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswoni falsification to authorities. S l2 &f Da c DANN Y P. ANDERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :N0. 2004-524 Civil Term JENNIF= L. ANDERSON, : CIVIL ACTION-LAW Defeedaet : IN CUSTODY , 2004, the parents, having AND NOW, this /I " day of -• W, reached an agreement regarding custody and the best interests and welfare of their minor child, VAi KRIE E. ANDERSON, born January 10, 1999, IT IS HERENYORDERED AND DECREED as follows: i. The parents shall share joint legal custody of VALERIE. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training 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 child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child Neither parent shall attempt to alienate the affections of the child from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her child that could reasonaNybe expectedtobe of concern to the other. 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 child 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. In accordance with 23 Pa.C.S. k Section 53og, 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 primary physical custody of the minor child, with the child attending MOTHEWs school in the Conestoga Valley School District. Currently, MOTHERworks on Saturday, Sunday and Monday, and FATHERworks Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents shall notify the other if their work schedule permanently changes. CUSMDY DURING THE SCHOOL YEAR MOTHER shall have custody from Sunday evening by 7:00 p.m. when FATHER returns the minor child to MOTHER's home, until Friday after school when MOTHER brings the child to FATHER's home. If Monday is a school holiday, FATHER shall return the child on Monday evening by 7:00 p.m. FATHER shall have custody from Friday after school until Sunday evening (or Monday if there is a school holiday) by 7:00 p.m. FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening per week with prior notice to MOTHER If there is a school holiday on Tuesday, Wednesday, Thursday or Friday, FATHER shall have the minor child if he is not working. If the school holiday falls on a Friday and if FATHER is not working on Friday, he shall pick upthe minor child theThursday before the holiday by 7:00 p.m. MOTHER shall have an occasional weekendwiththe mmorchildwith prior notice to FATHER MOTHER shall enjoy custody of the minor child during her summer vacation from school each week from Tuesday when she will pick up the child at FATHEIVs home by i:oo p.m., until Thursday when FATHER will pick upthe child atMOTHER'shome byroo p.m. On alternate weeks, FATHER shall have the opportunity to see the minor child for a couple of hours after he leaves work one evening with prior notice to MOTHER. FATHER shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Each parent shall have one uninterrupted week with the minor child during her summer vacation from school. MOTHER and FATHER shall give each other thirty days written notice oftheir chosen week. Either or both of the parents, with written notice to the other, may have an additional uninterrupted week during the summer providing the parent will not be working during that week. In the event both parents choose the same week(s) of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS: Christmas: In 2004 and in all even years thereafter, FATHER shall have the holiday from i:oo p.m. on Christmas Eve until i:oo p.m. on Christmas Day, and MOTHER shall have the holiday from i:oo p.m. Christmas Day until i:oo p.m. on December 26th. In 2005 and in all odd years thereafter, MOTHER shall have the holiday from i:oo p.m. on Christmas Eve until i:oo p.m. on Christmas Day, and FATHER shall have the holiday from i:oo p.m. on Christmas Day until i:oo p.m. on December 26th. The remainder of the minor child's Christmas vacation from school shall be divided with FATHER having the child 2/3 of the vacation, and MOTHER having the child 1/3 of the vacation- Valerie's Birthday: In 2oo5 and in all oddyears thereafter, MOTHERshall have the child's birthday; and in 2oo6 and in all even years thereafter, FATHER shall have the child's birthday. The hours shall befrom 9:0o a.m. until 9: oo p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. r UMksgjving: In 2004 and in all even years thereafter, MOTHER shall have the 'rh holiday from 9:0o a.m. until 9:0o p.m. In 2005 and in all odd years thereafter, FATHER shall have the holiday from 9:00 a.m. until 9:0o p.m. Easter: In 2005 and in all odd years thereafter, MOTHER shall have the holiday from 9:0o a.m. until 9:0o p.m. In 2006 and in all even years thereafter, FATHER shall have the holiday from 9:0o a.m. until 9:0o p.m. Mother's Day and Father's Day: MOTHER shall have Mother's Day and FATHER shall have Father's Day each year from 9:00 a.m. until 9:00 p.m. 4. The parents shall continue with Anthea Stebbins in co-parenting counseling once a month until Ms. Stebbins believes they no longer need to attend, or for nine months, whichever shall first occur. In the event either parent believes Valerie should be seen by the counselor, or either feels the custody schedule needs to be re-addressed for Valerie's sake, they shall discuss this with each other and make an appointment with Anthea Stebbins that is mutually convenient for both of them to attend. The parents shall each pay A& of the fee which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, 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 child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. b. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 8. Fach parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. g. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent inthe presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. io. This custody schedule can be altered or modified by the parents mutual agreement. Ii. SUPPORT: The parents agree that they shall continue the Support Order, dated March ii, 2004, docketed to number 2004-00298 in uncaster County, Pennsylvania in which FATHER pays support to MOTHER in the amount of $272.99 per month. In addition, FATHER shall pay for the child's summer clothing, and MOTHER shall pay for the child's winter clothing. Both parents will pay so% of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that FATHER shall claim the minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and MOTHER shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. 12. 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: /7 );k Kevin A. Hess Distribution: For Plaintiff: Diane M. Oils, Esquire -1o17 North Front Street, Hbg. 17102 -1010120-1 Ma: 6C For Defendant: Maryann Murphy, Esquire -- PMB 246, 4902 Carlis19 Pike, Mech. Lgo5o -- ju PS&4tiAAaUY 910043 /n de P /*Y f .? 1 0--; n-c n "''. S Y 20PU 4 i', .G 12 Fri f' 2' CU, t :a?til•iJ?i ? ?'flti??'1 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUME Attorney ID. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff; Danny P. Anderson DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2004 - 524 Civil Term JENNIFER L. ANDERSON n/k/a JENNIFER L. GRASER, CIVIL AC'T'ION - LAW De&mdant IN CUSTODY ORDE OF CO RT AND NOW, this day of , 2006, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby ORDERED that the attached Stipulation and Agreement of the Parties is incorporated herein and made an Order of Court. BY THE COURT: The Honorable Kevin A. Hess, Judge Distribution: Diane M. Dils, Esquire, 1400 North Second Strcet, Harrisburg, PA 17102 Pamela L. Purdy, Esquire, 115 Pine Street, Suite 100, Harrisburg, PA 17108 Ed WMZ:iZ 90OZ 11 '6nti SjIQ pue S11a: WC381 DANNY P. ANDERSON, Plaintiff V64 JENNIFER L. ANDERSON n4da JENNIFER L. GR.ASER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 324 Civil Term CIVIL ACTION - LAW IN CUSTODY STIPULA'T'ION AND AGREEMENT OF THE PARTIES AND NOW, this day of August 2006, the parents, having reached an agreement regarding custody and the best interest and welfare of their minor child, Valerie E. Anderson, born January 10, 1999, it is hereby Ordered and Decreed as follows: 1. The parents shall share joint legal custody of Valerie. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after. discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neither parent shall attempt to alienate the affects of the child from the other parent. Each party shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 £d WbPZ:TT 9OZ TS '6nU L9=ZLTL: 'ON Mi.1 SIM pue SIM WMW having physical custody of the child 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. In accordance with 23 Pa.C.S.A. §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 primary physical custody of the minor child, with the child attending mother's school district in the Donegal School District. For purposes of school, mother's address shall be utilized as the primary residence. Currently, mother works on Saturday, Sunday and Monday, and father works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both. .parents. Both parents shall notify the other if their work schedule permanently changes. CUSTODY DUR[NG THE SCHOOL YE Father will have custody from Friday evening after school until Monday morning at 7:15 a.m. when the patties shall meet at a halfway point between their homes, a specific locition to be mutually agreed * upon, and mother shall take the child to school. Father shall pick the child up from the school bus on Monday after 2 bd WUtZ:TT 900? IT '6 i L9S?££ZLTL: 'ON AM SIM Pue S11a: 40213 school and shall have custody until Tuesday morning at 7:15 a.m. when the parties shall again meet at a mutually agreeable halfway point. Mother shall have custody from Tuesday morning at 7:15 a.m. until Friday after school. If Monday is a school holiday, father shall hive the minor child. if there is a school holiday on Tuesday, Wednesday, or Thursday, mother shall have the minor child. If a school holiday falls on a Friday and if father is not working on Friday, father may pick the child up at a mutually agreeable time on Friday. Mother shall have an occasional weekend with the minor child with prior notice to father and father shall not unreasonably withhold this request. CUSTODY DUIM SJWWR VACATION Father shall enjoy custody of the minor child during her summer vacation from school each week from Friday at 7:00 p.m. until Sunday at 7:00 p.m. Father shall pick the child up at mother's home on Friday evenings by 7:00 p.rn. and mother shall pick the child up at father's home on Sunday evenings by 7:00 p.m. Mother shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Mother shall have two uninterrupted weeks with the minor child during her sunitner vacation from school, said weeks shall be non-consecutive and mother shall give father thirty (30) days advance written notice of her chosen week. Father shall have one uninterrupted week with.the minor child during her summer vacation from school. Father shall give mother thirty (30) days advance written 3 Sd WUSZ:TZ 9W iT 16rd 1-9=ZLTL: 'ON XU3 siia Pue sim: woai notice of his chosen week. In the event both parties choose the same week of summer custody, the parent who gave first notice shall prevail. I MLDAYS Christmas: In 2004 and in all even years thereafter, father shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and mother shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 2e'. In 2005 and in all odd years thereafter, mother shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and father shall have the holiday from 1:00 p.m. on Christmas bay until 1:00 p.m, on December 26`h. The remainder of the minor child's Christmas vacation from school. shall be divided with father having the child one-half (%) of the vacation and mother having the child one-half (%s) of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, mother shall have the child's birthday and in 2006 and in all even years thereafter, father shall have the child's birthday. The hours shall be from 9:00 a.m. until 9:00 p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2005 and in all odd years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m 4 9d WtiSZ : T T 900E 11 '6nU L9?'£ZLTL : TH XHJ S? [ Q pue S1 I Q : 4021 Easter: In 2005 and all odd years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2006 and in all even years thereafter, lather shall have the holiday from 9:00 a.m. until 9:00 p.m. MgAer's Day and Father's Dar Mother shall have Mother's Day and father shall have Father's Day each year" from 9:00 a.m. until 9:00 p.m. 4. The parents shall continue with Anthea Stebbins or another mutually agreed upon counselor with their co-parenting counseling and/or any concerns which they have that pertain to their. minor daughter. The parents hereto agree that they shall continue to attend co-parenting counseling on a regular basis either every six weeks, or if it is felt that it is not necessary after six weeks, the parties agree that they shall attend co-parenting counseling and schedule an appointment every two months. The parties hereto agree that they shall continue with the schedule for co-parenting counseling for two years, until August 2008, and at that time, the parties shall re-evaluate whether additional co-parenting counseling is needed at all or on as frequent as a basis as set forth above. The parties will attempt to make this decision on their own and if they arc unable to do so, they shall address the decision with the counselor whom they are utilizing at that time. The parties hereto agree that they shall schedule a co-parenting counseling session earlier than every six weeks or two months if there are concerns regarding major decisions concerning their daughter, including all shared legal aspects, if they are unable to communicate conceming these 5 Ld WUGZ:TT 99W 11 '6n U 49_,2££Z1.TL: 'ON XHA SIIQ pue SlIQ: Wobw matters. The parties hereto agree that if father is late for his work on Monday or Tuesday mornings during the school year, more than fifty percent of the time that they shall return to co-parenting counseling and cooperate with the scheduling of an appointment immediately. The parties shall each pay one-half of the fees which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorization so that the other parent may obtain information from the child's schools, physicians, psychologists, or other. individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 6 8d Wti9Z:1Z 9002 11 '6nd L9-,Z£ ZLIL: "ON M-1 siIa Pu' slta: WOtdi 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandinother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. 10. This custody schedule can be altered or modified by the parent's mutual agreement. 11. SUPPORT: The parents agree that they shall continue the Support Order dated March 11, 20047 docketed to number 2004-00298 in Lancaster County, Pennsylvania, in which father pays support to mother in the amount of $272.99 per month. 7 6d WUM:11 900Z i1 '6r" LgG=&TL: 'UI XU-1 SIIQ We SIIQ: WMA In the event either party requests a calculation of the child support obligation, the parties hereto agree that for support purposes, they share physical custody on a fifty/fifty basis. Both parents will pay fifty percent (50%) of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that father shall claim the. minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and mother shall claim the minor child as an exemption on her income tax returns in 2405 and in all odd years thereafter. 12. This Order shall. replace and supersede any and all prior Custody Orders and shall remain in full force and effect pending fin Cher Order of Court. IN WITNESS WHEREOF, the paints hereto have signed their hands and seals the day and year first above written. Pamela L. Purdy, Esquire (SEAL) Jennifer L. Anderson, n/k/a Jennifer L. Graser Diane M. Dils, Esquire (SEAL) Danny P. Anderson 8 S-11(1 P SIYQ: ??D?J? 0td WftiLZ:it 9002 11 '6rd L9?ZLSL: TN XHJ p 12 06 01:46p MOUNT JOY BOROUGH POLICE DEPARTMENT INCIDENT REPORT p.1 INCIDENT NO 2006 MJ-01765 DATE RECEIVED: 09-07-06 TIME RECEIVED: TIME ARRIVED: 06-10 06:12 TIME COMPLETED: 06:35 LAG NO. DATE OCCURRED : 9021 09-07-06 TIMEOCCURRED: 06:10 OFFICER(S) NAME: ENSM1NGER Manke NATURE: Domestic NATURE CODE: 8815 CHANGED TO. NATURE CODE: LOCATION DISPATCHED: 203 Fredrick St ACTUAL LOCATION: JURISDICTION: PERSONS INVOLVED ADULT A = ADULT ARRESTEE / BIC - BICYCLIST 1 COMP - COMPLAINANT / DRV = DRIVER / GUARD - GUARDIAN JUV = JUVENILE ARREST / KEY = KEYHOLDER / KA - KNOW ASSOCIATE MISS / ADT - MISSING ADULT NOI - NAME OF IINTERF.ST / OTH - OTHER / PAR - PARENT / PASS - PASSENGER / PED - PEDESTRIAN / REP - REPORTEE JRUN = RUNAWAY-MISSING / SUS - SUSPECT / VIC - VICTIM/ WIT - WITNESS / ALIAS - ALIAS PERSON INVOLVED NO.1 CODE: COMP FIRST NAME: Danny MIDDLE NAME: P LAST NAME: Anderson RACE: can SEX male ETHNICITY: RELATION TO EVENT: Father of one child DATE OF BIRTH: 04-19-77 SOCIAL SECURITY # STREET #. 645 STREET NAME: Hummel Ave CITY: LcMoyne STATE: PA ZIP CODE: 17043 BUS. STR # BUSINESS STREET NAME: CITY: STATE: ZIP CODE: HOME PHONE # BUSINESS PHONE # CELLULAR PHONE # 443-8356 DRNERS LICENSE # OTHER INFORMATION: PERSON INVOLVED N0.2 CODE SUS FIRST NAME: Jennifer MIDDLE NAME: L LAST NAME: Glaser RACE: Cau SEX female ETIKIICITY: RELATION TO EVENT: mother of two children DATE OF BIRTH: 03-22-78 SOCIAL SECURITY # STREET # 203 STREET NAME: Fredrick SL CITY: Mount J STATE: Pa ZIP CODE: 17552 BUS. STR # BUSINESS STREET NAME: CITY: STATE: ZIP CODE: HOME PHONE # 203-0504 BUSINESS PHONE # CELLULAR PHONE # DRIVERS LICENSE # PA 25266037 OTHER INFORMATION- PERSON INVOLVED NO.3 CODE: FIRST NAME: MIDDLE NAME: LAST NAME: RACE: SEX ETHNICITY: 4 E ATTON TO EVENT: DATE OF BIRTH: SOCIAL SECURITY # STREET # STREET NAME: CITY: STATE: ZIP CODE: BUS. STR # BUSINESS STREET NAME: CITY: STATE: ZIP CODE: HOME PHONE # BUSINESS PHONE # CELLULAR PHONE # DRIVERS LICENSE # OTHER INFORMATION: VEHICLE A MAKE: MODEL: STYLE: VIN# COLOR REG# STATE : YEAR OWNER NAME: OWNER ADDRESS: VALUE: PHONE # VEHICLE #2 MAKE: MODEL: STYl7,F- VIN# COLOR REG# STATE : YEAR. I OWNER NAME: OWNER ADDRESS: VALUE: PHONE# CASE STATUS CLEARED FOLLOW UP REQUEST DOPOSITION NONE CLEARED SUPERVLS04_i?, ,? DATE: `'' s ?? R REVIEW COMMENTS: ??N Sep 12 06 01:45p p.5 MOUNT JOY BOROUGH POLICE DEPARTMENT CONTINUATION OF INCIDENT REPORT NARRATIVE 09-07-06 2 I was called at the station by Danny Anderson who told me that his 7 yr old daughter who lives with his ex-wife at 203 Fredrick St. has been telling him that Mommy lets her alone in the morning and goes and picks up her new husband at work This. morning the complaint sat down the street and watched as they left and the children where not with her. The ex, Jennifer Graser also has a 3 yr old at home to the new husband. As I was talking to him they came back and started walking towards him. Office Manke and myself went to the scene in time to see Jennifer backing up her car at a high rate of speed and her new husband walking up the street. I interviewed Jennifer and office Manke interviewed the comp. I asked Jennifer if she leaves the children home alone while she takes her husband to work She said yes for about 15 wins. and that CYA called her yesterday and they said that was OK, that age doesn't matter. I told her that I didn't believe her and if she leaves the children home alone again and I am called that I will take the children and place them into foster care. She was not happy with me and would look at me or answer me, so I left. I called CYA and talked to the case worker that called Jennifer yesterday. His story was a little different, He told her that she could not leave the children home alone that she had to pack them up and take them with her when she leaves the house for any period of time. I told him what happened this morning and he stated just to call them and they will come get the kids. 4 f DANNY P. ANDERSON, Plaintiff vs. JENNIFER L. GRASER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-524 Civil Term CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Petition for Special Relief was sent by first class U.S. Mail to the following: Pamela L. Purdy, Esquire 115 Pine Street,. Suite 100 Harrisburg, PA 17101 Attorney for Defendant Date: , Z4-? JeMey I.D. 6 SHAFF & E E LAW OFFICES ,YR 129 ket S Millersburg, PA 17061 (717) 692-2345 Cl? 'CK q Y \ r 'Y7 ? ^ J ..? ,? ? t i'E: a !TI C 1 DANNY P. ANDERSON, Plaintiff VS. JENNIFER L. ANDERSON n/k/a JENNIFER L. GRASER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 524 Civil Term CIVIL ACTION - LAW IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW, this9 day of August 2006, the parents, having reached an agreement regarding custody and the best interest and welfare of their minor child, Valerie E. Anderson, born January 10, 1999, it is hereby Ordered and Decreed as follows: 1. The parents shall share joint legal custody of Valerie. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody; of the child. Neither parent shall attempt to alienate the affections of the child from the other parent: Each party shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. 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 child 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. In accordance with 23 Pa.C.S.A. §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 the minor child, with the child attending mother's school district in the Donegal School District. For purposes of school, mother's address shall be utilized as the primary residence. Currently, mother works on Saturday, Sunday and Monday, and father works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both parents. Both parents shall notify the other if their work schedule permanently changes,` R USTODY DUMNG THE SCHOOL YEAR Father will have custody from Friday evening after school until Monday morning at 7:15 a.m. when the parties shall meet at a halfway point between their homes, a specific location to be mutually agreed upon, and mother shall take the child to school. Father shall pick the child up from the school bus on Monday after 2 school and shall have custody until Tuesday morning at 7:15 a.m. when the parties shall again meet at a mutually agreeable halfway point. Mother shall have custody from Tuesday morning at 7:15 a.m. until Friday after school. If Monday is a school holiday, father shall have the minor child. If there is a school holiday on Tuesday, Wednesday, Thursday, or Friday, mother shall have the minor child. Mother shall have an occasional weekend with the minor child with prior notice to father and father shall not unreasonably withhold this request. CUSTODY DURING SUMMER VACATION Father shall enjoy custody of the minor child during her summer vacation from school each week from Friday at 7:00 p.m. until Monday at 7:00 p.m. Mother shall deliver the child to father's home on Friday evenings by 7:00 p.m. and father shall deliver the child to mother's home on Monday evenings by 7:00 p.m. Mother shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Mother shall have two uninterrupted weeks with the minor child during her summer vacation from school, said weeks shall be non-consecutive and mother shall give father thirty (30) days advance written notice of her chosen week. Father shall have one uninterrupted week with the minor child during her summer vacation from school. Father shall give mother thirty (30) days advance written 3 notice of his chosen week. In the event both parties choose the same week of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS Christmas: In 2004 and in all even years thereafter, father shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and mother shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 26`x' In 2005 and in all odd years thereafter, mother shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and father shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 26th The remainder of the minor child's Christmas vacation from school shall be divided with father having the child one-half ('/2) of the vacation and mother having the child one-half ('/2) of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, mother shall have the child's birthday and in 2006 and in all even years thereafter, father shall have the child's birthday. The hours shall be from 9:00 a.m. until 9:00 p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004 and in all even years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2005 and in all odd years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m. 4 Easter: In 2005 and all odd years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2006 and in all even years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m. Mother's Day and Father's Day: Mother shall have Mother's Day and father shall have Father's Day each year from 9:00 a.m. until 9:00 p.m. 4. The parents shall continue with Anthea Stebbins or another mutually agreed upon counselor with their co-parenting counseling and/or any concerns which they have that pertain to their minor daughter. The parents hereto agree that they shall continue to attend co-parenting counseling on a regular basis either every six weeks, or if it is felt that it is not necessary after six weeks, the parties agree that they shall attend co-parenting counseling and schedule an appointment every two months. The parties hereto agree that they shall continue with the schedule for co-parenting counseling for two years, until August 2008, and at that time, the parties shall re-evaluate whether additional co-parenting counseling is needed at all or on as frequent as a basis as set forth above. The parties will attempt to make this decision on their own and if they are unable to do so, they shall address the decision with the counselor whom they are utilizing at that time. The parties hereto agree that they shall schedule a co-parenting counseling session earlier than every six weeks or two months if there are concerns regarding major decisions concerning their daughter, including all shared legal aspects, if they are unable to communicate concerning these 5 matters. The parties hereto agree that if father is late for his work on Monday or Tuesday mornings during the school year, more than fifty percent of the time that they shall return to co-parenting counseling and cooperate with the scheduling of an appointment immediately. The parties shall each pay one-half of the fees which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorization so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. During any period of custody or visitation, the parents, shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 6 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. 10. This custody schedule can be altered or modified by the parent's mutual agreement. 11. SUPPORT: The parents agree that they shall continue the Support Order dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania, in which father pays support to mother in the amount of $272.99 per month. 7 a . ; . In the event either party requests a calculation of the child support obligation, the parties hereto agree that for support purposes, they share physical custody on a fifty/fifty basis. Both parents will pay fifty percent (50%) of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that father shall claim the minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and mother shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. 12. 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. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. Pamela L. Purdy, Esquire iane M. Dl is, Esquire L-'??a?FAL) 8 /Xnnife?L! Anderson, n/k/a co CD DANNY P. ANDERSON, PLAINTIFF V. JENNIFER L. ANDERSON, n/k/a JENNIFER L. GRASER, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-0524 CIVIL TERM ORDER OF COURT /Y day of September, 2006, a hearing shall be conducted on the within petition for special relief and contempt in Courtroom Number 2, at 8:45 a.m., Monday, September 18, 2006, at which time Danny P. Anderson is ordered to appear. / e rey Engle, Esquire For Plaintiff Pamela L. Purdy, Esquire For Defendant :sal "-' ?, -_? ;??; ;? _ DANNY P. ANDERSON, PLAINTIFF V. JENNIFER L. GRASER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0524 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of September, 2006, following a hearing, IT IS ORDERED: (1) Danny P. Anderson, shall allow the mother, Jennifer L. Graser, to have Valerie Anderson, born January 10, 1999, for today, and later in the day, revert to the terms of stipulation and agreement for custody entered into by the parties on August 29, 2006. (2) The parties shall then follow the terms and conditions of the stipulation and agreement. (3) Danny P. Anderson is adjudicated in civil contempt. (4) Plaintiff may purge himself of civil contempt by strictly complying with the terms and conditions of the custody stipulation and paying Jennifer L. Graser the sum of $500 toward her counsel fees and costs not later than forty-five (45) days from this date. .'Jeffrey Engle, Esquire For Danny P. Anderson amela L. Purdy, Esquire For Jennifer L. Graser . j By ?ou Edgar B. Bayley, J. :sal xA? 0 r-' (" '(r T i ?'?'f i :y'f } . W ..... ? i.! ? r ._ DANNY P. ANDERSON, PLAINTIFF V. JENNIFER L. GRASER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-0524 CIVIL TERM ORDER OF COURT AND NOW, this L day of September, 2006, the issues raised in this petition for special relief were resolved on an order entered on September 15, 2006, following a hearing on the petition of Jennifer L. Graser for special relief. By the Court, 1 wreffrey Engle, Esquire For Danny P. Anderson /amela L. Purdy, Esquire For Jennifer L. Graser :sal - ' Edgar B. Bayley, J. 10 ?? ?. ? ?i ?? ? e? s) t .. K_ ..,? ?,?.. DANNY P. ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-524 CIVIL ACTION LAW JENNIFER L. ANDERSON N/K/A JENNIFER L. GRASER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 20, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, November 03, 2006 at 12:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Gree Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?s X'4V f q7,,, -70, o-e - s. _ ?.vn 16 :Z WA OZ d35 90OZ SEP 92006 f I3Y:__ _-- LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Danny P. Anderson DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004 - 524 Civil Term JENNIFER L. ANDERSON n/k/a JENNIFER L. GRASER, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z i day of j 2006, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby ORDERED that the attached Stipulation and Agreement of the Parties is incorporated herein and made an Order of Court. BY THE COURT: The Onorable Kevin A. Hess, Judge Distribution: Diane M. Dils, Esquire, 1400 North Second Street, Harrisburg, PA 17102 .Fmela L. Purdy, Esquire, 115 Pine Street, Suite 100, Harrisburg, PA 17108 x0e-M-1 &# - 0 O O V r\jv,A- ,SNNDd ? C :'v Wd ! Z 83S 90OZ AtV14N rlioG d 3Hi ?O X0116-03114 DANNY P. ANDERSON, Plaintiff VS. JENNIFER L. GRASER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-524 Civil Term CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTERIWITHDRAW APPEARANCE Kindly withdraw the appearance of Diane M. Dils, Esquire, as counsel on behalf of the Danny P. Anderson in the above-referenced matter. DATED: Flan M. Dils, Esquire ID # 71873 1400 N. Second Street Harrisburg, PA 17102-3317 (717) 232-9724 Kindly enter the appearance of Jeffrey B. Engle, Esquire, as attorney on behalf of the Plaintiff, Danny P. DATED: in the above-referenced mater. ,Mrke Mi ersbur (717) 692- Offices ;A 17061 45 .- DANNY P. ANDERSON, Plaintiff VS. JENNIFER L. GRASER, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-524 Civil Term CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe to Enter Appearance was sent by first class U.S. Mail to the following: Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 Harrisburg, PA 17101 Attorney for Defendant Date: LAW OFFICES 129 Ma&et S 17061 (717) 692-2345 :tt CD - W r x ? Cl DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2004-524 Civil Term JENNIFER L. ANDERSON, n/k/a CIVIL ACTION - LAW JENNIFER L. GRASER, IN CUSTODY Defendant/Respondent PRAECIPE TO THE PROTHONOTARY: Kindly withdraw the Petition for Custody Modification which was filed by the Plaintiff/Petitioner in the above-captioned matter on September 14, 2006. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES Date: it /C?_ Jei ID 717!692- Attorney 17061 laintiff/Petitioner DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2004-524 Civil Term JENNIFER L. ANDERSON, nik/a CIVIL ACTION - LAW JENNIFER L. GRASER, IN CUSTODY Defendant/Respondent CERTIFICATE OF SERVICE I, JEFFREY B. ENGLE, ESQUIRE, hereby certify that a true and correct copy of the foregoing Praecipe was sent by first class U.S. Mail to the following: Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 Harrisburg, PA 17101 Attorney for Defendant Melissa P. Greevy, Esquire 301 Market Street Lemoyne, PA 17043-1628 Custody Conciliator Date: Jeffrey B. I.D. #: V W OFFICES 129 Markel Str( Millersburg, 5 (717) 692-23 P 17461 - .? C ? ? c? ?-? .? -" _-: , ? ?J-' i ` i . ?'{? NOV IS 2006 DANNY P. AN ERSON, Plaintiff V. JENNIFER L (GRASER), NDERSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-524 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 2nd day of November, 2006, the parties having been advised t council that he as filed a Praecipe to Withdraw his Petition for Custody Modification, th Conciliator relinquishes jurisdiction of this matter. FOR THE lissa Peel Greevy, Esquire stody Conciliator y Father's Custody :286375 Dist: Jeffrey B. ngle, Esquire, 129 Market Street, Millersburg, PA 17061 t Pamela L. Purdy, Esquire, 115 Pine Street, Suite 100, Harrisburg, PA 17101 ?.? •; ,( ire }?1's? ...w.__. .. ?a , LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Plaintiff, Danny P. Anderson DANNY P. ANDERSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.200y 524 CIVIL TERM JENNIFER L. ANDERSON, a/k/a JENNIFER L. GRASER : CIVIL ACTION - LAW Defendant : IN CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this of March, 2008, comes the Plaintiff, Danny P. Anderson, by his attorney, Diane M. Dils, Esquire, and respectfully requests the following: 1. The Plaintiff is Danny P. Anderson, an adult individual currently residing at 645 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 1. 2. The Defendant is Jennifer L. Graser, an adult individual currently residing at 302 Birchland Avenue, Mt. Joy, Lancaster County, Pennsylvania 17552. 3. The Plaintiff and Defendant were previously married and as a result of said marriage, one child was born; namely: Valerie E. Anderson, born January 10, 1999. 4. Attached hereto and marked Exhibit "A" is an Order of Court dated September 21, 2006 wherein the attached Stipulation and Agreement was signed by the parties concerning the current custodial arrangement for the minor child. 5. Plaintiff, Danny P. Anderson, believes that the best interest of his daughter will be served by granting him primary physical custody at this time. 6. The Plaintiff, Danny P. Anderson, is better able to provide a stable environment for the minor child. 2. WHEREFORE, Plaintiff, Danny P. Anderson, respectfully prays Your Honorable Court to grant him primary physical custody of his daughter with partial custodial rights in the mother, Jennifer L. Graser. Respectfully submitted, BY:??? Diane M. Dils, Esquire 1400 North Second Street Date: 3/r/o e Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 LAW OFFICES OF DILS &.DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232.9724 Attorney for Plaintiff; Danny P. Anderson DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. JENNIFER L. ANDERSON n/k/a JENNIFER L. GRASER, Defendant NO. 2004 - 524 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 62ez day of 2006, upon presentation and consideration of the within Stipulation and Agreement of the Parties, it is hereby ORDERED that the attached Stipulation and Agreement of the Parties is incorporated herein and made an Order of Court. BY THE COURT: e A. Hess, Judge Distribution: Diane M. Dils, Esquire, 1400 North Second Street, Harrisburg, PA 17102 Parnela L. Purdy, Esquire, 115 pine Street, Suite 100, Harrisburg, PA 17108 a EXHIBIT "A" ed WH£Z:IT 90OZ it '6r#d TUG Pup SIM: W(38J DANNY P. ANDERSON, plaintiff vs. JENNIFER L. ANDERSON n/k/a JENNIFER L. ERASER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAMA NO. 2004 - 524 Civil Term CIVIL ACTION - LAW IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW thi ? ?--day of August 2006, the parents, having reached an agreement regarding odstody and the best interest and welfare of their minor child, Valerie E. Anderson, born January 10, 1999, it is hereby Ordered and Decreed as follows: 1. The parents shall share joint legal custody of Valerie. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neither parent shall attempt to alienate the affects of the child from the other parent. Each party shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. a With regard to any emergency decisions which must be made, the parent £d WUPZ:TT 9662 TT '6riti L9=ZLTL: 'ON XUJ S-11Q pup 5lIQ: wau having physical custody of the child 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. In accordance with 23 Pa.C.S.A. §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 primary physical custody of the minor child, with the child attending mother's school district in the Donegal School District. For purposes of school, mother's address shall be utilized as the primary residence. Currently, mother works on Saturday, Sunday and Monday, and father works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both. ,parents. Both parents shall notify the other if their work schedule permanently changes. CUSTODY DURING TIM SCHOOL YEAR Father will have custody from Friday evening after school until Monday morning at 7:15 a.m. when the parties shall meet at a halfway point between their homes, a specific location to be mutually agreed' upon, and mother shall take the child to school. Father shall pick the child up from the school bus on Monday after 2 hd WUPE:11 900E it '6nH 49SZMZ412-: '0N XV.1 SIM Pup SIIQ: W083 school and shall have custody until Tuesday morning at 7:15 a.m. when the parties shall again meet at a mutually agreeable halfway point. Mother shall have custody from Tuesday morning at 7:15 a.m. until Friday after school. If Monday is a school holiday, father shall hive the minor child. . If, there is a school holiday on Tuesday, Wednesday, or Thursday, mother shall have the minor child If a school holiday falls on a Friday and if father is not working on Friday, father may pick the child up at a mutually agreeable time on Friday. Mother shall have an occasional weekend with the manor child with prior notice to father and father shall not unreasonably withhold this request. CUSTODY DURING SUMMIER VACATION Father shall enjoy custody of the minor child during her summer vacation from school each week from Friday at 7:00 p.m. until Sunday at 7:00 p.m. Father shall pick the child up at mother's home on Friday evenings by 7:00 p.m. and mother shall pick the child up at father's home on Sunday evenings by 7:00 p.m. Mother shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Mother shall have two uninterrupted weeks with the minor child during her summer vacation from school, said weeks shall be non-consecutive and mother shall give father thirty (30) days advance written notice of her chosen week. Father shall have one uninterrupted week with.the minor child during her summer vacation from school. Father shall give mother thirty (30) days advance written 3 Sd WbSZ:TT 9002 TT '6ny L9=Z4LL: 'ON XUJ SIM Pup SIIQ: WOdJ notice of his chosen week. In the event both parties choose the same week of summer custody, the parent who gave first notice shall prevail. 3. HOLIDAYS Christmas: In 2004 and in all even years thereafter, father shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and mother shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 2e. In 2005 and in all odd years thereafter, mother shall have the holiday from 1:00 P.M. on Christmas Eve until 1:00 p.m. on Christmas Day and father shall have the holiday from 1:00 p.m. on Chuistmas bay until 1:00 pm. on December 261h The remainder of the minor child's Christmas vacation from school. shall be divided with father having the child one-half (%) of the vacation and mother having the child one-half ('/2) of the vacation. Valerie's Birthday: In 2005 and in all odd years thereafter, mother shall have the child's birthday and in 2006 and in all evert years thereafter, father shall have the child's birthday. The hours shall be from 9:00 a.m. until 9:00 p.m. unless the minor child is in school, in which case the hours will be after school until bedtime. Thanksgiving: In 2004' and in all even years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2005 and in all odd years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m: d 4 9d WbSZ:TT 90OZ IT 16% 49S=UIL: 'ON XVJ SIM Pup SIM: W08d Easter: In 2005 and all odd years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2006 and in all even years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m. bother's Day and Father's Day: Mother shall have Mother's Day and father shall have Father's Day each year from 9:00 a.m. until 9:00 p.m. 4. The parents shall continue with Anthea Stebbins or another mutually agreed upon counselor with their co-parenting counseling and/or any concerns which they have that pertain to their minor daughter. The parents V hereto agree that they shall continue to, attend co-parenting counseling on a regular basis either every six weeks, or if it is felt that it is not necessary after six weeks, the parties agree that they shall attend co-parenting counseling and schedule an appointment every two months. The parties hereto agree that they shall continue with the schedule for co-parenting counseling for two years, until August 2008, and at that time, the parties shall re-evaluate whether additional co-parenting counseling is needed at a all or on as .frequent as a basis as set forth above. The parties will attempt to make this decision on their own and if they are unable to do so, they shall address the decision with the counselor whom they are utilizing at that time. The parties hereto agree that they shall schedule a co-parenting counseling session earlier than every six weeks or two months if there are concerns regarding major decisions concerning their daughter, including all shared legal aspects, if they are unable to communicate concerning these 51 Ld WHSZ:ii 9002 11 '6nt1 49SZ££24ZL: 'ON XU-1 SIM Pue SIIQ: W08A matters. The parties hereto agree that if father is late for his work on Monday or Tuesday mornings during the school year, more than fifty percent of the time that they shall return to co-parenting counseling and cooperate with the scheduling of an appointment immediately. The parties shall each pay one-half of the fees which is unreimbursed by medical insurance for all counseling sessions. S. 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 child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorization so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods. 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. a 6 8d W09Z:11 9OZ ii .6r#J 49S=Z4SL.: 'ON XUJ SIIQ Aue 51Ia: WOdj 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between the parents, without using the child as an intermediary. 10. This custody schedule can be altered or modified by the parent's mutual agreement. 11. SUPPORT: The parents agree that they shall continue the Support Order dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania, in which father pays support to mother in the amount of $272.99 per month. s 7 6d Wti9Z:LT 90OZ IT '6rid 49SZ££ZLTL: 'ON XUJ S-IIQ Pup 51Ia: W08-1 In the event either party requests a calculation of the child support obligation, the parties hereto agree that for support purposes, they share physical custody on a fifty/fifty basis. Both parents will pay fifty percent (50%) of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that father shall claim the. minor child as an exemption on his tax returns in 2004 and in all even years thereafter, and mother shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. 12. 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. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year fast above written. Pamela L. Purdy, Esquire Jennifer L. Anderson, n/k/a Jennifer L. Graser Diane M. Dils, Esquire Danny P. Anderson a 8 bid WULZ:11 90OZ IT '6riH 1-9SZ££ZLIL: 'ON XU-1 SEAL) (SEAL) SIM Pup SI M : W08d VERIFICATION Complaint for Primary Physical I verify that the statements made in this Custody 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: February 27, 2008 DANNY P. ANDERSON CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint for Primary Physical Custody has been served upon the following individual, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this day of !f , 2008, addressed as follows: Pamela L. Purdy, Esquire 308 N. 2nd Street, Suite 200 P.O. Box 11544 Harrisburg, PA 17108 (Courtesy Copy) Respectfully submitted, BY: ' Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: 31XId cx> * O rn m coo ? ? ? ?> c _ ri'7 DANNY P. ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-524 CIVIL ACTION LAW JENNIFER L. ANDERSON, A/K/A JENNIFER L. GRASER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, April 10, 2008 at 12:00 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/ Dawn S. Sunda Es q, 1, kn. 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 itAIG oz S£ :irWV 0! M8001 IrtiVIONC ? ? '? 1:? 3M, J4 DANNY P. ANDERSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2004-524 CIVIL ACTION LAW JENNIFER L. ANDERSON a/k/a JENNIFER L. GRASER Defendant IN CUSTODY ORDER OF COURT AND NOW, this /6`Z?4 day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom Number / of the Cumberland County Courthouse on the 31,6-0 day of 2008, at 1:3o CC in., at which time testimony will be taken. For purposes f the earing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least 10 days prior to the hearing date. BY THE COURT, i cc ?niane M. Dils, Esquire - Counsel for Father ? Robert J. Dailey, Esquire - Counsel for Mother Cop t*e& fwa ILL 4 ,??` r,; ?:.? z? - - ?;?? tis ?;?,`+ j /1(( ?rii , s _ ?I 9 -- "??! J DANNY P. ANDERSON Plaintiff vs. JENNIFER L. ANDERSON a/k/a JENNIFER L. GRASER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-524 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Valerie E. Anderson January 10, 1999 Mother/Father 2. A custody conciliation conference was held on April 10, 2008, with the following individuals in attendance: the Father, Danny P. Anderson, with his counsel, Diane M. Dils, Esquire, and the Mother, Jennifer L. Graser, formerly Anderson, with her counsel, Robert J. Dailey, Esquire. 3. This Court previously entered an Order in this matter on September 21, 2006, based upon the parties' Stipulation, under which the parties shared custody on a split weekly basis and the Child was to attend school in the Mother's school district. 4. The Father filed this Complaint seeking primary physical custody of the Child. Although the parties had previously attempted to resolve their issues through co-parenting counseling/mediation, their efforts were unsuccessful. The parties were also unable to resolve the primary/shared physical custody issue at the conciliation conference and, although the option of obtaining a custody evaluation was discussed at length, it was determined that the costs were prohibitive. Therefore, it will be necessary to schedule a hearing in this matter. 5. The Father's position on custody is as follows: the Father believes it would be in the Child's best interest to reside primarily with him in Lemoyne and to attend school in the West Shore School District. The Father expressed concern regarding the Child's school performance and preparation for school, including both homework and personal care. The Father believes that he offers the Child a more appropriate home environment than is the case at the Mother's place of residence where another family also resides. The Father seeks primary physical custody of the Child. 6. The Mother's position on custody is as follows: the Mother believes it would be best for the Child to continue using a shared custody arrangement under which the Child goes to school from the Mother's residence during the week and stays with the Father during weekends, when the Mother is working. The Mother believes it would be best to revert back to the schedule in the parties' Stipulation rather than the current schedule which made certain adjustments to that schedule which the Mother feels have decreased her ability to remain as involved as possible in the Child's school work. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter. It is anticipated that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquire Custody Conciliator DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-524 CIVIL JENNIFER L. ANDERSON a/k/a JENNIFER L. GRASER, : Defendant IN CUSTODY IN RE: MOTION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this day of August, 2008, following hearing and careful consideration of the testimony adduced, the court finding that the current arrangement, while posing some inconveniences, best affords both parents generous amounts of time with their child, Valerie, the motion for modification of custody is DENIED. BY THE COURT, Kevi A. Hess, J. ,/Oiane M. Dils, Esquire For the Plaintiff _,Kobert J. Dailey, Esquire For the Defendant :rlm A o ?3 J T , +?> fi=n cn C7t C Ln r w C\j s LL ' ? cam., J DANNY P. ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-524 CIVIL ACTION LAW r* - i JENNIFER L. ANDERSON A/K/A JENNIFER L. GRASER IN CUSTODY - DEFENDANT - ?_ ORDER OF COURT AND NOW, _ Friday, March 30, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, May 07, 2012 at 9:00 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/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . 0e d - CCP y m,91l &&/ /o A? -"k-, 47 ff eir ' copy '"'q ul -40 'P / a p y In ig z°a/ f? Svn -Cant / l o? ?U,r' y/2/i4 e- DANNY P. ANDERSON Plaintiff VS. JENNIFER L. ANDERSON a/k/a JENNIFER L. GRASER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-524 CIVIL ACTION LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this t V day of 9"W& , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The parties shall make arrangements for the Child to continue in counseling with her current counselor, Dr. Teni Osundeko LCSW, PhD, for the purpose of assessing the Child's emotional well- being in connection with the custodial situation and providing guidance to the parties as to how they can best handle the concerns which each of them has regarding the current schedule in a manner that will promote the Child's best interests. The parties shall schedule an appointment to jointly meet with the counselor to discuss how they can obtain guidance for this purpose. 3. Pending receipt of guidance from the Child's counselor and further Order of Court or agreement of the parties, the Father shall provide all transportation for custody exchanges and for the Child to go to and from school during the school year. During the summer school break, the parent relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 4. Each party shall ensure that the Child attends all of her regularly scheduled activities while in that parent's custody. 5. The summer custody schedule shall begin on the first Wednesday after the last day of school each year and the school year custodial schedule shall begin on the last Thursday before the first day of school each year. 6. After the Child has participated in additional counseling and the parties have obtained input and guidance from the counselor, counsel for either party may contact the conciliator within 60 days of the date of this Order to schedule an additional custody conciliation conference or a telephone conference, if necessary. 9 0- 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: ? Bret P. Shaffer Esquire - Counsel for Mothe. Diane M. Dils Esquire - Counsel for Father Cep= e6 ma `led G1i6111a, 0e ems.. RV TNF. COT TR T r DANNY P. ANDERSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2004-524 CIVIL ACTION LAW JENNIFER L. ANDERSON a/k/a JENNIFER L. GRASER Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Valerie E. Anderson January 10, 1999 Mother/Father 2. A custody conciliation conference was held on May 30, 2012, with the following individuals in attendance: the Father, Danny P. Anderson, with his counsel, Diane M. Dils Esquire, and the Mother, Jennifer L. Graser, formerly Anderson, with her counsel, Bret P. Shaffer Esquire. 3. The parties agreed to entry of an Order in the form as attached. ? ao ?a- Date Dawn S. Sunday, Esquire Custody Conciliator MW :x rn M" co CD I LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE 27: Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 233-8743 Attorney for Plaintiff, Danny P. Anderson DANNY P. ANDERSON,, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2004-524 CIVIL TERM JENNIFER L. ANDERSON, a/k/a JENNIFER L. GRASER : CIVIL ACTION—LAW Defendant : IN CUSTODY COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND - PETITION FOR CONTEMPT FOR NONCOMPLIANCE WITH COURT ORDER AND NOW, this 6th of May, 2013, comes the Plaintiff, Danny P. Anderson, by his attorney, Diane M. Dils, Esquire, and respectfully requests the following: P0 cit 01(,0 CNW5� COMPLAINT FOR PRIMARY PHYSICAL CUSTODY 1. The Plaintiff is Danny P. Anderson, an adult individual currently residing at 645 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Jennifer L. Graser, an adult individual, represented by Attorney Bret P. Shaffer, whose office is located at 19 W. South Street, Carlisle, Pennsylvania 17013. 3. The Plaintiff•and Defendant were previously married and as a result of said marriage, one child was born; namely: Valerie E. Anderson, born January 10, 1999. 4. Attached hereto and'marked Exhibit "A" is an Order of Court dated September 21, 2006 wherein the attached Stipulation and Agreement was signed by the parties concerning the current custodial arrangement for the minor child. 5. Attached hereto and marked Exhibit "B" is an Agreement of the Parties, which the parties have been following, even though said Agreement dated June 5, 2007 was not made an Order of Court. 6. Attached hereto and marked Exhibit "C" is an Order of Court dated June 149 2012 setting forth the parties agreement reached -at that time concerning transportation, counseling, etc. . 7. All three Orders are currently in effect in one way or another. 8. Plaintiff, Danny P. Anderson, believes that the best interest of his daughter will be served by granting him primary physical custody at this time. 9. The Plaintiff, Danny P. Anderson, is better able to provide a stable environment for the minor child. 10. The minor child, Valerie, age 14 years, has expressed to both of her parents and the counselor that she desires to reside with her Father and to attend Cedar Cliff High School, where she will be in ninth grade in the Fall of 2013. 11. The minor child has had difficulties with a classmate and bullying at her current school, the Donegal School District, The classmate that was bullying her was ejected from school in April of 2012, and has managed to get word to Valerie through other classmates, that when she returns, Valerie is next and will get hers, or words to that affect. 12. Plaintiff has notified the Donegal School Principal, but is unable to ascertain information as to whether or not the bullying classmate will be permitted to return in April of 2013. 13. Plaintiff and the minor child understand that a change of schools, if permitted by the Court, would most likely not occur until the next school year. 14. The minor child has expressed her desire to reside with Father and his wife and their two children in Lemoyne, Pennsylvania. 15. Father resides in a four bedroom home, and Valerie has her own bedroom. 16. Father provides all transportation for Valerie to attend her extracurricular activities, even during Mother's periods of custody. Mother will not provide the transportation. The child's extracurricular activities occur in Father's residence. 17. Father is better able to provide for the minor child. WHEREFORE, Plaintiff; Danny P. Anderson, respectfully prays Your Honorable Court to grant him primary physical custody of his daughter with partial custodial rights in the mother, Jennifer L. Graser. PETITION FOR CONTEMPT FOR NONCOMPLIANCE WITH COURT ORDER 18. Paragraphs one (1) through seventeen (17) as set forth above are incorporated herein and made apart hereof by reference. 19. The Order dated June 14, 2012 provides for the parties to arrange for counseling with the child's current counselor. 20. Defendant had owed funds to the child's counselor for past services rendered, and did not pay the same, which delayed contact with the counselor. Plaintiff had to pay the same in order to get an appointment. 21. The parties agreed to share all uninsured counseling costs, one-half each. 22. Defendant owes Plaintiff one-half of all uninsured counseling costs, with the specific amount being supplied at the time of the conciliation conference. 23. Defendant canceled appointments and/or just failed to show and would not cooperate with the counselor's recommendations for additional appointments. 24. Paragraph 3 of the Order dated June 14, 2012 provides for the parent relinquishing custody of the child shall provide transportation during the summer school break. 25. Defendant failed to provide any such transportation. Plaintiff had to provide the same or he would not have had his custodial periods with his daughter. 26. Paragraph 4 of the Order dated June 14, 2012 provides that the party shall ensure that the child attends her regularly scheduled activities while in that parent's custody. 27. Defendant refused for one reason or another to see that the child attended her extracurricular activities, requiring the Plaintiff to provide transportation from Mother's home to the activity and back again to Mother's home. 28. Pursuant to 23 Pa. C.S.A. §5323(8), it is respectfully requested that Defendant be held in contempt of the Court Order dated June 14, 2012 and that she be required to pay Plaintiffs counsel fees and costs of this action. 29. Plaintiff has been required to expend counsel fees and costs in the approximate amount of$900.00. WHEREFORE, Plaintiff, Danny P. Anderson, through his Attorney, Diane M. Dils, Esquire respectfully prays your Honorable Court to find the Defendant in contempt of the Court Order dated June 14, 2012 and to award him counsel fees and costs as a result of the same. Respect ully submitted, i BY. iane ils, squire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 :t+g:yrM SAY crit.{,i' •,si�i, ,i'.vJ.iy,:..,` LAW OFFICES OF DIES&DILS DIANE M. bILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street,First Floor,Front Harrisburg,PA 17102 - Telephone No.(717)232.9724 Attorney for Plaintiff',Danny P.Anderson DANNY P.'.ANDFRSON, IN THE COURT Op COMMON PLEAS E Plaintiff CUMBERLAND,COUNTY,PENNSYLVANIA J Vs, NO. 2004 - 524 Civil Term JENNIFER;L.ANDERSON n/k/a JENNIFER L. GRASER, CIVIL ACTION—LAW Defendant IN CUSTODY ORDER OF COURT 47 AND NOW, this clay of , 2006, 3 upon pres. resentation and consideration of the within Stipulation and.Agreement of the Parties, it'is hereby ORDERED that the attached Stipulation and Agreement of the Parties is incorporated herein and made'an Order of Court. BY THE COURT: e o orable Kevin A. Hess, Judge Distribution: Diane KiDils, Esquire, 1400'North'Second Strut, Harrisburg, PA 17102 a., Pamela L• Purdy, Esquire, 115 pine Street, Suite 100, Harrisburg, PA 11108 ......EXHIBIT "A" Zd Wk:U:iZ 9002 T '6rld S`1Io Pue Silo: W08_. DANNY P. ANDERSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2004 - 524 Civil Term JENNIFER L. ANDERSON n/k/a JENNIFER L. ERASER, CIVIL ACTION-LAW Defendant IN CUSTODY STIPULATION AND AGREEMENT OF THE PARTIES AND NOW thi�� Y of August 2006 the parents, having reached an agreement regarding custody and the best interest and welfare of their minor child, Valerie E. Anderson, born January 10, 1999, it is hereby Ordered and Decreed as follows: 1. The parents shall share joint legal custody of Valerie. Major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Neither parent shall impair the other parent's rights to shared legal custody of the child. Neither parent shall attempt to alienate the affects of the child from the other parent. Each party shall notify the other of any activity or circumstance concerning his or her child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which rnust be made, the parent Ed WdbZ:LT 9002 LT '6na 49SZE 4T4: 'ON XHd S�I0 Pue S"110: t1C)bd having physical custody of the child 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. In accordance with 23 Pa.C.S.A. §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 primary physical custody of the minor child, with the child attending mother's school district in the Donegal School District. For purposes of school, mother's address shall be utilized as the primary residence. Currently, mother works on Saturday, Sunday and Monday, and father works Monday through Friday. The purpose of this custody schedule is to maximize, as much as possible, the child's time with both .parents. Both parents shall notify the other if their work schedule permanently changes. CUSTOD) DURING TUT SCHOOL YEAR Father will have custody from Friday evening after school until Monday morning at 7:15 a.m. when the parties shall meet at a halfway point between their homes, a specific location to be mutually agreed'upon, and mother shall take the child to school. Father shall pick the child up from the school bus on Monday after 2 Gd WdbZ:SS 9002 ;I '6nC L9S=2-T1-: ON Xdd S�IQ Pue S�[Q: Woa3 school and shall have custody until Tuesday morning at 7:15 a.m. when the parties shall again meet at a mutually agreeable halfway point. Mother shall have custody from Tuesday morning at 7:15 a.m. until Friday after school. If Monday is a school holiday, father shall have the minor child. If there is a school holiday on Tuesday, 'Wednesday, or Thursday, mother shall have the minor child. If a school holiday falls on a Friday and if father is not working on Friday, father may pick the child up at a mutually agreeable time on Friday. Mother shall have an occasional weekend with the minor child with prior notice to father and father shall not unreasonably withhold this request. CUSTODY DURTNG SUMMER VACATION Father shall enjoy custody of the minor child during her summer vacation from school each week from Friday at 7:00 p.m. until Sunday at 7:00 p.m. Father shall pick the child up at mother's home on Friday evenings by 7:00 p.m. and mother shall pick the child up at father's home on Sunday evenings by 7:00 p.m. Mother shall enjoy custody of the minor child during the remainder of the summer, but for each parent's periods of uninterrupted custody as set forth below. Mother shall have two uninterrupted weeks with the minor child during her summer vacation from school, said weeks shall be non-consecutive and mother shall give father thirty (30) days advance written notice of her chosen week. Father shall have one uninterrupted week with.the minor child during her summer vacation from school. Father shall give mother thirty (30) days advance written - 3 Sd WdSZ:TT 90W IT 6% L9SEZM-T2-: 'ON Xdd S-110 PUB 5-i((3: tYJ?J� notice of his chosen week. In the event both parties choose the same week of summer'custody, the parent who gave .first notice shall prevail. 3. HOLYDAX5 Christmas: In 2004 and.in all even years thereafter, father shall have the holiday from 1:00 p.m. on Christmas Eve until 1:00 p.m. on Christmas Day and mother shall have the holiday from 1:00 p.m. on Christmas Day until 1:00 p.m. on December 266'. In 2005 and in all odd years thereafter, mother shall have the holiday from »" 1:00 p.m: on Christmas Eve until 1:00 p.m. on Christmas Day and father shall have the holiday from 1:00 p,m. on Cluistmas Day until 1:00 p.m. on December 26`h The remainder of the minor child's Christmas vacation from school shall be divided with father having the child one-half (1/2) of the vacation and mother having the child one-half(1/z) of the vacation, Valerie's Birthday: In 2005 and in all odd years thereafter, mother shall have the child's birthday and in 2006 and in all even years thereafter, father shall have the child's birthday. The hours shall be from 9:00 a.m. until 9:00 p.m. unless the minor child is in school, in which case the hours will be after school until bedtime, Thanksgiving: In 2004 and in all even years thereafter, mother.shall have the holiday from 9:00 a.m. until 9:00 p.m. In 2005 and in all odd years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m: 9d WUGZ:tT 9002 it '6r# L9SZf=£Z4ZL: 'ON Xtid S110 PUe 51I0: WOaLl Ea er: In 2005 and all odd years thereafter, mother shall have the holiday from 9:00 a.m. until 9:00 P.M. In 2006 and in all even years thereafter, father shall have the holiday from 9:00 a.m. until 9:00 p.m. Mother's Aay and Father's Day: Mother shall have Mother's Day and father shall have Father's Day each year from 9:00 a.m. until 9:00 p.m. 4. The parents shall continue with Anthea Stebbins or another mutually agreed upon counselor with their co-parenting counseling and/or any concerns which they have that pertain to their minor daughter. The parents hereto agree that they shall continue to, attend co-parenting counseling on a regular basis either every six weeks, or if it is felt that it is not necessary after six weeks, the parties agree that they shall attend co-parenting counseling and schedulo an appointment every two months. The parties hereto agree that they shall continue with the schedule for co-parenting counseling for two years, until August 2008, and at that time, the parties shall re-evaluate whether additional co-parenting counseling is needed at all or on as,frequent as a basis as set forth above. The parties will attempt to make this decision on their own and if they are unable to do so, they shall address the decision with the counselor whom they are utilizing at that time. The parties hereto agree that they shall schedule a co-parenting counseling session earlier than every six weeks or two months if there are concerns regarding major decisions concerning their daughter, including all shared legal aspects, if they are unable to communicate concerning these . 5 Zd WHSZ:T T 9002 TT '6 nu L9SZZM-W ON Xdd 5710 Pere SWIG: W36-� matters, The parties hereto agree that if father is late for his work on Monday or Tuesday mornings during the school year, more than fifty percent of the time that they shall return to co-parenting counseling and cooperate with the scheduling of an appointment immediately. The parties shall each pay one-half of the fees which is unreimbursed by medical insurance for all counseling sessions. 5. 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 child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authoiization so that the other parent may obtain information from the child's schools, physicians, psychologists, or other. individuals concerning her progress and welfare. 6. Both parents shall confer with the other parent before arranging regularly occurring extracurricular activities for the child which might interfere with regular custodial periods, 7. During any period of custody or visitation, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parents shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 6 8d Wd9E:11 9OW TI '6ryd 49S=UT2_: ON XUq SAID Pue silo: WCd3 8. Each parent shall be entitled to reasonable telephone contact with the child when she is in the custody of the other parent. 9. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent is the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Morn, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the child to provide reports about the other' parent. Communication should always take place directly between the parents, without using the child as an intermediary. 10. This custody schedule can be altered or modified by the parent's mutual agreement. 11. SUPPORT: The parents agree that they shall continue the Support Order dated March 11, 2004, docketed to number 2004-00298 in Lancaster County, Pennsylvania, in which father pays support to mother in the amount of $272.99 per month. 7 6d Wijq?,jj 9002 Tj *6n13 S-114 PUE, S� 10: kud3 In the event either party requests a calculation of the child support obligation, the parties hereto agree that for support purposes, they share physical custody on a fifty/fifly.basis. Both parents will pay fifty percent (50%) of the child's school expenses such as trips, supplies, pictures, etc. If either parent chooses to enroll the child in an extracurricular activity, that parent is responsible for paying the fee for that activity. The parents agree that father shall claim the. minor child as an exemption on his_..ta x returns in 2004 and in all even years thereafter, and mother shall claim the minor child as an exemption on her income tax returns in 2005 and in all odd years thereafter. 12. 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. IN WITNESS WHEREOF, the parties hereto have signed their hands and seals the day and year first above written. (SEAL) Pamela L. Purdy, Esquire Jennifer L. Anderson, n/kla Jennifer L. Graser (SEAL) Diane M. Dils, Esquire Danny P. Anderson , a Old WbLZ:tiZ: 90F LT '6 i L9S=ZLIL: 'ON Xtid S IICt Pue 511G: WO�i� AGREEMNIOEIMEARM S On dad of J.\e.- 2007,the parents, .laavang reached an agreement regarding custody and the best.interest and welfare of their minor child, Valerie E. Anderson., born January 10, 1999, it has changed as follows: 1. Both parents agree that Suppflrt order dated March 11, 2004, docketed to number 2001 00298 in Lancaster County, Pennsylvania, will be dismissed. Neither parent is obligated to pay support for minor-chiIJ. 2. Both parents agree that mother will claim minor child as an`exemption every year on income-taxes. 3. Both parents agree that father,will provide.minor child with all clothes, shoes, and coats during,the school year. Father will also provide all minor child's school supplies and schoc lunches. Father will also pay all of minor child's tinreimbumed medical expenses, as long as mother also provides medical, insurance for child: ({otherwise parents share medical expenses 50150) Father will also continue to provide minor child's haircuts.. 4. Both parties agree that father will no longer request payment of past due medical bills owed by mother. 5. .Both parties agree that if mother doesn't.reside''in Mount Joy by August 1,12007, so that minor child may return to Donegal-Springs Elementary,that father wi.11'-registet child in Yew Sbore School District and she will attend school there. 6. Both parties agree that if custody changes drastically that they will discuss a fair support agreement to provide'for'iminor cli td: tfth cm.,t--0dIWrtb "agMement on their own, they will work with counselor, Anthea Stebbins to come to an agreement. 1 7. Both parties that during minor child's summer vacation father shall enjoy �S _1/J.. _a •,., cVody every ee _from*�until Mother,shall enjoy custody of child from 'f� "� tit L . Parents.will xneet.half way:ori-drop off and pick up•-days to-deliver-child. „� 5 Zac � ]rt 8. This agreement may be modified-.by the parent's mutual agreement. / nnif aser r f army An nn �7_ tt DANNY P. ANDERSON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2004-524 CIVIL ACTION LAW JENNIFER L, ANDERSON a/k/a .JENNIFER L. GRASER Defendant IN CUSTODY ORDER OF COURT AND NOW, this /`/ day of Q,u 2012, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: 1. The prior Orders of this Court shall continue in effect as modified by this Order. 2. The parties shall make arrangements for the Child to continue in counseling with her current counselor, Dr. Teni Osundeko LCSW, PhD, for the purpose of assessing the Child's emotional well- being in connection with the custodial situation and providing guidance to the parties as to how the}/ can best handle the concerns which each of them has regarding the.current schedule in a manner that will promote the Child's best interests. The parties shall schedule an' appointment to jointly meet with the counselor to discuss how they can obtain guidance for this purpose. 3. Pending receipt of guidance from the Child's counselor and further Order of Court or agreement of the parties, the Father shall provide all transportation for custody exchanges and for the Child to go to and from school during the school year. During the summer school break, the parent relinquishing custody of the Child shall be responsible to provide transportation for the exchange of custody. 4. Each party shall ensure that.the Child attends all of her.regularly scheduled activities ,vhile in that parent's custody, 5. The summer custody schedule shall begin on the first Wednesday after the last day of school each year and the school year custodial schedule shall begin on the last Thursday before the first day of school each year. 6. After the Child has participated in additional counseling and the parties have obtained input and guidance from the counselor, counsel for either party may contact the conciliator within 60 days of the date of this Order to schedule an additional custody conciliation conference or a telephone conference, if necessary. 7. This Order is entered pursuant to an agreement,of,the•.parties at 'a custody conciliation conference. The parties may modify the provisions of this Order bynmufual consent; In the absence of mutual consent, the terms of this Order'shall control. BY THE COURT, ,.Kevin A. Hess•:. ; J. cc: Bret P. Shaffer Esquire—Counsel for Mother Diane M. Dils Esquire— Counsel for Father ' Nr C TRUE COPY FROM'REC'ORD Inlestimony•where6f,`I-here unto set my hand and the$eal•6f•$9(d Urt at:Carlis(e,Pa. pProthonotary • '- L J�1;t 4 d'Si �f.�'•"f Yd'a �d r!y`a 1 t i�sy"�',�,,��°!!•T�a�i�n,,. '- 1�"'* .r Li.Nr.tii L��1�f��!'' `��'SS�L�>"fyrM,�I:�2p�Q} 6 J£ •, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. 1 s Danny P. derson Date: ` 7y, CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint and Petition have been served upon the following individual, by first class, United States mail, postage prepaid, by placing a copy of the same at the post office in Harrisburg, Pennsylvania, on this LSD— day of May, 2013 addressed as follows: Bret P. Shaffer, Esquire 19 W. South Street Carlisle, PA. 17013 Respectfully submitted, Y• iane M ils, Esquire 1400 orth Second Street First Floor, Front - - - Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date. DANNY P.ANDERSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, 2004-524 CIVIL ACTION LAW C-) CD JENNIFER L.ANDERSON,A/K/A JENNIFER rri L. GRASER IN CUSTODY CD DEFENDANT -<>, r > > tt ORDER OF COURT Cn AND NOW. Monday, May 13,2013 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S.Sunday,Esq. ,the conciliator, at Oil 39 West Main Street, Mechanicsburg,PA 17055 Tuesday,June 11,2013 1:30 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/ Down S. Sunday,Esq.jg Custody Conciliator V 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 ryz—".. LCL 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1041 (9)f k)- �I UT 04.1,f 5/nfta DANNY P. ANDERSON • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • • vs. • 2004-524 CIVIL ACTION LAWS, , , L • 0? w JENNIFER L. ANDERSON a/k/a • M Cr3 r n-- JENNIFER L. GRASER • r-- i r, Defendant • IN CUSTODY . tv ( , r-- -Y_ +.., Y ORDER OF COURT N' :. AND NOW, this 2 day of � , 2013, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The prior Orders of this Court dated September 21, 2006 and June 14, 2012 are vacated and replaced with this Order. 2. The Mother, Jennifer L. Anderson, and the Father, Danny P. Anderson, shall have shared legal custody of Valerie E. Anderson, age 14. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. 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 Child 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. In accordance with 23 Pa.C.S.A. §5336, each party 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 party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. School Year: During the school year, the Father shall have primary physical custody of the Child and the Mother shall have partial custody every weekend from Friday at 6:00 p.m. through Sunday at 8:00 p.m. If the Child has a cheerleading activity or game on Friday, the Mother shall pick up the Child following the activity. The Child shall be enrolled in the Cedar Cliff High School beginning in the 2013-2014 school year. B. Summer School Break: During the summer school break, the Father shall have custody of the Child every week from Monday at 9:30 p.m. through Thursday at 8:00 p.m. and the Mother shall have custody of the Child for the rest of the week, including the weekend. In the event the Mother does not work on a Tuesday, the Mother shall retain custody of the Child on Monday evening and transport the Child to cheerleading practice on Tuesday. The Mother shall notify the Father at least three days in advance if she is off work on Tuesday. C. The summer custody schedule shall begin on the first weekend after the last day of school and the summer custody schedule shall end on the Sunday evening before the first day of school. 4. In 2013, the Father shall have custody of the Child for vacation from Saturday, June 29 (at a time to be arranged by agreement)through Saturday, July 6 (at a time to be arranged by agreement). In addition, the Father shall have custody of the Child for vacation from July 26 at 6:30 p.m. through July 28 (at a time to be arranged by agreement), for which the Father shall provide all transportation. The Father shall also have custody of the Child for the Labor Day weekend in 2013. The Mother shall have custody of the Child for a one week vacation period in the summer of 2013 for which she shall select a date and notify the Father as soon as possible. The Father shall email to the Mother a list of mandatory cheerleading dates for the Child during the summer so that the parties can ensure that the vacation periods of custody do not interfere with the Child's attendance at mandatory cheerleading activities. Beginning in the summer of 2014 and continuing thereafter, each parent shall be entitled to have two nonconsecutive vacation weeks with the Child upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. 5. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from 1:00 p.m. on Christmas Eve through 1:00 p.m. on Christmas Day, and Segment B, which shall run from 1:00 p.m. on Christmas Day through 1:00 p.m. on December 26. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody of the Child during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. The remainder of the Child's Christmas school vacation shall be equally divided between the parties in every year. B. Thanksgiving: The Thanksgiving holiday shall run from Thanksgiving Day at 9:00 a.m. through 8:00 p.m. on the day before school resumes. The Mother shall have custody of the Child for Thanksgiving in even numbered years and the Father shall have custody in odd numbered years. C. Easter: The Easter holiday shall run from 8:00 p.m. on the last day of school before the Easter holiday break through 8:00 p.m. on the last day of the break before school resumes. The Mother shall have custody of the Child for the Easter holiday in odd numbered years and the Father shall have custody of the Child for the Easter holiday in even numbered years. D. Mother's Day/Father's Day: The Mother's Day and Father's Day holidays shall include the entire holiday weekend from Friday at 8:00 p.m. through Sunday at 8:00 p.m. The Mother shall have custody of the Child every year for Mother's Day and the Father shall have custody of the Child every year for Father's Day. E. Child' Birthday: The period of custody on the Child's birthday shall run from 9:00 a.m. until 9:00 p.m. unless the Child has school in which case the period of birthday custody shall run from after school until bedtime. The Mother shall have custody of the Child for her birthday in odd numbered years and the Father shall have custody of the Child for her birthday in even numbered years. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 6. Unless otherwise agreed between the parties or indicated in this Order, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 7. The parties shall confer and agree before enrolling the Child in any activities which could be expected to take place on the other parent's custodial time. The parties agree that the Child may be signed up for and participate in cheerleading. 8. The non-custodial parent shall be entitled to have liberal reasonable telephone contact with the Child. 9. During any period of custody, the parents shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication. The parties shall assure, to the extent possible, that other household members and/or houseguests comply with this provision. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. The Mother shall pay the amount of$276.25 to the Father by August 31, 2013 in compliance with the prior Order of this Court related to sharing of counseling costs for the Child. In the event this amount is not paid in full and the Father has to file another Contempt Petition, the Mother shall be responsible to pay the Father's filing fee and reasonable legal fees. On the condition that the Mother pays the amount set forth in this Order in full by August 31, the parties shall continue to alternate claiming the dependency exemptions for the Child, with the Mother claiming the exemption in 2013 and all odd numbered years thereafter and the Father claiming the Child in 2014 and even numbered years thereafter. 12. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 13. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, A Kevin A ess J. cc: M. Dils Esquire—Counsel for Father ret P. Shaffer Esquire—Counsel for Mother {£S' `c1.cl&LL ? air3 DANNY P. ANDERSON • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2004-524 CIVIL ACTION LAW • • JENNIFER L. ANDERSON a/k/a • JENNIFER L. GRASER Defendant • IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME AGE CURRENTLY IN CUSTODY OF Valerie E. Anderson 14 Mother 2. A custody conciliation conference was held on June 10, 2013, with the following individuals in attendance: the Father, Danny P. Anderson, with his counsel, Diane M. Dils Esquire, and the Mother, Jennifer L. Anderson (Graser), with her counsel, Bret P. Shaffer Esquire. 3. The parties agreed to entry of an Order in the form as attached. This attached Order resolves both the Father's Petition for Modification and his Contempt Petition. i:2Je /i Date Dawn S. Sunday, Esquire Custody Conciliator