Loading...
HomeMy WebLinkAbout08-2511ISHMEAL IBRAHIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO.08- -2,!0 CIVIL TERM GINA HOYT, Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Ishmeal Ibrahim, hereinafter referred to as Father. Father resides at 132 West South Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Gina Hoyt, hereinafter referred to as Mother. Mother resides at 1125 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 3. Father seeks primary physical custody of the minor children: Name Present Residence Age Elijah Ibrahim 1125 Ritner Highway 7.15.00 DOB, -8 yrs old Carlisle, PA 17013 Azmir Ibrahim 1125 Ritner Highway Carlisle, PA 17013 Elijah was born out of wedlock. Azmir was born out of wedlock. Elijah is presently in the custody of Mother. Azmir is presently in the custody of Mother. 11.30.02 DOB, -5'/2 yrs old During his lifetime, Elijah has resided with the following persons and at the following addresses: Name Address Date Ishmeal Ibrahim 26 Spring Street - Apt B birth - late 2000 Gina Hoyt Shippensburg, PA Marilyn Hoyt Jason Hoyt Gina Hoyt 26 Spring Street late 2000 - mid 2001 Marilyn Hoyt Shippensburg, PA Jason Hoyt Gina Hoyt Shippensburg, PA mid 2001- late 2001 Kim Shields Tina Shields Ishmeal Ibrahim Carlisle, PA late 2001- early 2002 Gina Hoyt Gina Hoyt Shippensburg, PA early 2002 - mid 2002 Megan Norris Gina Hoyt Shippensburg, PA mid 2002 - 11/2002 Jason Hoyt Gina Hoyt Shippensburg, PA 11/2002 - spring 2003 Jason Hoyt Azmir Ibrahim Gina Hoyt Newville, PA spring 2003 - fall 2003 Azmir Ibrahim Ishmeal Ibrahim 78 W. Louther Street fall 2003 - 1/2004 Azmir Ibrahim Carlisle, PA Gena Thomas Ishmeal Ibrahim Shippensburg, PA 1/2004 -1/2005 Azmir Ibrahim Jason Hoyt Erin Hoyt Kim Shields Ishmeal Ibrahim Shippensburg, PA 1/2005 - mid 2005 Azmir Ibrahim Ishmeal Ibrahim Shippensburg, PA mid 2005 - 7/2005 Azmir Ibrahim Jason Hoyt Erin Hoyt Gina Hoyt (briefly) Gina Hoyt various unknown addresses 7/2005 - 1/2007 Azmir Ibrahim Ishmeal Ibrahim 144 W. Church Street 1/2007 - 4/2007 Gina Hoyt Carlisle, PA Azmir Ibrahim Theresa Brown Ishmeal Ibrahim Enola, PA 4/2007 - mid 2007 Gina Hoyt Azmir Ibrahim Theresa Brown Gina Hoyt Enola, PA mid 2007 - winter 2007 Azmir Ibrahim Theresa Brown Gina Hoyt Carlisle, PA winter 2007 - present Azmir Ibrahim Theresa Brown Jose Ortiz During his lifetime, Azmir has resided with the following persons and at the followin g addresses: Name Address Date Gina Hoyt Shippensburg, PA birth - spring 2003 Jason Hoyt Elijah Ibrahim Gina Hoyt Newville, PA spring 2003 - fall 2003 Elijah Ibrahim Ishmeal Ibrahim 78 W. Louther Street fall 2003 -1/2004 Elijah Ibrahim Carlisle, PA Gena Thomas Ishmeal Ibrahim Shippensburg, PA 1/2004 - 1/2005 Elijah Ibrahim Jason Hoyt Erin Hoyt Kim Shields Ishmeal Ibrahim Shippensburg, PA 1/2005 - mid 2005 Elijah Ibrahim Ishmeal Ibrahim Shippensburg, PA mid 2005 - 7/2005 Elijah Ibrahim Jason Hoyt Erin Hoyt Gina Hoyt (briefly) Gina Hoyt various unknown addresses 7/2005 -1/2007 Elijah Ibrahim Ishmeal Ibrahim 144 W. Church Street 1/2007 - 4/2007 Gina Hoyt Carlisle, PA Elijah Ibrahim Theresa Brown Ishmeal Ibrahim Enola, PA 4/2007 - mid 2007 Gina Hoyt Elijah Ibrahim Theresa Brown Gina Hoyt Enola, PA mid 2007 - winter 2007 Elijah Ibrahim Theresa Brown Gina Hoyt Carlisle, PA winter 2007 - present Elijah Ibrahim Theresa Brown Jose Ortiz 5. Father lives alone. 6. It is believed that Mother lives with the following persons: Name Relationship Theresa Brown Roommate Jose Ortiz Paramour Elijah Ibrahim Child with Plaintiff Azmir Ibrahim Child with Plaintiff 7. Father has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Elijah and Azmir in this or another court. 8. Father has no information of a custody proceeding concerning Elijah and Azmir pending in a court of this Commonwealth. 9. Father does not know of a person not a party to the proceedings who has physical custody of Elijah and Azmir or claims to have custody or visitation rights with respect to Elijah and Azmir. 10. Elijah's and Azmir's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Elijah and Azmir were born, Father has actively shared in the parenting duties for both children. He has shared in the responsibility for their emotional, physical, educational, financial and medical needs. b. Father is fully capable of caring for Elijah and Azmir on a primary basis and his done so in the past, having had primary custody of both children from Fall 2003 through July 2005. c. Despite the parties' separation, Father remained actively involved with Elijah and Azmir, getting them at least once a week for a period of several days. This lasted until fall of 2003 when Father had primary custody of Elijah and Azmir until July 2005. d. The parties reconciled in January 2007 and Father was again actively involved with Elijah and Azmir on a daily basis. This continued with basic consistency until Mother became involved with her current boyfriend in October 2007. e. Father is willing to communicate with and work cooperatively with Mother to co- parent Elijah and Azmir and will encourage their mother/son relationships. 10. Mother has not acted in Elijah's and Azmir's best interests in ways including but not limited to the following: a. Mother has deliberately acted in ways to interfere with the father/son relationship between Father, Elijah and Azmir. b. Since becoming involved with her current boyfriend, Mother has been arbitrary in allowing Father to see Elijah and Azmir. c. Mother does not have a telephone, making it difficult for Father to contact her to discuss Elijah and Azmir or to arrange for custodial time with Elijah and Azmir. d. The police in various areas, including East Pennsboro, Middlesex and Camp Hill, have been called to respond to incidents of domestic violence between Mother and her boyfriend. Father is concerned about the children's well-being and safety being exposed to this ongoing violent home environment. e. Children and Youth Services recently completed an investigation of Mother in regard to the children. It is unknown if the case remains open. f. While in Mother's custody, Elijah failed kindergarten in the 2006-2007 school year and has had to repeat kindergarten for the 2007-2008 school year. g. Father has reason to believe that Mother does not make Elijah and Azmir a priority and instead focuses on socializing and spending time with friends. Father has reason to believe that Mother and these friends participate in questionable activities such as drinking alcohol while the children are in Mother's care. 12. Every person with rights to custody or having actual physical custody of Elijah and Azmir have been named as parties to this action. WHEREFORE, Father requests this Court to grant him the following relief: 1. That the parties shall share legal custody of Elijah and Azmir. 2. That Father and Mother shall have shared physical custody of Elijah and Azmir. 3. That the non-custodial parent shall have reasonable telephone contact with Elijah and Azmir while they are with the other parent. 4. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Elijah and Azmir during the various holidays. 5. Neither party shall consume alcohol or illegal drugs when Elijah and Azmir are in their custody and neither party shall allow Elijah or Azmir to be exposed to persons who have been consuming alcohol or illegal substances. 6. Any other relief this Court finds just and equitable. su MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, ishmeal Ibrahim, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 7 Ishmeal Ibrahim ISHMEAL IBRAHIM, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GINA HOYT, VS. NO. 08- Defendant CUSTODY CIVIL TERM AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Gina Hoyt, with a Complaint For Custody on A , 2008 by certified mail, return receipt, restricted delivery, to the person and addresses below: Gina Hoyt 1125 Ritner Highway Carlisle, PA 17013 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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: Signature: H :?J -7 1 ?F ?J ? :ro .JJ ISHMEAL IBRAHIM, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08- 41Z I I CIVIL TERM GINA HOYT, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Ishmeal Ibrahim, Plaintiff, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. jka"HoIsA, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ISHMEAL IBRAHIM IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GINA HOYT DEFENDANT 2008-2511 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at _4th Floor, Cumberland County Courthouse, Carlisle on _ Thursday, May 29, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac uelrne M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ..; "u, i `, h ) ??" ?10 I ON OP00 ?e ISHMEAL IBRAHIM, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.2008?2511 CIVIL ACTION - LAW GINA HOYT, Defendant 7USTODY ORDER OF COURT AND NOW, this -51t- day of , 2008, upon consideration of the attached Custody Conci iation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. S , of the Cumberland County Court House, on the. day of A!Fp ? , 2008, at o'clock, 4. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Ishmeal Ibrahim and the Mother, Gina Hoyt, shall have shared legal custody of Elijah Ibrahim, born July 15, 2000 and Azmir Ibrahim, born November 30, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices )?NnA l3d 4 pyno C h s6 Wv $- Nnr 8091 AftQNO.410 which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. During the summer, and beginning the first Sunday after school recesses, the parents shall have shared physical custody of the children on a week on/week off schedule. The exchange day and time shall Sunday at 5:00 p.m. Father shall have the first week. 5. During the school year, Mother shall have primary physical custody of the children with Father having periods of partial physical custody every weekend from Friday after school to Sunday at 5:00 p.m. 6. Transportation shall be shared such that the receiving party shall transport. 7. Neither party may partake in alcoholic beverages to the point of intoxication or illegal drugs immediately before or during their periods of physical custody and shall insure that the children are not exposed to third parties who are intoxicated or under the influence of illegal drugs. 8. Neither party will say or do anything, nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Jessica Holst, Esquire, counsel for Father ZVincent Monfredo, Esquire, counsel for Mother m5.I ? s f o8 012008 ISHMEAL IBRAHIM, Plaintiff V. GINA HOYT, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-2511 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Elijah Ibrahim July 15, 2000 Mother Azmir Ibrahim November 30, 2002 Mother 2. A Conciliation Conference was held May 30, 2008 with the following individuals in attendance: The Father, Ishmeal Ibrahim, with his counsel, Jessica Holst, Esquire, MidPenn Legal Services and the Mother, Gina Hoyt, with her counsel, Vincent Monfredo, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and shared physical custody. Father suggests he have custody of the children Monday through Thursday every week and Mother have Friday through Monday. Father asserts that Mother is the victim of domestic violence and the children may have been exposed to that violence. Mother currently lives in a one bedroom apartment with the two children and a roommate. Father does not believe that this is adequate accommodations for the children. Father also asserts that Mother has refused to allow Father periods of custody. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having every weekend, Friday to Sunday. Mother indicates that her boyfriend no longer lives with her so that domestic violence is no longer an issue. Mother intends to move to a three bedroom apartment in the next month. Mother maintains that Father is only interested in physical custody to reduce his child support. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering shared legal custody, shared physical custody during the summer and Mother having primary physical custody during the school year with Father having every weekend, Friday to Sunday. It is expected that the Hearing will require one day. Y- Date acq line M. Verney, Esquire Custody Conciliator ISHMEAL IBRAHIM, Plaintiff/Petitioner V. GINA HOYT, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2511 CIVIL TERM IN CUSTODY PETITION TO REQUEST ATTENDANCE OF MINOR CHILDREN Petitioner, Ishmeal Ibrahim, by and through his counsel, MidPenn Legal Services, states the following: 1. The above-captioned matter is scheduled for hearing on Friday, September 5, 2008, at 9:30 a.m. 2. Petitioner believes that it is necessary for the Court to speak privately to each of the minor children involved in this custody matter in order to better ascertain the current situation. 3. Petitioner does not believe that Respondent will bring the children without a Court Order requiring that she do so. 4. Counsel for Petitioner has sought concurrence from Counsel for Respondent. Counsel for Defendant concurs with the relief requested. WHEREFORE, Petitioner respectfully requests that this Court enter an Order requiring that Respondent bring both children to the September 5, 2008, custody hearing. submitted, Je idahiol%A Esquire dPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 ISHMEAL IBRAHIM, Plaintiff/Petitioner V. GINA HOYT, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2511 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for Plaintiff, Ishmeal Ibrahim, hereby certify that I have served a copy of the forgoing Petition to Request Attendance of Minor Children on the following date and in the manner indicated below: U.S. First Class Mail Date: ?- ag_ C7 I Vincent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 401 East Louther Street Carlisle, PA 17013 (717)243-9400 C") +?.? r__. ?.? . ? :? -,;?? -,? ?-? 4.? r7 r- ,`? - -^.? «... ?._ ?3 °?f'i `-m 4,.:# .,? ISHMEAL IBRAHIM, Plaintiff/Petitioner V. GINA HOYT, Defendant/Respondent SFP p 2 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2511 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Petition, the Defendant is ordered to bring the minor children, Elijah and Azmir Ibrahim, to the hearing scheduled for Friday, September 5, 2008 at 9:30 a.m. in Courtroom 5, Fourth Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: Jes w* a Holst, Esquire enn Legal Services 401 East Louther Street Carlisle, PA 17013 incent M. Monfredo, Esquire Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 J By the Court, -:f- !'S tt T?,,r. r 7 ISHMEAL IBRAHIM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GINA HOYT, DEFENDANT NO. 08-2511 CIVIL ORDER OF COURT AND NOW, this 5th day of September, 2008, after hearing in the above-captioned case, IT IS HEREBY ORDERED AND DIRECTED that: 1. The Mother, Gina Hoyt, and Father, Ishmeal Ibrahim, shall enjoy shared legal custody of Elijah Ibrahim, born July 15, 2000, and Azmir Ibrahim, born November 30, 2002. 2. The Mother shall have primary physical custody of the minor children. 3. The Father shall have custody of the children for the weekend of September 5, 2008, from 2:00 p.m. until 7:00 p.m. Sunday, September 7, 2008. Mother shall pick up the children from the Father's home at that time. 4. The parties are directed to submit a proposed schedule for Father's temporary periods of custody for weekends, holidays and summer vacation on or before September 13, 2008. By the Court, ?, UJI M. L. Ebert, Jr., J. /Jessica Holst, Esquire Attorney for Plaintiff y Ancent M. Monfredo, Esquire Attorney for Defendant bas 90 :) Wd S- d 3S HE ISHMEAL IBRAHIM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GINA HOYT, DEFENDANT : NO. 08-2511 CIVIL ORDER OF COURT AND NOW, this 12t" day of September, 2008, the Court having just received the proposed custody and visitation schedules filed by the Parties, IT IS HEREBY ORDERED AND DIRECTED that: 1. Father shall have custody of the children for the weekend of September 12, 2008, from 7:00 p.m. until Sunday, September 14, 2008, at 7:00 p.m. 2. Father shall have custody of the children for the weekend of September 19, 2008, from 7:00 p.m. until Sunday, September 21, 2008, at 7:00 p.m. 3. Father shall have custody of the children for the weekend of September 26, 2008, from 7:00 p.m. until Sunday, September 28, 2008, at 7:00 p.m. IT IS FURTHER ORDERED AND DIRECTED that Father shall be responsible for transporting the children on Fridays and Mother shall be responsible on Sundays. By the Court, Ziessica Holst, Esquire Attorney for Plaintiff Vincent M. Monfredo, Esquire Attorney for Defendant bas ids r?'t?c 9/i:,1oe tzlvl N, -? ?aN. M. L. Ebert, Jr., J. V?INlVAlhS W38 i ch 43S .I ISHMEAL IBRAHIM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GINA HOYT, DEFENDANT NO. 08-2511 CIVIL ORDER OF COURT AND NOW, this 19th day of September, 2008, IT IS HEREBY ORDERED AND DIRECTED that the custody of the parties' minor children, Elijah Ibrahim, born July 15, 2000, and Azmir Ibrahim, born November 30, 2002 shall be as follows: 1. The parties shall share legal custody of Elijah and Azmir, including but not necessarily limited to the children's health, welfare, education, religious training and upbringing shall be made by the parties jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in raising the children, keeping in mind the children's best interest being paramount. Each party agrees not to attempt to alienate Elijah's and Azmir's affections from the other party and neither party shall make disparaging remarks about the other in the children's presence, nor permit third parties to do so. Each party shall notify the other of any activity or circumstances concerning the children that could reasonably be expected to be of concern or interest to the other. Day to day decisions shall be the responsibility of the parent having physical custody, whether primary or partial. With regard to emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor or professional concerning the children, and to receive any and all relevant reports or other written information generated by such individuals concerning the children, and a copy of this 111 1' /4?1a "w, (Q ?8 V U 83S 0001 3HI JO Ki:::110- 03lu 4 order shall act as authority to any such professional to release information regarding the children to either parent, upon request. 2. During the academic year, the following custody schedule shall control: a. Mother shall have primary physical custody of the children from Sunday evening when she picks up the children at Father's residence at 7:00 p.m. until Friday when school is dismissed. b. Father shall have periods of visitation every weekend. He shall pick up the children when school is dismissed on Friday until Sunday at 7:00 p.m. at which time Mother will pick them up at Father's residence. c. Father shall be responsible for providing transportation to pick the children up on Fridays when school is dismissed. d. If the children do not have school on Friday, Father's periods of visitation will begin when school is dismissed on Thursday. e. If the children do not have school on Monday, Father will remain in custody of the children until 7:00 p.m. Monday evening at which time Mother will pick them up at the Father's residence. 3. During the summer break the following custody schedule shall control: a. Father will have physical custody of the children from Sunday at 7:00 p.m. until Friday at 5:00 p.m. b. Mother will have physical custody of the children from Friday at 5:00 p.m. until Sunday at 7:00 p.m. c. Mother shall be responsible fro picking up the children from Father at 5:00 p.m. on Friday evening. d. Father shall be responsible for picking up the children from Mother at 7:00 p.m. on Sunday evening. e. Both parties shall be entitled to two non-consecutive weeks of time in the summer in order to have vacation time with the children. Each party must provide the other with 45 days notice as to when he/she wishes to exercise each week of custody. 4. The parties shall follow a holiday schedule as outlined below to ensure their ability to both celebrate holidays with the children: a. The parties will alternate Memorial Day, July 4th, and Labor Day with Father having custody for Memorial Day 2009. b. The parties will alternate the Thanksgiving break with Father having custody in even numbered years and Mother having custody in odd numbered years. The Thanksgiving break shall begin when the children are dismissed from school and shall end at 7:00 p.m. the evening before the first day back to school following the break. c. Each year for the children's Winter Break, the parties shall consult the school calendar to determine the number of days in that break, including weekends. The parties shall evenly halve the Winter Break with Mother having the first half of the break in even numbered years and Father having the first half of the break in odd numbered years. d. Mother's Day shall always be celebrated with Mother and Father's Day with Father. This holiday shall extend from 8:00 a.m. until 7:00 p.m. the day of the holiday with the receiving party responsible for providing transportation. 5. The parties agree that they will always provide each other with current contact information pertaining to the children, including changes of address or telephone numbers. 1 14. 6. Both parties shall be entitled to reasonable telephone access to their children while they are with the other parent and neither parent shall frustrate the other parent's reasonable telephone access to the children. 7. Both parties shall make their best efforts to maintain open communication between each other, through telephone, email or other such communication, so that such communication is directed between the parties and not through the children or significant others. This shall not preclude communication between either party's subsequent spouses, significant others, or other relatives, but is meant to encourage direct communication between the parties in order to develop and maintain a cooperative co-parenting relationship. 8. 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. 9. This Court shall retain jurisdiction over this matter for purposes of enforcement and modification, unless both parties agree in writing to transfer jurisdiction to any other appropriate Court. ZJessica Hoist, Esquire Attorney for Plaintiff .i Vincent M. Monfredo, Esquire Attorney for Defendant bas eoP«.,w??.L By the Court, Vk -t- Al M. L. Ebert, Jr., J.