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Home My WebLink About04-1226JOSHUA GUERN FEALTMAN, Plaintiff VS. JENNIFER CLUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- Io~l~_.to CIVIL TERM : CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Joshua Guern Fealtman, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JOSHUA GUERN FEALTMAN, Plaintiff VS. JENNIFER CLUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- / fi. oz 6, CIVIL TERM : CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Joshua Guern Fealtman. Plaintiff's permanent residence is 427 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Jennifer Joyce Cluck, formerly residing at 2 Wheatfield Drive, Carlisle, Cumberland County, Pennsylvania 17013, but now at an unknown address in Camp Hill, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the minor child: Name Present Residence Age Julius Guern Fealtman unknown address 10/20/2003 DOB, 5 mths old Camp Hill, PA The child, Julius Guern Fealtman, was born out of wedlock. The child is presently in the custody of the defendant, who formerly resided at 2 Wheatfield Drive, Carlisle, PA 17013, and is now at an unknown address in Camp Hill, Pennsylvania. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Jennifer Cluck Debra McClain "Bud" McClain Jennifer Cluck Christopher Beels Address 2 Wheatfield Drive Carlisle, PA 17013 unknown address Camp Hill, PA Date Birth to 3/04 3/04 - present The mother of the child is Jennifer Cluck, formerly residing at 2 Wheatfield Drive, Carlisle, PA 17013, and now living at an unknown address in Camp Hill, Pennsylvania. She is single. The father of the child is Joshua Guem Fealtman, currently residing at 427 West Main Street, Mechanicsburg, Pennsylvania 17055. He is single. 4. The relationship ofplaintiffto the child is that of father. The plaintiff currently resides with the following persons: Name Joshua Guern Fealtman Guem Feal~an Matt Selders Relationship Self Plaintiff's father Roommate 5. The relationship of the defendant to the child is that of mother. It is believed that the defendant currently resides with the following persons: Name Jennifer Cluck Christopher Beels Julius Guern Fealtman Relationship Self Boyfriend Child with Plaintiff 6. The 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. 7. The plaintiff has no information ora custody proceeding concerning the child pending in a court of this Commonwealth. 8. 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 children. 9. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including, but not limited to the following: a) The father can provide for the child's emotional, physical, educational, and medical needs including establishing a stable home environment for the child. b) The father lives with the child's paternal grandfather who can contribute to the well being of the child and provide a healthy environment in which to raise a child. c) The father is the parent who can best facilitate any interaction between the child and the defendant. d) The father has a valid driver's license and proper child seating to safely transport the child. e) The defendant has not acted in the best interest of the child in ways including but not limited to the following: i) The defendant has refused to allow the plaintiff to see the child, making it impossible for the plaintiff to develop a healthy father/son relationship with the child. ii) The defendant has moved into a home with her new boyfriend, Christopher Beels, (hereinafter Beels). From a prior friendship with Beels, the plaintiff is familiar with Beels' involvement in drug use and has first hand knowledge that Beels regularly carries a loaded, concealed 9MM weapon. This environment is dangerous for an infant child and the plaintiff's home is free of drugs and illegal weapons. iii) The defendant received a traffic citation for speeding on December 9, 2003. The defendant has not paid the fine and failed to appear for the hearing on the matter. Subsequently, there is an active warrant for the defendant and she is driving on a suspended driver's license. (See Exhibit A attached herein). This is not a safe situation for the transportation of an infant child. iv) The defendant has moved from her parent's home to an unknown location in Camp Hill, Pennsylvania, with Beels. She has refused to provide the plaintiff with the address or a telephone number of her new residence, continuing to impair plaintiff's ability to see the child. v) The plaintiff fears that without a custody order in place, the defendant will continue to place the infant child in an unhealthy and unsafe environment. 10. The plaintiff requests that the court order the following: a. Grant the parties shared legal custody of the child. b. Grant him pr/mary physical custody of the child. c. Grant the defendant periods partial custody on alternating weekends from Friday evening at 6:00 p.m. until Sunday at 6:00 p.m. d. Require the defendant to keep the plaintiff advised of her current address and telephone number. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant him primary physical and legal custody of the child. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 COUNTY OF:' CUH~E~ 0g '3-03 SUS~I K. DAY ~'~°": 229 I~LL STI~ET, BOX 167 l'f~. HOLLY SPRTNGS, PA (717] 486-7672 17065 JOSHULA FEALTMAN C/O JENNIFER J. CLUCK 427 W, MAIN ST. MECHANICSBURG, PA 17011 NOTICE'OE HEARING COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: NAME and ADDRESS FCLUCK, JENNII.'~S~i J 105 W VINE STKEET SHIREMANSTOWN, PA 17011 L Docket N0:: .TI~- 0006847 - 03 Date Filed: 12/10/03 Charaes,~s): I75 S3362 S~A3-19 EXCEED MAX SPEED LIH RSTB BY 19 HPH A hearing has been scheduled for the above captioned case for the following purpose: ** PLEASE READ THE FOLLOWING ** $152.00 W~TH A GuiLTY' PLEA $158.00 WITH A NOT GUILTY PLEA YOU HAVE FAILED TO RESPOND TO A CITATION DATED ~'J:j~. IF PLEADING NOT GUILTY PRIOR TO HEARING REMIT,~]0TOGETHER WITH YOUR WRITTEN PLEA OF NOT GUILTY. YOUR LICENSE I~ CURRENTLY UNDER SUSPENSION. PAYMENT BY CHECK WILL DELAY RELEASE OF SUSPENSION DOCUMgNTATION FOR 30 DAYS. Thehearingwillbeheldatthefollowingdateandtime: Date: 2/13/04 Place: DISTRICT COUP. T 09-3-03 229 HILL ~TREET, BOX 167 Time: 10:00 AM MT. HOLLY SPRINGS, PA 17065 1,30,04 Date./_...~ ~--/' ~ '~"*'~ ~//~ District ,Justice /- / My commission expires first Monday of January. 2004 . SEAL If you ara disabled and requlra a raasonable acCommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We ara unable to provide transportation. CITATION I~HBER: A9180701-5 DATE CITATION SIG~.~: 12/09/03 AOPC612-02 DATE PRINTED: 1/30/04 10:13:15 AM VERIFICATION The above-named PLAINTIFF, 3oshua Guern Fealtman, 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: ~zt'g ~ ~ l j JOSHUA GUERN FEALTMAN, Plaintiff VS. JENNIFER CLUCK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04- CIVIL TERM : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Jennifer Cluck with a Petition for Special Relief on ~t~ch ~ ,2004 by certified mail, remm receipt, restricted delivery, to the person and address below: Jennifer Cluck 2 Wheatfield Drive Carlisle, PA 17013 Jennifer Cluck c/o Droso's Silver Spring Diner 6520 Carlisle Pike Mechanicsburg, PA 17055 I, Jessica Diamondstone, 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: 3. o25' O-I S~gnature JOSHUA GUERN FEALTMAN, Plaintiff VS. JENNIFER CLUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04- ~ CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Joshua Guern Fealtman, by and through her counsel, Jessica Diamondstnne of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the father, who resides at 427 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Respondent is the above-named Defendant, hereinafter referred to as the mother, who resides at an unknown address in Camp Hill, Pennsylvania. 3. The above-named Petitioner is the biological father of Julius Guern Fealtman, bom October 20, 2003. The above-named Respondent is the natural mother of Julius Guem Fealtman. 4. The father and mother resided together until immediately before the child was bom. The father and mother agreed that the mother would live with her parents until the father was able to renovate their home to set up a room for the child when it was bom. When the child was bom, the mother never returned to the home that she and the father shared. 5. The mother lived with her parents at 2 Wheatfield Drive, Carlisle, Pennsylvania from the time the child was born until March 2004. Beginning in December 2003, the mother arbitrarily decreased the father's time with the child and since late January 2004, the mother has completely refused to allow the father to see the child. 6. In March 2004, the mother moved into an unknown address with her new boyfriend in Camp Hill. Although she called the father to let him know that she had moved, she refused to provide a current address and continues to refuse the father to have any contact with the child. 7. The mother is not acting in the child's best interest for reasons including, but not limited to, the following: a. The mother has refused to allow the father to see the child, making it impossible for him to develop a healthy father/son relationship with the child. b. The mother is now living with her new boyfriend, Christopher Beels (hereinafter Beels). From a prior friendship with Beels, the father is familiar with Beels' involvement with drug use and has first hand knowledge that Beels carries a loaded, concealed 9MM gun. This is not a safe environment for an infant. c. The mother received a traffic citation for speeding on December 9, 2003. The defendant has not paid the fine and failed to appear for the hearing on the matter. Subsequently, them is an active warrant for the defendant and she is driving on a suspended driver's license. (See Exhibit A attached herein). This is not a safe situation for the transportation of an infant child. d. The mother has refused to provide the father with her new address and continues to refuse to allow the father any visits with the child. e. The father fears that without a custody order in place, the mother will continue to place the infant child in an unhealthy and unsafe enviromnent. 8. The father is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The father can provide for the child's emotional, physical, educational and medical needs, including establishing a stable home environment for the child. b. The father lives with the child's paternal grandfather who can contribute to the well being of the child and provide a healthy environment in which to raise a child. c. The father has all of the necessary items needed to care for an infant, including, but not limited to, a crib/bassinet, changing table, high chair, car seat, clothes, diapers, bottles and formula. d. The father is the parent most capable of facilitating interaction between the child and the non-custodial parent. e. The father has a valid driver's license and appropriate child seating needed to safely transport the child. 9. The father requests that the Court grant primary physical custody of the child to him with periods of partial custody to the mother, until a custody conciliation can be scheduled. 10. Without this Court's intervention, the father and child are at risk of irreparable harm by being denied contact with each other. 1 i. It is unknown whether the mother has legal counsel and because of her failure to provide any contact information, father's counsel cannot attempt to contact her/him to seek concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. The parties are granted shared legal custody of the child. b. The father is granted primary physical custody until the parties are able to attend a custody conciliation. c. The mother is granted periods of partial custody on alternating weekends from 6:00 p.m. on Fridays until 6:00 p.m. on Sundays. These periods of partial custody are contingent on the mother providing the father with a current address and telephone number. d. The defendant is prohibited from removing the child from Pennsylvania. e. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Attorney for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 CQUNTY.,OF: CUMBERLAND 09 =3=03 SUSAN K. DAY 229 MILL STREET, BOX 167 MT. HOLLY SPRINOS, PA (717) 686-7672 17065 JOSHULA FEALTMAN C/O JENNIFER J. CLU6"K 427 W. MAIN ST. MECHANICSBURG, PA 17011 NOTICE DE HEARING COMMONWEALTH OF PENNSYLVANIA VS. DEFENDANT: ~E and ADDRESS UCT.UCK, JENNI~'JsK J 105 W ~ S~ET SHIeSt, PA 17011 Docket No.: .TR- 000684,7 - 03 Date Filed: 12/10/03 CharGes(s): 75 S3362 S~A3'-19 EXCEED MAX ~PEED LIM ESTB BY 19 MPH A hearing has been scheduled for the above captioned case for the following purpose: ** PLEASE R~a.D THE FOLLOWING $152.00 WITH A GOILT3T*PLEA C0~y ~158.00 W/TH A NOT GUILTY ~L~ . YOU HAVE FAILED TO ~ESPOND TO A CITATION DATED ~{~. IF PLEADING NOT GUILTY PRIOR TO HEARING REMiT~{~ETHER WITH YOUR WRITTEN PLEA OF NOT GUILTY. YOU~ LICENSE IS CURRENTLY UNDER SUSPENSION. PAYMENT BY CHECK WILL DELAY RELEASE OF SUSPENSION DOCUMENTATION FOR 30 DAYS. The hearing will be held at the following date and time: Date: 2/I3/0a. Plabe: Time: 10:00 AM DISTRICT COURT 09-3-03 229 MI[J~ STREET, BOX167 MT. HOLLY SPRINGS, PA 17065 My commission expires first Monday of January, 2004 . SEAL If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. CITATION NI]MBER: A9180'701- 5 DAT~ CITATION SIGE~-ED: 12/09/03 AOPC 612-02 DATE PRINTED: 1/30/0~ 10:13:15 AM VERIFICATION The above-named PLAINTIFF, 3oshua Guern Fealtman, verifies that the statements made in the above Petition for special Relief 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. Jo~ua Guern Fealtman JOSHUA GUERN FEALTMAN, Plaintiff VS. JENNIFER CLUCK, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-/%IVIL TERM : CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Diamondstone, do hereby swear that I served Jennifer Cluck with a Petition for Special Relief on ~41~1 ~..~ ,2004 by certified mail, return receipt, restricted delivery, to the person and address below: Jennifer Cluck 2 Wheatfield Drive Carlisle, PA 17013 Jennifer Cluck c/o Droso's Silver Spring Diner 6520 Carlisle Pike Mechanicsburg, PA 17055 I, Jessica Diamondstone, 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: 3 '0)30q Signature: ~~ JOSHUA GUERN FEALTMAN PLAINTIFF V. JENNIFER CLUCK DEFENDANT IN TItE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1226 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 29, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 22, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be: made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a~e 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 ali 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/ Hubert X. Gilroy, Esq. Custody Concihator mhc 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 ~iItE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL E2ELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JOSHUA GUERN FEALTMAN, Plaintiff JENNIFER CLUCK, VS. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- [ ~o~, CIVIL TERM : CUSTODY AND this m~ Relief, the following order is entered: -- _, upon consideration of the Petition For Special 1. The parties shall have shared legal custody of the child. p~' . e la e y return t e c ~ i~6~'f'fi~/~.~ ~ y 4. The mother is prohibited from removing the child from Pennsylvania, until a permanent custody schedule can be established at a custody conciliation. J/~essica Diarnondstone, Attorney at Law ' MidPenn Legal Services ?.~. ~_ 8 Irvine Row Carlisle, PA 17013 ~ennifer Cluck /' 2 Wheatfield Drive ~' '~° 3\° 0 q Carlisle, PA 17013 JOSHUA GUERN FEALTMAN, Plaintiff Vo JENNIFER CLUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1226 CIVIL TERM CUSTODY IN RE: AND NOW, PETITION FOR SPECIAL RELIEF ORDER OF COURT this 7th day of April, 2004, after hearing on Plaintiff's following Temporary Order to be in effect only until such time the matter is resolved between the parties at conciliation or decided after a full-blown hearing in front of the Court: 1. The parties shall have shared legal custody of the child, Julius Guern Fealtman, born October 20, 2003. 2. said child. Petition for Special Relief, we enter the as The Mother shall have primary physical custody of that Mother works, from 5:30 p.m. the child up at the grandmother's return the child to that home. Father may visit with the child on the evenings until 7:30 p.m. He shall pick or baby-sitter's home and shall The conciliator is directed to review the visitation arrangement and to determine whether overnight visitation would be appropriate pending a full-blown hearing before this Court. 4. Neither party shall remove the child from this Court's jurisdiction without the agreement of the other party or further order of this Court. Edward E. Guido, J. Jessica Diamondstone, Esquire MidPenn Legal Services For the Plaintiff William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 For the Defendant srs JOSHUA GUERN FEALTMAN, Plaintiff V JENNIFER CLUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004- 1226 : IN CUSTODY CO~TO~ER AND NOW, this I~N day of May, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed that this court's prior order of April 7, 2004 is vacated and replaced with the following temporary order: 1. The mother, Jennifer Cluck, and the father, Joshua Guern Fealtman, shah enjoy shared legal custody of Julius Guern Fealtman born October 20, 2003. 2. The mother shah have primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: a. Two days per week from 9:00 a.m. until 5:00 p.m. The two days shah be arranged between the parties with the parties communicating in advance every week in designating the two days. b. At such other times as the parties may agree. 4. For purposes of exchange of custody, the parties shah share transportation with the parties meeting at the intersection of Wesley Drive and Simpson Ferry Road in Mechanicsburg. 5. Legal counsel for the parties shah conduct a telephone conference call with the Conciliator on July 1, 2004 at 8:30 a.m. At that time and assuming the custody arrangement has proceeded well, the Conciliator shall address the issue of father obtaining overnight visitation with the minor child. 6. In the event there are any problems relative to visitation, counsel for either party may contact the Conciliator directly to get an expedited Conciliation Conference scheduled. The above order is a temporary order and subject to further modification by this court either after a hearing or by agreement of the parties. The parties may modify this order by their own agreement. Absent an agreement, the above order shall control. cc: o/VV/llliam L. Grubb, Esquire ~/Jessica Diamondstone, Esquire JOSHUA GUERN FEALTMAN, Plaintiff JENNIFER CLUCK, Defendant HAY 0 6 21104 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2004- 1226 : IN CUSTODY' Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMM[ARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Julius Guern Fealtman, October 20, 2003. A Conciliation Conference was held on April 30, 2004, with the following individuals in attendance: The mother, Jennifer Cluck, with her counsel, Williiam L. Grubb, Esquire, and the father, Joshua Gui~rn Feaitman, with his counsel, Jessica Diamondstone, Esquire. Based upon a recommendation from the Conciliator, the parties agree to the entry of an order in the form as attached. DATE Hubert X. (~ilroy, Esquire Custody Conciliator NOV 2 4 2004 JOSHUA GUERN FEALTMAN, Plaintiff VS. JENNIFER CLUCK, Defendant ' CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04- j ~,~ ~ CIVIL TERM CUSTODY AGREEMENT AND ORDER ANDNOW, this ~[~tkdayof~ .,20()4, the followingOrderis entered by consent of the parties with regard to custody of the minor child, Julius Guern Fealtman, born October 20, 2003: 1. Jennifer Cluck, hereinafter referred to as Mother, and Joshua Fealtman, hereinafter referred to as Father, shall share legal custody of the child, Julius Guern Fealtman. 2. Mother shall have primary physical custody of the child. 3. Father shall enjoy periods of partial physical custody of the minor child every week as follows: a. Tuesday at 9:00 a.m. until Wednesday at 9:00 a.m. b. Friday at 9:00 a.m. until Saturday at 5:00 p.m. 4. The parties shall alternate the major holidays of Easter, Memorial Day, Independence Day and Labor Day from 9:00 a.m. until 7:00 p.m. 5. The Thanksgiving holiday shall be alternated yearly with one party having custody on Thanksgiving Day from 9:00 a.m. until 7:00 p.m. and the other parent having custody the following day, from 9:00 a.m. until 7:00 p.m. This schedule shall begin in 2004, with Mother having custody on Thanksgiving Day and Father having custody on the following day. 6. The parties shall alternate the Christmas holiday with one party having custody on Christmas Eve from 9:00 a.m. until 7:00 p.m. and the other party having custody from 7:00 p.m. on Christmas Eve until 7:00 p.m. Christmas Day. This shall begin in 2004, with Mother having the first period of custody from 9:00 a.m. until 7:00 p.m. on Christmas Eve and Father having the second period of custody from 7:00 p.m. until 7:00 p.m. Christmas Day. 7. Mother shall have custody of the child on Mother's Day and Father shall have custody of the child on Father's Day. These holiday custody periods will last from 9:00 a.m. until 7:00 p.m. 8. The parties shall share the child's birthday with one party' having custody from 9:00 a.m. until 2:00 p.m. and the other party having custody from 2:00 p.m. until 7:00 p.m. This schedule shall alternate each year, beginning in 2005, wherein Mother shall have the first half of the child's birthday and Father shall have the second half of the child's birthday. 9. Father shall have the child for one uninterrupted week of custody during the summer months between June and August. Father shall provide Mother with thirty (30) days notice of when he intends to exercise his week of custody. 10. Mother and Father agree that each shall notify the other immediately of medical emergencies that arise while the child is in that parent's c;are. 11. Each parent shall provide the other with a current address and telephone number. 12. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free and natural development of the child's love or respect for the other parent. Both parties shall provide the child with a "safety zone" by discouraging third parties from making negative remarks about either parent when the child is within earshot. 13. The parties may modify the schedule in the event they reach an agreement between themselves. Absent an agreement, the custody schedule ,,;et forth above shall control. Judge This Order is entered pursuant to the consent of the parties: osh~ua Fealtman, Plaintiff ']~;si~ Diamondstb-ffSmey for Plaintif; '~'" MidPenn Legal Services 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Je~if, gr/Cluck, Defendant