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HomeMy WebLinkAbout08-5798MITCHEL C. SHAFFER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. - CIVIL ACTION - CUSTODY MELISSA E. SHAFFER, . Defendant NO. or- S 75 5?' C ".( 4crM N O T I C E T O D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 Michael Rentschler, Attorney for Mitchel C. Shaffer MITCHEL C. SHAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. MELISSA E. SHAFFER, Defendant : No. 0j-- 7 f 9 r ?,,,1 `f erft CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, MITCHEL C. SHAFFER, by his attorney Michael. D. Rentschler, Esquire, who files the within Complaint in Custody, and respectfully avers the following: 1. Your Plaintiff is Mitchel C. Shaffer, an adult individual who currently resides with his brother at 737 Manor Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Melissa E. Shaffer, an adult individual who is believed to reside at 430 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant are the natural parents of two minor children, Brittany R. Shaffer born September 19, 1991 and Alexandra M. Shaffer, born December 17, 1993. (hereinafter referred to as the "Children".) 4. The Children have lived with the following persons at the following times: a. The parties separated in March, 1998. The children were staying with Defendant until September, 1998. Plaintiff and Defendant had a shared custody arrangement at the time. b. Beginning on September 28, 1998, and continuing for the next few months, the children lived exclusively with Plaintiff. c. In 1999, the parties shared physical custody of the children, but Plaintiff had the children more often than Defendant. d. From 1999 to November, 2002, the parties shared physical custody of the children. e. On November 3, 2002, Brittany began living with her mother and the other two children were with their father, although the parties continued to share physical custody of the children on approximately a 50-50 split. f. In 2003, Shannon started staying with her mother, and Alexandra was with her father. g. In 2004, Alexandra started staying with her mother more than with father, but the parties continued to share physical custody of the other two children on approximately a 50-50 split. h. From 2006 to 2007, the mother and the children resided in Mechanicsburg, PA with an unknown adult male. It is alleged that in this time frame, there were numerous domestic disputes between mother and the unknown male. i. Around 2007 to 2008, mother and the children lived at 819 Allenview Drive, Mechanicsburg, PA. Mother left that residence in July, 2008 and did not give father her new address. j. Mother is purportedly living at 430 South Pitt Street, but father does not know whether the children are living with her at this address because it is alleged that the children have been staying with various third parties for the past few months and mother has consistently refused to confirm her address and has consistently refused to permit the father to visit with the children. 5. Plaintiff believes that it is in the Children's best interest that he is granted joint legal custody and primary physical custody with Children for the following reasons: a. Plaintiff is the loving parent of the children and, except for one time in the past two months, has not been able to see the children since February, 2008; b. Father believes that he can provide a more structured and a more suitable environment for the Children, and, consequently, one that would be more in the children' best interest than one that can be provided by Defendant; c. It is believed and therefore averred that the persons with whom the children have recently been in the presence of persons of suspect and dubious character who are not good role models for the children. d. Mother has systematically denied father visitation with the children for months. e. Father has served as the primary parent of the children in the past. f. Mother has been unable to maintain a stable environment for the children. g. There is no rational basis for denying him joint legal custody and majority physical custody of the Children. 6. The Court of Common Pleas of Cumberland County has jurisdiction in this case since the Children have resided in Cumberland County, Pennsylvania in excess of the statutorily prescribed length of time. 7. There have not been any actions for custody of the minor Children in Pennsylvania or elsewhere. WHEREFORE, it is respectfully requested that this Honorable Court award Plaintiffjoint legal custody and majority physical custody of the children. Respectfully submitted, Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Supreme Court ID # 45836 Attorney for Plaintiff VERIFICATION I, Mitchel C. Shaffer, Plaintiff, do hereby swear and affirm that the statements contained in the foregoing document are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904, which relates to unworn falsification to authorities. Date: 0q- a-a-O MITCHEL C. SHAFFE C`? C? cf ? li.t rq? U) -Ti FT; 1 MITCHEL C. SHAFFER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MELISSA E. SHAFFER DEFENDANT 2008-5798 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, October 02, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 11, 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/ Mn L. Mangan, r. Es q. 11 V? Custody Conciliator 17 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 J f'! 1 V 4- 1 30 0001 ."off ?R?,# Mitchel C. Shaffer, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-5798 CIVIL ACTION Melissa E. Shaffer, IN CUSTODY Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Melissa E. Shaffer, the Defendant, in the above captioned matter. October 22 2008 dson I ZI-K; Certified Legal Intern Megan 'esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 c '" CI ? r X11 Tom` = CID MITCHEL C. SHAFFER Plaintiff V. MELISSA E. SHAFFER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5798 ACCEPTANCE OF SERVICE CIVIL TERM I, Victor Davidson II, accept service of the Custody Complaint on behalf of Melissa E. Shaffer and certify that I am authorized to do so. O Date /0 14 actor Davidson Certified Legal Intern aeZ THOMAS 'M. PLACE ROBERT E. RAINS ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717- 243-2968 Fax: 717-243-3639 r-a G ?r? i g-, MITCHEL C. SHAFFER, Plaintiff V. MELISSA E. SHAFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 08-5798 CIVIL TERM ANSWER TO PETITION FOR CUSTODY PURSUANT TO RULE 1915.15 AND COUNTERCLAIM FOR CUSTODY AND NOW, comes the Respondent, Melissa E. Shaffer, by and through her attorneys, the Family Law Clinic, and respectfully responds to the Petition for Custody Pursuant to Rule 1915.15: 1. ADMITTED 2. DENIED in part, by way of further answer, the Defendant Melissa E. Shaffer, resides at 303 N. Market Street, Mechanicsburg, Pa 17055 3. ADMITTED 4. ADMITTED in part and DENIED in part. Each section is answered individually as below. a. ADMITTED b. DENIED in part. The children lived with Father exclusively beginning in October 1998 and ending in mid December 1998. c. DENIED, the parties shared physical custody of the children and the children spent equal time with each parent. d. DENIED, starting 2001, Shannon Shaffer stayed exclusively with Mother. e. DENIED, in November 2002 all the children were staying with Mother exclusively and visiting Father less often. f. DENIED, all children were staying exclusively with Mother in 2003. g. DENIED, all children were with Mother in 2004. h. DENIED, no male stayed in Mother's home from 2006 to 2007. i. ADMITTED, by way of further answer, Mother could not give Father the address because Father had no contact with children after January 2008. j. DENIED in part, Mother resides at the address listed above. Children have always resided with Mother and Mother allows the Father to contact or visit with the children at his own discretion. 5. DENIED in part. Each section is answered individually as below a. DENIED in part, by way by further answer, Father has chosen not to see the children. b. No response is necessary as this is a belief and not a factual allegation. c. DENIED d. DENIED, Mother has given Father contact information so he could call and schedule visits directly with the children, but Father has failed to make any attempt to visit the children up until late August 2008 when mother allowed visitation. e. ADMITTED, by way of further answer, Father was the primary caretaker of the children from October 1998 - Mid December 1998. f. ADMITTED in part and DENIED in part, by way of further answer, lack of financial support from Father has left Mother financially strained; however, the children always have food, shelter, regular schooling, supervision and transportation to employment. g. No response is necessary as this is a belief and not a factual allegation. 6. ADMITTED 7. ADMITTED COUNTERCLAIM 8. Paragraphs 1-7 are incorporated as if fully set forth herein. 9. Defendant seeks primary custody of: Name Present Residence Age Brittany R. Shaffer 303 N. Market St., Mechanicsburg, PA 17055 17 Alexandra M. Shaffer 303 N. Market St., Mechanicsburg, PA 17055 14 The children were not born out of wedlock. The children are presently in the custody of Melissa E. Shaffer, who resides at 303 N. Market Street, Mechanicsburg, PA 17055. During the past five years the children have resided with the following persons at the following addresses: Persons Address Dates Melissa E. Shaffer 303 N. Market St., Mechanicsburg, PA 9/08 - present Amy Baxter Samantha Gates Melissa E. Shaffer 430 South Pitt Street, Carlisle, PA 17013 8/08 - 9/08 Lisa Christopher Melissa E. Shaffer 819 Alenview Dr., Mechanicsburg, PA 8/07 - 7/08 Brittney R. Shaffer Mitchel C. Shaffer 737 Manor Road, Camp Hill, PA 17011 7/07 - 8/07 Alexandria M. Shaffer Kayla Patti Michael Patti 1796 Lehman Street, Hershey, PA 17033 7/07 - 8/07 Melissa E. Shaffer 676 Cumberland Point Cir., Mechanicsburg, PA 1/07 - 6/07 Melissa E. Shaffer Highland St., Steelton, PA 10/06 - 12/06 Melissa E. Shaffer Coover Street, Mechanicsburg, PA 6/06 - 10/06 Melissa E. Shaffer 506 E. Elmwood Apt. 3, Mechanicsburg, PA 6/01 - 6/06 The mother of the children is Melissa E. Shaffer. She is single. The father of the children is Mitchel C. Shaffer. He is single. 10. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons: Name Relationship Amy Baxter niece Samantha Gates great - niece Brittany R. Shaffer daughter Alexandra M. Shaffer daughter Shannon Shaffer daughter 11. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Michael Shaffer brother 12. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Defendant has been the children's primary caretaker for most of the children's lives; b. Defendant provides the children with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff lives in the basement of his brother's home; d. The basement is not clean and does not have adequate room for the children; e. During Plaintiff's partial custody, he leaves the children unattended without any way for the children to contact him or Defendant; f. Children do not feel comfortable residing with Plaintiff, g. Defendant has permitted contact between Plaintiff and the children and will continue to do so; h. Defendant is willing to accept custody of the children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the children have been named as parties to this action. WHEREFORE, Mother requests that this Honorable Court enter an Order: 1. Denying Father's request for primary custody of the children, 2. Dismissing Father's Petition for Primary Custody, 3. Directing that any New Matter is to be addressed at the at the Pre-Hearing Custody Conference scheduled for November 11, 2008 at 8:30 a.m. in front of John J. Mangan, Jr., Esquire. Respectfully Date: Victor Davidson II Certified Legal Intern r - fij,41 MEGA RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Answer to Petition for Primary Custody Pursuant to Rule 1915.15 and Counterclaim is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relati g to unsworn falsification to authorities. Shaffer ?, _? ?:? F x _?, '..' ?, , a ?? ?, MITCHEL C. SHAFFER, Plaintiff V. MELISSA E. SHAFFER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 08-5798 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Melissa E. Shaffer, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Ret7!2: Victor Da\v-id§`o_n II Certified Legal Intern KHE-GA14 RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ;??? 1r, ;?, t.:. ,,, r.,, s NOV 1 4 2008 MITCHELL C. SHAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5798 CIVIL ACTION LAW MELISSA E. SHAFFER, IN CUSTODY Defendant ORDER OF COURT AND NOW this O'k day of November 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: `1' 1. A Custody Hearing is hereby scheduled on the day of _J A at / 3D am/pm in Courtroom number __a_ in the Cumberland County Court of Co n Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. 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. Legal Custody: The Father, Mitchell Shaffer, and the Mother, Melissa Shaffer, shall have shared legal custody of Brittany R. Shaffer, born 09/19/1991 and Alexandra M. Shaffer, born 12/17/1993. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing Tuesday 11/18/2008, Father shall have physical custody of the Children every Tuesday 6:00 pm until Wednesday morning with Father transporting the Children to Mother's residence prior to school. b. Father shall have physical custody of the Children every other weekend from Friday 6:00 pm until Sunday 6:00 pm. C. All exchanges of custody, with the exception of the Wednesday mornings, shall occur at the Barnes and Noble parking lot in Camp Hill. d. It is understood that the custodial parent will need to make arrangements to transport Brittany to or from work during her employment hours. e. Father may have additional periods of physical custody as mutually agreed upon. 6- -a 4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed upon. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. i1V s tribution: egan Riesmeyer, Esq. ichael Rentschler, Esquire, 28 N. 32°d Street, Camp Hill, PA 17011 _.,4ohn J. Mangan, Esquire eO?i'gs rrtat?L ??liglo? CID LL.•f 1?? '? L C:D ?'. u 0 MITCHELL C. SHAFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5798 CIVIL ACTION LAW MELISSA E. SHAFFER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Brittany R. Shaffer 09/19/1991 Shared Mother and Father Alexandra M. Shaffer 12/17/1993 Shared Mother and Father 2. A Conciliation Conference was held with regard to this matter on November 11, 2008 with the following individuals in attendance: The Mother, Melissa E. Shaffer, with her counsel, Megan Riesmeyer, Esq., FLC The Father, Mitchell C. Shaffer, with his counsel, Michael D. Rentschler, Esq. 3. Father's position on custody is as follows: Father requests primary physical custody of both Children, or at least more of a shared physical custody situation. Father alleges that Mother has hindered his contact with the Children. Father alleges that the Children are not doing well in school. Father has concerns about Mother moving frequently and not keeping him informed of the Children's address. Father indicates that Brittany primarily would like to live with him. Father indicates that he is planning on moving into a residence soon that could accommodate the Children and have them remain in the Mechanicsburg School District. 4. Mother's position on custody is as follows: Mother also requests primary physical custody of the Children and proposes an alternating weekend schedule for Father. Mother indicates that the Children want to primarily live with her. Mother acknowledges that there are some grade issues with the Children is trying to help the girls bring their grades up. Mother asserts that Father's current residence is not appropriate for the Children to spend extended periods of time with Father. Mother asserts that the Children do not feel comfortable at Father's residence and would prefer to get ready for school in the morning at Mother's residence. Mother indicates that she is moving into a new residence that is appropriate for the Children and in the same school district that they currently attend. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date John gan, Esquire Cus ody onciliator MITCHELL C. SHAFFER V. MELISSA E. SHAFFER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-5798 CIVIL TERM ORDER OF COURT AND NOW, this 9?- day of December, 2008, Mitchell C. Shaffer having requested a continuance, unopposed by counsel for Melissa E. Shaffer, the hearing currently scheduled for February 2, 2009, is cancelled and rescheduled to commence at 1:30 p.m., Monday, March 2, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. Zmitchell C. Shaffer 737 Manor Road Camp Hill, PA 17011 /egan Riesmeyer, Esquire Family Law Clinic :sal /a./1466 t:zel G? CJ r._ 4e,? ? - l CV C.) MITCHEL C. SHAFFER, PLAINTIFF V. MELISSA E. SHAFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-5798 CIVIL TERM ORDER OF COURT AND NOW, this ge? day of March, 2009, this case having been called on a hearing on the merits, and the parties having reached an agreement for the entry of an order, IT IS ORDERED: (1) The temporary custody order entered on November 17, 2008, is vacated. (2) Mitchel C. Shaffer and Melissa E. Shaffer shall have shared legal custody of Brittany Shaffer, born September 19, 1991, and Alexandra Shaffer, born December 17, 1993. (3) Melissa E. Shaffer shall have primary physical custody of Brittany and Alexandra. (4) Mitchel C. Shaffer shall have temporary physical custody of Brittany and Alexandra as follows: (a) The second and fourth weekend of every month. He shall pick them up at 6:00 p.m. on Fridays at the mother's residence or at the employer of the child, and return them to the mother's residence at 6:00 p.m. on Sundays. (b) Every Tuesday, or other weekday evenings that any child agrees, from when he shall pick them up at 4:30 p.m. and return them to the mother's residence at 8:00 p.m. (5) The mother shall have the children every Mother's Day and the father shall have them every Father's Day and on alternate holidays. (6) The father shall notify the mother of any change in plans or location of where the children will be spending weekends while in his custody. (7) In even numbered years, the mother shall have the children in even numbered years on Christmas Eve and the father shall them on Christmas Day. In odd numbered years the father shall have them on Christmas Eve and the mother shall have them on Christmas Day. The children will stay the night with the parent with whom they spend Christmas Eve and shall be picked up at noon on Christmas Day by the parent receiving them. (8) The custodial parent will notify the other parent of all medical care the children receive while in that parent's care. The parents will notify each other immediately of any emergency medical care provided to the children. (9) Neither parent will do anything nor will they allow family members to do anything that may estrange the children from the other parent 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. (10) Neither parent shall drink alcoholic beverages in the presence of the children. (11) The mother shall ensure that each child has medical insurance cards provided by her employer on their person when they visit their father. (12) The father shall have reasonable phone contact with the children on their personal cell phones with the understanding that Brittany cannot accept phone calls -2- when she is working. The mother shall ensure that Brittany provides her father with her work schedule. (13) The mother shall provide the father with notification of any change in her address. By th ? rt, Edgar B. Ba?1ey, J. "' Michael Rentschler, Esquire For Mitchel C. Shaffer Victor Davidson, II, Certified Legal Intern Megan Riesmeyer, Esquire Family Law Clinic For Melissa E. Shaffer sal 31? f? -3- ?t0 •£ kd C- N?W69OZ