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HomeMy WebLinkAbout04-1597IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA STEPHANIE A. MCFADDEN, Plaintiff, Civil Action At Law CaseNo.64 --/S97 l:lut-7? VS. JOSHUA D. BLOSSER, Defendant, COMPLAINT FOR CUSTODY 1. The plaintiff is Stephanie A. McFadden, sui jruis, residing at 7 N. Benhogan Drive, Etters, 17319 in the County of York, Commonwealth of Pennsylvania 2. The defendant is Joshua D. Blosser, sui juris currently residing at 403 5`h St. Box 218 Summerdale 17093, County of Cumberland, Commonwealth of Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Address Age Deanna M. Blosser same address 10/26/2002 1/1/2 as mother 4. The child was born outside of wedlock. 5. The child is presently in the custody of Stephanie A. McFadden, who resides at 6. 7 N. Benhogan Drive, Etters, 17319 in the County of Cumberland, Commonwealth of Pennsylvania (a) The plaintiff mother, has been the primary caretaker and caregiver of the child and has provided the requisite level of love, support, attention, affection and nurturing and has done so by attending to their physical, psychological, and emotional needs for over since the child's birth. (b) The child currently resides with her mother in the home where she feels a sense of comfort, permanency, and familiarity. (c) Plaintiff, believes and therefore avers that she can continue to provide a predictable and stable lifestyle of which, the children have become accustomed and that will be in the best interest of the children during their formative years and throughout their lives. WHEREFORE, Plaintiff, Stephanie A. Mcfadden, respectfully requests for the aforementioned reasons, that the court grant and award Primary Physical custody of the child Deanna M. Blosser. GREGORY S. HAZLETTT 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. & 4904 relating to unworn falsification to authorities. Date: 5 ep anie A. Mcfadden Plaintiff 7 .,o d r W w ?i O nA c> f STEPHANIE A. MCFADDEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA D.BLOSSER DEFENDANT 04-1597 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 21, 2004 , 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 Wednesday, May 19, 2004 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. 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/ Dawn S. Sunday. Esq. mnc 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 °J4 /4 1. JUJ?O 2004 STEPHANIE A. MCFADDEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 04-1597 CIVIL ACTION LAW JOSHUA D. BLOSSER Defendant IN CUSTODY ORDER AND NOW, this 22nd day of June, 2004 , the conciliator, having received no requests from either counsel to reschedule the custody conciliation conference scheduled for May 19, 2004, hereby relinquishes jurisdiction. FOR THE COURT, y Dawn S. Sunday, Esquire Custody Conciliator _ n cv 0 -rl __ F7j-j i err; r o O c`z - __ -Pry l C? FEB 0 7 20M, STEPHANIE A. MCFADDEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1597 CIVIL ACTION LAW JOSHUA D. BLOSSER Defendant IN CUSTODY ORDER AND NOW, this 2°a day of February, 2005, the conciliator, having received no request from either party to reschedule the custody conciliation conference set for July 13, 200.5 hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator `, .. : ?, _ , -- , j ? C . ' ' . ? ?Y? L:dJ RECEIVED APR 131pps?/,? STEPHANIE A. MCFADDEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1597 CIVIL ACTION LAW JOSHUA D. BLOSSER Defendant IN CUSTODY ORDER AND NOW, this 22nd day of June, 2004 , the conciliator, having received no requests from either counsel to reschedule the custody conciliation conference scheduled for May 19, 2004, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator Q ?i ts7 - wu_ - r. sL c? ?, ?= C N =? RECEIVED APR 13 2005 ?V` STEPHANIE A. MCFADDEN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1597 CIVIL ACTION LAW JOSHUA D. BLOSSER Defendant IN CUSTODY ORDER AND NOW, this 2nd day of Februarv, 2005 , the conciliator, having received no request from either party to reschedule the custody conciliation conference set for July 13, 2004, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator Y 7- l{ l !j Ali ? LLt ? fY y fa U c=am IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA STEPHANIE A. MCFADDEN, Civil Action At Law Plaintiff, Case No. 04-IS97 vs. JOSHUA D. BLOSSER, Defendant, THIS STIPULATION AND AGREEMENT entered into thi,?day of 200 by and between, Stephanie A. Mcfadden (hereinafter referred to as ("Mother") and Joshua D. Blosser (hereinafter refereed to as "Father"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Mother and Father are the natural parents of the following child, by the name of Deanna M. Blosser, (hereinafter referred to as"Child"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the child, NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. I . The mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have JOINT LEGAL CUS'T'ODY. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the child, which shall consist of the following schedule as hereinafter outlined. (a) Father shall have custody of the child on every other weekend commencing at Friday at 6:30 p.m. and ending on the same weekend at Sunday 6:00 p.m. (b) On the weekends that father does not have the child the father shall have 3 consecutive days with the child and two overnights between these three days to commence on Wednesday at 6:30 p.m. and ending on Friday at 10:00 a. m. (c) On the weekends that father does not have the child the Father shall have Tuesday evening after school or at a time agreed to by the parties until Wednesday morning which shall occur during the weeks prior to mother's weekends of custody with the child and shall not fall on the same week as his Wednesday through Friday schedule as outlined within paragraph (b) above. (d) The mother shall have custody at all other times and days that the father does not have custody pursuant to the aforementioned schedule. (e) The party receiving custody shall provide all forms of transportation relative to the custody exchanges. (f) Both parents shall have two (2) non-consecutive weeks with the child for the purpose of summer vacation and each party must provide to the other at least thirty (30) days advance notice of the period of custody during the summer that they choose. The party first to give notice shall be entitled to that period of time with the child. (g) The Easter holiday shall be shared equally as between the mother and father with specific times to be agreed upon by the parties. (h) The Christmas holiday shall be shared equally as between the mother and father with specific times to be agreed upon by the parties. (i) The Thanksgiving holiday shall be shared equally as between the mother and father with specific times to be agreed upon by the parties. 0) All other holidays shall be shared between the parties as they may agree based on their respective schedules. . (k) The holidays shall take precedence over the regular periods of custody with the child. (1) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (m)The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (n) The parties hereto intend to be legally bound by the terms of this agreement. (o) The parties shall at a future date discuss the issue of expanding the father's custody rights to provide more periods of custody with the child as the mother may agree. Dated;7 y?211957- GREGOR'.Y S. HA.ZLETT ATTORNEY AT LAW Meeganlcsdurg, A'A.. A-IU55 (717) 790-55D0 IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth the' hands and s als the day and year herein set forth. Step rwaie A. McFadden COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 2004 personally appeared before BE IT REMEMBERED, that on this ?-day of, me the Subscriber, a Notary Public for the State and County aforesaid, Stephanie A. McFadden party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BE TT REMEMBERED, that on this day of,_ 2004'personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Joshua D. Blosser party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid o- as 4ab C?lTM4rrWf+w?dr^I° ''u'l?,' ?,W,{5 I: i , No-tary Publi rvi •-i T n ? ?_ f1l i' ? `c sn 'r- Cn G.3 l RECEIVED JUL 18 2085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA STEPHANIE A. MCFADDEN, Civil Action At Law---Custody Plaintiff, Case No. 04-1597 VS. JOSHUA D. BLOSSER, Defendant, ORDER OF COURT AND NOW, this to" , day of _<1,4, 2005, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Stephanie A. McFadden (mother) and Joshua D. Blosser, (father) relative to the custody of the child: Deanna M. Blosser (hereinafter referred to as child) IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child. 1. The mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have JOINT LEGAL CUSTODY. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the child, which shall consist of the following schedule as hereinafter outlined. (a) Father shall have custody of the child on every other weekend commencing at Friday at 6:30 p.m. and ending on the same weekend at Sunday 6:00 p.m. (b) On the weekends that father does not have the child the father shall have 3 consecutive days with the child and two overnights between these three days to commence on Wednesday at 6:30 p.m. and ending on Friday at 10:00 a.m. (c) On the weekends that father does not have the child the Father shall have Tuesday evening after school or at a time agreed to by the parties until Wednesday morning which shall occur during the weeks prior to mother's weekends of custody with the child and shall not fall on the same week as his Wednesday through Friday schedule as outlined within paragraph (b) above. (d) The mother shall have custody at all other times and days that the father does not have custody pursuant to the aforementioned schedule. (e) The party receiving custody shall provide all forms of transportation relative to the custody exchanges. (f) Both parents shall have two (2) non-consecutive weeks with the child for the purpose of summer vacation and each party must provide to the other at least thirty (30) days advance notice of the period of custody during the summer that they choose. The party first to give notice shall be entitled to that period of time with the child. (g) The Easter holiday shall be shared equally as between the mother and father with specific times to be agreed upon by the parties. (h) The Christmas holiday shall be shared equally as between the mother and father with specific times to be agreed upon by the parties. (i) The Thanksgiving holiday shall be shared equally as between the mother and father with specific times to be agreed upon by the parties. Q) All other holidays shall be shared between the parties as they may agree based on their respective schedules.. (k) The holidays shall take precedence over the regular periods of custody with the child. (1) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (m)The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (n) The parties hereto intend to be legally bound by the terms of this agreement. (o) The parties shall at a future date discuss the issue of expanding the father's custody rights to provide more periods of custody with the child as the mother may agree. BY THE COURT, O? TO 1 yq ?,? ai'?r=v??yJ 7? Stephanie A. McFadden, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW Joshua D. Blosser, ; Defendant : NO. 04 - 1597 CIVIL TERM WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Plaintiff, Stephanie A. McFadden, at the above captioned docket. Dated: ? ,P 310 7 1 Techanicsburg, PA (717) 790-5500 PLEASE enter my appearance as attorney of record on behalf of the Plaintiff, Stephanie A. McFadden, at the above captioned docket. Respectfully submitted by: Susan Plano C rtified Legal Intern ROBE RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 ca ? o rri? rv rn ?+ lV. tiR STEPHANIE A. MCFADDEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY JOSHUA D. BLOSSER, Defendant : NO. 04 - 1597 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Plaintiff, Stephanie A. McFadden, by her attorneys, the Family Law Clinic, respectfully represents that on July 20, 2005, an Order of Court was entered for custody of Deanna M. Blosser, born October 26, 2002, a true and correct copy of which is attached. Under the existing Order, Mother and Father have joint legal custody of the Child. Mother has primary physical custody of the Child. Father has partial physical custody of the Child on alternate weekends from Friday at 6:30 p.m. until Sunday at 6:00 p.m. On the weekends that Father does not have the Child, Father has three consecutive days, including two overnights, with the Child during the week, commencing on Wednesday at 6:30 p.m. and ending on Friday at 10:00 a.m. On weeks Father does not have the Wednesday through Friday partial custody periods, Father has custody of the Child on Tuesday evening after school until Wednesday morning. Mother has custody at all times that Father does not have custody. The parties share equally Easter, Christmas, and Thanksgiving and all other holidays as mutually agreed. With proper notice to the other party, each party has two (2) non-consecutive weeks with the Child for the purpose of summer vacation. 2. This Order should be modified because: a. The Child, who is four (4) years old, started school in the fall of 2007. b. The parties live in different school districts and the Child is registered to attend school in Mother's school district. c. The Child would enjoy a stable living environment and her education would be uninterrupted during the school week. d. Mother wishes to continue encouraging the Child's relationship with Father and would agree to Father having custody of the Child every other weekend and for a couple hours two nights a week. Additionally, Mother would agree to Father having custody of the Child for four (4) non-consecutive seven (7) day periods during the summer when school is not in session. 3. Concurrence was not obtained pursuant to Cumberland County R.C.P. § 208.2(d), as the Defendant is not represented by counsel. 4. The Honorable Kevin A. Hess is the judge previously involved in this matter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody of the Child every weekday during the school year because it will be in the best interest of the child. Date: /U :3 -G -1(1 Ann Dimitriou Pipkin Certified Legal Intern THOM M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys 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 petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: to - Sko ? (? a) Stephanie McFadden Plaintiff CERTIFICATE OF SERVICE I, Ann Dimitriou Pipkin, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this day of 2007: Joshua D. Blosser 1038 C State Road Duncannon, PA 17020 Ann Dimitriou Pipkin Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 l RECEIVED JUL 18 M IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA STEPHANIE A. MCFADDEN, Civil Action At Law---Custody Plaintiff, . Case No. 04-1597 vs. JOSHUA D. BLOSSER, Defendant, ORDER OF COURT AND NOW, this z o. , day of 2005, upon presentation of the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Stephanie A. McFadden (mother) and Joshua D. Blosser, (father) relative to the custody of the child: Deanna M. Blosser (hereinafter referred to as child) IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child. 1. The mother shall have PRIMARY PHYSICAL CUSTODY of the child. 2. The parties shall have JOINT LEGAL CUSTODY. 3. The father shall have PARTIAL PHYSICAL CUSTODY of the child, which shall consist of the following schedule as hereinafter outlined. (a) Father shall have custody of the child on every other weekend commencing at Friday at 6:30 p.m. and ending on the same weekend at Sunday 6:00 p.m. (b) On the weekends that father does not have the child the father shall have 3 consecutive days with the child and two overnights between these three days to commence on Wednesday at 6:30 p.m. and ending on Friday at 10:00 a.m. (c) On the weekends that father does not have the child the Father shall have Tuesday evening after school or at a time agreed to by the parties until Wednesday morning which shall occur during the weeks prior to mother's weekends of custody with the child and shall not fall on the same week as his Wednesday through Friday schedule as outlined within paragraph (b) above. (d) The mother shall have custody at all other times and days that the father does not have custody pursuant to the aforementioned schedule. (e) The party receiving custody shall provide all forms of transportation relative to the custody exchanges. (f) Both parents shall have two (2) non-consecutive weeks with the child for the purpose of summer vacation and each parry must provide to the other at least thirty (30) days advance notice of the period of custody during the summer that they choose. The party first to give notice shall be entitled to that period of time with the child. (g) The Easter holiday shall be shared equally as between the mother and father with specific times to be agreed upon by the parties. (h) The Christmas holiday shall be shared equally as.between the mother and father with specific times to be agreed upon by the parties. (i) The Thanksgiving holiday shall be shared equally as between the mother and father with specific times to be agreed upon by the parties. 0) All other holidays shall be shared between the parties as they may agree based on their respective schedules. . (k) The holidays shall take precedence over the regular periods of custody with the child. (1) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability. The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (m) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (n) The parties hereto intend to be legally bound by the terms of this agreement. (o) The parties shall at a future date discuss the issue of expanding the father's custody rights to provide more periods of custody with the child as the mother may agree. BY THE COMITY A44-, i Y( j?? 00 3007 'Its r4 Stephanie A. McFadden, Plaintiff V. Joshua D. Blosser Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 04-1597 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Stephanie A. McFadden, Plaintiff, 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. Ann Respectfully submitted, 7-- Date ?a -3 --to Dimitriou Pipkin Certified Legal Intern e ROBE INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Cj S `?,. STEPHANIE A. MCFADDEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-1597 CIVIL ACTION LAW JOSHUA D. BLOSSER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, October 15, 2007 , 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, November 08, 2007 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 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 pennanent 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: Js1 Dawn S. Sunda 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 Its; CC --Zf Wd 91 130 LOOZ ibV! U v&-ijodd 3Hi ?O Stephanie McFadden, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Joshua Blosser, Defendant NO. 04 - 1597 CIVIL TERM CERTIFICATE OF SERVICE I, Ann Dimitriou Pipkin, Certified Legal Intern, of the Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court for a Pre-Hearing Custody Conference on Joshua Blosser, residing at 1038 C. State Road, in Duncannon, PA, by depositing a copy of the same in the United States mail postage prepaid. Service was complete upon deposit in the mail, on the 2°d day of November 2007. Ann Dimitriou Pi' in Certified Le al Int e. Anne ald-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ---.x a 2 tr d r ? r' ,?? 2007P? STEPHANIE A. McFADDEN NOV . Plaintiff IN THE COURT OF CO CUMBERLAND COUNTY, ENNSYLVA NIA vs. 04-1597 CIVIL ACTION LAW JOSHUA D. BLOSSER Defendant IN CUSTODY ORDER OF COURT AND NOW, this Z ?- consideration of the attached Custody Conciliation-Re-p2 a, it is ordered and directed as followss:7, upon 1. The Prior Order of this Court dated July 20, 2005 is vacated and replaced with this Order. 2. The Father, Joshua D. Blosser, and the Mother ' p S legal custody of Deanna Blosser, born October 26 2002to hanie A. McFadden, shall have shared including, but not necessarily limited to, her health, . Major decisions concerning the Child upbringing shall be made jointly by the `'Welfare, education, religious training and obtaining and followin a h parties after discussion and consultation with a view other g armonious policy in the Child's best interest. Neither toward party's rights to shared legal custody of the Child. Neit affections of the Child from the other party shall impair the Party. Each party shall her notify party alienate the the shall other of attempt any activity or circumstance concerning the Child that could reasonably Day to day decisions shall be the responsibility of the be parent then hexpectedavin to be of concern to the regard to any emergency decisions which must be made the parent having other. Child at the time of the emergency shall be g physical custody. With physical custody of the thereb permitted to make any immediate decisions necessitated y. However, that parent shall inform the other of the emergency soon as possible. In accordance with 23 Pa.C.S. and consult with him her as full information from any doctor, dentist, teacher, §5309, each party shall be entitled to complete reports or information given to either party as a parent as i or authorit and y and to have copies of any authorized by statute. 3- The parties shall have physical custody of the Chi schedule: ld in accordance with the followin A• SCHOOL YEAR: D g wring the school year, the Father shall have custody o Child on alternating weekends from Friday after wor and Thursday from after work until 8:00 k until Sunday at 7:00 f the not otherwise specified for the Father under this p'm' and every Tuesday P.M. The Mother shall have custody of the Child at all times provision. parties shall have custody E the Child duri EAaK-Da grin the summer school break each year, the last day of school as determined by the Halifax Scho of ng weeDistrictks sc bheduleeginning and the first ending the Sunday a fter the preceding the first day of school as determined by the Halifax School District schedule. Y The alternating weekly schedule in June shall be arranged so that the Father has custody of the Child during I 1 •}114V LZ 4, NIOZ ':IHI 40 ?uj..a~ei hV?'?5t the last week in June each year. Thereafter, the Father shall have custody of the Child from the last week in June through the first week in August, with the Mother having custody on alternating weekends from Friday through Sunday and every Tuesday and Thursday from a time to be arranged by agreement between the parties through 8:00 p.m. The parties shall cooperate in maintaining flexibility in the schedule under this provision to maximize the Mother's time with the Child when the Father is working. After the Father has custody of the Child for the first week in August, the alternating weekly schedule shall resume beginning with the Mother having the next week of custody with the Child. 4. The parties shall share or alternate having custody of the Child on holidays as follows A. Christmas: Christmas shall be divided into two (2) blocks: Block A shall be from Christmas Eve at 2:00 p.m. until Christmas Day at 2:00 p.m. Block B shall be from Christmas Day at 2:00 p.m. until December 26 at 2:00 p.m. The Mother shall have Block A in odd numbered years and Block B in even numbered years. The Father shall have Block A in even numbered years and Block B in odd numbered years. The parties shall share having custody of the Child for the remainder of the school Christmas break, with the specific times for exchanges to be arranged by agreement. B. Thanksgiving: Thanksgiving shall be divided into two (2) blocks: Block A shall be from 2:00 p.m. on the day before Thanksgiving until 2:00 p.m. on Thanksgiving Day. Block B will be from 2:00 p.m. on Thanksgiving Day until 2:00 p.m. on the day following Thanksgiving Day. The Mother shall have Block A in odd numbered years and Block B in even numbered years. The Father shall have Block A in even numbered years and Block B in odd numbered years. The parent who has custody of the Child under the alternating weekend schedule during the weekend immediately following Thanksgiving shall have custody of the Child through Monday at 7:00 p.m. C. Easter: Easter shall be divided into two (2) blocks: Block A shall be from 2:00 p.m. the day before Easter until 2:00 p.m. on Easter Sunday. Block B shall be from 2:00 p.m. on Easter Sunday until 2:00 p.m. on the Monday following Easter. The Mother shall have Block A in odd numbered years and Block B in even numbered years. The Father shall have Block A in even numbered years and Block B in odd numbered years. D. Fourth of July: The Mother shall have custody of the Child on the Fourth of July in odd numbered years and the Father shall have custody on the Fourth of July in even numbered years. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody for Father's Day. F. All other holidays with the Child shall be shared as mutually agreed upon by the parties. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. All custody exchanges shall take place at the Clarks Ferry Truck Stop in Duncannon, PA, located on Route 11/15, unless otherwise agreed between the parties. 6. Neither parent will do anything which may estrange the Child from the other party, 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. 7. The parties agree that they will both attend the conference concerning the Child at the Head Start Program to obtain information as to the Child's adjustment to and progress in the Program. In the event either party has concerns with regard to the Child's continuation in the Head Start Program which cannot be resolved between the parties, counsel for either party or a party pro se may contact the conciliator within sixty (60) days of the date of this Order to schedule an additional custody conciliation conference to address those concerns. 8. 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, ccV Ann Dimitriou Pipkin and Anne MacDonald-Fox, Esquire - Counsel for Mother ;; oshua D. Blosser Father STEPHANIE A. McFADDEN Plaintiff J vs. JOSHUA D. BLOSSER Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1597 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 Deanna Blosser October 26, 2002 Mother/Father 2. A custody conciliation conference was held on November 8, 2007, with the following individuals in attendance: the Mother, Stephanie A. McFadden, with her counsel, Ann M. Dimitriou Pipkin and Anne MacDonald-Fox, Esquire, and the Father, Joshua D. Blosser, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. AAw Date Dawn S. Sunday, Esquire Custody Conciliator