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HomeMy WebLinkAbout08-6990Karen W. Miller, Esquire Attorney I.D. No. 200037 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Plaintiff Ashley Avis ASHLEY AVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. MATTHEW ALAN SNYDER, Defendant NO. 2008- C, 9'?Q Civil Term CIVIL ACTION - LAW COMPLAINT IN CUSTODY COMPLAINT FOR CUSTODY AND NOW come the Plaintiff, Ashley Avis, by and through her attorney, Karen W. Miller, Esquire, Caldwell & Kearns, and respectfully presents the following Custody Complaint with regard to the minor child identified in the following paragraphs, and files this Complaint; and in support thereof avers as follows: 1. The Plaintiff is Ashley Avis who resides at 12B Richland Lane, Apt. 108, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania 17011. 2. The Defendant is Matthew Alan Snyder, who resides at 12B Richland Lane, Apt. 108, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania 17011. 3. Plaintiff and Defendant are the natural parents of the minor child whose name is set forth in the immediately following paragraph. 4. Plaintiff seeks custody of the following child: Name Address Emily Louise Snyder (girl) 12B Richland Lane, Apt. 108 Camp Hill, PA 17011 5. The child was born out of wedlock. 6. The child is presently in the custody of both parents, Ashley Avis and Matthew Alan Snyder. 7. During the past year, the child has resided with the following persons at the Date of Birth/Age July 30, 2007 - 16 months following addresses: Name • Ashley Avis & Matthew Snyder Address 11 A Richland Lane, Apt. 202 Camp Hill, PA 17011 12B Richland Lane, Apt. 108 Camp Hill, PA 17011 Date • Ashley Avis & Matthew Snyder 7/30/07 - 7/ 1 /08 7/ 1 /08 - current 8. The mother of the child is Ashley Avis, currently residing at 12B Richland Lane, Apt. 108, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania 17011. 9. The mother of the child is single. 10. The father of the child is Matthew Alan Snyder, currently residing at 12B Richland Lane, Apt, 108, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania 17011. 11. The father of the child is single. 12. The Plaintiff avers that it is in the best interest and welfare of the minor child that she be granted primary physical custody. 2 13. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the minor child in this or another court. 14. Plaintiff has no information of a custody proceeding concerning the minor child pending in a Court of this Commonwealth or any other state; or, indeed, for that matter, in any other country upon the face of this earth. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. The best interests and permanent welfare of the minor child will be served by granting the relief requested herein, because: Mother has and shall continue to provide a stable and consistent residence for the child; and Mother has and shall continue to provide for the daily care and needs of the child. 17. 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, Ashley Avis, requests that Your Honorable Court grant to her shared legal and primary physical custody of the minor child, to wit: Emily Louise Snyder, and grant to the Defendant shared legal custody and a schedule for partial physical custody of the minor child, to wit: Emily Louise Snyder Dated: 1404CMAa Z-!S- , 2WW Respectfully submitted, CA DWELL & KE S By: 0 ? )?') " N'k aren W. Miller Attorney I.D. #200037 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, Ashley Avis 3 VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 2008 am?n Ashley Avi JV? C hJ n _ ?! S9 o r` .) n J (J? O r ? ? ? r ' e ASHLEY AVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6990 CIVIL ACTION LAW MATTHEW ALAN SNYDER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, December 03, 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 Tuesday, December 23, 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/ Jacqueline M. Verney, 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 AV 'VNVA? "s 5(-2-.h.'rf ,5a-h- r/ ,5 (.9 - 17 -Cl/ OF ti ASHLEY AVIS, Plaintiff VS. MATTHEW ALAN SNYDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 6990 CIVIL TERM IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Matthew Alan Snyder, in the above-captioned matter. o.te??'I? b5s r C Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 AV -W% ASHLEY AVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MATTHEW ALAN SNYDER, NO. 08 - 6990 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Karen W. Miller, Esquire 3631 North Front Street Harrisburg, PA 17110 ?J -11 (D ?? Mark F. Bayley, Esquire Dated: r-a .-> r"x? ? ?? 1 ;' _ ? y; .....9 ' _ _ .- ? f? { M F .-, ... •? .. i:.A JAN ?_ 3 2009,r ASHLEY AVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6990 CIVIL ACTION - LAW MATTHEW ALAN SNYDER, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this/?Q 7 day of `114A144,o4J , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the day of , 2009, at o'clock, A . M., at which time testimony will be taken. For purposes of this Hearing, the Mother 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. The Mother, Ashley Avis and the Father, Matthew Alan Snyder, shall have shared legal custody of Emily Louise Snyder, born July 30, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and 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 child. 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 which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3 Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody of the child: A. Three 24-hour periods each week to be exercised as agreed by the parties between Sunday at 5:00 p.m. to Friday at 5:00 p.m. A week shall be defined as Sunday to Sunday. 5. Easter shall be shared equally as agreed by the parties. 6. Transportation shall be shared as agreed by the parties. 7. 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 pC0 T, J. cZ.1- c. ren W. Miller, Esquire, counsel for Mother ? Mark k F. Bayley, Esquire, counsel for Father 0.Da ,LS rrl?t ll. L Z :? kId 6Z NV 60OZ ASHLEY AVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6990 CIVIL ACTION LAW MATTHEW ALAN SNYDER, . Defendant : IN CUSTODY PRIOR JUDGE: None 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 Emily Louise Snyder July 30, 2007 Mother 2. A Conciliation Conference was held January 21, 2009 with the following individuals in attendance: The Mother, Ashley Avis, with her counsel, Karen W. Miller, Esquire, and the Father, Matthew Alan Snyder, with his counsel, Mark F. Bayley, Esquire. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having periods of partial physical custody, two overnights per week, not on weekends, with the right of first refusal during the daytime during the week when Mother works. Mother argues that this schedule would maximize the time the child would have with both parents as it coincides with the parents' work schedules. Mother also asserts a concern over the child spending more than two overnights with Father because he is to get a male roommate with whom the baby is not acquainted. 4. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody, but is willing to accept three overnights per week. Father asserts that there will not be an adverse impact on the child when his new roommate moves into the home. Father asserts that three overnights per week does maximize his time with the child and coincides with his work schedule 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting shred legal custody, Mother having primary physical custody with Father having three 24-hour periods of physical custody per week with the child. It is expected that the Hearing will require one day. Date Jac line M. Verney, Esquire Custody Conciliator ASHLEY AVIS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW ALAN SNYDER NO. 2008 - 6990 CIVIL TERM ORDER OF COURT AND NOW, this 5T" day of MARCH, 2009, the hearing previously scheduled for Friday, March 20, 2009, at 9:30 a. m. is rescheduled to THURSDAY, APRIL 16, 2009 at A 0 • . in Courtroom # 3. By ? ,/ Edward E. Guido, J. KAREN MILLER, ESQUIRE V "'MARK BAYLEY, ESQUIRE :sld madtd lip Leg '? to/oy IV C-wl AlNnnr C { :9 WV 9- HVW 60OZ MbID%, ?iHiGW 3HI JO tl: 4-5-(M u ASHLEY AVIS, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW ALAN SNYDER, Defendant CIVIL ACTION - LAW NO. 08 - 6990 CIVIL TERM : IN CUSTODY ORDER AND NOW, this day of /17/9 y , 2009, upon stipulation by the parties, it is hereby directed that: 1. Ashley Avis (hereafter "Mother") and Matthew Alan Snyder (hereafter "Father") shall have shared legal custody of Emily Louise Snyder, born July 30, 2007. Both parents shall jointly make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to 23 Pa.C.S 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious and/or school records. 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. Each parent shall be entitled to full participation in all educational and medical/treatment planning, meetings and evaluations with regard to the minor child. 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 notices which come from school with regard to school pictures, extra curricular activities, parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the minor child. Father shall have partial physical custody of the minor child for 24 hour periods every Sunday, Tuesday and Thursday, commencing at 5:00 p.m. on Sunday, Tuesday and Thursday, until 5:00 p.m. the following day. 3. Physical custody of the minor child on Christmas Eve shall be divided between Mother and Father as follows: a. In odd-numbered years, Mother shall have physical custody of the minor child beginning at 9 a.m., until noon. Commencing at noon, Father shall have physical custody of the minor child until 4:00 p.m. Thereafter, Mother and Father shall share physical custody of the minor child from 4:00 p.m. through and until the minor child's bedtime, with Mother having physical custody of the minor child overnight through and until Christmas Day, as addressed in paragraph 4. b. In even-numbered years, Father shall have physical custody of the minor child from 9 a.m., until noon. Commencing at noon, Mother shall have physical custody of the minor child until 4:00 p.m. Thereafter, Mother and Father shall share physical custody of the minor child from 4:00 p.m. through and until the minor child's bedtime, with Father having physical custody of the minor child overnight through and until Christmas Day, as addressed in paragraph 4. 4. Physical custody of the minor child on Christmas Day shall be divided between Mother and Father as follows: a. In odd-numbered years, Mother shall have physical custody of the minor child commencing at bedtime on Christmas Eve through and until 1:00 p.m. on Christmas Day. Commencing at 1:00 p.m., Father shall have physical custody of the minor child until 9:00 p.m. if Christmas Day is on a Monday, Wednesday, Friday or Saturday. If Christmas Day is on a Sunday, Tuesday or Thursday, Father shall have physical custody of the minor child from 1:00 p.m. on Christmas Day, through and until the following day at 5:00 p.m. b. In even-numbered years, Father shall have physical custody of the minor child commencing at bedtime on Christmas Eve through and until 1:00 p.m. on Christmas Day. Commencing at 1:00 p.m., Mother shall have physical custody of the minor child until 9:00 p.m. if Christmas Day is on a Sunday, Tuesday or Thursday. If Christmas Day is on a Monday, Wednesday, Friday or Saturday, Mother shall have physical custody of the minor child commencing at 1:00 p.m. on Christmas Day, through and until Father's next regularly-scheduled custodial time period. 5. With regard to the Thanksgiving Holiday, Father shall trade his Thursday 24 hour custodial period for the 24 hour period commencing on Wednesday at 4:00 p.m. the day prior to Thanksgiving Day, with the minor child being returned to Mother by 4:00 p.m. on Thanksgiving Day. 6. The parties shall alternate the Fourth of July, with Mother having physical custody of the minor child in odd-numbered years. The Fourth of July Holiday begins at 9 a.m. on July 4th, until 9 p.m. on July 4a'. 7. With regard to Memorial Day and Labor Day, the normal schedule will be followed, with Father returning the minor child to Mother by 5:00 p.m. on Monday. 8. With regard to Easter, the normal schedule will be followed, with Mother returning the minor child to Father by 5:00 p.m. on Sunday. 9. The parties shall alternate the New Year's Holiday, with the custodial period beginning on New Year's Eve at 5:00 p.m. until New Year's Day at 1:00 p.m. In odd-numbered years, Father shall have physical custody of the minor child from 5:00 p.m. on New Year's Eve, until 1:00 p.m. on New Year's Day. Thereupon Mother shall have physical custody of the minor child from 1:00 p.m. until 6:00 p.m. on New Year's Day. In even-numbered years, Mother shall have physical custody of the minor child beginning at 5:00 p.m. on New Year's Eve, until 1:00 p.m. on New Year's Day. Thereupon Father shall have physical custody of the minor child from 1:00 p.m. until 6:00 p.m. on New Year's Day. Should New Year's Day occur on Sunday, Tuesday, or Thursday, Father shall have physical custody of the minor child commencing at 6:00 p.m. on New Year's Day, through and until the following day at 5:00 p.m. Should New Year's Day occur on a Monday, Wednesday, Friday or Saturday, Mother shall have physical custody of the minor child from 6:00 p.m. on New Year's Day, through and until Father's next regularly- scheduled custodial time period. 10. The parties shall share trick-or-treat, with both parties participating together in each of the minor child's trick-or-treat event(s). 11. Mother shall have physical custody of the minor child on Mother's Day until 8 p.m. Father shall have physical custody of the minor child on Father's Day, commencing at 11 a.m., into his regularly-scheduled custodial time. 12. Each party shall be entitled to two (2) non-consecutive full weeks of physical custody for the purposes of vacation, with at least 60 days written notice to the other party. Such custodial time periods shall not be exercised the week of any aforementioned Holidays, the week of the minor child's birthday, and/or the week of either Mother or Father's birthday. Mother or Father must accompany and remain with the minor child during such exercised custodial time periods if the minor child is traveling out of state. 13. Transportation shall be shared equally as agreed upon by the parties. 14. 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. 1.5. The trial previously scheduled for April 16, 2009 is hereby cancelled. BY THE RT: J. Distribution: Mark Bayley, Esquire Karen Miller, Esquire Ca,P'4s S? fa sI Z li :Z A 9- AN, 6001 ASHLEY AVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MATTHEW ALAN SNYDER, NO. 08 - 6990 CIVIL TERM Defendant : IN CUSTODY STIPULATION The undersigned parties agree to the entry of the following order: 1. Ashley Avis (hereafter "Mother") and Matthew Alan Snyder (hereafter "Father") shall have shared legal custody of Emily Louise Snyder, born July 30, 2007. Both parents shall jointly make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to 23 Pa.C.S 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious and/or school records. 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. Each parent shall be entitled to full participation in all educational and medical/treatment planning, meetings and evaluations with regard to the minor child. 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 notices which come from school with regard to school pictures, extra curricular activities, parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the minor child. Father shall have partial physical custody of the minor child for 24 hour periods every Sunday, Tuesday and Thursday, commencing at 5:00 p.m. on Sunday, Tuesday and Thursday, until 5:00 p.m. the following day. 3. Physical custody of the minor child on Christmas Eve shall be divided between Mother and Father as follows: a. In odd-numbered years, Mother shall have physical custody of the minor child beginning at 9 a.m., until noon. Commencing at noon, Father shall have physical custody of the minor child until 4:00 p.m. Thereafter, Mother and Father shall share physical custody of the minor child from 4:00 p.m. through and until the minor child's bedtime, with Mother having physical custody of the minor child overnight through and until Christmas Day, as addressed in paragraph 4. b. In even-numbered years, Father shall have physical custody of the minor child from 9 a.m., until noon. Commencing at noon, Mother shall have physical custody of the minor child until 4:00 p.m. Thereafter, Mother and Father shall share physical custody of the minor child from 4:00 p.m. through and until the minor child's bedtime, with Father having physical custody of the minor child overnight through and until Christmas Day, as addressed in paragraph 4. 4. Physical custody of the minor child on Christmas Day shall be divided between Mother and Father as follows: a. In odd-numbered years, Mother shall have physical custody of the minor child commencing at bedtime on Christmas Eve through and until 1:00 p.m. on Christmas Day. Commencing at 1:00 p.m., Father shall have physical custody of the minor child until 9:00 p.m. if Christmas Day is on a Monday, Wednesday, Friday or Saturday. If Christmas Day is on a Sunday, Tuesday or Thursday, Father shall have physical custody of the minor child from 1:00 p.m. on Christmas Day, through and until the following day at 5:00 p.m. b. In even-numbered years, Father shall have physical custody of the minor child commencing at bedtime on Christmas Eve through and until 1:00 p.m. on Christmas Day. Commencing at 1:00 p.m., Mother shall have physical custody of the minor child until 9:00 p.m. if Christmas Day is on a Sunday, Tuesday or Thursday. If Christmas Day is on a Monday, Wednesday, Friday or Saturday, Mother shall have physical custody of the minor child commencing at 1:00 p.m. on Christmas Day, through and until Father's next regularly-scheduled custodial time period. 5. With regard to the Thanksgiving Holiday, Father shall trade his Thursday 24 hour custodial period for the 24 hour period commencing on Wednesday at 4:00 p.m. the day prior to Thanksgiving Day, with the minor child being returned to Mother by 4:00 p.m. on Thanksgiving Day. 6. The parties shall alternate the Fourth of July, with Mother having physical custody of the minor child in odd-numbered years. The Fourth of July Holiday begins at 9 a.m. on July 4th, until 9 p.m. on July 4a'. 7. With regard to Memorial Day and Labor Day, the normal schedule will be followed, with Father returning the minor child to Mother by 5:00 p.m. on Monday. 8. With regard to Easter, the normal schedule will be followed, with Mother returning the minor child to Father by 5:00 p.m. on Sunday. 9. The parties shall alternate the New Year's Holiday, with the custodial period beginning on New Year's Eve at 5:00 p.m. until New Year's Day at 1:00 p.m. In odd-numbered years, Father shall have physical custody of the minor child from 5:00 p.m. on New Year's Eve, until 1:00 p.m. on New Year's Day. Thereupon Mother shall have physical custody of the minor child from 1:00 p.m. until 6:00 p.m. on New Year's Day. In even-numbered years, Mother shall have physical custody of the minor child beginning at 5:00 p.m. on New Year's Eve, until 1:00 p.m. on New Year's Day. Thereupon Father shall have physical custody of the minor child from 1:00 p.m. until 6:00 p.m. on New Year's Day. Should New Year's Day occur on Sunday, Tuesday, or Thursday, Father shall have physical custody of the minor child commencing at 6:00 p.m. on New Year's Day, through and until the following day at 5:00 p.m. Should New Year's Day occur on a Monday, Wednesday, Friday or Saturday, Mother shall have physical custody of the minor child from 6:00 p.m. on New Year's Day, through and until Father's next regularly- scheduled custodial time period. 10. The parties shall share trick-or-treat, with both parties participating together in each of the minor child's trick-or-treat event(s). 11. Mother shall have physical custody of the minor child on Mother's Day until 8 p.m. Father shall have physical custody of the minor child on Father's Day, commencing at 11 a.m., into his regularly-scheduled custodial time. 12. Each party shall be entitled to two (2) non-consecutive full weeks of physical custody for the purposes of vacation, with at least 60 days written notice to the other party. Such custodial time periods shall not be exercised the week of any aforementioned Holidays, the week of the minor child's birthday, and/or the week of either Mother or Father's birthday. Mother or Father must accompany and remain with the minor child during such exercised custodial time periods if the minor child is traveling out of state. 13. Transportation shall be shared equally as agreed upon by the parties. 14. 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. 15. The trial previously scheduled for April 16, 2009 is hereby cancelled. The undersigned agree to the above terms being entered by the Court. Date: y I 2tl 10 c i Date: Olq /09 Ashley Avis Matthew Snyder JAMES R, CLIPPINGER CHARLES J. DEHART. 111 JAMES L. GOLDSMITH P. DANIEL ALTLAND JEFFREY T. Mc GUIRE' STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN MICHAEL D. REED PAULA J. LEICHT ELIZABETH H. FEATHER KAREN W. MILLER DOUGLAS M. OBERHOLSER 'BOARD CERTIFIED CIVIL TRIAL ADVOCATE CALDWELL & KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 April 30, 2009 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Avis v. Snyder No. 2008-6990 Civil Term Dear Judge Guido: OF COUNSEL CARL G. WASS JAMES D. CAMPBELL. JR. THOMAS D. CALDWELL. JR. (1928 - 20011 RICHARD L. KEARNS RETIRED 717 --232-7661 FAX; 717-232-2766 thefirm0caldwellkearns. com Enclosed please find, fbr your signature, an original Stipulation and accompanying Order. The stipulation results from a Custody Complaint filed by my client on November 26, 2008. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, /r 1 Karen W. Miller CALDWELL & KEARNS KWM/nb /Enclosure cc: Ashley Avis Mark Bayley, Esquire w/enclosure 08452-001/148091 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Maura Tobin Donley, Plaintiff, V. Paul Forsythe d/b/a Proforma Forsythe Marketing, Defendant. No.: 09-1518 Civil Civil Action - Law Arbitration Requested CERTIFICATE OF SERVICE I, Maura Tobin Donley, Pro Se Plaintiff, do hereby certify that a true and correct copy of the foregoing Request for Production of Documents Directed to Defendant was served on the below named, by placing same in the United States Mail, first-class postage prepaid thereon, addressed as follows: Mathew D. Menges MENGES, McLAUGHLIN & KALASNIK, PC 145 East Market Street York, PA 17401 (717) 843-8046 Fax (717) 854-4362 Date: May 6, 2009 Maura Tobin Donley Pro Se Plaintiff 1140 Dunlin Court Mechanicsburg, PA 17050 717.574.5918 FILED-01-11CE OF THIF P", ?'„)TARP 2009 MAY -6 PIN 1: 20" ASHLEY AVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA °7? C, ;.3 V. : CIVIL ACTION - LAW - NO. 08-6990 CIVIL TERM t° ` f MATTHEW ALAN SNYDER, Defendant. : IN CUSTODY' :- n PETITION TO MODIFY CUSTODY AND NOW comes Matthew Alan Snyder by and through his attorney, Mark F. Bayley, and in support of the within motion avers as follows: 1. The Honorable Edward E. Guido was previously assigned to the within matter. 2. The Petitioner is Matthew Snyder, (hereafter "Father"), who is an adult individual residing 241 Glenn Road, Camp Hill, Pennsylvania, 17011. 3. The Respondent is Ashley Avis, (hereafter "Mother"), who is an adult individual residing at 458 Sample Bridge Road, Enola, Pennsylvania, 17025. 4. The parties are the natural parents of Emily Louise Snyder, born July 30, 2007. (hereafter "Child"). 5. An Order was entered in this matter on May 5, 2009 (attached as "Exhibit A"). 6. It is now in the child's best interests for Father's custodial periods to be expanded and for an Order to be entered as agreed upon by the parties or otherwise deemed appropriate by the Court. C?a???se WHEREFORE, Father requests entry of the attached order. Respectfully submitted, BAYLEY & MANGAN Date: ( ? q Mark F. Bayley, quire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Defendant VERMCATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unswom falsification to authorities. Date M ew Alan Snyder ASHLEY AVIS, VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW ALAN SNYDER, Defendant CIVIL ACTION - LAW NO. 08 - 6990 IN CUSTODY ORDER AND NOW, this 30? day of I A 7 the parties, it is hereby directed that: CIVIL TERM , 2009, upon stipulation by 1. Ashley Avis (hereafter "Mother") and Matthew Alan Snyder (hereafter "Father") shall have shared legal custody of Emily Louise Snyder, born July 30, 2007. Both parents shall jointly make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to 23 Pa.C.S 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious and/or school records. 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. Each parent shall be entitled to full participation in all educational and medical/treatment planning, meetings and evaluations with regard to the minor child. 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 notices which come from school with regard to school pictures, extra curricular activities, parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the minor child. Father shall have partial physical custody of the minor child for 24 hour periods every Sunday, Tuesday and Thursday, commencing at 5:00 p.m. on Sunday, Tuesday and Thursday, until 5:00 p.m. the following day. 3. Physical custody of the minor child on Christmas Eve shall be divided between Mother and Father as follows: a. In odd-numbered years, Mother shall have physical custody of the minor child beginning at 9 a.m., until noon. Commencing at noon, Father shall have physical custody of the minor child until 4:00 p.m. Thereafter, Mother and Father shall share physical custody of the minor child from 4:00 p.m. through and until the minor child's bedtime, with Mother having physical custody of the minor child overnight through and until Christmas Day, as addressed in paragraph 4. b. In even-numbered years, Father shall have physical custody of the minor child from 9 a.m., until noon. Commencing at noon, Mother shall have physical custody of the minor child until 4:00 p.m. Thereafter, Mother and Father shall share physical custody of the minor child from 4:00 p.m. through and until the minor child's bedtime, with Father having physical custody of the minor child overnight through and until Christmas Day, as addressed in paragraph 4. 4. Physical custody of the minor child on Christmas Day shall be divided between Mother and Father as follows: a. In odd-numbered years, Mother shall have physical custody of the minor child commencing at bedtime on Christmas Eve through and until 1:00 p.m. on Christmas Day. Commencing at 1:00 p.m., Father shall have physical custody of the minor child until 9:00 p.m. if Christmas Day is on a Monday, Wednesday, Friday or Saturday. If Christmas Day is on a Sunday, Tuesday or Thursday, Father shall have physical custody of the minor child from 1:00 p.m. on Christmas Day, through and until the following day at 5:00 p.m. b. In even-numbered years, Father shall have physical custody of the minor child commencing at bedtime on Christmas Eve through and until 1:00 p.m. on Christmas Day. Commencing at 1:00 p.m., Mother shall have physical custody of the minor child until 9:00 p.m. if Christmas Day is on a Sunday, Tuesday or Thursday. If Christmas Day is on a Monday, Wednesday, Friday or Saturday, Mother shall have physical custody of the minor child commencing at 1:00 p.m. on Christmas Day, through and until Father's next regularly-scheduled custodial time period. 5. With regard to the Thanksgiving Holiday, Father shall trade his Thursday 24 hour custodial period for the 24 hour period commencing on Wednesday at 4:00 p.m. the day prior to Thanksgiving Day, with the minor child being returned to Mother by 4:00 p.m. on Thanksgiving Day. 6. The parties shall alternate the Fourth of July, with Mother having physical custody of the minor child in odd-numbered years. The Fourth of July Holiday begins at 9 a.m. on July 4th, until 9 p.m. on July 4a'. 7. With regard to Memorial Day and Labor Day, the normal schedule will be followed, with Father returning the minor child to Mother by 5:00 p.m. on Monday. 8. With regard to Easter, the normal schedule will be followed, with Mother returning the minor child to Father by 5:00 p.m. on Sunday. 9. The parties shall alternate the New Year's Holiday, with the custodial period beginning on New Year's Eve at 5:00 p.m. until New Year's Day at 1:00 p.m. In odd-numbered years, Father shall have physical custody of the minor child from 5:00 p.m. on New Year's Eve, until 1:00 p.m. on New Year's Day. Thereupon Mother shall have physical custody of the minor child from 1:00 p.m. until 6:00 p.m. on New Year's Day. In even-numbered years, Mother shall have physical custody of the minor child beginning at 5:00 p.m. on New Year's Eve, until 1:00 p.m. on New Year's Day. Thereupon Father shall have physical custody of the minor child from 1:00 p.m. until 6:00 p.m. on New Year's Day. Should New Year's Day occur on Sunday, Tuesday, or Thursday, Father shall have physical custody of the minor child commencing at 6:00 p.m. on New Year's Day, through and until the following day at 5:00 p.m. Should New Year's Day occur on a Monday, Wednesday, Friday or Saturday, Mother shall have physical custody of the minor child from 6:00 p.m. on New Year's Day, through and until Father's next regularly- scheduled custodial time period. 10. The parties shall share trick-or-treat, with both parties participating together in each of the minor child's trick-or-treat. event(s). 11. Mother shall have physical custody of the minor child on Mother's Day until 8 p.m. Father shall have physical custody of the minor child on Father's Day, commencing at 11 a.m., into his regularly-scheduled custodial time. 12. Each party shall be entitled to two (2) non-consecutive full weeks of physical custody for the purposes of vacation, with at least 60 days written notice to the other party. Such custodial time periods shall not be exercised the week of any aforementioned Holidays, the week of the minor child's birthday, and/or the week of either Mother or Father's birthday. Mother or Father must accompany and remain with the minor child during such exercised custodial time periods if the minor child is traveling out of state. 13. Transportation shall be shared equally as agreed upon by the parties. 14. 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. 15. The trial previously scheduled for April 16, 2009 is hereby cancelled. B J. Distribution: Mark Bayley, Esquire Karen Miller, Esquire ASHLEY AVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MATTHEW ALAN SNYDER, : NO. 08-6990 CIVIL TERM Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the within document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Karen W. Miller, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Steven Howell, Esquire 619 Bridge St New Cumberland, PA 17070 Ashley Avis 458 Sample Bridge Road Enola, Pennsylvania, 17025. ? ? I Mark F. Bayley, Esquire ASHLEY AVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6990 CIVIL ACTION LAW r° MATTHEW ALAN SNYDER IN CUSTODY DEFENDANT ORDER OF COURT ` AND NOW, Friday, June 22, 2012 , 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 Tuesday, July 31, 2012 at 10:30 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/ jagqueline 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 ,1a dO?=Z 32 South. Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 K ASHLEY AVIS, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008 - 6990 CIVIL TERM MATTHEW A. SNYDER, c - DEFENDANT CIVIL ACTION - CUSTODY --? c PRAECIPE TO ENTER APPEARANCE y rat TO THE PROTHONOTARY: 7,n l Please enter my appearance on behalf of ASHLEY AVIS. C ) •• By: Date: June 21, 2012 Steve owell, VqOe H ell Law Firm 9 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Voice Supreme Court ID 62063 PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Date Please withdraw my appearance on behalf of ASHLEY AVIS. UV a en W. Miller, Esquire Cipriani & Werner, P.C. Suite 201 1011 Mumma Road Lemoyne, PA 17043 f ? Supreme Court ID ?0 ASHLEY AVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-6990 CIVIL ACTION - LAW MATTHEW ALAN SNYDER, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this (OA day of &nt47 '2012, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is sched4ed in Court Roo?I4. 3 , of the Cumberland County Court House, on the ) day of , 2012, at : D a o'clock, A . M., at which time testimony will be aken. 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. The prior Order of Court dated May 5, 2009 shall remain in full force and effect except as modified hereinafter. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Week 1: Every Tuesday overnight from 5:00 p.m. to Wednesday at 5:00 p.m. and Friday at 5:00 p.m. to Monday at 5:00 p.m. B. Week 2: From Tuesday at 5:00 p.m. to Thursday at 5:00 p.m. 5. In 2012, Mother's vacation with the child shall be from August 9 -14, 2012; Father's vacation shall be from August 20-26, 2012. In succeeding years, neither party shall schedule vacation the week before school begins. 6. The parties shall alternate Trick or Treat night. 7. Transportation shall be shared such that the receiving party shalt transport, except that on Father's overnights during the school year, he shall be responsible for transporting the child to school on time. In addition to the parents transporting the child, the child's grandparents may also transport the child for custody exchanges. 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. BY TH RT, J. cc: Mark F. Bayley, Esquire, counsel for Father ?Steven Howell, Esquire, counsel for Mother z , es !mod ;t p. / a. C -? _ - >4= $.. ASHLEY AVIS, Plaintiff V. MATTHEW ALAN SNYDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6990 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Emily Louise Snyder July 30, 2007 Mother 2. A Conciliation Conference was held on July 31, 2012 with the following individuals in attendance: The Father, Matthew Alan Snyder, with his counsel, Mark F. Bayley, Esquire and the Mother, Ashley Avis, with her counsel, Steven Howell, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated May 5, 2009 providing for shared legal custody, Mother having primary physical custody and Father having 6 overnights in 14 days. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a 4/3 alternating week schedule. Father indicates that his periods of physical custody have been going well, that school is set to begin and he would like an opportunity to have increased time with the child. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody, with Father having 6 overnights in a 14 day period. She is not willing to expand Father's overnights. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo with modification to the actual days the parties have physical custody of the child. It is expected that the Hearing will require one day. 5?,?.,2 tic Date ac eline M. Verney, Esquire Custody Conciliator ce) CO c.a ASHLEY AVIS, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNS YIdA = rnw C . try ._ vs M NO. 2008-6990 CIVIL ACTION - LA t . MATTHEW ALAN SNYDER, ?- -4 -y- Defendant IN CUSTODY MOTION FOR CONTINUANCE AND NOW, comes Matthew Snyder, by and through his attorney, Mark F. Bayley, and i support of the within motion avers as follows: 1. A hearing was scheduled for September 12, 2012 with the Honorable Edward E. Guido. 2. Undersigned counsel will likely be on call for two criminal jury trials in York from September 3 to September 14 and requests a continuance to a date thereafter. 3. Steven Howell, Esquire, also has a scheduling conflict on September 12 and is agreeable with the within request on behalf of the Plaintiff. WHEREFORE, the Defendant respectfully requests that the hearing previously for September 12, 2012 be rescheduled. Date: Respectfully submitted, BAYLEY & MANGAN L"? Mark F. Bayley, Esquird" 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 ASHLEY AVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV. V. : NO. 2008-6990 CIVIL ACTION - LAW MATTHEW ALAN SNYDER, Defendant IN CUSTODY VERIFICATION Mark F. Bayley, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. C ?Z Mark F. Bayley, Esquire ASHLEY AVIS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV vs. NO. 2008-6990 CIVIL ACTION - LAW MATTHEW ALAN SNYDER, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 ZS Mark F. Bayley, Esquire ASHLEY AVIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-6990 CIVIL ACTION - LAW MATTHEW ALAN SNYDER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 5 day of , 2012, Defendant's Motion for Continuance is granted. The hearing previously scheduled for September 12, 2012 is continued ., 1;* IA to _CfD?J `Lr,?t at ? m. All other terms contained in the August 6, 2012 i C,' Cl/) 7 orde ain in a ect. . eem "TJ BY OUR ` a i U) r Hon. Edward E. Guido ' -? i cc: ?/ Mark F. Bayley, Esquire ,/ Steven Howell, Esquire 0?-y e -led pGG ASHLEY AVIS, IN THE COURT OF COMMON PLEAS OF' Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW ALAN SNYDER NO. 2008 - 6990 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 12TH day of OCTOBER, 2012, after hearing, all prior custody orders are vacated and replaced with the following: Ashley Avis (hereafter "Mother") and Matthew Alan Snyder (hereafter "Father") shall have shared legal custody of EMILY LOUISE SNYDER, born July 30, 2007. Both parents shall jointly make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion.. Pursuant to 23 Pa. C.S. 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental religious and/or school records. 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. Each parent shall be entitled to full participation in all educational and medical/treatment planning, meetings and evaluations with regard to the minor child. 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 notices which come from school with regard to school pictures, extra- curricular activities, parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have the following periods of partial physical custody: A. Meek 1: Every Tuesday overnight from 5:00 p.m. to Wednesday at 5:00 p.m. and F~'riday at 5:00 p.m. to Monday at 5:00 p.m. B. Week 2: From Tuesday at 5:00 p.m. to Thursday at 5:00 p.m. 4. Physical custody of the minor child over the CHRISTMAS HOLIDAY shall be as follows: In ODD numbered YEARS Mother shall have physical custody of the child from December 23, at 5:00 p.m. until December 24, at 5:00 p.m. Father shall. have t11e child from December 24, at 5:00 p.m. until 7:30 p.m. Mother shall have custody of the child from 7:30 p.m. December 24, until 1:00 p.m. on December 25. Father shall have the child from I :00 p.m. until 9:00 a.m. December 26, at which time the normal crzstody schedule shall be resumed. b. Irr EVEN numbered YEARS Mother shall have custody from December 23, at 5:00 p.m. until December 24, at 5:00 p,m. Father shall have the child from 5:00 p.m. December 24, to 1:00 p.m.. on December 25. Mother shall have the child from 1:00 p.m. to 9:00 a.m. on December 26, at which time the normal custody schedule shall resume. With :regard to the THANKSGIVING HOLIDAY, Father shall trade his Thursday 24 hour c;ustodial period for the 24 hour period commencing on Wednesday at 4:00 p.m. the day prior to Thanksgiving Day, with the minor child being returned to Mother by 4:00 p.m. on Thanksgiving Day. 6. The parties shall alternate the 4TH of JULY with Mother having physical custody crf the minor child in odd-numbered years. 'The Fourth of July Holiday begins at 9:00 a.m. on July 4~, until 9:00 p.m. July 4. 7. With regard to MEMORIAL DAY and LABOR DAY, the normal schedule will be followed with Father returning the minor child to Mother by 5:00 p.m. on Monday. 8. The F;ASTER HOLIDAY shall be rotated on a yearly basis with Mother having even numbered years from Saturday at 5:30 p.m. until Sunday at 2:00 p.m. and Father having the child from Sunday at 2:00 p.m. until Monday at 9:00 a.m. (or the beginning of school on Monday) at which time the normal custody schedule shall resume. In odd numbered years the arrangement shall be flipped. 9. The parties shall alternate the NEW YEAR'S HOLIDAY with the custodial period beginning on New Year's Eve at 5:00 p.m. until New Year's Day at 1:00 p.m. In odd- numbered years, Father shall have physical custody of the minor child from 5:00 p.m. on New Year's Eve until I :00 p.m. on New Year's Day. Thereupon Mother shall have physical custody of the minor child from 1:00 p.m. until 6:00 p.m. on New Year's Day. In even-numbered years Mother shall have physical custody of the minor child beginning at 5:00 p.m. on New Year's Eve until 1:00 p.m. on New Year's Day. Thereupon Father shall have physical custody of the minor child from 1:00 p.m. until 6:00 p.m. on New Year"s Day. Should New Year's Day occur on Sunday, Tuesday, or Thursday, Father shall have physical custody of the minor child commencing at 6:00 p.m. on New Year's Day 1:hrough and until the following day at 5:00 p.m. Should New Year's Day occur on a Mondry, Wednesday, Friday or Saturday, Mother shall have physical custody of the minor child from 6:00 p.m. on New Year's Day through and until Father's next regularly scheduled custodial time period. 10. The parties shall alternate TRICK or TREAT night. 11. Mother shall have physical custody of the minor or child on Mother's Day until 8 p.m. Father shall have physical custody of the minor child on Father's Day commencing at 11:00 a.m. into his regularly scheduled custodial time. 12. Each party shall be entitled to two (2) non-consecutive full weeks of physical custody for the purposes of vacation, with at least 60 days written notice to the other party. Such custodial time periods shall not be exercised the week of any aforementioned Holidays, the week of the minor child's birthday, and/or the week of either Mother or F ether's birthday. Mother or Father must accompany and remain with the minor child during such exercised custodial time periods if the minor child is traveling out of state. It is further ordered that neither party may schedule vacation the week before school starts. 1 ~. Transportation shall be shared such that the receiving party shall transport except ghat on Father's overnights during the school year he shall be responsible for transporting the child to school on time. In addition to the parents transporting the child, the child"s grandparents may also transport the child for custody exchanges. 14. 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. / Mark F. Bayley, Esquire '~ Steven Howell, Esquire sld ~op;e5 ,r,u ~~l tea, /o~i 7 f/~ B~.~~he ourt, ~: Edward E. Guido, J. - .