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HomeMy WebLinkAbout09-2812STACEY M. REEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY THOMAS P. REEDY JR, Defendant. : NO. 09 - CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Stacey Reedy, by her attorneys, the Family Law Clinic, sets forth the. following cause of action in custody. 1. Plaintiff is Stacey Reedy, who currently resides at 111 South Washington Street, 2nd Floor, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Thomas Reedy, who currently resides at 56 Hunkey Hollow Road, Duncannon, Perry County, Pennsylvania. 3. Plaintiff seeks shared legal and physical custody of the following children: Name Present Residence Age Madison E. Reedy 4 yrs Jordan M. Reedy 2 yrs Katelynn Reedy 8 mos The children were not born out of wedlock. The children are presently in the custody of Stacey Reedy, who resides at 111 South Washington Street, 2nd Floor, Mechanicsburg, Cumberland County, PA 17055. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates Stacey Reedy 111 South Washington St., Feb. 2, 2009-Present Matthew Sullivan 2nd Fl. Mechanicsburg, PA 17055 Stacey Reedy Tara Holnes Stacey Reedy Thomas Reedy Thomas Reedy, Sr Sandy Reedy Stacey Reedy Thomas Reedy 1105 Floria Bunda Lane, Oct. 23, 2008-Feb. 2, 2009 Mechanicsburg, PA 17055 434 West Simpson Street Aug. 30, 2008-Oct. 23, Mechanicsburg, PA 17055 2008 56 Hunky Hollow Road Aug. 30, 2008-Present Duncannon, PA 17020 434 West Simpson Street Oct. 23, 2003-Aug. 30, Mechanicsburg, PA 17055 2008 The mother of the children is Stacey Reedy. She is married. The father of the children is Thomas Reedy. He is married. 4. The relationship of Defendant to the children is that of father. Defendant resides with the following persons: Name Relationship Thomas Reedy, Sr. Father Sandy Reedy Mother 5. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Name Relationship Matthew Sullivan Friend 6. Plaintiff 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Plaintiff 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. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff would like to continue to share in the upbringing, care, and support of the children; b. Plaintiff is prepared to provide the children with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff would like the children to have substantial contact with both Mother and Father; d. Plaintiff is willing to accept custody of the children; e. Plaintiff continues to perform parental duties when the children are in her care and enjoys the love and affection of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court grant her shared legal and primary physical custody of the children, with reasonable periods of physical custody to be determined by the parties. Respectfully submitted, cf v?aY?rrr.?? Date: J 15 10 ail Torodash Certified Legal Intern i MEGA RIESMEYER Supervising Attorneys 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 Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: -O Stacey R , Plaintiff(,// OF THE WNOTARY 2009 MAY -5 Pm 12: 53 A NNISYLVrNA -P , STACEY M. REEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY THOMAS P. REEDY JR, Defendant. :NO. 09 - CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Stacey Reedy, 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. Respectfully submitted, Date May 5, 2009 jail Torodash eified Legal Intern " j /", ??? ROBE T E. RAINS 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 OF THE PPOT M-,- R- 4)-OFFICE 2l#9 MAY -5 PM 12: 53 CUMI?`SYf V,??' STACEY M. REEDY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY THOMAS P. REEDY JR, Defendant. :NO. 09 - dJl,2 CIVIL TERM CERTIFICATE OF SERVICE I, Gail Torodash, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Custody Complaint on Mark Bayley, attorney for Defendant, at 17 West South Street, Carlisle, PA 17013, by depositing a copy of the same in the United States mail, first class, postage prepaid on this 5th day of May 2009. ail Torodas Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 OF ?REP ?bT 2009 MAY -5 PM 12: 53 CUMBE `ii r UJtiNTY STACEY M. REEDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS P. REEDY, JR. DEFENDANT 2009-2812 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 13, 2009 , 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, June 10, 2009 at 12:00 PM 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/ Dawn S. Sunday, Esq. d Custody Conciliator -T 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 FILT)--01'F OF THE PR'.) T..'C,`,4)TI..RY 2009 MAY 14 PH 2: 4 5 ..,U iY STACEY M. REEDY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA .d y 2009-2812 CIVIL ACTION LAW rlw r ?. THOMAS P. REEDY, JR. un IN CUSTODY DEFENDANT ` y_ORDER OF COURT AND NOW, Thursday, October 20, 2011 , 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 Monday, November 21, 2011 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/ Dawn S. Sunday, Esq. 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 ded. ? o `1?ed 4, f? ' ? I f Y3?/Io/ - ''p /lwkr 9/1401 7(?9 STACEY M. REEDY vs. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA THOMAS P. REEDY JR 2009-2812 CIVIL ACTION LAW --a - 1,1 zr c--O) -c b > N ORDER OF COURT [w ? c3 , AND NOW, this day of K, 0y , , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 2, 2009 is vacated and replaced with this Order. 2. The Mother, Stacey M. Reedy, and the Father, Thomas P. Reedy Jr., shall have shared legal custody of Madison Reedy, born August 30, 2004, Jordan Reedy, born July 30, 2006, and Katelynn Reedy, born June 18, 2008. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of Madison Reedy and the Father shall have primary physical custody of Jordan and Katelynn Reedy. 4. The parties shall have partial physical custody of all three Children on alternating weekends from Friday through Monday. For the Father's weekend periods of custody, the Father shall pick up Madison at the Mother's residence on Friday at 4:00 p.m. and shall return Madison to the Mother's residence before school on Monday. For the Mother's weekend periods of custody, the parties shall exchange custody of Jordan and Katelynn at the Summerdale Plaza in Enola PA at 4:45 on Friday and the Mother shall take the Children to school on Monday morning. The Father shall pick up Katelynn after work or at 4:00 p.m. on Monday. 5. During the summer school break, the parties shall alternate having custody of all three Children on a biweekly basis with the exchange to take place on alternating Fridays. The summer custody schedule shall begin on the first Friday after the last day of school with the Mother having custody of the Children. The summer custody schedule shall end on the last Friday before the beginning of the school year. 6. Each parent shall send an email to the other parent every Sunday notifying the other parent of all developments, activities, appointments or other significant events concerning the Children during the prior week and advising of any appointments, events or activities scheduled for the following week. The purpose of this provision is to ensure a liberal sharing of information between the parties so that each parent can maintain an active role in the Children's lives. 7. The parties shall promptly share all important documents, including report cards, received from the school with the other parent by making a copy and forwarding it to the other parent as soon as possible. 8. Each parent shall notify the other in the event of contagious illnesses affecting a Child or Children in that parent's custody prior to the exchange of custody to enable the parties to make alternative arrangements for the parent to retain custody of the Child who is ill. 9. The parties shall consult with each other prior to enrolling any of the Children in activities or sports which could take place on the other parent's period of custody. The parties shall make decisions on enrolling the Children in activities/sports jointly. 10. All contact between the parties shall be limited to issues concerning the Children. 11. The Father's Petition for Contempt has been withdrawn by the Father. 12. 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. cc: BY THE COURT, 'Mark F. Bayley Esquire - Counsel for Father Victoria Yaroslavskava and ,/ Nick Matash Esquire - Counsel for Mother STACEY M. REEDY VS. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2009-2812 CIVIL ACTION LAW THOMAS P. REEDY JR Defendant Prior Judge: J. Wesley Oler Jr. IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Madison Reedy August 30, 2004 Mother Jordan Reedy July 30, 2006 Father Katelynn Reedy June 18, 2008 Father 2. A custody conciliation conference was held on November 11, 2011, with the following individuals in attendance: the Father, Thomas P. Reedy Jr., with his counsel, Mark F. Bayley Esquire, and the Mother, Stacey M. Reedy, with her counsel, Victoria Yaroslavskava and Nick Matash Esquire. 3. The parties agreed to entry of an Order in the form as attached. Nv ? •A i y ?o ?/ Date Dawn S. Sunday, Esquire Custody Conciliator STACEY HOSTLER IN THE COURT OF COMMON PLEAS OF - PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA , " IJ 2009-2812 CIVIL ACTION LAW _'r-l THOMAS REEDY - - - IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, April 04, 2012 , 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 02, 2012 at 3:00 PM 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esq. 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 0ed.coey md,leo/k 7"9-1 11 Zio?? • co Inad ec( 7'0 icy 4 • ?ory Svn^l?- • qpy lMa//e d -(-a /151? STACEY HOSTLER IN THE COURT OF COMMON PLEAS OF n P-, ° .1 PLAINTIFF C: CUMBERLAND COUNTY PENNSYLVA-W *t - 7 rn -- ? V. C!> 4? ° ' 3 J 2009-2812 CIVIL ACTION LAW C) _n THOMAS REEDY Dc? C) IN CUSTODY > = te DEFENDANT -? r :7a C70 ORDER OF COURT AND NOW, Monday, April 30, 2012 , 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 Monday, May 07, 2012 at 2:30 PM 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/ 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 Cf y '"'Q 14 PO/ ?Copy rHa?Ctb/ 74-9 f Coe Svn Cvn??/'? y? STACEY HOSTLER, Plaintiff V. W00004"b of 4*L""'k%j42t IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL COURT CIVIL ACTION - LAW THOMAS REEDY Defendant CIVIL ACTION NO: 2812-2009 IN RE: PETITION FOR SPECIAL EMERGENCY RELIEF ORDER OF COURT AND NOW, this 1St day of May 2012 upon review of the Petition and following a telephone conference on 30 April 2012, a Hearing on the status of the investigation is scheduled for 7 May 2012 at 3:00 p.m. in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution List: Megan Riesmeyer, Esq. ?The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013-2899 Counsel for Plaintiff k1 Mark F. Bayley, Esq. 17 West South Street Carlisle, PA 17013 By the Court Thomas A. Placey C.P.J. c -? 3 r w; zrn a;' u,r-- r? ?a 'xo v? PJ s Z' 't 3 mh (7 ?:es ma.1t?1 5?i I/ STACEY HOSTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY; THOMAS REEDY, a3 Defendant : NO. 2009-2812 CIVIL TERM =rn -0 r%a -O rn CERTIFICATE OF SERVICE ?` ?? -; I, Veronica Padilla, Certified Legal Intern, Family Law Clinic, hereby certif?t I served a Petition for Special Relief Seeking Emergency Custody and an Answer to Defendant's Petition for Civil Contempt on Mark Bayley, attorney for Thomas Reedy, at 17 West South Street, Carlisle PA 17013 by depositing a copy of the same in the United States mail, postage prepaid. Date: Veronica Padilla Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 STACEY HOSTLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 2009-2812 CIVIL TERM THOMAS REEDY, Defendant IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1915.13 ORDER OF COURT AND NOW, this 7th day of May, 2012, upon review of the petition, testimony from both parents, the investigating State Trooper and Ms. Shumaker of Perry County Children and Youth Services, the November 22, 2011, custody order is amended to provide: 1. Father shall not have unsupervised custody of Katelynn and will at all times comply with the current safety plan. 2. Father or mother may request the modification of this order upon completion of the investigation by either Perry County Children and Youth Services or the Pennsylvania State Police at Perry County. By Thomas (A Placey C.P.J3 c:.y ?, --+ x tit x. f ^ r.,:. D Z o- 7 .. r C D .:J : _° w rn Marisa Burkett, Certified Legal Intern Megan Riesmeyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Plaintiff Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 For Defendant :mae 05/07/2012 14:59 717-582-2417 PERRY CO C AND Y PAGE 02/03 6 1 to 40 a Q 5 Q, o z C-) ;r x CP ' co IV N W '? a a 1-8 Z C ' r CA a. a UP 3 9 fib' ? ?a•??; F KQ a 0 k •? 3 ? m st 5 a ??. = gam w 3 ~ Z a a + -o 5 ?w C 355 m o n 3 $ Q C O 2' col (A 0 a m ? y 1 co CO) m 4 'D Z 05/07/2012 14:59 717-582-2417 PERRY CO C AND Y PAGE 03/03 I&e N o V ?. (/1 m EE L• 1 X31... ' 4 Q: V. I re i ? 3 w ?? 1 rA m W A 40 LO W to `° m s ? o Hsi ? f a b bl 3 W c i E SC w a •O O ? T "a -0 O M T 0 O D Q O S +1 0 aC a 0 l d w ? ?e 0 0 O ?p w 'a O r 19 C) ID o T p Q. 7 n 7 ? R 2 .?? 3 0! ? 0 O ? e pp 0 M CL to ?aa I t? ?? 0 N G uO w a=? a ,z 7 7 ? ms m 's V ra a L-? 'A • o a w 0 Stacey Hostler IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CIVIL ACTION - CUSTODY Thomas Reedy , . Defendant N0.2009-2812 PRAECIPE FOR WITHDRAWAL OF PETITION TO MODIFY CUSTODY ORDER TO THE PROTHONOTARY: PLEASE withdraw the Petition to Modify Custody Order filed by the plaintiff on March 2~ 2012 in the above reference docket. G~ ti- Anna Strawn Certified Legal Intern ~~ Megan iesmeyer Supervising Attorney COMMUNITY LAW CLINIC 371 W. South Street ~ ~ -- Carlisle, PA 17013 -v ~ ~.., , ~ (717) 243-2968 ~', ~ " ~' Fax: (717) 241-3596 ~'= ~ ~' - ~ -{ t ~ ~. ~ ~ ~, _~ /'•°~ ^.! STACEY HOSTLER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-2812 CIVIL ACTION LAW THOMAS REEDY Defendant IN CUSTODY ORDER AND NOW, this 29TH day of August, 2012 , the conciliator, having been advised by counsel for the Plaintiff on the Petition to Modify the custody order and counsel for the Defendant on the Petition'for Contempt, that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for August 23, 2012 will not be necessary and is canceled. FOR THE COURT, Dawn S. Sunday, Esquire 3 Custody Conciliator rn -?iw a -v utp, c' r C C-) 3s Z C -n --= _ X Cn STACEY M. HOSTLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY v� - THOMAS REEDY, Defendant : NO. NO. 2009-2812 CIVIL TERM V r r=' Pia r.-c PETITION TO MODIFY CUSTODY ORDERS �° -n C 1. The petition of Stacey M. Hostler,by her attorneys,the Community Law dni¢,,) respectfully represents that on November 22, 2011, an Order of Court was entered for custody of Madison Reedy,born August 30, 2004, Jordan Reedy,born July 30, 2006, and Katelynn Reedy, born June 18, 2008 ("the Children"), a true and correct copy of which is attached. Under the existing Order, Thomas Reedy ("Father")has primary physical custody of Jordan Reedy and Katelynn Reedy. Stacey Reedy ("Mother")has primary physical custody of Madison Reedy. The parties have partial physical custody of all three Children on alternating weekends from Friday through Monday. During the summer school break,the parties alternate having custody of all Children on a biweekly basis with the exchange taking place on alternating Fridays. 2. This Order should be modified because: a. Father has a history of excessive drinking; b. Father pled guilty to Driving Under the Influence under 75 Pa. Stat. § 3802 on March 26, 2013; c. Mother believes that Father has been incarcerated three times in the last year; d. While Father is incarcerated, Father is unable to care for his children, instead relying on his parents to act as caregivers. 3. Father is represented by Mark Bailey, Esquire. Pursuant to Local Rule 208.3(a), concurrence was sought from Father's attorney. Father's attorney does not concur with this Petition. 4. Judge Thomas Placey has previously ruled on this matter. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody of all three Children because it will be in the best interest of Children. Date: 3 �� R e 41 ia Pe sera Certified Legal Intern MEGA RIESMEYER Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 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 unsworn falsification to authorities. Date: Stacey M. ostler CERTIFICATE OF SERVICE I,Ria Pereira, Certified Legal Intern, the Community 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 2°1 day of Q6 1 , 2013: Mark Bailey, Esquire Bailey and Mangan 17 West South Street Carlisle, PA 17013 Ria P reira Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 STACY M. HOSTLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2812 CIVIL ACTION LAW ma; XM zs• M � -c -ot- THOMAS REEDY N 71� IN CUSTODY DEFENDANT e - . 7l ORDER OF COURT ' AND NOW, Thursday,May 02,2013 , 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 Friday,May 31,2013 12:00 PM 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/ Dawn S. Sunday, Es q. dZ 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. Tro • Cumberland County Bar Association G 1 32 South Bedford Street �$�. .. c Carlisle, Pennsylvania 1.7013 . C1 Law Cl i ri� Telephone (717) 249-3166 .omrnu>ri�� 05 f _ c t�Ll {HE F tO 'ri7,' U r{'� n Jl i;4UJ tit' P k �' U .a<<11i1Un STACEY HOSTLER, 113 JAN 27 PM 1 ty Plaintiff J <•i - , CUMBERLAND CCU Ty IN THE COURT OF COMMON PLEAS PENNSYLVANI OF THE NINTH JUDICIAL DISTRICT v. 2009-02812 CIVIL TERM THOMAS REEDY, Defendant IN CUSTODY IN RE: CUSTODY TRIAL SCHEDULING ORDER OF COURT AND NOW, this 27th day of June 2013, upon review of the Conciliation Summary Report, a custody trial is scheduled for 7 August 2013 at 2:00 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time testimony will be taken. Plaintiff shall be deemed the moving party and shall initially proceed with testimony. Counsel shall attend a Pre-trial Conference scheduled for 23 July 2013 at 2:00 p.m. in Courtroom Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel shall prepare and shall file with the court and serve upon the other party a pre-trial statement no later than 16 July 2013. The pre-trial statement shall include the following matters, together with any additional information required by special order of the court: a. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be included with the pre-trial statement to opposing counsel but not the court. The report shall describe the witness's qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; b. The name, address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness, a summary paragraph of the anticipated testimony of each witness and a statement by counsel that counsel has communicated with each witness whose anticipated testimony is summarized; c. The name and age of any child witness either party proposes to call as a witness; d. A list of proposed questions the court may ask, in camera, of any child witness; e. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark, together with an indication that the exhibit has been given to opposing counsel; f. The pre-trial statements, summaries, and the identified exhibit list may also be submitted electronically in PDF format via email to the opposing counsel and the court; and g. A proposed final custody order. 2. If a party fails to file a pre-trial statement as required by paragraph number 1, the court may make an appropriate order under Rule 4019(c) governing sanctions. a. Except for good cause shown, a party who fails to comply with the requirements of paragraph number 1 of this Order shall be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 3. Except for good cause shown, a party shall be barred from offering any testimony or introducing any evidence that is inconsistent with or which goes beyond the fair scope of the information set forth in the pre-trial statement. 4. Unless otherwise ordered by the court, the parties may amend their pre-trial statements at any time, but not later than seven days before trial. 5. At the pre-trial or status conference, the following shall be considered: a. the narrowing of the issues; b. the entry of a scheduling order; c. the special scheduling of any child witness either party intends to call at trial; d. the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof; 2 e. the limitation of the number of expert witnesses; f. settlement and/or mediation of the case; and g. such other matters as may aid in the disposition of the case. 6. The court shall make an order reciting the action taken at the conference and the agreements made by the parties as to any of the matters considered, and limiting the issues for trial to those not disposed of by admissions or agreements of the attorneys. Such order shall control the subsequent course of the action unless modified at the trial to prevent manifest injustice. BY THE COURT, 1)( Thomas A. Placey, C.P.J. Distribution: .3Iark F. Bayley, Esq. ✓ Megan Reismeyer, Esq. Y • . Lt.q eb ,e_s ('2 I t 28//a ',,,I 3 STACEY HOSTLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT v 2009-2812 CIVIL TERM THOMAS REEDY, CIVIL ACTION - LAW Defendant IN CUSTODY IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 23rd day of July, 2013, a pretrial conference for this custody case was held in the jury deliberation room of Courtroom Number 6 of the Cumberland County Courthouse . Present on behalf of Plaintiff was Jonathan Vega, Certified Legal Intern, with Timothy Smith, supervising attorney. Present on behalf of Defendant was Mark F. Bayley, Esquire . This is a custody action between Mother/Plaintiff, Stacey Hostler, and Father/Defendant, Thomas Reedy, concerning their three children, Madison, Jordan, and Katelynn, whose current custodial status is Madison primary with Mother and Jordan and Katelynn primary with Father, and children spending each weekend with each other in the alternating parents home. Mother is seeking primary custody of all three, while Father seeks to maintain the status quo . Father ' s care of Katelynn is currently believed to require supervision. Mother being the moving party, she shall proceed first with her testimony, which is to be followed by Father, then Mother' s witnesses, and then Father' s . There will not be any child witnesses at this hearing nor shall any of the children be present in the courthouse during this proceeding. The time allotted to each party for examination and cross examination of all witnesses is one and one-quarter hours . How they choose to use it is left to them, but additional time will not be given absent extraordinary circumstances . Plaintiff' s exhibits have been shared without objection. Defendant ' s exhibits have been partially shared and are awaiting additional evaluations and treatment summaries, to which there is a general agreement that they may be admitted, provided they are properly shared and no objection is made prior to this trial . There are no outstanding motions . The trial shall commence on 7 August 2013, at 2 : 00 p.m. This order shall control the subsequent course of action unless modified at the trial to prevent manifest injustice . By the Court, Thom A. Placey C. P. J. gamily Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Plaintiff . Mark F. Bayley, Esquire J . . , � 17 West South Street 4C A "-4 -- Carlisle, PA 17013 flr a 2° 4... For Defendant 0 Sri Stacy Hostler, : IN THE COURT OF COMMON PLEAS O = ^ Plaintiff : CUMBERLAND COUNTY, PENNSYLV V. : CIVIL ACTION—LAW , IN CUSTODY 52 ` Thomas Reedy , Defendant. : NO. 09 - 2812 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 321 I hereby consent to the appearance of Johnathan Vega, a Certified Legal Intern under the supervision of an attorney, in the above-entitled Custody proceeding before the Honorable J. Placey at 2:00 p.m. on August 7, 2013. f Date 3 Stacy Hostl As the supervising attorney for Johnathan Vega, certified under Pa.B.A.R. 321, I approve of his/her appearance on behalf of the above-named client in the above-named proceeding. Date ( - Timp y Smith Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717- 243-2968 Fax: 717-241-3539 STACEY HOSTLER, Q , Plaintiff IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. 2009-02812 CIVIL TERM THOMAS P. REEDY, JR. Defendant IN CUSTODY IN RE: CUSTODY TRIAL ORDER OF COURT AND NOW, this 22nd day of August 2013, following a trial concerning the parties' physical and legal custodial responsibilities of their minor children Madison, age 9 - born 30 August 2004, Jordan, age 7 - born 30 July 2006, and Katelynn, age 5 - born 18 June 2008, it is hereby ORDERED AND DECREED that, in the children's best interests, the "Parenting Plan" shall be as follows: 1. LEGAL CUSTODY: The Father, Thomas P. Reedy, Jr., and the Mother, Stacey Hostler, shall enjoy shared legal custody of their children - Madison, Jordan, and Katelynn (children). a. 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. b. Each parent shall be entitled to equal access to the children's school, medical, dental, and other important records. C. As soon as practical after the receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each parent shall notify the other party of any medical, dental, optical, or other appointments for any of the children with health care providers, sufficiently in advance thereof, so that the other party can attend. d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the children's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning the children's progress and welfare. Such a release or°authorization shall be executed within ten (10) days of any written request by either party or their counsel. e. Notwithstanding that both parents share legal custody, non-major decisions involving the children's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Order. f. Both parents shall maintain an active electronic mail "email" account for the use of the other parent and school to share and convey information regarding the children's schedule, school notifications, and the like. Both parents shall review messages in the email account on a daily basis and respond to any requests within twenty-four (24) hours, if a response is requested or required. Each parent will maintain a file of true and correct copies of all electronic communication, either electronically or in paper form. 2. PHYSICAL CUSTODY: 2 Primary physical custody of Madison, Jordan and Katelynn, as that term is defined in the Custody Act, shall be with Mother. Partial physical custody is the right to take possession of a child away from the custodial parent for a certain period of time. Mother shall have primary physical custody of the children, subject to Father's partial physical custody as follows: a. Father shall have partial physical custody of the children on designated weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m. Father designated weekends are the first and third weekends of the month and shall include the fifth weekend in those months that have five weekend days falling within the month, which means in those months Father will have two weekends in a row, being the 5t" and 1St weekends. b. Every Wednesday, Father may have, where his work schedule permits and he has provided appropriate notice under this parenting plan, partial physical custody of the children from 4:30 p.m. to 8:00 p.m. If any of the children are in after school activities on the Wednesdays that Father exercises additional periods of partial physical custody, Father shall deliver the child to the extracurricular activity. C. Nightly, the custodial parent of the children shall place a phone call to a designated number of the other parent approximately one half-hour prior to the earliest bedtime of the children. The sole purpose of this call is to allow all the children to say good night to the non-custodial parent at one time. If the phone call results in an answering machine pick-up, the 3 custodial parent shall encourage the children to leave a message saying good night. d. The parents are encouraged to establish a holiday custody schedule; however, in the absence of an agreed upon schedule, a "default' Holiday and Special Days schedule is attached to this Order as Attachment A, and is incorporated herein. The periods of partial custody for the holidays, vacations, and other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth within this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. e. Father shall have partial physical custody of the children at such other times as the parties mutually agree in writing, said writing and any other agreement identified in this Order must be on paper or in an electronic format. Oral changes to the agreement that are not in the designated writing requirement cannot and will not be enforced by the court. f. In order for the Father to exercise an additional day of partial physical custody or other agreed periods beyond this order, this additional period must be finalized no later than 24 hours in advance of the agreed upon additional time. For example, should Father also have a Friday off during the week and wish to add the Thursday overnight to the Friday and Saturday overnight period, with the exchange being on Thursday at 6:00 p.m., the written agreement must be done no later than 6:00 p.m. on 4 Wednesday. This will require advance planning to have the request to Mother no later than Tuesday at 6:00 p.m., to which she would need to respond to the request for additional periods of partial physical custody within that 24 hour period. g. Both parties are expected to use common sense in scheduling telephone calls to talk to the children. Both parties are directed to refrain from preventing the parent who may be calling from talking to the children, or preventing the children from calling the other parent, provided that the telephone calls are not excessively frequent or too long in duration. The non-custodial parent shall have liberal phone contact with the children on a reasonable basis including, but not limited to, the nightly good night phone call established by paragraph 2(c) of this Order. h. The custodial exchange shall be performed by the parent relinquishing custody at the receiving parent's home, unless otherwise agreed to in writing. i. In the event that the receiving party is more than twenty (20) minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the children, the dropping off party may assume that the receiving parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the children. 3. GENERAL RULES OF CONDUCT: 5 Parents shall promote the natural development of the children love and affection for their family. Each parent shall promote the affections of their children toward the other parent or the other parent's extended family and shall make a conscious effort to do so. To the extent possible, the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. a. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the children at any time, the party then having custody of the children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency so that the other parent can become involved in the decision making process as soon as practical. b. During any period of custody, the parties shall not possess or use illegal substances or consume or be under the influence of alcoholic beverages to the point of intoxication. Any prescribed medications shall be taken only to assure therapeutic levels. The parents shall, to the extent possible, ensure that other household members and or guest comply with this provision. C. It shall be the duty of each parent to hold out the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by 6 the appropriate role name such as Mom, Dad, your grandmother, or other familial name of respect. e The parents shall refrain from encouraging the children to provide reports about the other party. Communication should always take place directly between parents, without using the children as an intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. Parents shall civilly and respectfully communicate about co-parenting, legal custody issues, and changes in schedules in person or by telephone and via letters, faxes, texts, or email, whichever means is most appropriate for the matter. g. Both parents shall use their best efforts to engage in joint decision-making with respect to the children. In the event the parents are unable to reach an agreement, they shall exchange written proposals, including appropriate explanations of their positions, after which they shall meet and discuss their modification proposals in person, if necessary, to reach a decision in the best interest of the children. This shall be done prior to contacting their respective attorneys, mediator, conciliator, or co-parenting counselor. h. Toys, clothes, and other daily use items shall not become matters of contention between the parents as these shall be treated as the children property, not the parents', entitling the items to be taken by the children as reasonably appropriate. 7 i. The children now all being within the Mechanicsburg Area School District, it is expected that the children are timely enrolled into the school district. 4. SPECIFIC CONDUCT RULES: Either party may request of the other parent to submit on a periodic basis to chemical testing to ascertain consumption of prohibited or illegal substances. The party making this request shall bear all the cost of sampling and testing. The party receiving the testing request shall submit within 24 hours to the local testing location for sampling of their blood or urine. Any results of this testing are to be shared with the other party upon receipt and under no circumstances are the results to be made public but will be available to the court for an in camera review upon appropriate request to the court. 5. RELOCATION: Relocation is defined as a change in residence of the children which significantly impairs the ability of a non-relocating party to exercise custodial rights. No relocation shall occur unless every individual who has custody rights to the children consents to the proposed relocation or the court approves the proposed relocation. If a party seeks to relocate, that party shall notify every other individual who has custody rights to the children. Both parties must follow the statutory requirements contained in 23 Pa.C.S. §5337. Specifically, the relocating party must notify every other individual who has custody rights to the children by certified mail, return receipt requested. The notice must then comply with the following requirements: a. Notice must be sent no later than: (1) the 60th day before the date of the proposed relocation. 8 (2) the 10th day after the date that the individual knows of the relocation if the individual did not know and could not reasonably know of the relocation in sufficient time to comply with the 60 day notice requirement and it is not reasonably possible to delay the date of relocation so as to comply with the 60 day notice requirement. b. Unless otherwise excused by law, the following information must be included in the notice: (1) the address of the intended new residence. (2) the mailing address, if not the same as the address of the intended new residence. (3) names and ages of the individuals in the new residence, including individuals who intend to live in the new residence. (4) the home telephone number of the intended new residence, if applicable. (5) the name of the new school district and school. (6) the date of the proposed relocation. (7) the reason(s) for the proposed relocation. (8) a proposal for a revised custody schedule. (9) any other information which the party proposing the relocation deems appropriate. 9 (10) a counter-affidavit as provided under subsection (d)(1) which can be used to object to the proposed relocation and modification of a custody Order. (11) a warning to the non-relocating party that, if the non-relocating party does not file with the court an objection to the proposed relocation within 30 days after receipt of notice, non-relocating party shall be foreclosed from objecting to the relocation. C. If any of the aforementioned information is not known when the notice is sent but is later made known to the party seeking the relocation, then that party shall promptly inform every individual who received notice. d. If the non-relocating parent objects to the proposed move, he/she must do so by filing the counter-affidavit with the court and the other party within 30 days. The notice of objection to the opposing party must be sent by certified mail, return receipt requested. If no objection is made in the manner set forth above then it shall be presumed that the non-relocating parent has consented to the proposed relocation and the court will not accept testimony challenging the relocation in any further review of the custodial arrangements. e. The court shall hold an expedited full hearing on the proposed relocation after a timely objection has been filed and before relocation occurs. The court may permit relocation before a full hearing if the court finds that exigent circumstances exist. 6. ENUMERATED OFFENSES: 10 Father has a conviction for an offense enumerated under Chapter 38 of Title 75 of the Pennsylvania Consolidated Statutes. Father has taken the court ordered steps as a .result of this conviction and indicates that he is alcohol free. A chemical test of his blood during the parole period indicated that he had only been taking medications that he was lawfully prescribed at a therapeutic level. Father's post arrest action speaks loudly that he is not a threat of harm to any of his children; however, the high blood alcohol content at the time of the arrest, indicates that Father needs to fully abstain from alcohol. No other member of either household has been identified as having a conviction for an enumerated offense. The parties are reminded that should a petition to modify this Custody Order be filed, the parties will need to comply with the requirements of 23 Pa.C.S. § 5329. 7. ASSESSMENT: In arriving at this plan, the court considered the following factors: a) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party? The parents are encouraging; each in their own way and neither stands out as foremost in promoting contact. b) The present and past abuse, continued risk of harm, adequate physical safeguards and supervision of the child. The parties both focused on the continued and future safeguards and supervision of the children in their testimony. Father is largely dependent upon the largess of his parents and the use of their three bedroom ranch home to provide home safeguards and supervision. 11 c) The parental duties performed by each party on behalf of the child. Father's responsibility for medical care of Madison has been suggested to be inadequate; however, Father indicates that he is on track and complying with the medical access requirements in order to see to Madison's treatment. Mother's care would require her to use this same needed access. d) The need for stability and continuity in the child's education, family life and community life. The parties had previously agreed to the separation of the children based on the parental needs at the time, believing them to be the best interest of the children. This solution may lend itself for the ease of the parents to separate the children, however, in this instance, based on the facts provided it cannot be said it is in the best interest to separate them for their stability and continuity. e) The availability of extended family. Mother and her fiance work alternating schedules that permits one of them always to be with the children, their half siblings and step-siblings. The children, when with their Father, reside at the maternal grandparent's home. The child's sibling relationships. At Mother's home are Chloe age eight months, Kiley age 2 years, Jaylynn age 3 years, and Jasmine age 12 years. There are no additional siblings at Father's home. It is again noted that under the parents previous agreement that these three children had been separated. 12 g) The well-reasoned preference of the child, based on the child's maturity and judgment. Not applicable. h) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm. There have been no demonstrative attempts of either parent to turn the children against the other parent. i) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs? It appears Mother currently has the ability to have a more loving, stable and consistent environment for all the children. Father is certainly desirous of maintaining a loving, stable and consistent environment for all his children; however, in Perry County, his resources are limited. j) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child? As previously noted Mother has taken issue with Father's attention to Madison's physical needs; however, both are dependent on third party coverage for medical treatment. k) The proximity of the residences of the parties. The parties residence are approximately twenty-five miles apart; however, there is no direct route and travel time is approximately forty-five minutes on any given day without traffic. l) Each party's availability to care for the child or ability to make appropriate child-care arrangements. 13 Mother and her fiance schedules, as previously indicated; do not require them to have additional childcare arrangements. Father has in-home childcare while he is living in his parents' home. m) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party. There is no specific conflict between the parties; only a different view on what each believes is in the best interest of their children. n) The history of drug and alcohol abuse of a party or member of a party's household. There has been no allegation that Mother has a debilitative history of drug or alcohol abuse. Father's history of alcohol abuse is detailed earlier in this parenting plan. o) The mental and physical condition of a party or member of a party's household. There is no documented evidence of mental and physical issues by either party. The children's learning and health issues have been otherwise documented. 8. MODIFICATION OF ORDER: The parties are free to modify the terms of this Order, but in order to do so, the court makes it clear that both parties must be in complete agreement to any new terms, meaning that both parties must consent in writing on what the new terms of the custody arrangement or schedule shall be. In the event that one or the other does not consent to a change, that does not mean each follows his or her own idea as to what he or she thinks the arrangements 14 should be. The reason this Order is set out in such detail is so both parties have it to refer to and to govern their relationship with the child and with each other in the event of a disagreement. A copy of this Final Order of Custody shall be sent to both attorneys, who shall provide a copy to his/her client. 9. REASON FOR AWARD: The best interest of all three children is not to be separated between parents. This primary reason then necessitates a decision between parents, both of whom have positive impacts in their children's lives. The children's time cannot be split evenly between the parents as the distance between homes is too far to make a shared custody practical. At this time in her life Mother has the better plan for all the children, which is why she is given primary custody. Father is not a bad parent, which is why the decision was made to allow him maximum non-working time with all his children, as it becomes available to him. BY T E-COU RT Thomas A. acey, C.P.J. Distribution: ✓ Mark F. Bayley, Esq. Johnathan Vega, C.L.I. C) /Timothy Smith, Esq. 3 =rn - • MCD co CD 15 HOLIDAYS AND SPECIAL DAYS SCHEDULE DAY TIMES EVEN YEAR ODD YEAR Easter 1St half 9 am to 2 pm Father Mother Easter 2nd half 2 pm to 7 pm Mother Father Memorial Day 9 am to 7 pm Mother Father Independence Day 9 am to 7 pm Father Mother Labor Day 9 am to 7 pm Mother Father Halloween 5 pm to 8 pm Father Mother Thanksgiving 1St half 9 am to 2 pm Mother Father Thanksgiving 2"d half 2 pm to 7 pm Father Mother Christmas 1St half 6 pm 24 December to Father Mother noon 25 December Christmas 2nd half Noon 25 December to 9 Mother Father am 26 December New Years 6 pm 31 December to Mother Father noon 1 January* Mother's Day 9 am to 7 pm Mother Mother Father's Day 9 am to 7 pm Father Father *The calendar year on December 31St dictates the odd or even year determination. \\ccpasr07\ncca$\DATA\tplacey\Custody\HOLIDAYS AND SPECIAL DAYS SCHEDULE.docx Attachment A