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HomeMy WebLinkAbout09-4390BROOKE CLIFFORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. Ctc,-L JOSHUA TOLAN, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Brooke Clifford, who currently resides at 326 Bobcat Road, Newville, Cumberland County, Pennsylvania. 2. The Defendant is Joshua Tolan, who currently resides at 393 Crossroad School Road, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name: Laila Clifford Date of Birth: April 30, 2009 Address: 326 Bobcat Road, Newville, Cumberland County, Pennsylvania 17241 4. The child was born out of wedlock. 5. The child is presently in the custody of Brooke Clifford, who resides at 326 Bobcat Road, Newville, Cumberland County, Pennsylvania. 6. During the child's lifetime, she has resided with the following persons and at the following addresses: Name Address Date Brooke Clifford, Misty Clifford 326 Bobcat Road, April 30, 2009 to present New ville Michael Clifford 7. The mother of the child is Brooke Clifford, who resides at 326 Bobcat Road, Newville, Cumberland County, Pennsylvania. 8. Mother of the child, Brooke Clifford, is not married. 9. The father of the child is Joshua Tolan, who currently resides at 393 Crossroad School Road, Newville, Cumberland County, Pennsylvania. 10. Father of the child, Joshua Tolan, is not married. 11. The relationship of Plaintiff to the child is that of Mother 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently resides with the following persons: Misty Clifford and Michael Clifford, her parents. 14. The Defendant currently resides with the following persons: His parents. 15. The Plaintiff has not participated as a party- or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 16. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 17. The Plaintiff does not know of a person or 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. 18. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: The parties have executed a Custody Stipulation and Agreement, and they desire to have the terms of that agreement made into an Order of Court. A copy of the Agreement is attached hereto as `Exhibit A'. 19. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court grant prirnaiv physical custody of the child to the Plaintiff and partial physical custody to the Defendant as outlined in the Custody Stipulation and Agreement. DATE bb ._y' D 9 Respectfully submitted, ABom&KUTULAKIS, L.L.P. l Uf / b-, Kara W. Haggerty E q ' e Supreme Court I 6914 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint VERIFICATION I, BROOKE CLIFFORD, verify that the statements made in this Custody Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. j.. Date 1,30 BROOKE CLIFFORD ABOM ?' I?uTUL.sKis Tiara W. I lag.-ern', I?squire .lttornev T.D. #: 86914 3 west I Tigh Strcet Carlisle, PA 17013 (717) 349-0900 BROOKE CLIFFORD, Plaintiff V. JOSHUA TOLAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL TERM UUSTODY STIPULATION AND A REEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, bi- and between BROOKE CLIFFORD, (hereinafter referred to as "Mother") and JOSHUA TOLAN, (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of one child, namely LAILA CLIFFORD, born April 30, 2009, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: CIVIL ACTION - LAW IN CUSTODY ENTUBIT "A" 2 1. LEGAL CUSTODY: a. The Father and the Mother shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergence- decisions affecting the Child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 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 authoritNT 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. 2. PHYSICAL CUSTODY: a. Mother shall enjoy primary- physical custody- of the Child. b. Father shall exercise partial physical custody of the Child as follows: i. On alternating weekends from Friday- at 5:00 p.m. until Sunday at 8:00 p.m., with Father's weekends beginning on Friday, July 10, 2009. 3 ii. Every Monday and Wednesday evening from 5:00 p.m. until 9:00 p.m. iii. Once the child reaches six (6) months of age, Father shall exercise custody on Mondays and Wednesdays from 5:00 p.m. until the next morning at 8:00 a.m. C. The parties shall exchange custody at the Bloser?-ille Deli. 3. HOLIDAYS: a. The parties agree to the following holiday schedule. i. Christmas: Custody- during the Christmas holiday shall be exercised such that Mother shall exercise custody- from Noon on December 24 until Noon on December 25 and Father shall exercise custody from Noon on December 25 until Noon on December 26. ii. Thanksgiving: Father shall have custody of the child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. Mother exercise custody from 3:00 p.m. until 9:00 p.m. iii. Easter: Mother shall be entitled to custody- of the child on Easter in even- numbered years from 9:00 a.m. until 3:00 p.m. and Father shall be entitled to custody from 3:00 p.m. until 9:00 p.m. The schedule shall alternate in all odd- numbered years. iv. Mother's Day and Father's Day: Mother shall be entitled to exercise custody of the child on Mother's Day from 8:00 a.m. until 8:00 p.m. Father shall be entitled to exercise custody- of the child on Father's Day from 8:00 a.m. until 8:00 p.m. v. The parties shall alternate the following holidays: New Fear's Day, Nlemorial Day , Fourth of July, Labor Day, and Halloween (trick-or-treat night). Mother shall enjoy the Fourth of July in 2009 and the holidays shall alternate thereafter. b. The holiday schedule takes precedence over the routine custody schedule. 4 4. The parents shall permit and support the Child's access to all family relationships. Both parties shall accommodate special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., with routine -%nsitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Child that may interfere with regular -, isitation. 5. The parents shall organize ways for their Child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that toys, clothes, etc. not become matters of contention. Major gifts should be discussed and coordinated between the parents. 6. NO CONFLICT ZONE: a. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no- conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child are sleeping or awake. 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 the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary-. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 5 7. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland Countv, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for at least the past six (6) months in Cumberland Count`-, Pennsylvania. 8. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of die other party. 9. The parties acknowledge that they have read and understand the provisions of diis Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: L41 DA E BROOKE CLIFFORD DATE JOSHUA TOLAN 6 CERTIFICATE OF SERVICE )4 t L' AND NOW, this, day of June, 2009, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Joshua Tolan 393 Crossroad School Road Newville, PA 17241 Respectfully submitted, ABom & KUTULAKIS, L.L.P. Kara W. Haggerty, Es Supreme Court IDQko S 914 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaint RED-, Fac: CF {[ i? PC, 2CQ4 JOk1 30 FBI 2: 5 b ?l?s.sv?cl CK-* 1G .2d BROOKE CLIFFORD, Plaintiff V. JOSHUA TOLAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: q - 43go CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW this day of and Agreement is hereby made an Order of Court. Kara W. Haggerty, Esquire, For the Plaint&- Joshua Tolan, Pro Se Defendant 393 Crossroad School Road Newville, PA 17241 BY THE COURT: 2009, the attached Custody Stipulation _ ABOM ?' KLiTLiLAKIS Tiara W. I Iaggerty, lisyuirc Attorncv I.D. #: 86914 2 West l-Iigh Street Carlisle, PA 17013 (717) 249-0900 BROOKE CLIFFORD, Plaintiff V. JOSHUA TOLAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.(N-,l34d CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATiON AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between BROOKE CLIFFORD, (hereinafter referred to as "Mother") and JOSHUA TOLAN, (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of one child, namely LAILA CLIFFORD, born April 30, 2009, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 2 1. LEGAL CUSTODY: a. The Father and the Mother shall have shared legal custody of the Child. 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 their health, education and religion. Pursuant to the terms of Pa.C.S. X5309, 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. 2. PHYSICAL CUSTODY: a. Mother shall enjoy primary- physical custody of the Child. b. Father shall exercise partial physical custody of the Child as follows: i. On alternating weekends from Friday at 5:00 p.m. until Sunday at 8:00 p.m., with Father's weekends beginning on Friday, July 10, 2009. 3 ii. Every Monday and Wednesday evening from 5:00 p.m. until 9:00 p.m. iii. Once the child reaches six (6) months of age, Father shall exercise custody on Mondays and Wednesdays from 5:00 p.m. until the next morning at 8:00 a.m. C. The parties shall exchange custody at the Bloserville Deli. 3. HOLIDAYS: a. The parties agree to the following holiday, schedule. i. Christmas: Custody- during the Christmas holiday- shall be exercised such that Mother shall exercise custody from Noon on December 24 until Noon on December 25 and Father shall exercise custody from Noon on December 25 until Noon on December 26. ii. Thanksgiving: Father shall have custody of the child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. Mother exercise custody from 3:00 p.m. until 9:00 p.m. iii. Easter: Mother shall be entitled to custody- of the child on Easter in even- numbered years from 9:00 a.m. until 3:00 p.m. and Father shall be entitled to custody from 3:00 p.m. until 9:00 p.m. The schedule shall alternate in all odd- numbered years. iv. Mother's Day and Father's Day: Mother shall be entitled to exercise custody of the child on Mother's Day from 8:00 a.m. until 8:00 p.m. Father shall be entitled to exercise custody of the child on Father's Day from 8:00 a.m. until 8:00 p.m. v. The parties shall alternate the following holidays: New Year's Day, Memorial Day Fourth of July, Labor Day, and Halloween (trick-or-treat night). Mother shall enjoy the Fourth of July in 2009 and the holidays shall alternate thereafter. b. The holiday schedule takes precedence over the routine custody schedule. 4 4. The parents shall permit and support the Child's access to all family relationships. Both parties shall accommodate special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Child that may interfere with regular visitation. 5. The parents shall organize ways for their Child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that toys, clothes, etc. not become matters of contention. Major gifts should be discussed and coordinated between the parents. 6. NO CONFLICT ZONE: a. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no- conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child are sleeping or awake. 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 the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 5 %. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland Count-, and further acknowledge that the Court of Common Pleas of Cumberland Count= does, in fact, have jurisdiction over the issue of custody- of the parties' minor Child, who has resided for at least the past six (G) months in Cumberland Count-, Pennsylvania. 8. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party-. 9. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party- acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: DA E BROOKE CLI F RD ?NI DAT SHUA TO ,?? 6 L _ C)T?r mgJUj2 n JUL 0 i m96 BROOKE CLIFFORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. . NO. A 43 qQ CIVIL TERM JOSHUA TOLAN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW this. t9 Ov- day of Pvll-o? , 2009, the attached Custody Stipulation and Agreement is hereby made an Order of Court. B J I ra W. Haggerty, Esquire, For the Plaintiff ?Joshua Tolan, Pro Se Defendant 393 Crossroad School Road Newville, PA 17241 Liz 7 pa-lcq Fil FD_--C!FPCE OF RE )m 2009 JUL -2 PH 3: 38 PEEN NST'I'll 14% I r, BROOKE CLIFFORD IN THE COURT OF COMMON PLEAS OF PLAINTIFF' CUMBERLAND COUNTY, PENNSYLVANIA V. JOSHUA TOLAN DEFENDANT 2009-4390 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 03, 2010 _ 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 Thursday, September 30, 2010 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 ifthis 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 temporarv 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/ ac ueline M. Verne Esg Custody Conciliator The Court of Common Pleas of Cumberland County is required by laA to comp]} 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 I,ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. r Cumberland County Bar Association ?n COF fYkz??QcJ <p =; e(?? 32 South Bedford Street ? t -1 Carlisle, Pennsylvania 17013 , 0 Telephone (717) 249-3166 q- 3- l a Copy ?l ace-C) s' it yC? i-r1 ABOM ?' KuTULAKis Kira t!? l la„crly, f;uluin° aonul l1) A 'a: 84 9 14 2 11-e;i i h r, start t.url;,k. P 1 1-013 (;' ,, 249-0900 BROOKE CLIFFORD, Plaintiff V. JOSHUA TOLAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-4390 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY RESPONDENT'S ANSWER TO MOTION TO MODIFY CUSTODY AND NEW MATTER ANSWER TO MOTION TO MODIFY CUSTODY AND NOW this 13`h day of September, 2010, comes the Brooke Clifford, by and through his undersigned counsel, Kara W. Haggerty, of Abom & Kutulakis, L.L.P., and who respectfully sets forth the following Answer to Motion to Mod Custody and avers the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, Denied in part. It is specifically denied that the July 2, 2009 Order is no longer workable and that Mother has failed to properly care for the child's ongoing medical issues. By way of further response, Mother has always treated the medical issue and has sought out professional medical treatment on four occasions, while Father has only done so on one occasion. It is admitted that Father has moved and has a new work schedule. No response is required to the rest of the averment. WHEREFORE, it is respectfully requested that This Honorable Court order that Father's Petition to Modify Custody is denied. NEW MATTER - PETITION FOR CIVIL CONTEMPT AND NOW this 13T" day of September, 2010, comes the Brooke Clifford, by and through his undersigned counsel, Kara W. Haggerty, of Abom & Kutulakis, L.L.P., and who respectfully sets forth the following New Matter in the form of a Petition far Contempt and avers the following: 1. Petitioner is Brooke Clifford, who was the Plaintiff in the above captioned action between the parties. 2. Respondent is Joshua Tolan, who was the Defendant in that action. 3. Petitioner and Respondent are the parents of Laila Clifford, born April 30, 2009. 4. On or about July 2, 2009, This Honorable Court entered an Order of Court on a Custody Stipulation and Agreement. (A true and correct copy of the Order of Court is attached as "Exhibit A") a. The Custody Stipulation and Agreement states that Mother and Father will have shared Legal Custody of the minor child. b. Regarding physical custody, the Custody Stipulation and Agreement states that Mother shall enjoy primary physical custody of the child. Father shall exercise partial physical custody of the child on alternating weekends from Friday at 5:00 p.m. until Sunday at 8:00 p.m. Additionally, Father shall have the child every Monday and Wednesday evening from 5:00 p.m. until 9:00 p.m. 5. Respondent is in contempt of the July 2, 2009 Order of Court regarding custody of the minor child in that he has failed to follow through with this Honorable Court's Orders. a. Father has made baseless accusations against Mother to Children and Youth Services. i. On August 10, 2010, Father took the child to the doctor because of the rash on the child, which was caused by recurring episodes of MRSA. ii. Father, who had never sought medical attention for the rash that has appeared on prior occasions, believed that it was caused by parental negligence on behalf of the Mother, which is incorrect because it is a communicable disease caused by bacteria. iii. Father reported the incident to Children and Youth and kept the child in his custody on what he incorrectly said were Children and Youth directions. iv. The person responsible for investigating at Children and Youth Services realized the ploy by Father was for custody purposes and has informed Mother the case will be closed. b. Father has made it nearly impossible for Mother to communicate with him via telephone. c. Father has not been involved with the medical care of the child. L As mentioned above, the child has been having recurring problems with MRSA. ii. Mother has assumed all responsibility for the care and treatment of the issue, while Father has not been an active participant. iii. Evidence of Father's inaction related to the child's medical care, was his lack of an understanding of why the child had a rash. 6. It is believed and therefore averred that Father's actions on August 10, 2010 area direct violation of the July 2, 2009 Court Order and that Father is in Contempt of Court. 7. It is believed and therefore averred that Father's inability to be available for telephonic communication and lack of involvement in the medical care of the child are direct violations of the July 2, 2009 Court Order and that Father is in Contempt of Court. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order finding Respondent ui Contempt of Court and directing Respondent to immediately comply with This Honorable Court's Order and pay Petitioner's counsel fees and costs. Respectfully submitted, ABOM & KUTULAIOS, L.L.P. tX'') -1 1 [ - 'i-, Date Kara W. Haggerty, Esq Attorney I.D. No.: 86 _ 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintil Petitioner VERIFICATION I, BROOKE CLIFFORD, verify that the statements made in the above document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date C CERTIFICATE OF SERVICE AND NOW, this 13th day of September, 2010, I, Kara W. Haggerty, Esquire of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Respondent's Answer to Motion to Modify Custody and New Matter to the Plaintiff by First Class U.S. Mail at the following address: Mark. F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 Attorney for the Defendant Kara W. Haggerty, 0 SEP 15 2010 BROOKE CLIFFORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2009-4390 CIVIL TERM c' JOSHUA TOLAN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT ra CD AND NOW, upon consideration of the attached Complaint, it is hereby directed that tlk parties and their respective counsel appear before Jacqueline Verney, Esquire, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle, on the -Th day of October, 2010, at 10:30 a.m., 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 the scheduled Hearing. B E COUR .and 9 o • /a J. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ?ies rn?cCSt JU CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 3 OCT 1 ? 12010 BROOKE CLIFFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2009-4390 CIVIL ACTION - LAW JOSHUA TOLAN, Defendant : IN CUSTODY ORDER OF COURT -^ AND NOW, this I day of , 2006 upon .. consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 2, 2009 shall remain in full force and effect with the following modifications. 2. The parties shall share physical custody of the child on a 4/3/3/4 alternating schedule, such that Father shall have every Wednesday, Thursday and Friday overnight; Mother shall have every Sunday, Monday and Tuesday overnight and the parties shall alternate Saturday overnights with Father having the first Saturday overnight on October 16, 2010. The exchange time shall be 4:30 at the Target in Carlisle, Pennsylvania. 3. Block A and Block B of the Christmas schedule shall alternate with Father having Block A in even numbered years and Block B in odd numbered years and Mother having Block A in odd numbered years and Block B in even numbered years. 4. The times on Easter and Thanksgiving shall alternate from year to year with Mother having the earlier time for Thanksgiving in even numbered years and the earlier time for Easter in odd numbered years. 5. The parties shall give the other one notice of medical appointments at least five days in advance unless it is an emergency in which case the custodial parent shall give the other parent as much notice as reasonably possible. The parties shall exchange prescribed medications for the child. 6. The child shall attend school where Mother lives unless the parties agree otherwise or further Order of Court. 7. This Order is entered pursuant 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. OCT I 1 2010 BY THE CO , Edward E. Guido, J. cc:- M F. Bayley, Esquire, Counsel for Father -Kara W. Haggerty, Esquire, Counsel for Mother Cez rn.-uLECU lO / l 3 rlC? BROOKE CLIFFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2009-4390 CIVIL ACTION - LAW JOSHUA TOLAN, Defendant : 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Laila Clifford April 30, 2009 Mother 2. A Conciliation Conference was held in this matter on October 7, 2010, with the following individuals in attendance: The Father, Brooke Clifford, with his counsel, Mark F. Bayley, Esquire and Mother, Brooke Clifford, with her counsel, Kara W. Haggerty, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido, dated July 2, 2009 providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends and every Monday and Wednesday overnight. 4. The parties agreed to an Order in the form as attached. 10-7-/v Ivt Date acq ine M. Verney, Esquire Custody Conciliator ILED-OFF IC~ BAYLEY & MANGAN C TIE R9, TI10N r+'? Mark F. Bayley, Esquire Attorney I.D. #: 87663 2^ I I j ! F _ 3 FM 2; r 17 West South Street Carlisle, PA 17013 ?TABE tiL AND CC° 4 '? (717) 241-2446 E Y LVt x` BROOKE CLIFFORD : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSHUA TOLAN : NO. 09-4390 CIVIL TERM Defendant. : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Joshua Tolan, by and through his attorney, Mark F. Bayley, and in support of the within petition avers as follows: 1. Joshua Tolan, Petitioner, (hereinafter referred to as "Father"), is the Defendant in the above caption-matter, and is an adult currently residing at 101 Northwood Dr., Harrisburg, PA 17109. 2. Brooke Clifford, Respondent, (hereinafter referred to as "Mother"), is the Plaintiff in the above-captioned matter, and is an adult individual residing at 45 Pinedale Rd., Carlisle, PA 17013. 3. The parties are the natural parents of: Laila Clifford (born April 30, 2009) ???s?olu 4. A prior order was entered on July 2, 2009, and October 13, 2010 by the Honorable Edward E. Guido (copies are attached as Exhibit "A" and "B" respectively). A change of circumstances has since occurred. 6. Father is requesting that the current order be modified as agreed upon by the parties or otherwise determined by the court to be in the best interests of the child. WHEREFORE, Petitioner requests this Honorable Court to schedule a custody conciliation conference. Respectfully submitted, BAYLEY & MANGAN I Date. Mark F. Bayley, Esq ' e 17 West South Street Carlisle, PA. 17013 (717) 241-2446 Supreme Court ID # 87663 BROOKE CLIFFORD Plaintiff, V. JOSHUA TOLAN Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09-4390 CIVIL TERM IN CUSTODY ATTORNEY VERIFICATION Mark F. Bayley, Esquire, 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 that this statement is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, E ire 1 JUL o i 2ooo, BROOKE CLIFFORD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. JOSHUA TOLAN, Defendant NO. .0q µ.3q0 CAVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT 41 AND NOW this _ day of Plo?? 2009, the attached Custody Stipulation and Agreement is hereby made an Order of Court I Z a W. Haggerty, Esquire, For the R2int ff oshua Tolan, Pm Se Dtfendant 393 Crossroad School Road Newville, PA 17241 (SC f7th LLS4 7 ?.vy ??q I X6 b.+ A AOM & ITULAKIS Kara W. 1-12nerty, Esquire Atrome}' J.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 BROOKE CLIFFORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO.UR- A1340 CIVIL TERM JOSHUA TOLAN, CIVIL ACTION - LAW Defendant IN CUSTODY THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between BROOKE CLIFFORD, (hereinafter referred to as "Mother's and JOSHUA TOL",, (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of one child, namely LAILA CLIFFORD, born April 30, 2009, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 2 1. LEGAL CUSTODY: a. The Father and the Mother shall have shared legal custody of the Child. 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 their health, education and religion. Pursuant to the terms of 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. 2. PHYSICAL CUSTODY: a. Mother shall enjoy primary physical custody of the Child. b. Father shall exercise partial physical custody of the Child as follows: i. On alternating weekends from Friday at 5:00 p.m. until Sunday at 8:00 p.m., with Father's weekends beginning on Friday, July 10, 2009. 3 u. Every Monday and Wednesday evening from 5:00 p.m. until 9:00 p.m. iii. Once the child reaches six (6) months of age, Father shall exercise custody on Mondays and Wednesdays from 5:00 p.m. until the next morning at 8:00 a.m. C. The parties shall exchange custody at the Bloserville Deli. 3. HOLIDAYS: a. The parties agree to the following holiday schedule. i. Christmas: Custody during the Christmas holiday shall be exercised such that Mother shall exercise custody from Noon on December 24 until Noon on December 25 and Father shall exercise custody from Noon on December 25 until Noon on December 26. ii. Thanksgiving: Father shall have custody of the child on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. Mother exercise custody from 3:00 p.m. until 9:00 p.m. iii. Easter: Mother shall be entitled to custody of the child on Easter in even- numbered years from 9:00 a.m. until 3:00 p.m. and Father shall be entitled to custody from 3:00 p.m. until 9:00 p.m. The schedule shall alternate in all odd- numbered years. iv. Mother's Day and Father's Day: Mother shall be entitled to exercise custody of the child on Mother's Day from 8:00 a.m. until 8:00 p.m. Father shall be entitled to exercise custody of the child on Father's Day from 8:00 a.m. until 8:00 p.m. v. The parties shall alternate the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, and Halloween (trick-or-treat night). Mother shall enjoy the Fourth of July in 2009 and the holidays shall alternate thereafter. b. The holiday schedule takes precedence over the routine custody schedule. 4 4. The parents shall permit and support the Child's access to all family- relationships. Both parties shall accommodate special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc., with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Child that may interfere with regular visitation. 5. The parents shall organize ways for their Child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that toys, clothes, etc. not become matters of contention. Major gifts should be discussed and coordinated between the parents. 6. NO CONFLICT ZONE: a. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no- conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child are sleeping or awake. 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 the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 5 7. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland Counts- does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for at least the past six (G) months in Cumberland County, Pennsylvania. s. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 9. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: DA E BROOKE CLI F RD 'W DATOC SHUA TO 6 3 OCT 1. 12010 BROOKE CLIFFORD, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2009-4390 CIVIL ACTION - LAW JOSHUA TOLAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 0 200& upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 2, 2009 shall remain in full force and effect with the following modifications. 2. The parties shall share physical custody of the child on a 4/3/3/4 alternating schedule, such that Father shall have every Wednesday, Thursday and Friday overnight; Mother shall have every Sunday, Monday and Tuesday overnight and the parties shall alternate Saturday overnights with Father having the first Saturday overnight on October 16, 2010. The exchange time shall be 4:30 at the Target in Carlisle, Pennsylvania. 3. Block A and Block B of the Christmas schedule shall alternate with Father having Block A in even numbered years and Block B in odd numbered years and Mother having Block A in odd numbered years and Block B in even numbered years. 4. The times on Easter and Thanksgiving shall alternate from year to year with Mother having the earlier time for Thanksgiving in even numbered years and the earlier time for Easter in odd numbered years. 5. The parties shall give the other one notice of medical appointments at least five days in advance unless it is an emergency in which case the custodial parent shall give the other parent as much notice as reasonably possible. The parties shall exchange prescribed medications for the child. 6. The child shall attend school where Mother lives unless the parties agree otherwise or further Order of Court. 7. This Order is entered pursuant 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. Lxk1b + °pr ?' Zulu BY THE CO , Edward E. Guido, J. cc: Mark F. Bayley, Esquire, Counsel for Father Kara W. Haggerty, Esquire, Counsel for Mother TRUE COPY FROM RECORD In Testimony Who, i` hir11n?p`88t my hand and =Of aid at Carkla, Pa. This 20 Protho BROOKE CLIFFORD, Plaintiff V. JOSHUA TOLAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2009-4390 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 April 30, 2009 Mother Laila Clifford 2. A Conciliation Conference was held in this matter on October 7, 2010, with the following individuals in attendance: The Father, Brooke Clifford, with his counsel, Mark F. Bayley, Esquire and Mother, Brooke Clifford, with her counsel, Kara W. Haggerty, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido, dated July 2, 2009 providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends and every Monday and Wednesday overnight. 4. The parties agreed to an Order in the form as attached. to- ? -/a - Date acq ine M?emey, Esquire Custody Conciliator BROOKE CLIFFORD : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION •- LAW JOSHUA TOLAN : NO. 09-4390 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 foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Kara W. Haggerty, Esquire 2 West High Street Carle, PA 7013 Mark F. Bayley, Esquire Dated. BROOKE CLIFFORD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. rnco 2009-4390 CIVIL ACTION LAW C- - } ?* ??n JOSHUA TOLAN cs? , IN CUSTODY DEFENDANT ??`t ORDER OF COURT r rv AND NOW, Wednesday, Janua ry 05, 2011 , 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 _ Monday, January 31, 2011 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. VemeEs -, 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 d?4 Telephone (717) 249-3166 BROOKE CLIFFORD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2009-4390 CIVIL ACTION - LAW ' C= r JOSHUA TOLAN, - = --? Defendant : IN CUSTODY =rn rn M `- v, r- r - -v a ORDER OF COURT AND NOW, this 4910day of lzXf-44,01al , 2011, upon` consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated July 2, 2009 and October 13, 2010 are hereby vacated and replaced with the following. 2. The Father, Joshua Tolan and the Mother, Brooke Clifford, shall have shared legal custody of Laila Clifford, born April 30, 2009. 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. The child shall attend a school that is mutually agreed to by the parties. 3. The parties shall share physical custody of the child on a 4/3/3/4 alternating schedule, such that Father shall have every Wednesday, Thursday and Friday overnight; Mother shall have every Sunday, Monday and Tuesday overnight and the parties shall alternate Saturday overnights. The exchange time and place shall be 5:00 p.m. at the Target in Carlisle, Pennsylvania. Father shall be present for custodial exchanges whenever possible. 4. HolidaysNacations shall take precedence over the regular custodial schedule as follows: A. Christmas shall be divided into two Blocks and alternated from year to year. . Block A shall be from 12:00 noon Christmas Eve to 12:00 noon Christmas Day and Block B shall be from 12:00 noon Christmas Day to 12:00 noon December 26. Father shall have physical custody of the child for Block A in even numbered years and Block B in odd numbered years. Mother shall have physical custody of the child for Block A in odd numbered years and Block B in even years. B. Thanksgiving shall be alternated from year to year from 8:00 a.m. to 8:00 p.m. Mother shall have physical custody of the child in odd numbered years and Father shall have physical custody of the child in even numbered years. C. Easter shall be shared and alternated from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. Mother shall have the earlier time in even numbered years and the later time in odd numbered years. Father shall have the earlier time in odd numbered years and the later time in even numbered years. D. Mother shall have physical custody of the child on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have physical custody of the child on Father's Day from 8:00 a.m. to 8:00 p.m. E. The following holidays shall be alternated at times as indicated: New Year's Eve at 12:00 noon to New Year's Day at 12:00 noon; Memorial Day from 8:00 a.m. to 8:00 p.m.; Fourth of July from 8:00 a.m. to 8:00 p.m.; Labor Day from 8:00 a.m. to 8:00 p.m.; Halloween (trick or treat night) from 4:00 p.m. to 9:00 p.m. F. The parties shall each be entitled to two uninterrupted non-consecutive weeks (seven days) during the year from Saturday to Saturday, provided they give the other party 30-days prior notice. 5. The parties shall give the other one notice of medical appointments at least five days in advance unless it is an emergency in which case the custodial parent shall give the other parent as much notice as reasonably possible. The parties shall exchange prescribed medications for the child. 6. The parents shall permit and support the child's access to all family relationships. Both parties shall accommodate special family events such as weddings, family reunions, family gatherings, funerals, graduation, etc., with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the child that may interfere with regular visitation. 7. The parents shall organize ways for their child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that toys, clothes, etc. not become matters of contention. Major gifts should be discussed and coordinated between the parents. 8. Neither parent may attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child whether the child is sleeping or awake. 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 the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent shall refrain from encouraging the child to provide reports about the other parent. Communication should always take place directly between parents, without using the child as an intermediary. Each parent shall encourage their child to send appropriate holiday cards to the other parent. 9. If determined to be covered by insurance, the parties shall cooperate with therapeutic family counseling. They shall share equally any co-pay. 10. This Order is entered pursuant an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE,R°I; Edward E. Guido, J. c? Mark F. Bayley, Esquire, Counsel for Father M i ld Kara W. Haggerty, Esquire, Counsel for Mother copy a?9?o? 11 G BROOKE CLIFFORD, Plaintiff V. JOSHUA TOLAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2009-4390 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 Laila Clifford DATE OF BIRTH CURRENTLY IN CUSTODY OF April 30, 2009 shared 2. A Conciliation Conference was held in this matter on February 7, 2011, with the following individuals in attendance: The Father, Joshua Tolan, by telephone, with his counsel, Mark F. Bayley, Esquire and Mother, Brooke Clifford, with her counsel, Kara W. Haggerty, Esquire. 3. Prior Orders of Court were entered by the Honorable Edward E. Guido, dated July 2, 2009 and October 13, 2010 providing for shared legal custody and shared physical custody on a 4/3/3/4 schedule. 4. The parties agreed to an Order in the form as attached. Date Jac line M. Verney, Esquire Custody Conciliator