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HomeMy WebLinkAbout09-5560NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JOSEPH M. JOHN, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA R. PROVINS, Defendant : CIVIL ACTION - LAW :NO. 2009 - D CIVIL TERM : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Plaintiff, Joseph M. John, by his attorney, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1.) Plaintiff is Joseph M. John, (hereinafter "Father"), an adult individual residing at 10 Melrose Avenue, Catonsville, Baltimore County, Maryland 21228. 2.) Defendant is Christina R. Provins, (hereinafter "Mother'), an adult individual residing at 12 Mt. Rock Road, Newville, Cumberland County, Pennsylvania 17241. 3.) Plaintiff seeks an order establishing custody of the following child: Name Sophia D. Provins Present Residence 12 Mt. Rock Road Newville, PA 17241 4.) Plaintiff and defendant are the natural parents of the child. 5.) The child was born out of wedlock. Se Less than 1 year DOB 5/02/09 6.) The child is presently in the custody of Defendant and has resided with Defendant since her birth. 7.) The parties have never been married. 8.) The mother of the child is currently single. 9.) The father of the child is currently single. 10.) Father has had limited visits, supervised by Mother, since the child's birth. 11.) Father is seeking periods of unsupervised visitation with the child, ultimately to include overnight visits. 12.) 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 another court. 13.) Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 14.) Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15.) The best interest and permanent welfare of the child will be served by granting the relief requested herein so that there are no unmet expectations and that the father is afforded the opportunity to develop a meaningful relationship with the child. 16.) Plaintiff has paid support for the care and maintenance of the child since the child's birth. 17.) Plaintiff maintains a stable household and environment within which to exercise periods of partial physical custody of the child. 18.) Plaintiff is gainfully employed and has sufficient means to care of the welfare of the child. 19.) Plaintiff believes and therefore avers that the best interests of the child would be served by the issuance of an Order of Court granting Mother primary physical custody of the child and granting Father periods of visitation until it is appropriate to expand to overnight periods of partial physical custody with the child and confirming shared legal custody of the child. WHEREFORE, for the reasons set forth herein, plaintiff, Joseph M. John, respectfully requests that the Court enter an order concerning custody as aforesaid, along with any additional relief that the Court deems appropriate and just. Respectfully s A* A,--7 k' 2009 C. WOLF, ESQUIRE A ey for Plaintiff 0 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. G?v9vsf `/(, 2009 Joseph ohn NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JOSEPH M. JOHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHRISTINA R. PROVINS : NO. 2009 - CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, have served a true and correct copy of Complaint for Custody upon the following person and in the matter indicated: SERVICE BY U.S MAIL: Christina R. Provins 12 Mt. Rock Road Newville, PA 17241 WOLF & August -;V,, 2009 By: ESQUIRE Atto fo laintiff 10 Wrnt h Street C s Pennsylvania 17013 Court I.D. No. 87380 THE 290 "U'?a fJ ff f: 5 cU Ty. 41(os so PIS A-l'f ox-*assYf 0 aagmq JOSEPH M. JOHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2009-5560 CIVIL ACT10N LAW CHRISTINA R. PROVINS 1N CUSTODY DF,FF,NI)ANT ORDER OF COURT AND NOW, Wednesday, August 12, 2009 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 18, 2009 at 2:30 PM for aPre-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: __Is! ohn . Ma gan~~ 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 TH1S 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 WNERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~E`~f~ , ~l'a, ~ r ; ; :, ~' s ~"' f'~`} x; . ~ ~ ~ ;,_ J SEP 14 2009G~ JOSEPH M. JOHN, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-5560 CIVIL ACTION LAW CHRISTINA R. PROVINS, IN CUSTODY Defendant ORDER OF COURT AND NOW this ~~S ~ day of September 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Joseph M. John, and the Mother, Christina R. Provins, shall have shared legal custody of Sophia D. Provins, born 05/02/2009. The parties shall have an equal right 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custodv: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 09/12/2009, on four (4) consecutive Saturdays, Father shall have physical custody of Sophia from 2:00 pm until 6:00 pm on Saturday. Absent mutual agreement otherwise, the parties shall meet at the Cracker Barrel in Carlisle at the designated times. b. Commencing 10/10/09, on four (4) consecutive weekends, Father shall have physical custody of Sophia from 2:00 pm until 6:00 pm on Saturday and from 9:00 am until 1:00 pm on Sunday. Absent mutual agreement otherwise, the parties shall meet at the Cracker Barrel in Carlisle at the designated times on Saturday and the parties shall meet at the Sheetz convenience store off the Plainfield exit on Sunday at the designated times. c. Absent mutual agreement or further Order of Court, it is specifically understood and directed that Father's physical custodial periods shall occur in the Carlisle, PA vicinity and Mother shall have contact information for Father. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. Holidays: The parents shall establish a holiday schedule at the scheduled conciliation conference (November 4, 2009) absent mutual agreement otherwise. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. A status conference with the assigned conciliator is hereby scheduled for November 4, 2009 at 1:30 pm at the Court of Common Pleas, Carlisle, PA 17013. It is understood that Father may appear telephonically. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. stribution: ndsay Dare Baird, Esq. ~athan Wolf, Esq. hn J. Mangan, Esq. CoP« .~,~~~. g/i~~~ JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v No. 09-5560 CIVIL ACTION LAW CHRISTINA R. PROVINS, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Sophia D. Provins 05/02/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 11, 2009 with the following individuals in attendance: The Mother, Christina R. Provins, with her counsel, Lindsay Dare Baird, Esq. The Father, Joseph M. John, with his counsel, Nathan Wolf, Esq. 3. The parties agreed to the entry of an Order in the form as attached. ~~ 3 Date John J. an, Esquire Custo y C nciliator ~?~ Tie F"t': ~- R ~`''~~~ ~~,~Y 2~G9 S~~' 6 ~ n 1 I ~ 23 CU,~ ~~ai~i-~~ }~CI',JI',JY Y 1iia,''~i'j: ?I OFF I CL pROTHONOTA' Owens Barcavage & McInroy, LLC 201, Fa ` 11: 53 Stephen J. Barcavage, Esquire Attorney I.D: 78867 CUMBERLAND COUNTY 2595 Interstate Drive, Suite 101 PENNSYLVANIA Harrisburg, PA 17110 (717) 909-2500 Attorney for Joseph M. John IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOSEPH M. JOHN, Plaintiff NO. 09-5560 V. CIVIL ACTION - LAW CHRISTINA R. PROVINS, Defendants IN CUSTODY ENTRY AND WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Nathan C. Wolf, Esquire as counsel with the law firm of Wolfe & Wolf and any other attorney with the law firm of Wolf & Wolf on behalf of Plaintiff, Joseph M. John, with respect to the above-referenced matter. Please enter the appearance of Stephen J. Barcavage, Esquire and the law firm of Owens Barcavage and McInroy, LLC. as counsel of record for Plaintiff, Joseph M. John in the above-captioned matter. OWENS BARCAVAGE AND MCINROY, LLC. DATE: DATE: CERTIFICATE OF SERVICE I, Kara Straub, an employee of Owens Barcavage & Mclnroy, LLC, do hereby certify that on this day of February, 2011, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Nathan C. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 , Y4 Kara Straub JOSEPH M. JOHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-5560 CIVIL ACTION LAVI?, CHRISTINA R. PROVINS, ?3 IN CUSTODY rnCo Defendant rn Z - 25W Cot N C Prior Judge: J. Wesley Oler, Jr., J. . aC?o ORDER OF COURT% D ,' AND AND NOW this Z (S y, c day of March 2011 u on consideration of the attache2i C ** - , p Conciliation Report, it is Ordered a nd Directed as follows: 1. All prior Orders entered in this matter are hereby VACATED and replaced with the instant Order. 2. Legal Custody: The Father, Joseph M. John, and the Mother, Christina R. Provins, shall have shared legal custody of Sophia D. Provins, born 05/02/2009. The parties shall have an equal right 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 04/30/2010, Father shall have physical custody of Sophia on alternating weekends from Friday 8:00 pm until Sunday 8:00 pm. Mother shall transport Sophia to Timonium, MD (Target) on Friday and Father shall transport Sophia to the Panera's in Carlisle on Sunday at the designated times. b. Summertime 2011: Father shall have custody of Sophia one week in June, two weeks in July and two weeks in August. The parties have agreed to the following dates: 6/17/11-6/24/11, 7/1/11-7/15/11 and 7/29/11-8/12/11. C. In subsequent summers, Father shall be entitled to weeks' of custody in each of the months of June, July and August. The parties shall agree on the exact dates by April 01 of each year. d. Father shall have physical custody of the Child at such other times as the parties may mutually agree. In the event the Child is ill and can/should not travel to Maryland, the parties shall make arrangements for make-up time as requested. 3. Holidays: The parties shall mutually agree on arranging the holidays; in the absence of agreement, the parties shall adhere to the holiday schedule as attached. Also in the absence of agreement, the parties shall meet in Carlisle to begin Father's period and then meet in MD at the end of the period. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. Vacation: Each parent shall have nine consecutive days of vacation with the Child per year from Friday 7 pm until Sunday 7 pm. The requesting parent shall notify the other parent by April 1St of the requested period. This vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. If the requested vacation comprises two consecutive weekends, the non-vacationing parent shall offer a make-up weekend to the other. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Distribution: V Stephen Barcavage, Esq. t A Gd- '? Susan Candiello, Esq. C* I f 1a' John J. Mangan, Esq. - 3 a 3' ? By the Court, / HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter From Wednesday 6 pm until Monday Father Mother 6 m Memorial Day From Friday 7 pm until Monday 7 Mother Father m Independence Day From 07/03 7 pm until 07/06 7 pm Father Mother Holiday Labor Day Holiday From Friday 7 pm until Monday 7 Mother Father m Halloween Asagreed Thanksgiving 1St From 7 pm Wednesday until Friday 7 Mother Father Half pm Thanksgiving 2° From 7 pm Friday until Sunday 7 pm Father Mother half Christmas Even From 7 pm 12/27 to 7 pm 01/01 Father years Christmas Odd From 7 pm 12/23 until 7 pm 12/28 Father Years Mother's Day From Thursday 7 pm until Sunday 7 Mother Mother pm or to Monday if a three day weekend. Father's Day From Thursday 7 pm until Sunday 7 Father Father pm or to Monday if a three day weekend. JOSEPH M. JOHN, Plaintiff V. CHRISTINA R. PROVINS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5560 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Sophia D. Provins 05/02/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on September 11, 2009, an Order issued September 15, 2009, a conference was held November 04, 2009, an Order issued December 6, 2009, a conference was held February 09, 2010, an Order issued March 20, 2010 and a conference was held February 15, 2011 with the following individuals in attendance: The Mother, Christina R. Provins, with her counsel, Susan Candiello, Esq. The Father, Joseph M. John, with his counsel, Stephen Barcavage, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date t . M an, Esquire dy C nciliator Stephen J. Bazcavage, Esquire Attorney I.D. #78867 Owens Bazcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 Telephone: 717-909-2500 Fax: 717-909-2504 Email: s'b~ arcavag~centralpaattorneys.com _~_... ~iL~tl-GFrI~C~ ~a~ ~~~~ ~~~;~rHa,~o~~~,. i!3~2 ~G'i, 2Q P~ ~: ~2 ~`t~~•iEr~(, ~~p COUNTY r`'E~'RtSY~YAT~t~'~ JOSEPH M. JOHN, Plaintiff/Petitioner v. CHRISTINA R. PROVINS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAr N0.09-5560 CIVIL ACTION -CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, Joseph M. John, by and through his counsel, Bazcavage & McInroy, and hereby files the following Petition to Modify Custody: 1 Petitioner is Joseph M. John an adult individual who currently resides at ~ 10 Lacosta Circle, Apt #102, Westminster, Maryland. 2. Respondent is Christina R. Provins an adult individual who currently resides at South Allwood Drive, Hanover Pennsylvania. 3. Petitioner and Respondent are not married and are the natural pazents of Provins, born May 2, 2009. 4. An Order of Court was issued on Mazch 21, 2011, granting primary custody of the minor child to Respondent. The Court Order also granted the parties shared custody of the minor child. (See copy of Order marked Exhibit "A", attached hereto and part hereof). 15 D. 345 µa~95~ 5. Petitioner has recently moved from 8608 Garnet Rock Gate, Laurel, MD 510 Lacosta Cir, Apt #102, Westminster, MD 21158. 6. The best interests and welfare of Sophia D. Provins, require that Respondent's rights of full physical custody be reduced. 7. Petitioner has proven a strong and positive fatherly figure in minor child's life is fully committed to raising an educated, productive and self-sufficient daughter. Petitioner never missed a visitation opportunity with minor child and has always made every support payment on time or early. 8. Petitioner has a large extended family including six (6) siblings and thirteen (1 nieces and nephews that have bonded with minor child and enriched her life. Petitioner and extended family offers a high level of education as well as successful female & male role models. 9. Petitioner has already engaged minor child in a wide range of educational, and other age appropriate activities and programs to enhance her growth and potential. and family are fully committed to teaching minor child her self-worth and that she does not to rely on others in the future for financial support. 10 Allowing Petitioner to have primary physical custody of the minor child would further all of these positive influences to help her develop into a happy, healthy and producti member of society. 11. Allowing Petitioner to have primary physical custody of the minor child with Respondent having periods of custody every other weekend will provide the necessary stabili to to the minor child. 12. Petitioner does not have any information of any custody proceeding said minor children in any court in Pennsylvania or any other state, other than the heretofore referenced proceedings entered to the within term and number. 13. Petitioner has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor children in Pennsylvania or any other State, than the heretofore referenced proceedings entered to the within term and number. 14. Petitioner does not know of any person not a party to these proceedings who physical custody of the said minor children or who claims to have custody or visitation rights with respect to them. WHEREFORE, Petitioner, Joseph M. John, respectfully prays that Honorable Court order that physical and legal custody of the minor child, Sophia D. Provins, placed with Petitioner. By e .Bazcavage, Esquire Att ey ID #78867 Owens Bazcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Hazrisburg, PA 17110 (717)909-2500 Attorney for Petitioner, Joseph M. John be EXHIBIT A JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS C Plaintiff CUMBERLAND COUNTY, PENNSYLV. v. No. 09-5560 CNIL LAW CHRISTINA R. PROVINS, IN CUSTODY D ~ ~ J U Defendant MqR 3 D ZO11 Prior Judge: J. Wesley Oler, Jr., J. ~ ORDER OF COURT AND NOW this ais} day of Mazch 2011, upon consideration of the attached Cu Conciliation Report, it is Ordered and Dvected as follows: All prior Orders entered in this matter aze hereby VACATED and replaced with the Order. 2. Legal Custody: The Father, Joseph M. John, and the Mother, Christina R. Provins, sh 1 have shared legal custody of Sophia D. Provins, born 05/02/2009. The parties shall h e an equal right to make all major non-emergency decisions affecting the Child's general Il- being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.GS. §5309, each pazent 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 of the other parent. To the extent one parent has possession of any such records or information, th t pazent shall be required to share the same, or copies thereof, with the other parent wit 'n such reasonable time as to make the records and information of reasonable use to the ther parent. 3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. Commencing 04130/2010, Father shall have physical custody of Sophia on alternating weekends from Friday 8:00 pm until Sunday 8:00 pm. Mother hall transport Sophia to Timonium, MD (Target) on Friday and Father shall spot Sophia to the Panera's in Carlisle on Sunday at the designated times. b. Summertime 2011: Father shall have custody of Sophia one week in June, two weeks in July and two weeks in August. The parties have agreed to the following dates: 6/17/11-6/24/11, 7/1/11-7/15/11 and 7/29/11-8/12/11. c. In subsequent summers, Father shall be entitled to weeks' of custody in ea h of the months of June, July and August. The parties shall agree on the exact ates by Apri101 of each .year. d. Father shall have physical custody of the Child at such other times as the p 'e: may mutually agree. In the event the Child is ill and can/should not travel t Maryland, the parties shall make arrangements for make-up time as reques ed. Holidays: The parties shall mutually agree on arranging the holidays; in the absence of agreement, the parties shall adhere to the holiday schedule as attached. Also in the absen a of agreement, the parties shall meet in Carlisle to begin Father's period and then meet in at the end of the period. 4. Neither party may say or do anything nor permit a third party to do or say anything that m y estrange the Child from the other party, or injure the opinion of the Child as to the other p or may hamper the free and natural development of the Child's love or affection for the of e party. To the extent possible, both parties shall not allow third parties to disparage the o e~ pazcnt in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 6. Vacation: Each parent shall have nine consecutive days of vacation with the Child per ye from Friday 7 pm until Sunday 7 pm. The requesting parent shall notify the other parent b April 1 ~` of the requested period. This vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties ill provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may ex an this vacation time by mutual agreement. If the requested vacation comprises two consecu ve weekends, the non-vacationing parent shall offer amake-up weekend to the other. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may m ify the provisions of this Order by mutual consent. In the absence of mutual consent, the t of this Order shall control. By the Court, ~sJ ~ . ~~~ J. Distribution: Stephen Barcavage, Esq. Susan Candiello, Esq. John J. Mangan, Esq. ~~ ~ FROM RE M ~Mnwny wh.r.w, i n«. w,b .nd r+. w srd Court at ~twn0 ~ ~olL_, ~. IiOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter From Wednesday 6 pm until Monday Father Mother 6 m Memorial Day From Friday 7 pm until Monday 7 Mother Father m Independence Day From 07/03 7 pm unti107/06 7 pm Father Mother Holida Labor Day Holiday From Friday 7 pm until Monday 7 Mother Father m Hallowecn Asa eed Thanksgiving 1 S From 7 pm Wednesday until Friday 7 Mother Father Half m Thanksgiving 2 From 7 pm Friday until Sunday 7 pm Father Mother half Christmas Even ears From 7 pm 12/27 to 7 pm O1/O1 Father Christmas Odd From 7 pm 12/23 until 7 pm 12/28 Father Yeazs Mother's Day From Thursday 7 pm until Sunday 7 Mother Mother pm or to Monday if a three day weekend. Father's Day From Thursday 7 pm until Sunday 7 Father Father pm or to Monday if a three day weekend. JOSEPH M. JOHN, Plaintiff v. CHRISTINA R. PROVINS, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV. No. 09-5560 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Sophia D. Provins 05/02/2009 Primary 2. A Conciliation Conference was held with regard to this matter on September 1 1, 2009, ai Order issued September 15, 2009, a conference was held November 04, 2009, an Order i; December 6, 2009, a conference was held February 09, 2010, an Order issued March 20, and a conference was held February 15, 2011 with the following individuals in attendanc The Mother, Christina R. Provins, with her counsel, Susan Candello, Esq. The Father, Joseph M. John, with his counsel, Stephen Barcavage, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 3/z. i --. Date ~ John M an, Esquire Custody C nciliator 10 CERTIFICATE OF SERVICE I, Jessica G. Lloyd, an employee of Owens Barcavage & McInroy, LLC, do certify that on this 17th day of August, 2012, I served a copy of the foregoing document via Class United States mail, postage prepaid as follows: Susan Kay Candiello, Esquire 4010 Glenfinnan Pl. Mechanicsburg, PA 17055 C Je s ca G. Lloyd T __ JOSEPH M. JOHN IN THE COURT OF COMMON PLEAS OF ', PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA • -s v. 2009-5560 CIVIL ACTION LAW N ,~.. ~: CHRISTINA R. PROVINS ~-~ "t~ --~ IN CUSTODY ~ DEFENDANT ~- ,•.~ n.. -^~ pp ~~~ ....* ORDER OF COURT AND NOW, Wednesday, August 22, 2012 ,upon consideration of the attached Complai t, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the co ciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 28, 2012 at 2:3 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp te; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tem orary 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/ ohn J. Mangan, Jr., Esg.~u/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Amer cans 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 arrangem is must be made at least 72 hours prior to any hearing or business before the court. You must attend the sche uled 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 t!'o~i ~s obi/P~ ~ ~ ~/iz JOSEPH M. JOHN, PLAINTIFF V. CHRISTINA R. PROVINS, DEFENDANT IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA 09-5560 CIVIL IN RE: MOTION FOR CUSTODY EVALUATION ORDER OF COURT AND NOW, this 15th day of October, 2012, upon consideration of the Defendant's Motion for Custody Evaluation, IT IS HEREBY ORDERED AND DIRECTED that a Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted. The Rule is returnable within 10 days of the date of service of this Order ? Stephen Barcavage, Esquire Attorney for Plaintiff V/Susan Kay Candiello, Esquire Attorney for Defendant bas 494; es IKa,"/PW 10jlulla RY-? c::+ c P"t ! C ,-., N n By the Court, ~~ N ~ c _°. ~~' ~3 m~ ~~ ti n --~ 1 Stephen .1. Barcavage., Esquire ~ a " ~_ ' Attorney LD. #78867 r. r c .,~•~ ' fv .~+ :~© Owens Barcavage & McInroy, LLC `'~ ca ~ `~ ' +c~ 2595 Interstate Drive. Suite 101 z ~ 7 ~? Harrisburg, PA 17110 3~~ w ~.>~£:~ Telephone: 717-909-2500 --~ • ~. Fax: 717-909-2504 ` ~'`' '~' Emai 1: ~barcava e a centralpaattonie s~ com JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-5560 CHRISTINA R. PROVINS, CIVIL ACTION -- CUSTODY Defendant/Petitioner : PLAINTIFF'S RESPONSE TO PETITION FOR CUSTODY EVALUATION AND NOW, comes Plaintiff/Respondent, Joseph M. John, by and through his counsel, Owens Barcavage & McInroy, and hereby files the following Response to Petition. for Custody F.,valuation as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Father has filed a Petition for primary legal and physical ~:;ustody of the minor child. 5. Denied. Mother was the aggressor and possesses a very violent temper. Father is concerned with the well being of Sophia due to mother's violent temper. 6. Denied. Father enrolled Sophia in two (2;1 summer camps in the Hov~ard Country, Maryland Parks and Recreation System. Both camps were designed to accommodate children Sophia's age. Sophia enjoyed these camps very much and learned about music and good sportsmar-ship. Mother was notified well in advance of these camp enrollments and she indicated her sl.-pport for these enrollments with no objections. 7. Denied. Father has had two (2) consecutive summers with fifty (:SU°%) percent custody with very positive results for both Sophia and Father. Both Sophi~:~ and Father thoroughly enjoyed this time together, participated in a wide range of educational & leisure activities and share a strong bond. with one another. Father feels that he offers much more emotional stability than her Mother. 8. Denied. Father has access to an award winning day care in his neighborhood called "Little People's Place". This past summer Sophia attended one week at this location and thoroughly loved it. 1 ather personally saw her positive reactions with counselors and the head of the school. Sophia would benefit from having shared daycare at this top-notch school/day care. Additionally, Father only witnesses anxiousness and withdrawal with. Sophia when in the process of returning her to he,r mother. 9. Admitted in part; denied in part. It is admitted that Mother identified Dr. JoAnn MacGregor as an evaluator in the Adams County area. It is denied that Dr. MacGregor is qualified to perform a custody evaluation in this case. By way of further response, Father does not agree with Dr. JaAnn MacGregor conducting the custody evaluation. Father agrees that a custody evaluation is a good idea and is willing to share the cost provided he anal his attorney have a sav in the evaluator selection process. WHEREFORE, Respondent, Joseph M. John, respectfully prays that your Honorable Court deny Petitioner's Motion to have a custody evaluation performed in this case by Dr..1oAnn MacGregor. NEW MATTER 10. Respondent, Joseph M. John, hereby incorporates by reference his ansv~ers to paragraphs 1 - 9 as if fully set forth herein. 1 I . Respondent has agreed to contribute toward the cost of a mutually agreed upon custody evaluator. 12. Couns;el for Respondent contacted counsel for Petitioner and informed her of Respondent's position regarding retaining a mutually agreed upon custody evaluator with the expenses shared by the Parties. 13. Counsel for Petitioner concurs with this request. WHEREFORE, Respondent, Joseph M. John, respectfully prays that your Honorable Court Order that any custody evaluator shall be jointly retained by the Parties with all expenses shared equally between the Parties. By _ Stephen J. B cavage, Esquire Attorney'I"b #78867 Owens Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg., PA 17110 (717)909-2500 CERTIFICATE OF SERVICE I, Jessica G. Lloyd, an employee of Owens Barcavage & McInroy, LLC. do hereby certify Chat on this 25`~ day of October 2012, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Susan Kay Candiello 4010 Glenfinnan P1. Mechanicsburg, PA 1705 5 f i~ Jes c G. Lloyd -' ~. i_, Date: January 24, 2013 Stephen J. Barcavage, Esquire Attorney I.D. #78867 Owens Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 Telephone: 717-909-2500 Fax: 717-909-2504 Email: sibarcavagencentralpaattorneys.com 71Jii„ 1 f }??? 1 Zf; 9 AN 2$ A-pj 11:1 ? E?NsYLVA-81Ar47 JOSEPH M. JOHN, Plaintiff/Petitioner V. CHRISTINA. R. PROVINS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5560 : CIVIL ACTION - CUSTODY MOTION FOR CUSTODY EVALUATION AND NOW, comes Petitioner, JOSEPH M. JOHN, by and through his counsel, Owens Barcavage & McInroy, and hereby files the following Motion for Custody Evaluation: 1. The Plaintiff/Petitioner is JOSEPH M. JOHN an adult individual, ("Father"), who currently resides at 510 Lacosta Circle, Apt. 102, Westminster, Maryland. 2. The Defendant/Respondent is CHRISTINA R. PROVINS, an adult individual, ("Mother"), who currently resides at 15 South Allwood Drive, Hanover, Pennsylvania. 3. Petitioner and Respondent are not married and are the natural parents of SOPHIA D. PROWNS, born May 2, 2009. 4. Father has filed a petition for shared physical custody. 5. A custody conciliation was held on September 28, 2012, before John J. Mangan, Esquire. 6. The Parties failed to reach a custody agreement and Mother requested a custody evaluation prior to the custody hearing. 7. On October 10, 2012, Mother filed a Motion for Custody Evaluation requesting a custody evaluation and that Dr. JoAnne MacGregor be appointed as the evaluator. 8. On October 25, 2012, Father filed a Response to the Motion for Custody Evaluation agreeing with the evaluation. However, Father objected to the Mother's selection of Dr. JoAnne MacGregor. 9. On December 11, 2012, counsel for Father forwarded correspondence to counsel for Mother suggesting that either Stanley E. Schneider or Steven Linderberg be jointly retained to prepare a custody evaluation. 10. The Parties cannot agree on the selection of a custody evaluator in this case. WHEREFORE, Petitioner, JOSEPH M. JOHN, respectfully requests that tis Honorable Court Order a custody evaluation performed in the instant case and select an appropriate custody evaluator with costs to be shared By _ S het . avage, Esquire Attorney ID #78867 Owens Barcavage & McInroy, LLC 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717)909-2500 Attorney for Petitioner, Joseph M. John CERTIFICATE OF SERVICE I, Denise DeWalt-Barner, an employee of Owens Barcavage & McInroy, LLC, do hereby certify that on this 24th day of January, 2013, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Susan Kay Candiello, Esquire Counsel for Defendant/Respondent 4010 Glenfinnan Place Mechanicsburg, PA 17055 t UJ ? JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW CHRISTINA R. PROVINS, NO. 2009-5560 CIVIL TERM Defendant IN CUSTODY rnm = 3:­ -n M C'n -<> cm c)7 PRAECIPE CDC-' >r_- M TO THE PROTHONOTARY: Kindly withdraw the appearance of Susan Kay Candiello,Esquire as counsel for the Defendant in the above-captioned matter. Law Firm of Susan K. Candiello )4/ Ka Ca iel 0' Es f Date: 0'q / i Susan Kay Can iel o, Esquire 4010 Glenfi Z ace Mechanicsburg, PA 17055 717-260-3145 Kindly enter the appearance of Lindsay Gingrich Maclay, Esquire as counsel for the Defendant in the above-captioned matter. Law Offices of Peter J. Russo,P.C. Date: Ll 1, 13 Oi say n ric aclay, Es ire At� rney No.17954 AAr 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 (717)'591-1755 Igmaclay@prjlaw.com s Lindsay Gingrich Maclay,Esquire Ur THE PRO Frii3 "'t01 a,irl'. LAW OFFICES OF PETER J.Russo,P.C. Ni 5006 East Trindle Road,Suite 203 1J?3 APR 17 E: 2 9 Mechanicsburg,Pennsylvania 17050 CUMi3ERLAND CDI1,Ln lemaclay�a pirlaw.com _ I. . (16YLPANIA JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTINA R. PROVINS n/k/a NO. 2009-5560 CIVIL TERM CHRISTINA R. PROVINS-CROSSLEY, Defendant IN CUSTODY MOTION FOR CONTINUANCE AND NOW COMES, Defendant, Christina R. Provins, now known as, Christina R. Provins-Crossley (hereinafter "Mother"), by and through the undersigned counsel and moves for a continuance and in support thereof avers as follows: 1. The above-captioned matter is scheduled for a Custody Hearing on Wednesday, April 24, 2013 at 9:30 a.m. before the Honorable J. Wesley Oler, Jr. 2. The moving party for said proceeding is Joseph M. John(hereinafter "Father"). 3. Father is represented by Stephen J. Barcavage, Esquire. 4. The Hearing was scheduled by Order dated March 7, 2013. 5. The Hearing has not been previously continued. 6. The undersigned was only retained by Ms. Provins on April 10, 2013, 7. A continuance is requested to allow counsel the opportunity to determine if they can assist the parties in reaching an agreement without the need for a Hearing and to allow the undersigned to prepare for the Hearing should same be necessary 8. Plaintiff's counsel, Stephen J. Barcavage, Esquire, has been notified of this request and not only concurs with the Continuance, but also joins in this request. 9. I hereby certify that a copy of this Motion and proposed Order has been provided to Plaintiffs counsel in advance of filing same and that the Order, once entered, will be provided to Plaintiff's counsel. LAW OFFICES OF PETER J. RUSSO, PC. Date: 213 By: in say Gi ri Ma ay, Esqu Attorney I. . o. 87954 5006 E. Trindle Road Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 Attorneys for Defendant r c JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHRISTINA R. PROVINS n/k/a NO. 2009-5560 CIVIL TERM CHRISTINA R. PROVINS-CROSSLEY, Defendant IN CUSTODY ORDER AND NOW, this day of 0 , 2013, upon consideration of the attached Motion of Defendant, Christina R. Provins n/k/a Christina R. Provins-Crossley, F requesting a continuance: 49 the 1 ( the Motion is granted and the matter scheduled for Wednesday, April 24, 2013 at 9:30 a.m. before the Honorable. J. Wesley Oler, Jr., is hereby continued until 1 � N r `'' ) BY THE COURT: —CD cc Q _ _� J. esley Oler, Sr. J o Distribution: Lindsay Gingrich Maclay, Esquire, AW OFFICES OF PETER J. Russo, P.C., 5006 E. Trindle Road, Suite 203, echanicsburg,PA 17050,Attorne s for Defendant tephen J.Barcavage,Esquire,OWENS BARCAVAGE&MCINROY,LLC,2595 Interstate Drive, Suite 101,Harrisburg,PA 17110,Attorneys for Plaints J em 0 CERTIFICATE OF SERVICE I, Laurie L. Watson, Paralegal hereby certify that on this day of April, 2013, a true and correct copy of the foregoing document was sent via Confirmed Email and United States First Class Mail,postage pre-paid, addressed as follows: Stephen J. Barcavage, Esquire C Owens Barcavage McInroy, LLC 2595 Interstate Drive r-nc" Suite 101 Harrisburg, PA 17110 �!— '`> SJBarcavage @centralpaattorneys.com r�-- Counsel for Plaintiff z C) C= r"!. -.4 ,, A rie L. Watson, Paralegal Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW CHRISINA R. PROVINS n/k/a CHRISTINA R. PROVINS- CROSSLEY, Defendant NO. 09-5560 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 240' day of April, 2013, the custody hearing previously scheduled in the above-captioned matter for May 23, 2013, is rescheduled to Thursday, June 20, 2013, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, y_/Z. - J esley OW, Jr., S.J. ./tephen J. Barcavage, Esq. 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 Attorney for Plaintiff dindsay Gingrich Maclay, Esq. Law Offices of Peter J. Russo, P.C. 5006 Trindle Road �� c m Suite 203- Mechanicsburg, PA 17050 zx, r tra Attorney for Defendant N ;0 Cn 3? :rc =Czt ;z rr4. �< Cn 5 -,d JOSEPH M.JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. PROVINS a/k/a NO. 2009—5560 CIVIL TERM CHRISTINA R. PROVINS- CROSSLEY, Defendant CIVIL ACTION—LAW ORDER OF COURT AND NOW,this 25TH day of JUNE, 2013,the hearing on Thursday,June 20, 2013, having not yet been completed, an additional hearing is scheduled for MONDAY,JULY 29, 2013, at 9:30 a.m.on the 5TH Floor Courtroom, Cumberland County Courthouse, Carlisle, Pa. By the Court, Wesley Oler,Jr. J Stephen J. Barcavage, Esquire -'/Lindsay Gingrich Maclay, Esquire :sId CD JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. C= -0 CHRISTINA R. PROVINS n/k/a: M M4 M CHRISTINA R. PROVINS- CROSSLEY, CIVIL ACTION LAW C-. Defendant NO. 09-5560 CIVIL TERM r- c:) IN RE: CUSTODY CD---4 r I \3 ORDER OF COURT AND NOW, this 20th day of June, 2013, upon consideration of Plaintiff' s Petition to Modify Custody with respect to the parties ' child, Sophia D. Provins (date of birth May 2, 2009) and following an initial period of hearing, which has not yet been completed, the record should remain open and counsel are requested to contact the Court ' s secretary for purposes of scheduling an additional day of hearing. It is noted that at the time of adjournment on today' s date, Plaintiff had completed presentation of his case-in-chief and Defendant had presented the testimony of several witnesses and was being subjected to direct examination as herself as her final witness in her case-in-chief. It is additionally noted that Plaintiff' s Exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 have been identified and admitted and Defendant ' s Exhibits 1, 2, 3, 4, 5 and 6 have been identified and admitted. No other exhibits had been identified or admitted. Neither counsel has requested that the stenographer transcribe and file the notes of testimony from today' s proceedings . By the Court, J. esley er, J J. -,I�Stephen J. Barcavage, Esquire For the Plaintiff ✓Lindsay Gingrich Maclay, Esquire For the Defendant : lfh IlLg 1?4 . — L����13 T JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. PROVINS n/k/a: CHRISTINA R. PROVINS- CROSSLEY, CIVIL ACTION - LAW Defendant NO. 09-5560 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 29th day of July, 2013, upon consideration of Plaintiff ' s Petition to Modify Custody with respect to the parties ' child, Sophia D. Provins, (date of birth May 2, 2009) and following a second period of hearing which has now been completed, the record is declared closed. Pursuant to a request of Plaintiff' s counsel, counsel are afforded a period of five days from today' s date within which to submit memoranda, if they choose to, regarding the issues which they perceive to exist in this case . It is noted that at the time of the closing of the record on today' s date, Defendant ' s Exhibits 7 , 8, 9, 10, and 11 had been identified and admitted and Plaintiff ' s Exhibits 14 and 15 had been identified and admitted. No other exhibits had been identified or admitted on today' s date but other exhibits were admitted on June 20, 2013 . It is noted that as of this date neither counsel has requested that the notes of testimony be transcribed and filed with respect to either day of hearing. e By the Court, e�1 Wesle—y -O l r, r Stephen J. Barcavage, Esquire For the Plaintiff , Lindsay Gingrich Maclay, Esquire For the Defendant : ifh CD C:) C' -0 � L �+ * � t� F - vV JOSEPH M. JOHN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINA R. PROVINS, n/k/a CHRISTINA R. PROVINS-CROSSLEY, DEFENDANT 09-5560 CIVIL IN RE: PLAINTIFF'S PETITION TO MODIFY CUSTODY > ORDER OF COURT AND NOW, this 8th day of August, 2013, upon consideration of the Plaintiff's Petition To Modify Custody with respect to the parties' child, Sophia D. Provins (date of birth May 2, 2009), and following a hearing held on June 20, 2013, and July 29, 2013, IT IS HEREBY ORDERED AND DIRECTED as follows: 1. The custodial terms of the Order of Court dated October 5, 2012, shall remain in full force and effect, except as modified hereafter: a. Paragraph 4b is amended to read as follows: "During the summertime, Father shall be entitled to two weeks of custody in each of the months of June, July and August, said periods being the first two weeks of each month." b. Paragraph 5, respecting a holiday schedule, is amended as it pertains to the Christmas holiday, to provide that every year the Father shall have partial or temporary physical custody of the child from Christmas Day at 3:00 p.m. until December 30 at 3:00 p.m. 2. The parties are directed to participate in three sessions of parental counseling with a qualified professional selected by Defendant, said session to be completed within 90 days of the date of this Order, to be paid for solely by Defendant, and to address, i inter alia, the deleterious effect that a parent's indulgence in over-dramatization and behavior inconsistent with rational between-parent communication has on a young child. 3. Nothing in this Order is intended to preclude the parties from deviating from its terms by mutual agreement. By the Court, I tfll�4 g 0 J esley, 0 Jr., S. J. Stephen Barcavage, Esquire Suite 101 2595 Interstate Drive Harrisburg, PA 17110 Att rney for Plaintiff Lindsay Gingrich Maclay, Esquire 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Attorney for Defendant bas 8��1�13