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HomeMy WebLinkAbout09-6311i JOSEPH F. COLLINS, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY ENNA VS. :NO. 0 9- Civil Te? DEBRA L. COLLINS, : CIVIL ACTION - LAW Defendant : IN CUSTODY I NOTICE TO DEFEND AND CLAIM RIGHTS II ',I YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims] set forth in the following pages, you must take action within twenty (20) days after this Com amt and Notice are served, by entering a written appearance personally or by attorney and I fling in writing with the Court your defenses or objections to the claims set forth against y ou. You are warned that if you fail to do so the case may proceed without you and a judgm nt may be entered against you by the Court without further notice for any money claimed inl, the Complaint or for any other claim or relief requested by the Plaintiff. You may tole money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOSEPH F. COLLINS, : IN THE COURT OF COMMON LEAS Plaintiff : OF CUMBERLAND COUNTY, PLEAS ?I VS. : NO. Civil Teen DEBRA L. COLLINS, : CIVIL ACTION - LAW Defendant : IN CUSTODY NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse 40 las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias 4 partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencial srita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objet ones a las demandas en su contra. I Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte pued decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la dema? a o por cualquier otra queja o compensaci6n reclamadas por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTF? PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE. SI USTEP NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA Eli LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTE?ER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOSEPH F. COLLINS IN THE COURT OF COMMOILEAS Plaintiff : OF CUMBERLAND COUNTY, ENNA VS. : NO. d 9 ?3>> Civil Teri4 . I' DEBRA L. COLLINS, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR CUSTODY r AND NOW, TO WIT, this day of 2009 comes the Plaintiff, Joseph F. Collins, by and through his attorney, Jane M. Alexatder, Esquire, and files this Complaint of which the following is a statement: 1. Plaintiff is Joseph F. Collins, an adult individual residing at 880 Tr ver Drive, Lewisberry, Fairview Township, York County, Pennsylvania 17339. 2. Defendant is Debra L. Collins, an adult individual residing at 600 1wartz Street, Summerdale, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant are the natural parents of the minor children, born during their marriage: Joseph M. Collins age 16 born March 8, 1993 and Jessica 1. Collins age 14, born October 23, 1994 4. Plaintiff and Defendant were married October 15, 1988, Plaintiff filed for divorce in the Court of Common Pleas of York County, Pennsylvania to Number,?006-FC- 1019-Y02. 5. There is no prior court order for custody of these two children. Thi'parties were divorced October 31, 2006. A divorce decree was granted by Judge Maria Mostic Cook to No. 2006-FC-00 10 19-402 on October 16, 2006. The parties signed a Marriage Agreement which in paragraph 10 provided that the parties would have joint legal custody ( amd Defendant had primary physical custody with scheduled visitation for Plaintiff. See copy of Agreement marked Exhibit "A" attached hereto and made a part hereof. 6. Plaintiff seeks primary legal custody and primary physical custody of the subject children with the Defendant having scheduled periods of custody for purpose of visitation. 7. At the time of the divorce the Defendant and the children were living in New Cumberland, Pennsylvania. The Plaintiff attempted to maintain a visitation schedk le with the children but during the last year the Defendant and the children misrepresented their place of residence and the school district in which they were attending school. 8. Plaintiff has just learned that the children are not now and have notjbeen enrolled in any school for more than a year. 9. The relationship of the Plaintiff to the children is that of natural father. 10. The relationship of Defendant to the children is that of natural mother. 11. During the past three (3) years the children have resided at the foll"wing addresses: August 2006 to Approximately August 2007 With Defendant at 1751 Weatherbe4t Drive New Cumberland, Pa 17070 From August 2007 to Spring 2008 16'' Street New Cumberland For Several weeks Super 8 motel, New Cumberland From June 2008 to present With Defendant and grandparents Richard and Patricia Gilbert at 600 Swartz Street. Summerd4lp, Pa 17025 12. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 13. Plaintiff has no information of a custody proceedings concerning the children pending in any other court of this Commonwealth. 14. Plaintiff does not know of a person not a party to the proceedings whoj has physical custody of the children or claims to have custody or visitation rights with respect'tp the children. 15. The best interest and permanent welfare of the children will be best served by granting the relief requested because the Plaintiff has appropriate living space for!lhe children and would provide care and supervision and make certain they attended school. II i WHEREFORE, Plaintiff requests your Honorable Court to grant an order giving the Plaintiff primary legal custody and primary physical custody of the subject children with scheduled periods of custody for Defendant for holidays and special events. II Respectfully submitted, z. Ittorney for Plaihtiff ttorney I.D. #07355 148 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 VERIFICATION ?ill I VERIFY that the statements made in this Complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa., G.S. Section 4904 relating to unworn falsification to authorities. I!I?I DATE: -1c? ?a o1 cc Jiose h F. Collins ICI COMMONWEALTH OF PENNSYLVANIA S. S. COUNTY OF YORK Before me, the undersigned officer, a Notary Public in and for the said Commonwealth and County, Personally appeared Joseph F.Collins who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belie. (Tepr" F. Collins I? Sworn to and subscribed before me this day of 52009. 'I I Notary Public IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA JOSEPH F. COLLINS, PLAINTIFF VS. : NO.2006-FC-1019-Y02 DEBRA L. COLLINS, CIVIL ACTION - LAW DEFENDANT IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT 'I THIS AGREEMENT made this ?& +? day of G c_#z71z"- ,- , 2006, by and between Joseph F. Collins of 880 Traver Drive, Lewisberry, Fairview Township, Ybi? F_ County, Pennsylvania 17339 (hereinafter referred to as "HUSBAND") and De-ba .'--allies of 1751 Weatherburn Drive, New Cumberland, Pennsylvania 17070 (hereinafter fer&d td,. 0 r as "WIFE"). f M, I Il. WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married, on October 15, 1988 in Camp Hill, Cumberland County, Pennsylvania. HUSBAND in1tituted an action in divorce to No. 2006-FC-1019-Y02 in the Court of Common Pleas of York County, Pennsylvania on June 13, 2006. The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may Il,4eem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all ' atters relating to the divorce and to the custody and support of the children born to this rn4 riage: I Joseph M. Collins, age 13, born March 8, 1993 and Jessica N. Collins, age 11, born lOctober I 23, 1994. I Page 1 of 10 NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and a I?ee as follows: 1. The parties intend to maintain separate and permanent domiciles and to life apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The terms of this Agreement and their effect have been fully explained t p ,the HUSBAND by his counsel, Jane M. Alexander, Esquire. WIFE has been advised of, her rights to seek counsel of her own, and has not done so. The parties understand the t?cts and acknowledge and accept this Agreement as fair and equitable. 3. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine thei,rll, respective rights. The division of existing marital property is not intended by the parities to constitute in any way a sale or exchange of assets, and the division is being affected', Without the introduction of outside funds or other property not constituting a part of the marital estate. 4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable !ff r his or Page 2 of 10 I her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or II disposition of any property now owned and not specified herein or property hereaft f acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally; bound hereby. 6. DEBTS OF THE PARTIES: It is mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities exco t as hereinafter set forth: 6.1) The HUSBAND shall assume all liability for and pay and indemnify the WIFE against liability for all debts and bills in his name alone, particularly those incurred since date of filing Complaint in Divorce. A) HUSBAND shall be responsible for payment of the balance due; on the two Mastercards: GM Account NO. 525478000009 with a balance of approximately 150.00 and Household Bank Account No. 5407915010785712 with a balance of approxim4tely $1,600.00. If WIFE'S name is on either account, the account shall be closed or proof provided that her name has been removed as co-obligor. 6.2) The WIFE shall assume all liability for and pay and indemnify the Page 3 of 10 HUSBAND against liability for all debts and bills in her name alone, particularly those incurred since date of filing Complaint in Divorce. 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided 0 their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy indepgndently of any claim or right of the other party, all items of personal property of every kind', mature and description and wherever situated, which are now owned or held by or which rpiay hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND ors, the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if lie or she were not married. Specific disposition of major items or personal property is as follows: 7.1) Bank Accounts: A) Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. 7.2) Vehicles: A) HUSBAND shall retain possession, title and sole ownership of the following vehicles: 1996 Ford Explorer, one four-wheeler, and trailer. B) WIFE shall retain possession, title and sole ownership of the p following vehicle: 2002 Mustang Convertible. C) The 2000 Ford Explorer is to be sold, and the net proceeds divided equally between the parties. 7.3) Household Furnishings: The parties have divided the household Page 4 of 10 I' I' furnishings to their mutual satisfaction. A list of what each party received is marked Exhibit I "A" attached hereto and made a part hereof. 7.4) Pensions, Stock Options. Retirement Funds IRAs: A) HUSBAND has a Retirement Account No. 1573-9236 with 4ensco Private Ledger with of value as of May 31, 2006 of $9,763.29. B) National Western Life Insurance Annuity Policy No. 010105405 with a cash surrender value as of July 25, 2006 of $25,543.90. WIFE has no retirement account, 401 K or other pension plans. HUSBAND agrees to pay to the WIFE one half of each of the aboveT mentioned plans, i.e. $4,881.65 and $12,771.95, for a total of $17,653.60. These fupds shall be paid from the National Western Insurance Annuity Policy No. 0101054095 by a transfer to an IRA account opened by the WIFE with National Western Life Insurance. Upon ?ational Western being provided with a copy of this Agreement and the Decree in Divorce, National Western will forward to WIFE the necessary documents to establish her IRA account WIFE shall be responsible for payment of any expenses, taxes, or penalties charged as a result of this transfer. 8. REAL ESTATE A) The marital residence of the parties located at 880 Traver Road, Lewisberry, Fairview Township, York County, Pennsylvania, 17339 is presently occupied by HUSBAND and had been occupied by both HUSBAND and WIFE since the date of separation. WIFE removed from the residence on or about July 27, 2006 and it is a reed that Page 5 of 10 HUSBAND shall now have sole and exclusive occupancy of the property. WIFE sell no I longer have the right to visit the property unless invited by HUSBAND. HUSBAND agrees to be responsible for payment of the mortgage, Il L9an number 0010254142 to EMC Mortgage Corporation and to make the payments in a timely manner. The balance due on the loan as of June 5, 2006 was $131,490.54. WIFE agrees to execute a deed conveying all her right title and intere§t in said property to HUSBAND concurrently with execution of this agreement. Said deed tp? be held in escrow until HUSBAND refinances current mortgage or gets WIFE released as obligor on mortgage. Refinancing or WIFE's release shall be completed on or before June 1, X008. The refinancing will remove WIFE's name as responsible party on aforementioned obligation. 9. SPOUSAL SUPPORT/ALIMONY: Neither party has or will make claim forspousal support and/or ahmpny. 10. CUSTODY AND CHILD SUPPORT: The parties agree to have joint legal custody of Joseph M. Collins, age 13, born March 8. 1993, and Jessica N. Collins, age 11, born October 23, 1994. WIFE shall have primary physical custody of both children with HUSBAND having custody from 6:00 PM Friday to noon on Sunday, and every Thursday night from 6:00 PM to 11:00 PM. HUSBAND shall have custody on alternating holidays of Labor Day,' Thanksgiving, New Year's, Memorial Day, and Fourth of July from 9:00 AM to 9:00; PM. His first holiday shall be Labor Day 2006. II Page 6 of 10 i During Christmas in the even numbered years beginning in 2006, Mother shall have custody of the children from noon on December 24 until noon on Christmas Pay, and the Father shall have custody from noon on Christmas Day until 9:00 PM on December 26. In odd numbered years, the schedule shall be reversed. I' Summer vacation is defined by the Court as the first evening following the last day of school, and if Friday evening is the last day of school, then the last day of school to the Friday evening which concludes the last full week preceding the first day of school', During the summer months, the Father shall have custody of the children upon request with no reasonable request being denied. HUSBAND shall have custody on Father's Day from 9:00 AM to 9:'00 PM II and WIFE shall have custody on Mother's Day from 9:00 AM to 9:00 PM. HUSBAND agrees to pay child support in the amount of $800 per month payable as follows: $100 on each of the first four Fridays in each month, and $4001rom his bonus check each month payable within three business days of receipt of his check. 11. BANKRUPTCY: The parties hereby agree that the Y provision of the Agreement shall not be , dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a disol ?arge of any obligations assumed hereunder, the other party shall have the right to declare thO Agreement to be null and void and to terminate this Agreement in which the divisi I of the parties' marital assets and all other rights determined by this Agreement shall be subject to Page 7 of 10 court determination the same as if this Agreement has never been entered into. 12. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights, or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 13. The parties agree that simultaneously with the signing of this AgreemOit they will sign the necessary affidavits of consent and affidavits acknowledging notice qmarriage counseling in order to conclude the divorce action filed by HUSBAND under the 00-fault provisions of the Pennsylvania Divorce Act. 14. The waive or unenforceability of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered to be a waive of or forfeiture II'f right to enforce any other term, condition, clause or provision of this Agreement. 15. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 'I 16. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terms, conditions, clauses and provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seallsl the day and year first above written, intending to be legally bound. Page 8 of 10 WITNESS BY: Jane M. Alex er, Esquire Attorney For aintiff Debra L. Collins, Defendant II COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK • I' On this, the day of C.,c--?bb- , 2006, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Joseph F. Collins, know to me (or satisfactorily proven) to be the person Whose name is subscribed to the foregoing Marriage Settlement Agreement and in due forII acknowledged that he executed the same for the purpose therein contained and desi?Iod the same to be recorded as such. II WITNESS my hand and notarial seal the day and year aforesaid. My Commission Expires: aI - 7, 2-0 Notary Public COMMONWEALTH OF PENNSYLVANlk Notarial Seal Narumol Alexander, Notary Public Dillsburg Boro, York County My Commission Expires Apr. 7, 2010 Member. Pennsylvania Association of Nota eir i Page 9 of 10 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF On this, the I cOY day of 0CA' i e r , 2006, before me the undersigned officer, a Notary Public, in and for said Commonwealth and County, Personally appeared Debra L. Collins, known to me (or satisfactorily proven) to be the person Whose name is subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that she executed the same for the purpose therein contained and d0red the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. I Notary Public My Commission Expires: Page 10 of 10 I COMMONWEALTH OF PENNSYLVA N I Notarial Seal Narumol Alexander, Notary Public Dillsburg Boro, York County My Commission Expires Apr. 7, 2010 Member, Pennsylvania Association of Notadii0s ?I I I II Ir 1r?Ny r THE l i i ;.. ! L' I t. •'!.`i} 4- 1. 1 il Sri i ?LSu•.. .?1l05.50 Po A7T4 c'f 31'13 P# a.3o889 JOSEPH F. COLLINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V, 2009-6311 CIVIL ACTION LAW DEBRA L. COLLINS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 30, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 28, 2009 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Esg.___ _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 aF AVMTMv MUT -1 ` &N Ot 47 "$"Icam 7 f)009 67 JOSEPH F. COLLINS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2009-6311 CIVIL ACTION LAW DEBRA L. COLLINS Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 7"* day of ?o..?-•,A?r 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Joseph F. Collins, and the Mother, Debra L. Collins, shall have shared legal custody of Joseph M. Collins, born March 8, 1993, and Jessica N. Collins, born October 23, 1994. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical of the Children. 3. The Father shall have partial physical custody of the Children as follows: A. Beginning on Saturday, November 28, the Father shall have custody of the Children every weekend alternating between Saturday and Sunday from 8:00 a.m. until 9:00 p.m. for four weeks. In addition, the Father shall have custody of the Children every Wednesday from 5:30 p.m. until 9:30 p.m. The Father may have additional periods of custody as arranged by agreement between the parties. B. After completing the four weekend days of custody, the Father shall thereafter have custody of the Children on alternating weekends from Friday at 6:00 p.m. through Sunday at 12:00 noon. The Father shall continue to have custody of the Children every Wednesday from 5:30 p.m. until 9:30 p.m. 4. The parties shall have custody of the Children on holidays as follows: A. Thanksgiving: The Father shall have custody of the Children on Thanksgiving Day from 10:00 a.m. until 5:00 p.m., and the Mother shall have custody of the Children on Thanksgiving for the remaining time. The parties shall cooperate in scheduling additional times for the Children to visit with their paternal aunt while she is in the local area for the Thanksgiving holiday. B. Christmas: The Mother shall have custody of the Children for Christmas Eve through Christmas Day at 2:00 p.m. and the Father shall have custody of the Children on Christmas Day from 2:00 p.m. until 9:00 p.m. C. Alternating Holidays: The custodial periods on the alternating holidays in this provision shall run from 9:00 a.m. until 9:00 p.m. In even-numbered years, the Mother shall have custody of the Children on New Year's Day and July Fourth and the Father shall have custody on Memorial Day and Labor Day. In odd-numbered years, the Father shall have custody of the Children on New Year's Day and July Fourth and the Mother shall have custody on Memorial Day and Labor Day. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. After the parties have followed the alternating weekend partial custody schedule for a period of at least three months, counsel for either party or a party pro se may contact the conciliator within three months thereafter to schedule an additional custody conciliation conference to review the custody arrangements, if necessary. 6. Within five days of the date of the custody conciliation conference, the Mother shall provide to the Father all information concerning the Children's current enrollment and participation in Cyber school. The Mother shall contact the Cyber School authorities to request that all information pertaining to the Children, including grades and other "K-mails" be provided to the Father as well as the Mother. 7. Prior to December 2, 2009, the parties shall schedule a joint meeting with West Shore School District officials to determine and address the Children's enrollment status and school performance/records for the 2008-2009 school year. 8. By December 15, 2009, the parties shall schedule a joint meeting with East Pennsboro School District officials to determine the Children's current status with regard to Cyber School coordination and to establish a plan for the future. Both parties shall sign any authorizations deemed necessary by the East Pennsboro School District to enable the Father's counsel to obtain information directly from the School District to confirm Cyber School enrollment and current grade placement for the Children. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order only if the modification is in writing and signed by both parties. In the absence of mutual written consent, the terms of this Order shall control. BY THE COURT, cc: Jane M. Alexander, Esquire - Counsel for Father 23-01 Debra L. Collins - Mother t9LED-0 FILE OF THE FRC ; CNIOTARY 2009 NOV 23 °i i 1: 31 N 1 JOSEPH F. COLLINS Plaintiff VS. DEBRA L. COLLINS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-6311 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joseph M. Collins March 8, 1993 Mother Jessica N. Collins October 23, 1994 Mother 2. A custody conciliation conference was held on November 16, 2009, with the following individuals in attendance: the Father, Joseph F. Collins, with his counsel, Jane M. Alexander, Esquire, and the Mother, Debra C. Collins, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. /V 6v .l?r? -7, aov q Date Dawn S. Sunday, Esquire Custody Conciliator f~ ~ (~~~~ 2~t~~f8 _4 AM g~ I l JOSEPH F. COLLINS , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA VS. DEBRA L. COLLINS, Defendant N0.2009-6311 CIVIL ACTION -LAW IN CUSTODY AFFIDAVIT OF SERVICE ~ ~ _, AND NOi~; this ~y~~--- day of ~ 2009 personally appeared Jane M. Alexander, Esquire who swears according to law, that a true and correct copy of a COMPLAINT IN CUSTODY was caused to be served by certified, restricted mail with return receipt requested upon the said, Debra L. Collins 600 Swartz Street Enola, Pa 17025 on October 2, 2009 by leaving the same at the Dillsburg Post Office with postage pre- paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. J~ e M. Alexander~squix torney I.D. #07355 48 S. Baltimore Street Dillsburg, PA 17019-0421 (717) 432-4514 Sworn and subscr}Jed before me th' ~~ day of -__ __ _, 2009. o ary Public ~?~;Q~ CQ~i~°r3~"liVl~t'F~1L7-s_ d= f=~Ery~;SYLV`ANIA +~r~~~r !Seal 1f i/ I E s "t., ~~~~` ~ c t~'l ,t ~._~.... .sires Feb. 4, 2011 i t@-.. ss~~iahon of ^lotariE~s JOSEPH F. COLLINS, PLAINTIFF VS. DEBRA L. COLLINS, DEFENDANT PROOF OF SERVICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-6311 CIVIL ACTION -LAW IN CUSTODY ~ ~ M ~~ m ~ , ~ ~ ^ ~ • ~ I ...D m , "n Postage $ ~ ~ Certified Fee ~ 115 ~ Retum Reciept Fee E d nt R i d '~~. ~ ~~ A / ( n orseme equ re ) ~ ,. . p Restricted Delivery Fee ~[},1~11 a ~'! (Endorsement Required) ~ --~° p $ ~~. 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