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HomeMy WebLinkAbout10-1981THOMAS V. WADDINGTON, Plaintiff/Petitioner v. JULIA A. WADDINGTON Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ID - 19 Y1 a___iV1( lexti n CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY c a w N cn ao -on 5 m 1. The Plaintiff is Thomas V. Waddington, residing at 2904 Chesterbrook Court, Apartment 406, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Julia A. Waddington, residing at 1540 McCormick Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks partial physical custody of the following children: NAME PRESENT RESIDENCE D.O.B. Hannah N. Waddington 1540 McCormick Drive 3/6/1997 Mechanicsburg, Pennsylvania Ryan T. Waddington 1540 McCormick Drive 6/6/1999 Mechanicsburg, Pennsylvania The children were not born out of wedlock. The children are presently in the custody of Defendant, who resides at 1540 McCormick Drive, Mechanicsburg, Pennsylvania. .*1'79,00 PO Art-/ Ct* 8x477 During the past five years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Julia A. Waddington Thomas V. Waddington Julia A. Waddington 1540 McCormick Drive Mechanicsburg, Pennsylvania 1540 McCormick Drive Mechanicsburg, Pennsylvania November 2009 to Present November 2004 to November 2009 The mother of the children is Defendant, currently residing at 1540 McCormick Drive, Mechanicsburg, Pennsylvania. She is married. The father of the children is Plaintiff, currently residing at 2904 Chesterbrook Court, Apartment 406, Camp Hill, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children is that of Father. The Plaintiff currently resides alone. 5. The relationship of Defendant to the children is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Hannah N. Waddington Daughter Ryan T. Waddington Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the Plaintiff a specific partial custody schedule to include weekends, weekdays, alternating holidays and vacation time. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. WHEREFORE, the Plaintiff, Thomas V. Waddington, requests the court to grant partial physical custody of the minor children, Hannah N. Waddington and Ryan T. Waddington, to him. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP DatedJ '' ? - By: ( M5, elly, Jr., EsquP.O. Box 650 o0e-.#l56l5'\-1-1 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff, Thomas V. Waddington VERIFICATION I, Thomas V. Waddington, verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: (? `• xThomas V. Waddington TI-IOMAS V. WADDINGTON YL:'11NTIFF V. JULIA A. WADDINGTON DfFF;NDANT [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • 2010-1981 CIVIL ACTION LAW 1N CUSTODY OItI)ER OF COURT AND NOW, Wednesday, March 24, 2010 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 Monday, May 03, 2010 at 10:30 AM for a Prc-}-lear-ing 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 hearin#;. FOR THE COURT. By: /s/ Zohn,L Mandan r. Es . ___ ____ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabiiites Act of 1990. For information about accessible facilities and reasonable accommodations available; to disabled individuals having business before the coui~-t, please contact our office. All arrangements must be matte at least 72 hours prior to any hearing or business before the court. You must attend the scheduled a>nference or hearing. YOU SHOLJL.,D TAKE THIS PAPER TO YOUR AT"CORN FY AT ONCE. IF YOU DO NOT HAVF-. AN A"CTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH QELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 3? South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R1.ED-~`~'~ 24{8 MAR ZS P#~ i ~ 05 CU~~~~~RSYtV~~ H N1Y 3 ~ aS • I a C.u•-~ • Copv~.. mr.~~ea -~ ~h C1 3 - a S• f o C..r~Q~ ~ (ace.a ; n Mart a.ns -~ l ~. ~~ ~( Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234.6808 4U+,? WADDINGTON, 0 kd-5 V e Plaintiff v. A 3+1eMAI -WADDINGTON, : Defendant : r, t E ?. IN THE COURT OF COMMONAEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 104%3=- - Civil Term CIVIL ACTION - LAW IN DfV9 -r-> C it 5`V) b PETITION FOR SPECIAL RELIEF - EMERGENCY PETITION FOR CUSTODY AND NOW, comes Petitioner, Julia Waddington, by and through her counsel, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., and petitions this Honorable Court as follows: 1. Petitioner is Julia Waddington, Mother, who currently resides at 1.540 McCormick Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Thomas Waddington, Father, who resides at 31 Indiana Circle, Lemoyne, Cumberland County, Pennsylvania. 3. The parties are the parents of two (2) minor children, Hannah N. Waddington, born March 6, 1997; and Ryan T. Waddington, born June 6, 1999. 4. On May 18, 2010, an Order of Court was issued by the Honorable J. Wesley Oler, Jr., pursuant to the agreement of the parties reached at a Custody Conciliation Conference. A copy of said Order is attached hereto, made a part hereof and marked Exhibit "A." 5. Mother has primary physical custody of the children subject to Father's physical custody which includes every Wednesday from 4:30 p.m. until 8:00 p.m. and alternating weekends from Friday at 5:00 p.m. until Sunday at 8:00 p.m. ?0. oo PO AIW at Q95q/ 007570973 2 6. Since the issuance of the aforementioned Order, Respondent has conducted himself in a manner which is :not only contrary to paragraph 8 of said Order, it has also most recently placed the children's safety and welfare in serious jeopardy. 7. Respondent routinely and regularly engages in discussion with the children regarding inappropriate topics including questioning them about their mother's private life and constantly making disparaging comments about their mother and her family members. In addition, he regularly exhibits threatening and bullying behavior, both verbal and physical. On November 3, 2010, Respondent's verbally abusive conduct toward the children culminated in Respondent telling them that he would kill himself which upset the children and resulted in both Respondent and the children crying. 9. The parties' daughter, Hannah, was able to call her mother to inform her of the situation. 10. Petitioner immediately drove to Respondent's residence whereupon she found the children and Respondent crying, the children almost to the point of hysteria. 11. Petitioner summoned the police inasmuch as she was gravely concerned regarding Respondent's mental and emotional condition as described by her daughter and what she observed. 12. The children are frightened of what their father might do to them or himself and are intimidated by his threatening and bullying behavior. WHEREFORE, Petitioner respectfully requests that Respondent's rights of partial physical custody, as set forth in the Order of May 18, 2010, be suspended until such time as he completes a mental health evaluation and the evaluator certifies that it is appropriate for the children to be in his physical custody. Respectfully submitted, GOV?ER ATZMAN, P.C. Paul J. E po (o Attorney I.D. 425454 320 Market Street Date: P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 2010 Attorney for PetitionerlPA=tr 4 VERIFICATION I verify that the statements contained in the foregoing PETITION FOR SPECIAL RELIEF - EMERGENCY PETITION FOR CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn faalsifction to authorities. Date: / / -- S l ADDINGTON a1?, r .? ?? C? ?, THOMAS V. WADDINGTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-1981 CIVIL ACTION LAW JULIA A. WADDINGTON, IN CUSTODY Defendant ORDER OF COURT AND NOW this J4\ day of May 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Thomas Waddington, and the Mother, Julia Waddington, shall have shared legal custody of Hannah N. Waddington, born 03/06/1997 and Ryan T. Waddington, born 06/06/1999. The parties shall have an equal right to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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 Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. During the school year, Father shall have physical custody every Wednesday from 4:30 pm until 8:00 pm and alternating weekends from Friday 5:00 pm until Sunday 8:00 pm. b. During summertime, Father shall have every Wednesday from 4:30 pm until 9:00 prrt and alternating weekends from Friday 5:00 pm until Sunday 9:00 pm. C. The parents have agreed: to share the transportation obligation for the alternating weekends with the non-custodial parent picking up the Children. Father has agreed to provide the transportation :For the Wednesday custodial periods. d. Father shall have physical custody of the Children at such other times as the parties' may mutually agree. 3. Counsel: The parties have agreed to and are directed to, continue the Children in their counseling as recommended by their therapists. 4. Custody Evaluation: The parents have agreed to engage in a mini-custody evaluation with an agreed-upon professional; in the absence of agreement, the parties shall utilize Deb Salem. Father has agreed to initiate said evaluation and bear the financial responsibility for the evaluation. 5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. F. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, Father shall have Memorial Day weekend until 8:00 pm Monday, Mother shall have the Fourth of July, and Father shall have Labor Day until 8:00 pm Monday. Father shall have Fattier's Day from 10:00 am until 8:00 pm. A more comprehensive holiday schedule shall be established as necessary at the status conference with the assigned conciliator. ?. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance written notice of the requested time and 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. 8. Neither' party may say or do anything nor permit a third party to do or say anything that may estrange the Children 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 Children'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 Children. 9. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. "! 0: After the custody evaluation has been completed, either party has the right to contact the assigned conciliator directly to schedule a status conciliation conference to better ascertain the custody situation as necessary. 11. 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. By the Court, Distribution: John Connely, Esquire Paul Esposito, Esquire John J. Mangan, Esquire TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se I of said Court at Carlisle, Pa. This y Of 20 - 0-- Prothonotary ' THOMAS V. WADDINGTON, Plaintiff V. JULIA A. WADDINGTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1981 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 Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Hannah N. Waddington 03/06/1997 Primary Mother Ryan T. Waddington 06/06/1999 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 12, 2010 with the following individuals in attendance: The Mother, Julia Waddington, with her counsel, Paul Esposito, Esq. The Father, Thomas Waddington, with his counsel, John Connely, Jr., Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date Jo hi/. M gan, Esquire Cus ody ?onciliator CERTIFICATE OF SERVICE On this K '_1 day of , 2010, I certify that a copy of the foregoing was served upon the following counsel of record by delivery same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL AND FACSIMILE John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant GOLDBERG KATZMAN, P.C. Paul J. E ositq 1 Supreme CourfiD #25454 Attorneys for Petitioner/Defendant I 0 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Respondent THOMAS V. WADDINGTON, Plaintiff/Respondent V. JULIA A. WADDINGTON Defendant/Petitioner 1 3 ti . T! 12 F's 1 n? n+r I t- v3 N B 4. 1 f 'tie : {J J I. IN v1 ' !`.?a.3 i 51 ..r. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1981 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF/RESPONDENT'S ANSWER TO DEFENDANT/PETITIONER'S PETITION FOR SPECIAL RELIEF-EMERGENCY PETITION FOR CUSTODY AND NOW, comes the Respondent, Th6mas V. Waddington, by and through his counsel, John J. Connelly, Jr., Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Answer to Petitioner's Petition for Special Relief-Emergency Petition for Custody, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied and proof is demanded at time of hearing. By way of explanation, the children's safety and welfare has never been in jeopardy. To the contrary, as alleged in paragraph 6, the Petitioner has consistently violated paragraph 8 of the Order by sharing with the children information regarding the parties' financial situation to the detriment of the Respondent. 7. Denied and proof is demanded at time of hearing. By way of explanation, the Respondent asked the children about their time when they are not with him but it was not designed to pursue information about Petitioner's private life but merely to understand the day- to-day activities of the children since this information is not shared by the Petitioner. The Respondent specifically denies making disparaging comments about the Petitioner or her family members. At no point has the Respondent exhibited threatening or bullying behavior towards his children. 8. Admitted in part and denied in part. Respondent attempted to discipline his daughter who was verbally abusive and disrespectful toward him all the while texting her mother on her cell phone. Respondent used his daughter's cell phone to call Petitioner and requested her input to discipline the child because of her actions. The Petitioner laughed at him and said she would not cooperate in this regard and she demanded the children be brought home immediately. The Respondent felt betrayed by his daughter because of her behavior toward him and as a consequence, being frustrated, sad and feeling that his actions were futile, said "I might as well kill myself'. The daughter was unfazed by the statement however his son understandably reacted in an adverse fashion. His son was sympathetic to him asking him not to leave, sat on his lap, hugged him tightly at which time the Respondent told his son that he loved him and would not do such a thing. The Respondent contacted his son later that night and the next morning being very concerned about what he had said. The Respondent was tearful and upset over the treatment by his daughter and the failure of the Petitioner to intervene; however, the incident has been completely blown out of proportion. 2 9. Admitted. The parties' daughter Hannah called and texted her mother several times during the evening and she was never denied access to her mother throughout the time she was at Respondent's residence. 10. Denied. It is denied that the children were hysterical and crying. In fact, the Respondent never saw his daughter crying after she spoke to her mother requesting to go home. His son was crying and was concerned about leaving him when the Petitioner arrived at Respondent's residence. 11. Respondent is without knowledge as to whether or not the Petitioner contacted the police; however, the police never contacted the Respondent either in person, in writing or by phone. 12. Denied. Although Respondent regrets the actions that may have frightened his son, he does not believe the children are intimidated by any behavior since he does not threaten or bully the children. The parties are at the end of a custody evaluation being performed by Deborah L. Salem, CACD, LPC, of Interworks, consistent with this Court's Order of May 18, 2010. Since Ms. Salem is intimately familiar with the situation, having the Petitioner and Respondent consult with her in conjunction with the children is the best approach in handling this situation. WHEREFORE, Respondent/Plaintiff respectfully requests that the relief requested in the Petition for Special Relief filed by Petitioner/Defendant be denied and that the matter be referred to Deborah L. Salem, CACD, LPC, of Interworks, to resolve any issues raised in the Petition. 3 Dated: 0-0-(D By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Attorneys for Respondent, Thomas V. Waddington Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, Thomas V. Waddington, verify that the statements made in the foregoing pleading are true and correct. •I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: - C7 - Q ??? /'. vlasot omas V. Waddington THOMAS V. WADDINGTON, Plaintiff/Respondent V. JULIA A. WADDINGTON Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1981 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, attorney for the Respondent, Thomas V. Waddington, hereby certify that I have served a copy of the foregoing Answer on the following on the date and in the manner indicated below: VIA FACSIMILE (717) 234-6808 AND U.S. MAIL. FIRST CLASS. PRE-PAID Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 THOMAS V. WADDINGTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JULIA A. WADDINGTON, Defendant CIVIL ACTION - LAW : NO. 10-1981 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF - EMERGENCY PETITION FOR CUSTODY ORDER OF COURT AND NOW, this 22nd day of November, 2010, upon consideration of Defendant's Petition for Special Relief - Emergency Petition for Custody, and of Plaintiff's Response to Defendant's Petition for Special Relief - Emergency Petition for Custody, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. BY THE COURT, John J. Connelly, Jr., Esq. P.O. Box 650treet Hershey, PA 17033 Attorney for Plaintiff Paul J. Esposito, Esq. P.O. Box 1268 Harrisburg, PA 17108 Attorney for Defendant Court Administrator C©P^ Iv1Ai,Jed 11 )a-410 rte- m? rn- z? a ? ?rn n r- c ,,? ? av N ?=' ? G r o-n z- C N CD r1l cri atl THOMAS V. WADDINGTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA C) C-) o -,z V. -03 2010-1981 CIVIL ACTION LAW ?'rn ° =-n = r-- P-, rn ?o JULIA A. WADDINGTON d 1 IN CUSTODY { -•o 3-n DEFENDANT Zn = o?' o w rn rn ORDER OF COURT AND NOW, Wednesday, November 24, 2010 , 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 Thursday, December 30, 2010 _ at 9:00 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/ John J. Mangan, Jr.. Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street pn s l-rv Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A. THOMAS V. WADDINGTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-1981 CIVIL ACTION LA?! JULIA A. WADDINGTON, : rnw IN CUSTODY Defendant -? Prior Judge: J. Wesley Oler Jr. J. co =0 rya o -r , , ORDER OF COURT cD? AND NOW this day of A ril 2011 c u on co id ti f h p , p ns era on o t e attached Cui9todq Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Thomas Waddington, and the Mother, Julia Waddington, shall have shared legal custody of Hannah N. Waddington, born 03/06/1997 and Ryan T. Waddington, born 06/06/1999. The parties shall have an equal right to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children 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 Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. During the school year, Father shall have physical custody every Wednesday from 4:30 pm until 8:00 pm and alternating weekends from Friday 5:00 pm until Sunday 8:00 pm. b. During summertime, Father shall have every Wednesday from 4:30 pm until 9:00 pm and alternating weekends from Friday 5:00 pm until Sunday 9:00 pm. C. The parents have agreed to share the transportation obligation for the alternating weekends with the non-custodial parent picking up the Children. Father has agreed to provide the transportation for the Wednesday custodial periods. d. Father shall use all reasonable efforts to be on time for his custodial periods; in the event Father is going to be late, Father shall as promptly as possible notify Mother of the delay. e. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. Counseling: The parties have agreed to, and are directed to, continue the Children in their counseling (with Tracy Richards) as recommended by their therapists. 4. The parents have agreed to continue to utilize Deb Salem to address their parenting/communication issues. 5. Neither parent shall use the Children to relay messages to the other parent and the parents shall email each other at least two times per week to update the other parent on the Children's activities and well-being. 6. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. In the absence of agreement, Father shall have Memorial Day weekend until 8:00 pm Monday, Mother shall have the Fourth of July, and Father shall have Labor Day until 8:00 pm Monday. Father shall have Father's Day from 10:00 am until 8:00 pm. In the absence of agreement, a more comprehensive holiday schedule shall be established as necessary at the request of either party pursuant to a conference call with the assigned conciliator. 8. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance written notice of the requested time and 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. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children 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 Children'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 Children. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. After the custody evaluation has been completed, either party has the right to contact the assigned conciliator directly to schedule a status conciliation conference to better ascertain the custody situation as necessary. 12. 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: John Connely, Esquire Paul Esposito, Esquire John J. Mangan, Esquire rAoo lei 41511r 06 THOMAS V. WADDINGTON, Plaintiff V. JULIA A. WADDINGTON, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-1981 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: The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Hannah N. Waddington 03/06/1997 Primary Mother Ryan T. Waddington 06/06/1999 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 12, 2010, an Order issued May 18, 2010, an Order issued November 22, 2010 regarding special relief, a conference was held February 28, 2011 with the following individuals in attendance: The Mother, Julia Waddington, with her counsel, Paul Esposito, Esq. The Father, Thomas Waddington, with his counsel, John Connely, Jr., Esq. 3. The parties agreed to the entry of an Order in the form as attached. "" Date John J. an , Esquire Custod Co ciliator