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HomeMy WebLinkAbout01-7169 ADAM J, FURFARI, Plaintiff : THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 -11 (pq PAULA JONES, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, ADAM J, FURFARI, and by his attorneys, NICHOLAS & FOREMAN, respectfully represent as follows: 1. Plaintiff, Adam J. Furfari, is an adult individual sui iuris, residing at 1001-32 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 2, Defendant, Paul Jones, is an adult individual sui iuris, residing at 311 April Drive #5, Camp Hill, Pennsylvania 17011. 3, Plaintiff, Defendant and their child have been bonafide residents of this Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff requests an award of joint legal custody and primary physical custody of Nicholas G. Furfari born February 14, 2000. 5, The children are presently in the physical custody of the Plaintiff. 6, The father of the child is Adam J. Furfari, the Plaintiff. 7. The mother of the children is Paula Jones, the Defendant. 8, The relationship of Plaintiff to the children is father. 9. During the two years since the child was born, the child has resided constantly with his Father, the Plaintiff and during most of that time with his Mother, the Defendant as follows: (a) From 2/14/00 to 3/17/00 at 5211 Trindle Road, Mechanicsburg, Cumberland County with Plaintiff and Defendant. (b) From 3/17/00 to 9/21/01 at 591 Geneva Drive, Apt. 16, Mechanicsburg, Cumberland County with Plaintiff and Defendant. (c) From 9/21/01 to the present time with Plaintiff and Defendant. Defendant removed herself from the residence on or about December 21, 2001; (d) At various times during the last two years, Defendant has resided with her Mother in Vintondale, Pennsylvania near Johnstown Pennsylvania for periods of time. 10. Plaintiff has not participated as a party in any prior litigation concerning the custody of the said children in this Court or in any other Court and, to the best of his knowledge, there has never been any prior custody litigation, 11. No person(s) not a party to this transaction are known to the Plaintiff to have had physical custody or claims to custody or visitation with regard to the said minor children, 12. The best interest and permanent welfare of the said child will be served by granting joint legal custody and primary physical custody of the said minor child, Nicholas G. Furfari, to the Plaintiff, Adam J. Furfari, because of numerous benefits to the children which would result from this ongoing stable relationship and the care and love that would be provided to them. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action, WHEREFORE, Plaintiff requests this Honorable Court to enter an Order granting joint legal custody and primary physical custody of the said child, Nicholas G. Furfari, to Plaintiff, his father, Adam J, Furfari. Respectfully submitted, BY: C. ruce D, Forem n, Atty ID No. 21193 4409 North Front Street Harrisburg, PA 17110 717-236-9391 Attorneys for Plaintiff Dated: I 2-/2(P( 0 ( , . VERIFICATION 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. C. S, 94904 relating to unsworn falsification to authorities, Dated: 12-ll.{p(OI ("') 0 0 ~ C 'Tl", ~ 8 $: C) ':"1 .\ '- "'OJ r-., f~~ ;tl ~ rn rr: ("") Z:JJ N "7!-n ZC :,,130 ~ (J) ~_.. 0'\ (:>.~ ~:?: _. ~ .....0 :::- I41 >U -0 ~O ::J:: ';.~C) ~ ~ }>O c::9 (~m C) c: -~ 0 ::p ~ U1 55 +-l --J .... -< ...c ~ .., ,... ) l:> ~ >- ~ ....::- UJQ ~t~2 2"~ ~,. U) Q~,>: .,J,_. 1- , 1>., o ,.... in cO ~ :5 o~ o~ c> '~5: ~~}Il CJ:) ,,22 u. -,. 'Jl~'''-- ri) "<;: :s u ''- -,,- "<I: ~ N c...: lJJ o a Ol o ,... ~ =-: 6 I-~ i'llir::: -< a: ~ ... I- <t: ","'CI)Z~ ~f;I;ll-<t:Ol U ~ z::; ~ ~~ ~~~ ~~ ~~~ ....l 00 0 _ t::.. -< z Cl ...:l Ol a: 00 :::J = ~ ffi u 1I: .... a: Z ~ . U NICHOLAS. & FOREMAN, P.C. . . ADAM J, FURFARI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-7169 CIVIL ACTION LAW PAULA JONES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, January 07, 2002 , upon consideration of the attached Complaint, it is hereby directed tbat parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, FA 17055 on Tuesday, January 29, 2002 at 10:00 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, All children age five or older may also be present at the conference, 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 aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to schednled hearing. FOR THE COURT, By: Isl Dawn S. Sunday. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals baving 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 HA VB 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . ~~ ~ ~ ~ ("~.;,I -.;;fP :e ~ ~&; -ev>, j,( ~ e ~ ~4/ ,~ ~.I'I J..LNn~~lIASNN3d \N'f1I::EJ8Wno 91 :2 Hd 8-lm' ZO Al:rilGIJi::, Ii " . 3cT;:;Ci'~'L:~j "I'~I:';'~'" :10 CASE NO: 2001-07169 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FURFARI ADAM J VS JONES PAULA GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, JONES PAULA says, the within COMPLAINT - CUSTODY was served upon the DEFENDANT , at 1512:00 HOURS, on the 8th day of January ,2002 at 311 APRIL DRIVE #5 CAMP HILL, PA 17011 by handing to PAULA JONES a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.75 .00 10.00 .00 37.75 Sworn and Subscribed to before me this d I ~ day of q''''''A) drxJ:L> A,D, ~"O_7h,A, ~ othonotary' , So Answers: r~~ R, Thomas Kline 01/09/2002 NICHOLAS & FOREMAN By: ~...dIA~ Deputy Sh iff ADAM J. FURF ARI, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 01-7169 CIVIL PAULA JONES, DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY Please enter my appearance on behalf of the Defendant, Paula Jones, in the above-captioned matter, Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.e. Dated: January li.-, 2002 Susan Kay Cand' PA J.D. # 6499 . 5021 East Trin Suite 100 Mechanicsburg PA 17050 (717) 796-1930 .' (') 0 Ci C N -q ~ '- ..~-, -OeD > !:pm Z T ZC c.:'; C/) j.-_: ~6 <J ~c ~- ~""-- )>0 c: Z en ~ en f I FEB 1 4 2002 ~ ADAM J. FURFARI, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 01-7169 CIVIL DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY PAULA JONES, STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff ("Father") is ADAM J. FURFAR!, who currently resides at 1001-32, Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant ("Mother") is PAULA JONES, who currently resides at 311 April Drive, #5, Camp Hill, Cumberland County, Pennsylvania, 17011. NICOLAS G. FURFAR!, ("Nicolas"), born on February 14,2000 is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plait).tiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both his natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, ADAM J. FURFAR!, and Defendant, PAULA JONES, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the following Order: _ 1. Plaintiff and Defendant shall share Legal Custody (as defmed in 23 Pa.C.S.A. Section 5302) of their minor child, NICOLAS G. FURFAR!. 2, All decisions affecting their child's growth and development including, but not limited to: choice of camp, if any; choice of day Care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their child's best interest. 3. Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their child. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child. 4. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their child should respect and love. 5. While in the presence of the child, neither Mother nor Father nor any other person shall discuss terms of custody, legal proceedings, or any other topic, to which is not in the best interests of the child to be exposed. 6. It shall be the obligation of each parent to make their child available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 7, Each parent shall have the duty to notifY the other of any event or activity that could reasonably be expected to be of significant concern to the other parent 8. With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 9. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 10. Neither Mother nor Father shall schedule activities or appointments for their child which would require their attendance or participation at said activity or appointment during a time when their child is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 1 J. Mother and Father shall Share Physical Custody of their minor child, Nicolas G. Furfari, according to the following schedule: A. Mother and Father shall alternate weeks with their son. The exchange beginning each week of visitation shall occur Monday morning when the party takes the child to the caregiver. If the parent who will begin their week of visitation has that Monday off from work, they shall go to the residence of the parent ending their week of visitation and get the child in a timely manner which does not interfere with the party's employment hours. (Mother's week of visitation shall begin at 4:00 p.m. on Thursday, January 24, 2002 and continue through Monday, February 4, 2002. This is a result of Mother's inability to have the child for several weeks and Father's plans to be away the weekend of January 25,2002 through January 27, 2002. Per this Stipulation, Father may request one (1) visit during the week of January 28, 2002 through February 1,2002. Father's week of visitation shall begin Monday, February 4, 2002 through Monday February 11,2002 and the parties shall alternate weeks thereafter.); B, Mother and Father shall have one (1) evening visit with Nicolas during the week they do not have custody of Nicolas. This evening visit shall be scheduled with the parent with custody of Nicolas a minimum offorty-eight (48) hours before the requested evening of visitation, This period of visitation shall begin when the parent leaves work through 8:00 p.m, that same evening, If the parent without custody does not work on the day they are requesting visitation, they may request the child for the entire day through 8:00 p.m. that same evening, The parent without custody getting Nicolas for the one day of visitation shall be responsible for transportation to and from the place Nicolas is at, at the times the parent is requesting visitation; C. Any weekday the parties have off from work, they may request to have the child in lieu of the child going to the day care provider. The party taking the child in lieu of the day care provider shall provide the other parent with a minimum of twenty-four (24) hours notice of their intent to have the child during the time period the child would normally be in the care of the day care provider; D, The parties shall alternate the following holidays. Holidays shall begin at 5:00 p.m. the evening of the day before the holiday and extend through 8:00 p.m. the evening of the holiday. Father shall have the even numbered holidays and Mother the odd numbered holidays in the even numbered years, to alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (This day may be extended later in the evening to attend fireworks.); 5) Labor day. E. Thanksgiving Day: The Thanksgiving holiday shall be alternated annually, with Mother having the child in the odd numbered years and Father the even numbered years. The Thanksgiving holiday shall begin the Wednesday evening before Thanksgiving on or about 5:00 p.m. and shall continue through Friday evening on or about 5:00 p.m, F, Christmas: Mother and Father shall alternate Christmas with Mother getting Schedule A in the even numbered years and Father getting Schedule B in the even numbered years, to alternate annually thereafter. A. To begin Christmas Eve at 5:00 p.m. through Christmas Day at 2:00 p.m, B. To begin Christmas Day at 2:00 p.m. through December 26 at 8:00 p.m. G. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day, from 9:00 a.m. through 8:00 p.m,; H. Mother and Father shall have the option of requesting one (1) to two (2) consecutive weeks of vacation during the year with their child providing a minimum of thirty (30) days' notice of the time requested is given to the other party; I. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation, All . . permanent changes in periods of custody from the those contained in this custody agreement shall be made in writing and signed by both parties; J. All holidays, vacations, and specially designated times for visitation with their child shall supersede the regularly scheduled visitation. 12. Father and Mother may each make a maximum of one (I) telephone call each day they do not have the child. 13. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with Nicolas for more than a four (4) hour period. 14, Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get Nicolas, unless transportation is otherwise specifically stated for that period of visitation. 15. Communication between the parties at the time of the transfer of Nicolas shall be limited to important information about the child. The parties shall not disparage or engage the other in any arguments at the time of the exchange of the child, 16. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their child, 17. The parent with physical custody of the child agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their child has become involved. 18. Mother and Father agree to provide each other with current information regarding the day care provider and any other individuals and/or activities when their child is in the care of an adult other than an activity within their child's school. Mother and Father also agree to have each other listed as an emergency contact with that adult and/or agency. :Jan 23 02 02:41p . . SKC Law 717-796-1933 p.B 19, N~ither Mother or Fathcr shall consum~ any alcoholic beverag~s. controlled substances. or prescription drugs, which would interfere with their ability to provid~ the child with a safe cnvironment, twenty-four (24) hours prior to and/or during their cus'tody periods with th~ child, 20, Mother and Fatb...'T shall be free to mutually agree to altcr and/or ehang~ the terms of this agrecment. If thc alteration and/or agrccmcnt is permanent and/or a changc which will occur on numerous occasions, thc panies agrec the alteration and/or change shall be in writing DATED:~ 30-0;) and signed by both parents. DATED: COMMONWEALTH OF PENNSYL VfNIA COUNTY OF D A uP \+ \rJ SS: On this, the dB#) day of dANvf1Rc1 . 2002, before mc, a Notary Public for the Commonwealth of PelUlsylvania, the und~rsigned officer. personally appeared ADAM J. FURFARJ known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agrecd Order of Custody. and acknnwledged that hc executed the same for the purpose [herein contained. IN WITNESS WHEREOF. I bave sct my hand and nalalial >;ell/. ~~~ Notary Public My Commission Expircs: NOTARIAL SEAL CHRISTINA L. NICHOLAS, Notary Public Susquehanna Twp" Dauphin County M i n Ex res June 20,2005 . '. Jan 23 02 02:411' SKC Law 717-786-1833 P.~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF c.L\..~'oe-(\o...~ 88: On this, the 3CJ*' day of ~ . 2002. before me. a Notary Publie for the Commonwealth of Penns ,vania. the un rsigned offiC<lr. personally appeared PAULA JONES known to me (or satisfactorily proven) to be the person whose name is subscrjbed to the within Stipulation for Agreed Order of Custody, and ucknowledged that she executed the S,UJlC for the purpose therein contained, IN WllNESS WHEREOF. 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L_ ", . ,::.) l, , C) 0 FEB 1 4 2002 V-- v, : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, O\-llLP9 C<;\ ADAM J, FURFARI, Plaintiff PAULA JONES, Defendant CIVIL ACTION - LAW CUSTODY ORDER ~ AND NOW, this ~ day of F~ ' 2002, upon the Stipulation of Adam J, Furfari, Plaintiff and Father of Nicholas G, Furfari and PauNones, the Defendant and Mother of Nicholas G, Furfari, minor born February 14, 2000, an Order is entered incorporating the Stipulation and signed by the parties and filed to the above-captioned term and number February 12, 2002, J, /Q~' Fore~o.,f ~o.AI~ / > e Ofie&lY)o..lcJ OJ.-Itt-O~ ~XS 0' ..::l (J"\ \...:.- o .,~.- :d '0 2 :J.~ (,~3~ '---.J:;:'" ..,"~ '<~" (J) :':\2 .c2 ..;. I u.l "00- ~ ::::> (,) '.(> c:~ W w.- e" c:> ~_'_' "~I I," F'E'S 1 ~02 ADAM J. FURFARI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO, 01-7169 CIVIL ACTION LAW PAULA JONES, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 30TH day of January, 2002, the Conciliator, being advised by Plaintiffs counsel that all custody issues have been resolved by agreement, hereby relinquishes jurisdiction in this case. FOR THE COURT, Da~ Custody Conciliator 0 c:::J 0 C N '''f'l '~ .." ~- -ace rr1 -Ti [Qrrt co f::-O: ~~:')::: Z[~ N !ll .:J ~(~ Cl :-':~:(S ~t; -'0 <; "f'; CO") "-, (:::> en Pc ~ r-.,) :;; :0 -( C) ~~ " ADAM J, FURFARI, Plaintiff THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 01-7169 Civil PAULA JONES, Defendant CIVIL ACTION - LAW CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Plaintiff, ADAM J, FURFARI, and by his attorneys, FOREMAN & FOREMAN, respectfully represent as follows: 1. Plaintiff, Adam J, Furfari, is an adult individual sui iuris, residing at 936 East Walnut Street, Palmyra, Pennsylvania, 17078, 2, Defendant, Paul Jones, is an adult individual sui juris, residing at 1001 - 32 Nanroc Drive, Mechanicsburg, Pennsylvania, 17055,- 3, Plaintiff, Defendant and their child have been bonafide residents of this Commonwealth for at least six (6) months immediately previous to the filing of this Complaint, 4. Plaintiff requests an award of joint legal custody and primary physical custody of Nicholas G. Furfari born February 14, 2000, 5, The child is presently in the shared physical custody of the parties, 6, The father of the child is Adam J, Furfari, the Plaintiff, 7, The mother of the children is Paula Jones, the Defendant. 8, The relationship of Plaintiff to the children is father. 9, The existing Order is dated February 14, 2002, a copy of which is attached hereto, 10, During the two years since the child was born, the child has resided alternatively, one week with Plaintiff and one week with Defendant, 11. Plaintiff and Defendant were parties to a prior litigation concerning the custody of the said children in this Court as set forth above, which litigation was terminated by an Order by Stipulation, '. 12. No person(s) not a party to this transaction are known to the Plaintiff to have had physical custody or claims to custody or visitation with regard to the said minor children, 13, The best interest and permanent welfare of the said child will be served by granting joint legal custody and primary physical custody of the said minor child, Nicholas G. Furfari, to the Plaintiff, Adam ], Furfari, because of numerous benefits to the children which would result from this ongoing stable relationship and the care and love that would be provided to them, 14, Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action, WHEREFORE, Plaintiff requests this Honorable Court to enter an Order granting joint legal custody and primary physical custody of the said child, Nicholas G. Furfari, to Plaintiff, his father, Adam ], Furfari. Respectfully submitted, N, p,c. BY: ruce D, Fo e an, Esquire Atty ID No, 21193 4409 North Front Street Harrisburg, PA 17110 717-236-9391 Attorneys for Plaintiff Dated:4;1/w " ADAM J, FURFARI, Plaintiff THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 01-7169 Civil PAULA JONES, Defendant CIVIL ACTION - LAW CUSTODY VERIFICATION 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, C. S. g4904 relating to unsworn falsification to authorities, Afi/lr ADAM J, FU~ Dated: 5)tf/O~ FEB 1 4 2002 V,.. ADAM j, FURFARI, Plaintiff THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, O\-lILPcr C;,;\ PAULA JONES, Defendant CIVIL ACTION -- LAW CUSTODY ORDER AND NOW, this N~ay of F~ , 2002, upon the Stipulation of Adam j, Furfari, Plaintiff and Father of Nicholas G, Furfari and PauNones, the Defendant and Mother of Nicholas G, Furfari, minor born February 14, 2000, an Order is entered incorporating the Stipulation and signed by the parties and filed to the above-captioned term and number February 12, 2002, j, -~'11 - 1--.. j::- \0 Y"'''Clv' /TRUE CO? r. ~:b,)~':, to ~et rnj' hand lii TAstimoi~V wh~ieo, ,here ,_.n, , . llnd~; seal of said ou t a?'e:h::,~a. .~ ThiJ9.'H . HU' ... .,.. . l'r thonotary ADAM J. FURFARI, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA r> vs. NO. 01-7169 CIVIL C r:'"::, ;-~ .~- -'~l C'i I'.. DEFENDANT : CIVIL ACTION - LAW : IN CUSTODY (.:; f'._' PAULA JONES, ~:_'~--- --- (-- STIPULATION FOR AGREED ORDER OF CUSTOD:Y ;~c;, The Plaintiff ("Father") is ADAM J, FURF ARI, who currently resides at 1001-32, Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant ("Mother") is PAULA JONES, who currently resides at 311 April Drive, #5, Camp Hill, Cumberland County, Pennsylvania, 17011. NICOLAS G. FURFARI, ("Nicolas"), born on February 14,2000 is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both his natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, ADAM J. FURFARI, and Defendant, PAULA JONES, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the following Order: I. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa,C.S.A Section 5302) of their minor child, NICOLAS G, FURF ARl. 2. All decisions affecting their child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their child's best interest. 3, Mother and Father agree to keep the other informed of the progress of their child's education and social adjustments, Mother and Father agree not to impair the other's right to shared legal or physical custody of their child. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their child, 4. While in the presence of their child, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their child should respect and love. 5, While in the presence of the child, neither Mother nor Father nor any other person shall discuss terms of custody, legal proceedings, or any other topic, to which is not in the best interests of the child to be exposed, 6. It shall be the obligation of each parent to make their child available to the other in accordance with the physical custody schedule and to encourage their child to participate in the plan hereby agreed and ordered. 7, Each parent shall have the duty to notifY the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 8, With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance, However, that parent shall inform the other of the emergency and consult with him or her as soon as possible, Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 9, Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. 10. Neither Mother nor Father shall schedule activities or appointments for their child which would require their attendance or participation at said activity or appointment during a time when their child is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 11. Mother and Father shall Share Physical Custody of their minor child, Nicolas G. Furfari, according to the following schedule: A. Mother and Father shall alternate weeks with their son. The exchange beginning each week of visitation shall occur Monday morning when the party takes the child to the caregiver. If the parent who will begin their week of visitation has that Monday off from work, they shall go to the residence of the parent ending their week of visitation and get the child in a timely manner which does not interfere with the party's employment hours, (Mother's week of visitation shall begin at 4:00 p,m. on Thursday, January 24, 2002 and continue through Monday, February 4, 2002, This is a result of Mother's inability to have the child for several weeks and Father's plans to be away the weekend of January 25,2002 through January 27,2002. Per this Stipulation, Father may request one (1) visit during the week of January 28, 2002 through February 1, 2002, Father's week of visitation shall begin Monday, February 4, 2002 through Monday February 11,2002 and the parties shall alternate weeks thereafter.); B. Mother and Father shall have one (1) evening visit with Nicolas during the week they do not have custody of Nicolas. This evening visit shall be scheduled with the parent with custody of Nicolas a minimum of forty-eight (48) hours before the requested evening of visitation, This period of visitation shall begin when the parent leaves work through 8:00 p.m. that same evening, If the parent without custody does not work on the day they are requesting visitation, they may request the child for the entire day through 8:00 p.m. that same evening, The parent without custody getting Nicolas for the one day of visitation shall be responsible for transportation to and from the place Nicolas is at, at the times the parent is requesting visitation; C. Any weekday the parties have off from work, they may request to have the child in lieu of the child going to the day care provider. The party taking the child in lieu of the day care provider shall provide the other parent with a minimum of twenty-four (24) hours notice of their intent to have the child during the time period the child would normally be in the care of the day care provider; D. The parties shall alternate the following holidays, Holidays shall begin at 5:00 p.m. the evening of the day before the holiday and extend through 8:00 p.m, the evening of the holiday, Father shall have the even numbered holidays and Mother the odd numbered holidays in the even numbered years, to alternate annually thereafter: I) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day (This day may be extended later in the evening to attend fIreworks,); 5) Labor day. E. Thanksgiving Day: The Thanksgiving holiday shall be alternated annually, with Mother having the child in the odd numbered years and Father the even numbered years, The Thanksgiving holiday shall begin the Wednesday evening before Thanksgiving on or about 5:00 p,m. and shall continue through Friday evening on or about 5:00 p.m, F. Christmas: Mother and Father shall alternate Christmas with Mother getting Schedule A in the even numbered years and Father getting Schedule Bin the even numbered years, to alternate annually thereafter. A. To begin Christmas Eve at 5:00 p,m. through Christmas Day at 2:00 p,m. B, To begin Christmas Day at 2:00 p,m, through December 26 at 8:00 p,m, G. Father shall have the child on Father's Day and Mother shall have the child on Mother's Day, from 9:00 a.m. through 8:00 p.m,; H. Mother and Father shall have the option of requesting one (I) to two (2) consecutive weeks of vacation during the year with their child providing a minimum of thirty (30) days' notice of the time requested is given to the other party; L The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation, All permanent changes in periods of custody from the those contained in this custody agreement shall be made in writing and signed by both parties; J. All holidays, vacations, and specially designated times for visitation with their child shall supersede the regularly scheduled visitation. 12, Father and Mother may each make a maximum of one (I) telephone call each day they do not have the child. 13, Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with Nicolas for more than a four (4) hour period, 14, Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get Nicolas, unless transportation is otherwise specifically stated for that period of visitation, IS, Communication between the parties at the time of the transfer of Nicolas shall be limited to important information about the child, The parties shall not disparage or engage the other in any arguments at the time of the exchange of the child. 16, Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their child, 17. The parent with physical custody of the child agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their child has become involved, 18. Mother and Father agree to provide each other with current information regarding the day care provider and any other individuals and/or activities when their child is in the care of an adult other than an activity within their child's school. Mother and Father also agree to have each other listed as an emergency contact with that adult and/or agency. 19, Neither Mother or Father shall consume any alcoholic beverages, controlled substane"s, or prescription drugs, which wOLlld interfere with their ability to proviu" the child with a safe environment, twenty-four (24) hours prior to and/or during their custody periods with th" child, 20, Mother and Father shall be free to mutually agree to alter andlor change the terms or this ag,reement. If the alteration andlor agreement is permanent and/or ., change which will oecur on numerous oeca,ions, the parties agree the alteration andior eh'll1ge shall be in writing DATED:F 30-0;) .r-' and ~igned by both parents, DA TED: COMMONWEAUH OF PENNSYL VtNIA COUNTY OF DAUP 1+ \N S5: On this, the ,~B<t"l day of dANvfl.0.-( ,2002, before me, a Notary Public for the Commonw"alth of Petulsylvania, the undersigned officer, per~onally appeared ADAM J_ FURFARI known to me (or ~atisfaetorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and ackMw1edged that he executed the same for the purpose therein contained, IN WI1l'JESS WHEREOf, I have sel my band and notarial seal. C{,,~~lM.cJ0 Notary Public My Commission Expires: NOTARIAL SEAL CHRISTINA L NICHOLAS, NOlarj Public Susquetlanna Twp.. Dauphin County M Q9rn.rnission Expires June 20, 2005 r~._:..-- COMMONWEALTH Of PENNSYLVANIA COUNTY OF c.u..~'oe-( \C;,:"."'\.Q: ss: On this, thl' 30~ day of , 2002. bl'fore me. a Notary Public for the Commonwealth of Penns vania. the un rsigned officer. personally appeafl'd PAULA JONES known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the samc for the purpose therein contained, IN WITNESS WHEREOF, I have set my hand and notarial sl'al. ~~~ Q'~"i1TJVJ My Commission Expires: Notarial Seal K1mberiy R. Hanford, Notary PublIc MechInIca6u'll Born, CumlMlrland County My CommIsSion Expires Apr, 4, 2005 ,", ~:'-(' ~ -A ' > ~\ .~< (', > -.:::> ~ ~~ ~ \\ \0\ ~ - ~ ~ 'I-> ~ ~ GJ ..s:-, V'\ <::l\ \ , --:~ ./ c:) ') \_;. r.) ....I ADAM], FURPARt PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-7169 CIVIL ACTION LA W PAULA JONES DEFENDANT IN CUSTODY ORnER OF COURT AND NOW, Friday, May 20,}.Q05 _' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq, , the conciliator, at__,39 West Main ~!!.._e,!,,}':!echanicsbnr~, P A _ t 7~ on Tnesday, June .~,~",2,OO_5._._____ at 8:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot bc accomplishcd, to detine and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or oldcr may also be present at the conference, Failure to appear at the conference may provide grounds for entry of a temporary or penn anent order. The court hereby directs the parties to furnish any and all existing Protection from Ahuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. SlJndav. 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the coul1, 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 HA VE 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 Bedfi.1rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I::,~ ~A'} ~ ):tf)",W ~J S', c ^ F I 1/ _ W _, ,} OF' .> h ~~ ~, ~I 7?lJ:9u, _S<J ac S ~10 J;v.:z /"Z'jr-zMl' ~).-Pi[) ~>() oP S- ~,: ~'1 -,;? ;',}, ,"" n') 'j '.;;.' ,', .' 'L - S RECEIVED JUt 20 ?M\Jft' ADAM J, FURF ARI Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, 01-7169 CIVIL ACTION LAW PAULA JONES Defendant IN CUSTODY ORDER OF COURT ~dAJ ~ AND NOW, this day of , 2005, consideration ofthe attached Custody Conciliation eport, it is ordered and directed as follows: upon 1. The prior Order of this Court dated February 14, 2002 inwrporating the custody stipulation signed by the parties shall continue in effect until the beginning of the 200S-2006 school year, 2, At the beginning of the 200S-2006 school year, the custody provisions of this Order shall become effective and shall replace the prior Order of this Court dated February 14, 2002, 3, The Mother, Paula Jones, and the Father Adam J, Furfari" shall have shared legal custody of Nicolas G, Furfari, born February 14,2000, Each parent shall have: an equal right, to be exercised jointly with the other parent, to make all major non-emergency decllsions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion, With regard to any emergency decisions which must be made, the parent with whom the Child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible, Day-to-Day decisions of a routine nature shall be the responsibility ofthe parent having physical custody at the time, The Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards and birth certificates, Both parties may and are encouraged to attend school conferences and activities, The custodial parent shall keep the other parent fully aware and informed of any successes, difficulties, activities or emergencies in which the Child has become involved, The parties further agree to provide ea,;h other with current information regarding the daycare provider and any other individuals and/or activities when their Child is in the care of an adult other than an activity within the Child's school. The parties agree to have each other listed as an emergency contact with that adult and/or agency, Each party shall notify the other of any event or activity that could reasonably be expected of significant concern to the other parent. 4, The parties shaH equally share having physical custody of the Child in accordance with the following schedule: A, During the school year, the Mother shall have custody of the Child every week from Monday morning until Friday after school/work, and the Father shaH have custody from Friday after school/work through Monday morning when the Father shall transport the Child to schooL In the event the Child is not attending school on a Monday or Friday, the parties shall make arrangements for the Child's care by agreement, B. During the summer school break, the Father shaH have custody of the Child from Sunday evening at 8:00 p,m, through Friday morning at 8:00 a,m, and the Mother shall have custody from Friday morning at 8:00 a,m, through Sunday at 8:00 p,m, Also during the summer school break, each party shall have a one full week period of uninterrupted custody with the Child for vacation, Upon receiving the school calendar each year, the parties shall calculate the number of days each party will have custody under the foregoing school year and summer schedules and identify the additional number of days necessary to allot to either party during the summer to ensure an equal sharing of custody throughout the year without impacting school dates or holidays, 5, The parties shall share or alternate having custody of the Child on holidays as foHows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 5:00 p,m, through Christmas Day at 2:00 p.m" and Segment B, which shall run from Christmas Day at 2:00 p,m, through December 26 at 8:00 p,m, In even numbered years, the Mother shall have custody ofthe Child during Segment A and the Father shall have custody during Segment B, In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B, B. Thanksgiving: The Thanksgiving holiday period shall run from the Wednesday before Thanksgiving at 5:00 p,m, through the Friday after Thanksgiving at 5:00 p,m. The Father shall have custody ofthe Child over Thanksgiving in even numbered years and the Mother shall have custody in odd numbered years, C, Alternating Holidavs: Periods of custody on the alternating holidays shall run from 5 :00 p.m. on the evening before the holiday through 8:00 p,m, on the holiday, In even numbered years, the Mother shall have custody ofth,: Child on New Year's Eve and Day, Memorial Day and Labor Day, and the Father shall have custody on Easter and Independence Day, In odd numbered years, the Father shall have custody of the Child on New Year's Eve and Day, Memorial Day and Labor Day, and the Mother shall have custody on Easter and Independence Day, For purposes ofthis provision, the entire New Year's Eve and Day holiday shall be deemed to fall in the same year as New Year's Eve, The parties agree that the Independence Day holiday may be extended until after the fireworks. D, Mother's Dav/Father's Day: In every year, the Mother shaH have custody of the Child on Mother's Day and the Father shaH have custody of the Child on Father's Day from 9:00 a,m, until 8:00 p,m. E, The holiday custody schedule shaH supercede and Ilake precedence over the regular custody schedule, 6, In the event either party is unavailable to provide care for the Child during his or her period of custody for more than a four hour period, that parent shaH offer the other parent the opportunity to provide care for the Child before contacting third party caregivers, 7. The parties agree to keep each informed of the progress of their Child's education and social adjustments and agree to support each other in the role as parent and to take into account the consensus of the other for the physical and emotional well being of the Child, The parties agree not to impair the other's right to share legal or physical custody ofthe Child, 8, Neither party shall schedule activities or appointments for the Child during the other party's period of custody without the prior consent of the custodial parent, 9, This Order is entered pursuant to an agreement ofthe parties at a custody conciliation conference, The parties may modify the provisions of this Order by mutual consent in a writing signed by both parties, In the absence of written mutual consent, the terms of this Order shall control. BY~T ? Edward E, Guido J, cc: ~ce Foreman, Esquire - Counsel for Father vYaula Jones, Mother "" e s :6 11'1 SZ lnr gOOl AUl/1Ci'\'C+-UDdd 3Hl :dO 3~;:J.!O'(!Jl!:I ADAM J, FURF ARI Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs, 01-7169 CNIL ACTION LAW PAULA JONES Defendant IN CUSTODY Prior Judge: Edward E, Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicolas G. Furfari February 14,2000 MotherlFather 2, A conciliation conference was held on July 14, 200S, with the following individuals in attendance: The Father, Adam J, Furfari, with his counsel, Bruce D, Foreman, Esquire, and the Mother, Paula Jones, who is not represented by counsel in this matter, 3, The parties agreed to entry of an Order in the form as attached. ~ IS; J-OOS' Date cO~~ Dawn S. Sunday, Esquire Custody Conciliator