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HomeMy WebLinkAbout04-3694Carl G. Wass, Esquire Attorney I.D. No. 07268 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendant Amanda M. Ireland TROY A IRELAND, VS. AMANDA M. IRELAND, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3694 CIVIL TERM : CIVIL ACTION LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Amanda M. Ireland, Defendant in the above-captioned case, by her attorney, Carl G. Wass, Esquire, Caldwell & Kearns, P.C., and petitions Your Honorable Court as follows: 1. Your Petitioner is Amand M. Ireland, an adult individual, and natural mother of the hereinafter identified minor child, and your Petitioner resides at 124 West Portand Street, Apartment 26, Mechanicsburg, PA 17055. 2. On September 20, 2004, following a Custody Conciliation Conference before Melissa Peel Greevy, Esquire, Your Honorable Court entered an Order of Court providing for "shared legal custody" by the natural mother and natural father of the minor child, providing for "primary physical custody" of the minor child in the hands of the natural father, and providing for "rights of partial physical custody" in the natural mother of the minor child. A true and correct copy of the said Order of September 20, 2004, is attached hereto, identified as Exhibit "A" and incorporated herein by reference. 3. The minor child who is the subject of the underlying civil action in custody is Kodi T. Ireland, born October 18, 2001. The said minor child currently resides with his natural mother at her residence at 124 West Portland Street, Apartment 26, Mechanicsburg, PA 17055. 4. The Order of Court of September 20, 2004 should be modified and should reflect the current custodial status of the minor child and his parents for the following reasons: a. Following her temporary and misguided relocation of her residence to West Virginia prior to the afore-mentioned Order of Court of September 20, 2004, your Petitioner returned to Pennsylvania and in or about December 2004 resumed cohabitation with her former husband, natural father of the minor child, and the minor child, at the home of her former husband at 131 East Locust Street, Mechanicsburg, PA 17055. b. During the period from December 2004 to March 27, 2006, your Petitioner, the natural father and the minor child resided together at 131 East Locust Street; however, on March 27, 2006, Your Petitioner left the stated premises. c. On April 1, 2006, your Petitioner secured her current place of residence and has resided continuously at said residence at 124 West Portland Street, Apartment 26, Mechanicsburg, PA 17055 to the present date. d. On or about May 13, 2006, and with the consent and approval of the natural father of the minor child, the minor child came to live with your Petitioner at her current residence, and since that date, your Petition has served as the primary custodian and caregiver for the minor child, subject, nevertheless, to reasonable arrangements between the natural mother and natural father whereby the natural 3 father and the minor child would continue to have appropriate periods of physical contact; physical custody in the company of each other. e. Your Petitioner has, with the assistance of her family, restructured and rededicated her life to meaningful and positive pursuit, specifically, your Petitioner has secured part time, gainful employment and has enrolled in a concentrated educational program at Computer Learning Network seeking to become certificated as a Medical Assistant. 5. Your Petitioner truly believes and therefore avers that the best interest of the minor child, Kodi T. Ireland, will be served by continuing to maintain the shared legal custody of said minor child by both of his parents, Troy A. Ireland and Amanda M. Ireland, but that primary physical custody of Kodi would best serve his interests if it were placed in the hands of your Petitioner, subject, of course, to rights of partial custody on the part of Troy A. Ireland, natural father. Respectfully submitted: Date: Oc?-?,Zc-'cn(:, 107225 Carl G. Wass, Esqu4*e CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Amanda M. Ireland 4 /? Exhi bit $EP 16 2004 TROY A. IRELAND, Plaintiff V. AMANDA M, IRELAND, Defendant GUIDO, J. --- IN THE COUNT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-3694 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this e96 day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed a's follows: 1. This Order VACATES and replaces all prior-Orders entered in this matter. 2. Legal Custody, The parents, Troy A. Ireland and Amanda M. Ireland, shall have shared legal custody of the minor child, Kodi Tyler Ireland, born October 18, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions. regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent, Both parents shall be entitled to full participation in all educational and medicalltreatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures,. extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 3. Physical Custody. - The Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. Effective September 19, 2004, on alternating weekends, from Sunday at 7:00 p.m. until Tuesday at 7:00 p.m. EXH[Off A NO. 04-3094 CIVIL TERM B. One evening during the week with no less than twenty-four (24) hours notice. C. At such other times as the parties' may agree. 4, Transportation. The Mother shall provide all transportation incident to her periods of custody. 51 Holidavs. The fallowing holiday schedule shall supercede the regular schedule: A. Father shall have oustody for Father's Day, Easter and Independence Day, B. Mother shall have custody for Mother's Daly, Labor Day, Memorial Day and New Years Day. C. The parties shall share Thanksgiving Day and Christmas Day by an alternating AIB schedule. Segment A shall be from 8:00 a.m. until 2:00 p.m. Segment B shall be from 2:00 p.m. until 9:00 p.m. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mather shall have Segment A and Father shall have Segment B. 0. 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. BY T COURT: Edward E. Guido, J. Dist: William L. Grubb, Esq., 3$03 Gettysburg Road, Camp Hill, PA 17011 RECORD Andrew C. Spears, Esq., R.Q, Box 5300, Harrisburg, IAA 17110-0300 C0 T,R whe epF, l "e to set my hat in Testimony arl?l , pa, a thy. seai f, td CoU,- : - 7 }.. VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. § 4904 relating to unsworn falsification to authorities. 1 ? L31 Date Amanda M. Irelan ??Z -?; ,__t ,. -- -' ? ..; i' ? ? ?. _ ?? ?. R+ ?' TROY A. IRELAND, Plaintiff V. AMANDA M. IRELAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.o y- ,3(0 9(G CIVIL TERM IN LAW - CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is TROY A. IRELAND, residing at 131 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is AMANDA M. IRELAND, residing at 131 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks primary custody of the following child: Name Present Residence Age Kodi Tyler Ireland 131 East Locust Street 3 yrs d.o.b. 10-18-01 Mechanicsburg, PA 17055 The child Kodi Tyler Ireland was born of the marriage on October 18, 2001. The child is presently in the custody of Plaintiff and Defendant, who reside separate but apart, at 131 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons Address Dates Troy A. Ireland 131 East Locust Street 10/18/01 /present Amanda M. Ireland Mechanicsburg, PA 17055 The Mother of the child is Amanda M. Ireland, currently residing at 131 East Locust Street, Mechanicsburg, PA 17055 She is married. The father of the child is Troy A. Ireland., currently residing at 131 East Locust Street, Mechanicsburg, PA 17055 He is married. 4. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons: Name Kodi Tyler Ireland Relationship Son 5. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons: Name Relationship Kodi Tyler Ireland Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. d. Order that neither party shall remove the child from the Commonwealth of Pennsylvania until such further order of the Court. 9. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Wherefore, plaintiff requests the court to grant him primary and legal custody of the child. Plaintiff further requests any other relief that is just and proper. )D?- 7S4 zbl> II William L. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, TROY A. IRELAND, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: 7/a? ,h k V ? Troy A. Ireland, Plaintiff "Ilk 1 / 4 O m r? 1 .y c.l G. i - _ 1 1 r.) dr r) r? c.; fn T C?) O A zj ?. LS - TROY A. IRELAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.Qy?J?f CIVIL TERM AMANDA M. IRELAND, Defendant/Respondent: IN LAW - CUSTODY EX-PARTE PETITION FOR EMERGENCY RELIEF AND NOW, comes TROY A. IRELAND, the Petitioner, by and through his attorney, William L. Grubb, Esquire, and files the following Ex-Parte Petition for Emergency Relief, pursuant to Pa. R.C.P. 1915.13, and averring as follows: 1. That Petitioner, TROY A. IRELAND, (Father) is an adult individual with a residence of 131 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Respondent, AMANDA M. IRELAND, (Mother) is an adult individual who presently resides at 131 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties hereto are the natural parents of the following minor child; KODI TYLER IRELAND, age 3, born October 18, 2001. 4. A Complaint For Custody has been filed to the above caption and number by the Petitioner. Defendant/ Respondent has not been served with a copy of the Complaint as of this time. 5. A time and date for the Custody Conference has not been determined. 6. Heretofore no Order of Court has been issued pertaining to the custody of the minor child, Kodi Tyler Ireland. 7. The Petitioner, and his parents, have regular and continued contact with the minor child Kodi Tyler Ireland, and have developed a warm and loving relationship with him. 8. The Petitioner, Troy A. Ireland, has formed a long standing and loving relationship with his son, Kodi Tyler Ireland. 9. Defendant has recently filed a Compliant in Divorce; Amanda M. Ireland v. Troy A. Ireland, No. 04-3272, Cumberland County. Filed July 7, 2004. 10. The Respondent, Amanda M. Ireland, is involved in a relationship with another individual, who is residing outside of this Commonwealth, and; i.) The defendant has been spending weekends visiting Brad Wilt, incarcerated in West Virginia, believed to be in the Jefferson County Prison. ii.) It is believed that Brad Wilt will soon be released from prison, iii.) The defendant has been exchanging letters with Brad Wilt. iv.) The defendant knows Brad Wilt and had an intimate relationship with him prior to her current marriage to the Plaintiff. v.) The defendant is inquiring into rental properties and making plans to relocate to Leesburg, Virginia. vi.) The defendant has stated that she is going to relocate to Virginia and her intention is to remove the child from this state, all to the detriment of the child and the Father's parental rights. 11. The Petitioner fears that Respondent will remove the child from the Commonwealth before he has the opportunity to litigate the custody issues. 12. The Petitioner reasonably fears that respondent may immediately relocate out of the Commonwealth upon being served with the Complaint in Custody. 13. Plaintiff/Petitioner believes that the child will suffer undue harm and distress if the Mother is permitted to relocate and remove the child from the Commonwealth until such time as this Court is able to conduct a full and fair hearing on the matter. 14. The Father requests an Order as follows: a) Prohibit and restrain either party from removing the child from the Commonwealth WHEREFORE, your Petitioner respectfully requests this Honorable Court to issue an Order prohibiting and restraining either party from removing the child from the Commonwealth of Pennsylvania. Respectfully submitted, Date: 1 S,K . W liam L. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff / Petitioner VERIFICATION I, TROY A. IRELAND, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: ?/y/o T ?J?e Troy A. reland, Plaintiff 1 Petitioner W Q t r F C' ' hJ C' r- -r) N N r) -n rim' T ("Z• 4 L) ri "17 JUI 2 8 2004 V TROY A. IRELAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ©f-3 rv9,1/ CIVIL TERM AMANDA M. IRELAND, Defendant/Respondent: IN LAW - CUSTODY TEMPORARY RESTRAINING ORDER AND NOW, this d ?? ay of j wj 2004, upon consideration of the herein Petition For Emergency Relief, it is hereby Ordered and Decreed that both parties shall be restrained from removing the minor child , KODI TYLER IRELAND, from the Commonwealth of Pennsylvania, until further Order of this Court. td 1, Je. &1y bn) }??S M?.i trt. /5 Sol ed%le.d Folk A ado ,,* 3.•wep.04 . BY' J. copy Af? ?OPy ?hQrlpal /7/rtanda ??? 4.zl TROY A. IRELAND : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA M. IRELAND : NO. 2004-3694 CIVIL TERM ORDER OF COURT AND NOW, this 3RO day of AUGUST, 2004, by agreement of the parties the hearing scheduled for August 2, 2004, is continued generally. Our order of July 28, 2004, shall remain in full force and effect until a hearing on the merits or further agreement of the parties. h. (tuldo, J. VWilliam L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, Pa. 17011 7 ,Amanda M. Ireland 131 East Locust Street Mechanicsburg, Pa. 17055 :sld 7 1-) •di`V v'1 ?1 C\"\" ai34Flt !il LZ TROY A. IRELAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 04-3694 CIVIL TERM AMANDA M. IRELAND, Defendant :IN LAW - CUSTODY PROOF OF SERVICE BY MAIL I hereby certify that a true and correct copy of the Complaint for Custody filed in the above matter, was served on AMANDA M. IRELAND by prepaid, first class, certified mail, return receipt requested, deliver to addressee only, at 131 East Locust Steet, Mechanicsburg, PA, 17055, on July 29, 2004. Addressee acknowledged receipt of the same on August 2, 2004, as shown by the return receipt card attached hereto as Exhibit "A". I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: y 14 William L. Grubb, Esquire v I.D. 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 B, Exhibit "A" SIT c: n,? 1.. C.: TROY A. IRELAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3694 CIVIL ACTION LAW AMANDA M. IRELAND IN CUSTODY DEFENDANT ORDER OF COURT Thursday , Au ust 05, 2004 , upon consideration of the attached Complaint, AND NOW, P. Greew Esq. the conciliator, it is hereby directed that parties and their respective counsel appear before as Melissa September 09, 2004 at 10:30 AM at 301 Market Street, Lemoyne, PA 17043 on for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also e present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary permanent 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, mhc By: /sl a relissa n reev^4 W - 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 ? ??? ?r ?o_s ? .? ? ? ? ?; ? 1 r.?? ??n S 1 ?? ??d S- `?;iV hO?Z ??i-i_n. v- SEP 16 2004 TROY A. IRELAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-3694 CIVIL TERM V. AMANDA M. IRELAND, Defendant GUIDO, J. --- CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Order VACATES and replaces all prior Orders entered in this matter. 2. Legal Custody. The parents, Troy A. Ireland and Amanda M. Ireland, shall have shared legal custody of the minor child, Kodi Tyler Ireland, born October 18, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, back-to-school night, and the like. 3. Physical Custody. The Father shall have primary physical custody subject to Mother's rights of partial custody which shall be arranged as follows: A. Effective September 19, 2004, on alternating weekends, from Sunday at 7:00 p.m. until Tuesday at 7:00 p.m. NO. 04-3694 CIVIL TERM B. One evening during the week with no less than twenty-four (24) hours notice. C. At such other times as the parties' may agree. 4. Transoortation. The Mother shall provide all transportation incident to her periods of custody. 5. Holidays. The following holiday schedule shall supercede the regular schedule: A. Father shall have custody for Father's Day, Easter and Independence Day. B. Mother shall have custody for Mother's Day, Labor Day, Memorial Day and New Years Day. C. The parties shall share Thanksgiving Day and Christmas Day by an alternating A/B schedule. Segment A shall be from 8:00 a.m. until 2:00 p.m. Segment B shall be from 2:00 p.m. until 9:00 p.m. In even numbered years, Father shall have Segment A and Mother shall have Segment B. In odd numbered years, Mother shall have Segment A and Father shall have Segment B. 6. 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. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. BY T COURT: Edward E. Guido, Dist: illiam L. Grubb, Esq., 3803 Gettysburg Road, Camp Hill, PA 17011 ,Xndrew C. Spears, Esq., P.O. Box 5300, Harrisburg, PA 17110-0300 a?"0 ,-;I Qi', dJ diJ?Z TROY A. IRELAND, Plaintiff V. AMANDA M. IRELAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3694 CIVIL TERM 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 child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Kodi Tyler Ireland October 18, 2001 Father 2. The parties' first Custody Conciliation Conference was held on September 9, 2004, with the following individuals in attendance: the Father, Troy A. Ireland, and his counsel, William L. Grubb, Esquire; the Mother, Amanda M. Ireland, and her counsel, Andrew C. Spears, Esquire. 3. The parties reached an agreement in the f7f an Order as attached. ate Melissa Peel Greevy, Esquire Custody Conciliator :235153 TROY A. IRELAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3694 CIVIL ACTION LAW AMANDA M. IRELAND IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 12, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, November 17, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or 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 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/ Melissa P. Greeiy, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 ?Q? ?? ? ?? ?? ??"? ' f ? ??? _, ?.,:-, ?. n i r y`} ? ? i i??ii t,? ?s ? i.. t r. `* ..... ftt?J.. «C a ?? J _iY? ? ??.Yi '? Debra R. Mehaffie, Esquire Scaringi & Scaringi, P.C. I.D. No. 90951 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Tele: (717) 657-7770 Fax: (717) 657-7797 debraka scaringilaw.com Counsel for Amanda M. Ireland TROY A. IRELAND, VS. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA AMANDA M. IRELAND Defendant : NO. 04-3694- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Defendant / Petitioner AMANDA M. IRELAND, by and through her attorneys, Debra R. Mehaffie, Esquire and Scaringi & Scaringi, P.C. and respectfully requests that the current child custody order in the above-captioned matter be modified and in support thereof avers as follows: The Petitioner is Amanda M. Ireland (hereinafter "Mother"), an adult individual, who currently resides at 26 Winding Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.She is the natural mother of the subject minor child. 2. The Respondent is Troy A. Ireland (hereinafter "Father"), an adult individual, who currently resides at 4799 Crown Avenue, Harrisburg, Dauphin County, Pennsylvania 17109. He is the natural father of the subject minor child. 3. The subject minor child is Kodi T. Ireland, born October 18, 2001. The child is in Mother's primary custody and resides at 26 Winding Hill Drive, Mechanicsburg, Pennsylvania 17055. 4. On December 1, 2006, following a Custody Conciliation Conference before Melissa Peel Greevy, Esquire, this Court entered an Order of Court, which provided the parties with shared legal custody and set forth a schedule of physical custody as follows: A. The paternal grandmother shall babysit Kodi from 4:30 p.m. on Monday when she retrieves Kodi from Mother until Tuesday morning when Father takes him to school at 8:30 a.m. Kodi will be in the custody of Mother from Tuesday from 11:30 a.m. until 4:30 p.m. when he is picked up by the paternal grandmother until 8:00 p.m. when the material grandmother will babysit Kodi. B. Mother will have custody of Kodi commencing at 10:00 p.m. on Tuesday. C. Mother will have custody of Kodi on Wednesdays, Thursdays, and Fridays until 10:30 p.m. D. Father will have custody of Kodi commencing 10:30 p.m. on Friday until Monday when Father takes Kodi to preschool. E. Mother will pick up Kodi from preschool at 11:30 a.m. on Monday and keep him until 4:30 p.m. This schedule will repeat itself each week, with the exception of the second Sunday of the month, when Mother's custody will continue through the weekend until Sunday at 2:00 p.m. The preceding schedule considers both parents' work schedules which are anticipated to continue for the next 12 months. A true and correct copy of the said Order of December 1, 2006 is attached hereto, identified as Exhibit "A" and incorporated herein by reference. 5. Mother respectfully submits that the Order of Court dated December 1, 2006 should be modified because the schedule of custody set forth in the Order does not make sense given the current circumstances and is not in Kodi's best interest: A. Mother and Father's work schedules have changed since entry of the Order of Court on December 1, 2006. Father works mainly at night and Mother works daylight hours. B. The parties agree that a modified schedule of custody is necessary and appropriate given recent change of circumstances. C. Kodi is involved in swimming and tutoring and Mother is mainly responsible for getting Kodi to his activities. D. Kodi thrived in Cumberland County school district where he attended previously. E. Kodi's paternal grandmother no longer babysits him. Mother and Father have agreed that it is not in Kodi's best interests to be cared for by his paternal grandmother. F. Kodi's best interests will be served by awarding Mother primary physical custody and Father generous periods of partial custody. 6. Mother believes that Mother and Father will be able to enter into an agreement with respect to custody that can be entered as a Stipulation Agreement with the Court. However, in the event that an agreement is not reached, Mother requests that an Order be entered granting primary custody to her and periods of partial physical custody to Father alternating weekends consisting of Friday at 6:00 p.m. until Sunday at 6:00 p.m. and reasonable periods of time during holidays and over the summer. WHEREFORE, Mother respectfully requests this Honorable Court to enter a Stipulation Agreement with respect to custody of the minor child, Kodi T. Ireland, if an agreement can be reached. Alternatively, Mother respectfully requests that this Court enter and Order granting primary physical custody of the minor child to her and periods of partial physical custody to Father, alternating weekends consisting of Friday at 6:00 p.m. until Sunday at 6:00 p.m., and additional time during the holidays and summer. Date: ?0Y U 1111 W "%'"1111r ,1, 1 .V. 00 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Counsel for Amanda M. Ireland Respectfully submitted: TROY A. IRELAND, Plaintiff vs. AMANDA M. IRELAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3694- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, Amanda M. Ireland, verify that the statements made in the foregoing Petition to Modify Custody are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: t?";57 .0 9 Amanda M. Ireland, Defendant Exhibit "A" TROY A\IRED, Plaintiff V. AMANDA M. IRELAND, Defendant GUIDO, J. --- 7 Nov 30M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3694 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT ,AND NOW, this ? day of , 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Order VACATES the Order of September 20, 2004 and replaces all prior Orders entered in this matter. 2. Legal Custody. The parents, Troy A. Ireland and Amanda M. Ireland, shall have shared legal custody of the minor child, Kodi Tyler Ireland, born October 18, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of?e other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, child's parties, musical presentations, 'back-to-school night, and the like. 3. Physical Custody. In the absence of an agreement to the contrary, the parties shall adhere to the following custodial schedule: NO, 04-3694 CIVIL TERM A. The paternal grandmother shall babysit Kodi from 4:30 p.m. on Monday when she retrieves Kodi from Mother until Tuesday morning when Father takes him to school at 8:30 a.m. Kodi will be in the custody of Mother on Tuesday from 11:30 a.m. until 4:30 p.m. when he is picked up by the paternal grandmother until 8:00 p.m., when the maternal grandmother will babysit Kodi. B. Mother will have custody of Kodi commencing at 10:00 p.m. on Tuesday. C. Mother will have custody of Kodi on Wednesdays, Thursdays and Fridays until 10:30 p.m. D. Father will have custody of Kodi commencing 10:30 p.m. on Friday until Monday when Father takes Kodi to preschool. E. Mother will pick up Kodi from preschool at 11:30 a.m. on Monday and keep him until 4:30 p.m. This schedule will repeat itself each week, with the exception of the second Sunday of the month, when Mother's custody will continue through the weekend until S-unday at 2:00 p.m. The preceding schedule considers both parents' work and school schedules which are anticipated to continue for the next 12 months. 4. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 5. Transportation. The parties will share transportation incident to custodial exchanges. 6. The following holiday schedule shall supercede the regular schedule: A. Thanksgiving. Father will have custody in even-numbered years. Mother will have custody in odd-numbered -years. B. Christmas. The custodial schedule for 2006 and 2007 will be the same in that Mother will have custody from December 24th at 4:00 p.m. until December 25th at 8:00 a.m. Father will have custody from December 25th at 8:00 a.m. until December 26th at 11:30 a.m. 1\10: 04-3694 CIVIL TERM C. New Year's Eve/New Year's Day. The custodial schedule for these holidays in 2006 and in 2007 shall remain the same. Mother will have custody from December 31st at 4:00 p.m. through January 1St at 8:00 a.m. Father will have custody from January 1st at 8:00 a.m. until January 2nd at 11:30 a.m. D. Independence Day. Father will have custody for Independence Day each year commencing July 4th at 9:00 a.m. until July 5th at 11:30 a.m. E. Easter. Mother will have custody each year from Sunday at 10:30 a.m. until Monday. 7. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and.or-ho se guests comply with this prohibition. '" BY THE Edward E. Guido, J. Dist: William L. Grubb, Esquire, 3803 Old Gettysburg Road, Camp Hill, PA 17011 Carl G. Wass, Esquire, 3631 N. Front Street, Harrisburg, PA 17110-1533 !Y? pa. / ?? TROY A. IRELAND, V. AMANDA M. IRELAND, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3694 CIVIL TERM Plaintiff CIVIL ACTION - LAW IN CUSTODY Defendant 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 THE CUSTODY OF Kodi Tyler Ireland October 18, 2001 Father 2. Mother filed a Petition for Modification of Custody Order on October 4, 2006. A Custody Conciliation Conference was scheduled for November 17, 2006. Attending the conference were: the Father, Troy A. Ireland, and his counsel, William L. Grubb, Esquire; the Mother, Amanda M. Ireland, and her counsel, Carl G. Wass, Esquire. 3. The parties reached an agreement in Date an Order as attached. Melissa Peel Greevy, Custody Conciliator :287551 TROY A. IRELAND, vs. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA AMANDA M. IRELAND Defendant NO. 04-3694- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C. do hereby certify that on this, the a44 day o Hwk-, 2009, I served a true and correct copy of the foregoing Petition to Mods Custody upon the following individual by way of First Class Mail, Postage Prepaid: Troy A. Ireland 4799 Crown Avenue Harrisburg, PA 17109 zoo, ?-Alwk Date Amanda L. Emerson ?? s ?( ??> ?,, ?. C ?•- ? ? ?'?? ? o. ? ?_ ? ?? ? .A i W TROY A. IRELAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-3694 CIVIL ACTION LAW AMANDA M. IRELAND DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 10, 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 Tuesday, April 14, 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. Sunda Es q. 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 680Z TROY A. IRELAND, Plaintiff -v- AMANDA M. IRELAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3694 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY . STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, this 1? day of VGIl 20og, TROY A. IRELAND (hereinafter referred to as "FATHER"), and AMANDA M. IRELAND (hereinafter referred to as "MOTHER"), stipulate and agree to the entry of an Order of Court which shall modify and replace all prior Orders entered in this matter, as follows: 1. The parents agree to share legal custody of the minor child, Kodi Tyler Ireland, born October 18, 2001. The parents agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the children's best interests. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her 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 children 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. Section 5309, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor, or other professional and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. Mother shall have primary physical custody of the minor child. Father shall enjoy liberal periods of partial physical custody in accordance with the following schedule: a.) Alternating weekends consisting of Friday at 6: oo PM until Sunday at 6: oo PM; b.) Alternating Mondays (following Mother's weekend) from after the child is excused from school until 8:oo PM; and c.) At other times agreed to by the parties. 3. Holidays: The parents agree to the following schedule: (a) Thanksgiving - Father will have custody in even numbered years. Mother will have custody in odd numbered years. (b) Christmas -Father will have custody from December 24th at 4:00 PM until December 25th at 8: oo AM. Mother will have custody from December 25th at 8: oo AM until December 26th at 11:3o AM. (c) New Years Eve / New Year's Day -Father will have custody from December 31St at 4:00 PM through January 1St at 8:oo AM. Mother will have custody from January 1St at 8:oo AM until January 2nd at 11:3o AM. (d) Easter -Mother shall have Easter in 20o9 and in all odd years thereafter and Father shall have Easter in 201o and in all even years thereafter. The Easter 2 secured with a seat belt when traveling in a vehicle. 7. The parties acknowledge that Kodi participates in certain extra-curricular activities, including swimming, tutoring, and tai kwon do. The parties agree that it is in the best interests of the Kodi to continue with these activities. The parents agree to provide to each other with schedules for practices, games, meets, and award ceremonies associated with these activities. Each parent shall ensure that the child attends all practices, games and associated ceremonies during their periods of custody. Neither parent shall sign up the child for new activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably withheld. 8. The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the regular parenting schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular parenting schedule. 9. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and / or houseguests comply with this prohibition. 1o. Each parent shall be entitled to reasonable telephone and e-mail communication 4 with the child when in the custody of the other parent. 11. Both parents agree to establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Communication should always take place directly between the parents, without using the child as an intermediary. 12. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Mother has been represented in this matter by Debra R. Mehaffie Esquire, and Father has chosen to represent himself. Father acknowledges that he has had adequate time to have counsel of his choosing represent him and advise him in this matter and explain what each provision of this Agreement means. By executing this Agreement Father is indicating that he is entering in this Agreement with full understanding of its meaning and interpretation and without any duress whatsoever. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 13. The parents agree that this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. The parties agree that it is their intention that this Custody Agreement be effective upon signature of both parties. It is also the intention of the 5 parties that this Agreement be confirmed by an Order of Court, without requiring their presence before this Court, pursuant to Pa. Rule of Civil Procedure 1915.7. However, the validity of this Agreement is not contingent upon the Court's approval and shall take effect upon execution of the parties. 14. The parties hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders concerning custody of the minor child and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation consisting of six (6) pages for Entry of a Custody Order on the date indicated below. 3 Date itness TRO .IL- ND Date itness AMANDA M. IRELAND 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . ss. On this 1--14-k- day of 2009 before me, the undersigned officer, personally appeared TROY A. IRELAND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public 410? mom oftl I?NM?MMM'i?! IO?Iw1001N11Y O?MNM ?rlt ? ?1! 7 COMMONWEALTH OF PENNSYLVANIA . . SS. COUNTY OF DAUPHIN On this /5 j day of c , 2009, before me, the undersigned officer, personally appeared AMANDA M. IRELAND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged th ex cuted the same for the purposes therein contained. otary hM?'? 46 N F104:0 ONAh- COLO" 40:. ? t iNM?? rWrN YTNYO? MMIwINYA !fit ? f CD MAR 2 0 2000 G, TROY A. IRELAND VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-3694 CIVIL ACTION LAW AMANDA M. IRELAND Defendant IN CUSTODY ORDER AND NOW, this 17th day of March, 2009 , the conciliator, being advised by Plaintiff s counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for April 14, 2009 is cancelled. FOR THE COURT, Lz"'4 O-L? Dawn S. Sunday, Esquire Custody Conciliator C7 r"' t_ r§ MAR 2 6 20096 TROY A. IRELAND, Plaintiff VS. AMANDA M. IRELAND Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3694- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER - fo? "j AND NOW, this day of 2009, upon consideration of the Stipulation for Entry of Custody Order filed to the above-captioned docket, the Court hereby incorporates the Custody Stipulation by reference into this Order of Court. BY ,Judge Distribution: Court Administration /ebra R. Mehaffe, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, (717) 657- 7770 phone, (717) 657-7797 fax, debrana scarinilaw com, Attorney for Amanda. M. Ireland, Defendant ,/Tlr,oy A. Ireland, 4799 Crown Avenue, Harrisburg, PA 17109, Plaintiff ? ? ) t .... .. f y _, . l .. .mo ?z. N c-j TROY A. IRELAND, PLAINTIFF VS. AMANDA M. IRELAND, DEFENDANT IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2004-3694 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY C7 _1:? r o-) N r NOTICE TO DEFEND AND CLAIM RIGHTS .s:, CJ 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 Petition and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiff. You may lose 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 ((717) 240-6200 pVl *10.00 Pd &%4 ek* 11A °I ".257/57 TROY A. IRELAND, PLAINTIFF VS. AMANDA M. IRELAND, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2004-3694 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes the Plaintiff, TROY A. IRELAND, by and through his counsel, Susan Kay Candiello, Esquire, and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is TROY A. IRELAND, who currently resides at 4799 Crown Avenue, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant (hereinafter sometimes referred to as "Mother") is AMANDA M. IRELAND, who currently resides at 26 Winding Hill Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks Shared Legal and Primary Physical Custody of the following child: Name KODI T. IRELAND Present Residence 26 Winding Hill Drive Mechanicsburg, PA 4. The child was born during the parties' marriage. Date of Birth October 18, 2001 5. During the past five (5) years the child has resided with the following persons at various times, at the following addresses: PERSONS ADDRESS DATES Plaintiff Mechanicsburg, PA 2004 to 2005 Plaintiff and Defendant Mechanicsburg, PA 2005 to 2009 Defendant 26 Winding Hill Drive 2009 to Present Mechanicsburg, PA 6. The mother of the child is Defendant whose current address is 26 Winding Hill Drive, Mechanicsburg, PA. Mother does not reside with any additional individuals. 7. Plaintiff and Defendant were married, but are divorced. 8. The Father of the child is Plaintiff, who currently resides at 4799 Crown Avenue, Harrisburg, Dauphin County, Pennsylvania, 17109. Father resides with his girlfriend, Misty Klinesmith. 9. The relationship of the Plaintiff to the child is that of natural father. 10. The relationship of the Defendant to the child is that of natural mother. 11. Plaintiff has participated as a party in a prior custody agreement concerning the custody of the child in this court. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 2004 -3694, the result was a custody order which is attached hereto and made a part :hereof as Exhibit "A". 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Mother is not able to cope with the child, Mother routinely contacts Father on numerous occasions requesting his assistance in caring for the child. Mother has even had to resort to contacting the police to assist her to cope with the child; B. Father is able to provide the stable and nurturing environment in which the child does not experience any of the problems and drama which the child experiences while in Mother's care; C. While with Mother, the child has attended a new school each year he has been residing primarily with his Mother. The child's grades and behaviors in school have been continually deteriorating while Mother has had primary physical custody of the child. The child is frequently late and/or absent from school when the child is with Mother. Mother requires the child to get up, make himself breakfast and get to school on his own, while she is asleep; D. Mother does not participate regularly in the child's activities; E. The child does not want to be with Mother and frequently requests to be with Father; F. The child has stated to Father on numerous occasions, he does not feel safe at Mother's home; G. Father is very concerned about the physical and psychological well being and safety of the child while in the care of Mother. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, TROY A. IRELAND, requests this Honorable Court grant the Plaintiff, TROY A. IRELAND, FULL LEGAL CUSTODY of the minor child, KODI T. IRELAND, with PRIMARY PHYSICAL CUSTODY to the Plaintiff, TROY A. IRELAND, and PARTIAL PHYSICAL CUSTODY to the Defendant, AMANDA M. IRELAND, of the minor child, KODI T. IRELAND. Respectfully submitted, LAW FIRM OF SVS,AN KAY CANDIELLO, P.C. Dated: April, 2011 Susan'Kay Candiello, Counsel for Plainti PA I.D. # 64998 4010 Glenfinnan lac Mechanicsburg PA 7055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: TROY ALA LAND EXHIBIT "A" HAR26ZOI96? TROY A. IRELAND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-3694- CIVIL TERM AMANDA M. IRELAND : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER 7 40? M Vj"' AND NOW, this day of , 2009, upon consideration of the Stipulation for Entry of Custody Order filed to- the above-captioned docket, the Court hereby incorporates the Custody Stipulation by reference into this Order of Court. BY , Judge Distribution: Court Administration Debra R. ivlehaffie, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110, (717) 657- 7770 phone, (717) 657-7797 fax, debra(cr?,scaringilaw.com, Attorney for Amanda ivl. Ireland, Defendant Troy A. Ireland, 4799 Crown Avenue, Harrisburg, PA 17109, Plaintiff fly wlkaom-", l 110ta unto Set lily haw ;;; of sg""A 0014101 P-4. 1 TROY A. IRELAND, : IN THE COURT OF COMMON PLEAS QF Plaintiff : CUMBERLAND COUNTY, PENNSTtVA',M ?" -v- : NO. 04-3694 CIVIL TERM -F `- AMANDA M. IRELAND, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER 1 AND NOW, this IVday of 2009, TROY A. IRELAND (hereinafter referred to as "FATHER"), and AMANDA M. IRELAND (hereinafter referred to as "MOTHER"), stipulate and agree to the entry of an Order of Court which shall modify and replace all prior Orders entered in this matter, as follows: 1. The parents agree to share legal custody of the minor child, Kodi Tyler Ireland, born October 18, 2001. The parents agree that major decisions concerning their children, including, but not necessarily limited to, the children's health, welfare, education and upbringing shall be made by them jointly, after discussion and consultation with each other, iwith a view toward obtaining and following a harmonious policy in the children's best interests. Each parent agrees not to impair the other parent's rights to shared legal custody of the child. Each parent agrees not to attempt to alienate the affections of the children from the other parent. Each parent shall notify the other of any activity or circumstance concerning his or her 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 children 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. Section 53og, each parent shall be entitled to complete and full information from any doctor, dentist, teacher, counselor, or other professional and to have copies of any reports or information given to either of them as a parent as authorized by statute. 2. Mother shall have primary physical custody of the minor child. Father shall enjoy liberal periods of partial physical custody in accordance with the following schedule: a.) Alternating weekends consisting of Friday at 6: oo PM until Sunday at 6: oo PM; b.) Alternating Mondays (folloi.%4ng Mother's weekend) from after the child is excused from school until 8:oo PM; and c.) At other times agreed to by the parties. 3. Holidays: The parents agree to the following schedule: (a) Thanksgiving - Father will have custody in even numbered years. Mother will have custody in odd numbered years. (b) Christmas -Father will have custody from December 24th at 4:00 PM until December 25th at 8: oo AM. Mother will have custody from December 25th at 8: oo AM until December 2601 at 11:3o AM. (c) New Years Eve / New Year's Day -Father gill have custody from December 31St at 4:00 PM through January 1St at 8:oo AM. Mother will have custody from January 1St at 8:oo AM until January 2nd at 11:3o AM. (d) Easter -Mother shall have Easter in 20og and in all odd years thereafter and Father shall have Easter in 2010 and in all even years thereafter. The Easter 2 holiday is defined as the Friday before Easter at 6:0o PM until Easter Sunday at 6:0o PM. (e) Mother's Day and Father's DaX -MOTHER shall have Mother's Day and FATHER shall have Father's Day each year. The hours shall be from the Saturday before the holiday at 6:0o p.m. until Sunday at 6:0o p.m. (f) Memorial Dgy -MOTHER shall have the Memorial Day in 2oo9 and in all odd years thereafter, and FATHER shall have the Memorial Day n 201o and in all even years thereafter. The times shall be from 9:0o AM until 6:0o PM. (g) The Fourth of Jl?ltl - FATHER shall have the Fourth of July in 2009 and in all odd years thereafter, and MOTHER shall have the Fourth of July in 201o and in all even years thereafter. The times shall be from 9:0o AM until 6:0o PM. (h) Labor Day ---MOTHER shall have the Labor Day in 2oo9 and in all odd years thereafter, and FATHER shall have the Labor Day in two and in all even years thereafter. The times shall be from 9:0o AM until 6:0o PM. 4. Summer/Vacation -The parents agree that they shall both have the opportunity to have two (2) weeks of summer vacation time with the child each year. These weeks can be consecutive or nonconsecutive. The parents agree to give each other thirty (30) days written notice of their chosen weeks. In the event both parents choose the same week(s), the parent who gives first notice shall prevail. 5. The holiday and vacation schedules shall take precedence over the regular custody schedule. 6. Transportation to effectuate the custody provisions of this Agreement shall be shared with the party obtaining custody proAding transportation. The child shall always be 3 secured with a seat belt when traveling in a vehicle. 7. The parties acknovdedge that Kodi participates in certain extra-curricular activities, including swimming, tutoring, and tai kwon do. The parties agree that it is in the best interests of the Kodi to continue with these activities. The parents agree to provide to each other with schedules for practices, games, meets, and award ceremonies associated with these activities. Each parent shall ensure that the child attends all practices, games and associated ceremonies during their periods of custody. Neither parent shall sign up the child for new activities that fall on the other parent's period of custody without the consent of the other parent, which consent shall not be unreasonably Anthheld. 8. The parents agree to permit and support the children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with the regular parenting schedule resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the children which might interfere with the regular parenting schedule. 9. During any period of custody or visitation the parties to this Order shall not possess or use non-prescribed controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likes-Ase ensure, to the extent possible, that the other household members and / or houseguests comply with this prohibition. io. Each parent shall be entitled to reasonable telephone and e-mail communication 4 with the child ivhen in the custody of the other parent. 11. Both parents agree to establish a no-conflict zone for their child and refrain from making derogatory comments about the other parent in the presence of the child and, to the extent possible, shall not permit third parties from making such comments in the presence of the child. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Communication should always take place directly between the parents, iN4thout using the child as an intermediary. 12. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Mother has been represented in this matter by Debra R. Mehaffie Esquire, and Father has chosen to represent himself. Father acknowledges that he has had adequate time to have counsel of his choosing represent him and advise him in this matter and explain what each provision of this Agreement means. By executing this Agreement Father is indicating that he is entering in this Agreement with full understanding of its meaning and interpretation and without any duress whatsoever. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. 13. The parents agree that this Stipulation shall be submitted to the Court of Common-Pleas of Cumberland County, Pennsylvania, for approval and for entry of an Order awarding custody as set forth herein. The parties agree that it is their intention that this Custody Agreement be effective upon signature of both parties. It is also the intention of the 5 parties that this Agreement be confirmed by an Order of Court, without requiring their presence before this Court, pursuant to Pa. Rule of Civil Procedure 1915.7. However, the validity of this Agreement is not contingent upon the Court's approval and shall take effect upon execution of the parties. 14. The parties hereby request that this Honorable Court enter such an Order which shall replace and supercede any and all prior Orders concerning custody of the minor child and shall remain in full force and effect pending further Order of Court. IN WITNESS WHEREOF, the parties have executed this Stipulation consisting of six (b) pages for Entry of a Custody Order on the date indicated below. Date . oa- Date itness AMANDA M. IRELAND 6 COMMONWEALTII OF PI'JNNSYLVANIA COUNTY OF DAUPHIN : SS. On this 17 Fl , day of jvj c)2, , 2009 before me, the undersigned officer, personally appeared TROY A. IRELAND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public wwiw?w NOVAK fluff OOMMNO M HMIs IllN01MtM?A0"1w1! pAiRlNll Ii0fItM11Y CON OW low j" 1, loft 7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. On this -Yd day of , 2009, before me, the undersigned officer, personally appeared AMANDA M. IRELAND, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged th -Pxecuted the same for the purposes therein contained. 0 ? two jo TROY A. IRELAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. Sao 2004-3694 CIVIL ACTION LAW S ?a r_ :Z Cl co c3 AMANDA M. IRELAND r- 'X. -? IN CUSTODY -v a DEFENDANT ORDER OF COURT AND NOW, Thursday, A pril 28, 2011 , 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 Tuesday, May 24, 2011 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. Sunda Es q. 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 accominodations 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 ] 7013 Telephone (717) 249-3166 "U ?d ?T?t??? 2DI J .? ??R ,? ?' ?'??HSY??'a?t??"$?? TROY A. IRELAND, PLAINTIFF vs. AMANDA M. IRELAND, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 -3694 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW this -1 ?a of bfly'?' 2011 u on consideration of the Y ? p attached Stipulation for Agreed Order of Custody, Plaintiff, TROY A. IRELAND and Defendant, AMANDA M. IRELAND, shall have SHARED LEGAL CUSTODY and Plaintiff, TROY A. IRELAND shall have PRIMARY PHYSICAL CUSTODY of their minor child, KODI T. IRELAND, Defendant, AMANDA M. IRELAND, shall have PARTIAL PHYSICAL CUSTODY, of the minor child, KODI T. IRELAND, in accordance with the language contained in the within Stipulation. ? Su,?an ICay Coin c? ie l l o i Amanda M.2relctnd BY THE T,?___,." ? J. ??e? Cp?les M (?'9I?? D? TROY A. IRELAND vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-3694 AMANDA M. IRELAND Defendant IN CUSTODY ORDER CIVIL ACTION LAW-> 3 C-- rrj ?. -4 1 K . AND NOW, this 6rn day of June, 2011 , the conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement between t relinquishes jurisdiction. The custody conciliation conference which was can he parties, hereby shall not be rescheduled. celed for May 24, 2011 FOR THE COURT, Dawn S. Sunday, Esquire Custody conciliator TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 J?q r is Y; TROY A. IRELAND, § Plaintiff § V. § AMANDA M. IRELAND, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3694 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT/ MODIFICATION OF CUSTODY AND NOW, comes the Defendant, Amanda M. Ireland, by and through her attorney, Tanner Law Offices, LLC, and petitions the Court as follows: 1. Petitioner is the above named Defendant, Amanda M. Ireland, an adult individual currently residing at 2447 S. Front Street, Apt. B, Steelton, Pennsylvania 17113. 2. Respondent is the above named Plaintiff, Troy A. Ireland, an adult individual currently residing at 4799 Crown Avenue, Harrisburg, Pennsylvania 17109. 3. The parties are the natural parents of one minor child, namely Kodi Ireland, age 9, born in October 2001. 4. The parties are subject to a Cumberland County Order of Court dated June 9, 2011, which is attached hereto and incorporated herein as Exhibit "A." 5. Paragraph 10(D) of said Order provides that "if the parent with custody of Kodi is not able to care for Kod for a period longer than three (3) hours, during their custodial period, that parent shall contact the other parent to offer them custody of Kodi before ,3 that parent obtains other child care for Kodi." ZY)P1'e` ez & .?G•4e7 7y J 6 5/L% 6. Despite this provision, Plaintiff routinely uses his paramour to care for the Child and does not provide Defendant Mother with the opportunity to care for Kodi when Plaintiff Father is unavailable to care for the Child. 7. Paragraph 4 of said Order provides "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 person to uphold the other parent as one whom their child should respect and love." 8. Despite this provision, Plaintiff Father routinely makes derogatory comments about Defendant Mother in front of the child. The Child internalizes these comments and re- makes the comments to Defendant Mother, hurting the relationship between the Child and Defendant Mother. 9. Paragraph 2 of said Order provides that "All decisions affecting their child's growth and development, including, but not limited to:... choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; ... 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." 10. Despite this provision, Father routinely signs the Child up for activities without discussion or consultation with Mother. II Despite this provision, Father does not make Mother aware of any doctor or psychiatric appointments made for the Child. WHEREFORE, Petitioner respectfully requests that this Court enter an Order providing for the following: Find Respondent, Plaintiff, in Contempt of the Court's June 9, 2011 Order of Court. 2. Modify the current Custody Stipulation to share physical custody equally between Mother and Father. 3. Order Respondent to pay Petitioner's attorneys fees and court costs in brining this action. 4. Other sanctions as the Court may deem appropriate. Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone (717) 731-8114 VERIFICATION I verify that the statements made in this Petition for Contempt/Modification of Custody are true and correct. I understand that false statements made herein may subject me to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: :1-2K-I( V? r Amanda Ireland TROY A. IRELAND, PLAINTIFF VS. AMANDA M. IRELAND, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2004-3694 CIVIL TERM : CIVIL ACTION -LAW : IN CUSTODY ORDER OF COURT AND NOW, this 17 day of we a , 2011 upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, TROY A. IRELAND and Defendant, AMANDA M. IRELAND, shall have SHARED LEGAL CUSTODY and Plaintiff, TROY A. IRELAND shall have PRIMARY PHYSICAL CUSTODY of their minor child, KODI T. IRELAND, Defendant, AMANDA M. IRELAND, shall have PARTIAL PHYSICAL CUSTODY, of the minor child, KODI T. IRELAND, in accordance with the language contained in the within Stipulation. BY THE COURT, J. TRUE COPY FROM RECORD In Testimony WrWe.d. I iW* tam set my hand and the wd of said at Caftl. Pa. This ?.d?td ??I?. 20L?-- ???? Prothonotary Exhibit "A" TROY A. IRELAND, PLAINTIFF VS. AMANDA M. IRELAND, DEFENDANT : IN THE COURT OF COMMON#&J r : OF CUMBERLAND COUNTY, Z : PENNSYLVANIA ter, 1.s 0 rt x ? NO. 2004 -3694 CIVIL TERM ' l x c? r CIVIL ACTION -LAW -+ 01 IN CUSTODY - STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Father") is TROY A. IRELAND, 4799 Crown Avenue, Harrisburg, Dauphin County, Pennsylvania, 17109. The Defendant (hereinafter sometimes referred to as "Mother") is AMANDA M. IRELAND, who currently resides at 124 West Portland Street, Apt 36, Mechanicsburg, Cumberland County, Pennsylvania, 17055. KODI T. IRELAND (hereinafter sometimes referred to as "Kodi"), born on October 18, 2001, 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 Kodi to have a meaningful ongoing relationship with both his natural Mother and natural Father, provided he is in a safe environment. WHEREFORE, Plaintiff, TROY A. IRELAND, and Defendant, AMANDA M. IRELAND, have entered into a mutual agreement regarding the custody of Kodi and respectfully request this Honorable Court to enter the following Order: 1. FATHER and MOTHER shall SHARE LEGAL CUSTODY (as defined in 23 Pa.C.S.A. Section 5302) of the minor child, KODI T. IRELAND. 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 to communicate with each other and not to use the child to avoid communication with the other parent. 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. 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. 6. 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. 7. 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. 8. 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. Both parents' names shall be listed with the school their child attends as parents to be contacted in the event of an emergency, and to be notified regarding school,events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 9. 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. 10. FATHER shall have PRIMARY PHYSICAL CUSTODY and MOTHER shall have PARTIAL PHYSICAL CUSTODY of their minor child, KODI T. IRELAND according to the following schedule: A. Mother shall have Kodi every other weekend. The weekend shall begin Friday evening at 6:00 p.m. through Sunday evening at 6:00 p.m. The week following Mother's weekend Mother shall have Kodi Wednesday evening after school through 8:00 p.m. When school is not in session, Mother may get Kodi Wednesday evening after work; B. Holidays: For the following holidays: New Year, Easter and Christmas; Father shall have Part "A" in the odd numbered years and Part "B" in the even numbered years. Mother shall have Part "B" in the odd numbered years and Part "A" in the even numbered years; 1) New Year: Part "A": December 31, from 4:00 p.m. through January 1, at 10:00 a.m. Part "B": January 1, at 10:00 a.m. through January 2, when the child shall be delivered to school, in a timely manner. 2) Easter: Part "A": Saturday from 6:00 p.m. through Easter Sunday at 12:00 p.m. Part "B": Easter Sunday from 12:00 p.m. through the Monday after Easter Sunday at 12:00 p.m. 3) Christmas: Part "A": Christmas Eve from 4:00 p.m. through 10:00 a.m. on Christmas Day. Part "B": Christmas Day from 10:00 a.m. through 10:00 a.m. on December 26. The parties shall alternate the following holidays, Memorial Day, Independence Day, Labor Day and Thanksgiving Day. Father shall have the odd numbered holidays in the odd numbered years and the even numbered holidays in the even numbered years. Mother shall have the even numbered holidays in the odd numbered years and the odd numbered holidays in the even numbered years; 4) Memorial Day: From 8:00 a.m. through 6:00 p.m. 5) Independence Day: From 8:00 a.m. through 6:00 p.m. 6) Labor Day: From 8:00 a.m. through 6:00 p.m. 7) Thanksgiving Day: From 8:00 a.m. through 6:00 p.m. C. Father shall have Kodi on Father's Day and Mother shall have Kodi on Mother's Day; D. If the parent with custody of the Kodi is not able to care for Kodi for a period longer than three (3) hours, during their custodial period, that parent shall contact the other parent to offer them custody of Kodi before that parent obtains other child care for Kodi. E. Mother and Father shall each have the option of requesting one to two (1-2) non-consecutive weeks of vacation during the year with Kodi, providing a minimum of thirty (30) days' notice of the time requested is given to the other party. The parent making the request first for a specific time for vacation shall have that designated time for vacation. The parent taking Kodi on vacation shall provide other parent with a location(s) where Kodi will be and a telephone number to contact Kodi; F. 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 those contained in this custody agreement shall be made in writing and signed by both parties; G. All holidays, vacations, family events and specially designated times for visitation with Kodi shall supersede the regularly scheduled visitation. 11. The custodial parent shall allow Kodi liberal communication with the non-custodial parent, whether by telephone or email. 12. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with Kodi. 13. During any period of custody or visitation, the parents shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 14. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the child. 15. CHARGES AND/OR CONVICTIONS Neither parent has been convicted of or has plead guilty or no contest to a criminal offense as set forth in 23 Pa.C.S.A. § 5303(b) and neither parent has been charged, convicted or plead guilty or no contest to an offense set forth in 23 Pa.C.S.A. § 5303(b.1) or §5303(b.2). Neither parent poses a risk of harm nor threat of harm to the children subject to this Custody Order. 16. The parent with physical custody of Kodi agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which Kodi has become involved. 17. Mother and Father agree to provide each other with current information regarding Kodi. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency Kodi interacts with. 18. Mother shall pick up Kodi at Father's residence to begin her period of custody and Mother shall return Kodi to Father's residence at the end of her period of custody. Mother and Father must always transport Kodi in appropriate and safe child car seats. 19. If Kodi has a scheduled event or activity related to an extracurricular activity in which Kodi is participating, the parent who has custody of Kodi during that time, shall be responsible for taking the child to the event or activity. If the parent with custody is not able to take Kodi to the event or activity, the parent with custody shall inform the parent without custody in a timely manner, to enable the parent without custody to take Kodi to the event or activity. 20. Mother and Father agree to provide each other with written notice of their intent to relocate a minimum of ninety (90) days prior to their move. 21. If the parties disagree and/or are unable to reach a joint decision regarding Kodi, they agree to utilize either Counseling or Mediation to assist them to reach a resolution before resorting to seeking a resolution through the court system; 22. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: -7-111- - , 2011 DATED: S ArI _ , -? , 2011 TROY A. AND AMANDA M. IRELAND COMMONWEALTH OF PENNSYLVANIA COUNTY OF e w04 ""?-4 1 X'? SS: On this, the ? r) day of 4uJI-?- , 2011 before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when TROY A. IRELAND and AMANDA M. IRELAND known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within Stipulation for Agreed Order of Custody and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. CO1vIIutONWF.ALTH OF P@1NSYLVANIA otary Public NOTARIAL SEAL Linda A. Clotfetm, Notary Pubiie y Commission Expires: Hampden Twp, Cumberland County J u If 2 j My commission e ' June 21, 2114 TROY A. IRELAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2004-3694 CIVIL ACTION LAW MW M_ =rn I— cn r t AMANDA M. IRELAND -<> W - ,v IN CUSTODY -f? DEFENDANT ro -Tj ??-- 211, _C`) ORDER OF COURT AND NOW, Wednesday, August 03, 2011 _, 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 Tuesday, September 06, 2011 at 3:30 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, Esq. ,?? Custody Conciliator f 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 ? -? cop ma?Geo? f? aepeF- ??? red -(-v kh? TROY A. IRELAND, Plaintiff -v- AMANDA M. IRELAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3694 CIVIL ACTION IN CUSTODY RULE AND NOW this _,;?L_ day of March 2012, a rule is hereby issued upon both parties to show cause why the Petition To Withdraw As Counsel should not be granted. This rule is returnable 96 days from date of service, BY J. Distribution: ? Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 d Troy A. Ireland, 4799 Crown Avenue, Harrisburg, PA 17109 ? r` -, Amanda M. Ireland, 26 Winding Hill Drive, Mechanicsburg, PA 17055 T' eo p; s fna /fol / ? . ia -77 --t rte TROY A. IRELAND, Plaintiff _v_ AMANDA M. IRELAND, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3694 CIVIL ACTION IN CUSTODY ORDER 2012, upon consideration of the AND NOW THIS day of /?/ Petition to Withdraw as Counsel, Motion to Make Rule Absolute, and noting that no response or objection was filed by Plaintiff or Defendants to the Petition, it is hereby ORDERED that said Petition is GRANTED. Scaringi & Scaringi, P.C. are withdrawn as counsel for Defendant (7 C') Amanda M. Ireland, in the above-captioned matter. M m M -0 Z? '0 r~1 N ' c-J -? rn - 4 Y THE CO M" B z c? J. Distribution: f Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 Troy A. Ireland, 4799 Crown Avenue, Harrisburg, PA 17109 ? Amanda M. Ireland, 26 Winding Hill Drive, Mechanicsburg, PA 17055 (Ve'e5 ma. led V1aU11,2 lyl