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HomeMy WebLinkAbout02-4812 NMJASON S. FAHNESTOCK : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BRANDIE N. GIBSON : NO. 2002-4812 CIVIL TERM Defendant. : IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Jason S. Fahnestock by and through his attorney, Mark F. Bayley, and in support of the within petition avers as follows: 1. The Honorable J. Wesley Oler, Jr., was previously assigned to the within matter. 2. The Petitioner is Jason Fahnestock, (hereinafter "Father"), who is an adult individual residing 497 Run Road, Carlisle, Cumberland County, Pennsylvania, 17015. 3. The Respondent is Brandie N. Gibson, (hereinafter "Mother"), who is an adult individual; her current residence is unknown. 4. The parties are the natural parents of Alissa N. Fahnestsock, born October 19, 1999. (hereinafter "Child"). 5. An Order was entered in this matter on July 7, 2008 (attached as "Exhibit A") 6. Based upon the current circumstances it is in the child's best interests to reside primarily with Father; an altered Order is additionally necessary to address Mother's continued failure to abide by Court directives. C tv CT C7 t,3 -t, ra3 (JI r ?-3 r0 --I T7,? :tJ C'? C7 '? CJ (5 vd )- A `3'Z6 _77&7.3 WHEREFORE, Petitioner requests entry of the attached Order. Respectfully submitted, BAYLEY & MANGAN Date: ? r l ark F. Bayley, Esq ire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 JASON S. FAHNESTOCK Plaintiff V. BRANDIE N. GIBSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4812 CIVIL ACTION - LAW IN CUSTODY VERIFICATION Mark F. Bayley, states that he is the attorney in relation to the within matter; that he this affidavit as attorney because he has sufficient knowledge or information and belief, based his investigation of the matters averred or denied in the foregoing document; and that this is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to Date: C' l Z ? /L4? M F. Bayley, Esqui e JASON S. FAHNESTOCK Plaintiff vs. BRANDIE N. GIBSON Defendant ' ' ° 11) ?, 200 ?JU1.3 mss IN THE COURT OF COMMON PLEAS?F CUMBERLAND COUNTY, PENNSYLVA IA 2002-4812 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this --.. 74-L day of consideration of the attached Custody Conciliation Report, it is 2008, and directed as follows: 1. All prior Orders of Court in this matter are vacated and replaced with this Order. 2. The Father, Jason S. Fahnestock, and the Mother, Brandie N. Gibson, shall have shared legal custody of Alissa N. Fahnestock, born October 19, 1999. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impai the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitate thereby. However, that parent shall inform the other of the emergency and consult with him or her is soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of a reports or information given to either party as a parent as authorized by statute. 3. The parties agree that the Mother may relocate with the Child to Virginia Beach. Virgin' where the Child shall be enrolled in school. 4. The parties shall have physical custody of the Child in accordance with the following schedule: A. School Year: During the school year. the Father shall have custody of the Child beginning on the Friday on which each intersession break begins through the last Friday of the intersession break. The Mother shall have custody of the Child at all times not otherw'se specified the Father. B. Summer: The Father shall have custody of the Child from the first Friday after he last day of the school year until the Friday before the new school year begins, with the exception t at the Mother shall have custody of the Child for one (1) week during that time period upon providin advance notice to the Father at least thirty-five (35) days before the last day of school. In any su ei during which the Father is on military active duty, the Mother's periods of summer custody under his provision shall be expanded to two (2) weeks. 5. The parties shall share or alternate having custody of the Child during holidays as foll A. Christmas: In even-numbered years, the Father shall have custody of the Child or the entire intersession break over the Christmas holiday, with the exception of the last seven (7) fu 1 days before the end of the holiday school break, during which time the Mother shall have custody of the Child. In odd-numbered years, the Father shall have custody of the Child for the entire interse sion break over the Christmas holiday, with the exception of December 22 through December 28, during which the Mother shall have custody of the Child. B. Thanksgiving: In even-numbered years, the Father shall have custody of the Child for the entire Thanksgiving school break and in odd-numbered years, the Mother shall have custody of the Child for the Thanksgiving school break. C. Easter: In even-numbered years, the Father shall have custody of the Child fort the entire intersession school break which shall include the Easter holiday, with the exception of the last seven (7) days of the intersession break, during which the Mother shall have custody of the Child. In the event Easter falls within the last seven (7) days of the intersession break, the Mother's seven (7) day period shall occur at the beginning of the intersession break unless otherwise agreed between t e parties. In odd-numbered years, the Father shall have custody of the Child for the entire intersessi n school break with the exception of seven (7) days during which the Mother shall have custody oft the Child and which shall be scheduled to include Easter. D. The holiday custody schedule shall supersede and take precedence over the reg lar custody schedule. 7. When the Father is on military active duty during any of his periods of custody, includi g holiday periods, the paternal grandmother shall be entitled to have physical custody of the Child in the Father's place and shall have the same rights and responsibilities of shared legal custody as the Father would if he were present. 8. All exchanges of custody under this Order shall take place at the mid-point between the parties' residences which is designated to be the Central Park Mall in Fredericksburg. Virginia. 9. The Father shall not arrange periods of contact between the Child and the maternal grandparents without the prior consent of the Mother. The Father shall ensure that the paternal grandparents comply with this provision at all times, including during the Father's periods of mili active duty. 10. The Father's Petition for Contempt and Petition for Special Relief are dismissed. 11. The parties acknowledge that it is their intent that jurisdiction over this custody matter remain in Cumberland County for at least a period of three (3) years from the date of this Order. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absen e of mutual consent, the terms of this Order shall control. Wesley Oler, Jr. cc: Mark F. Bayley, Esquire - Counsel for Father Brandie N. Gibson - Mother TRUS Copy rRom In T sthony whereof, ! here an t e see/al f Nav u at T L. of.... set hand BY THE COURT, JASON S. FAHNESTOCK : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVAl V. : CIVIL ACTION - LAW BRANDIE N. GIBSON : NO. 2002-4812 CIVIL TERM Defendant. : IN CUSTODY CERTIFICATE OF SERVICE Defendant's residence is unknown. Therefore, undersigned counsel intends to make. diligent efforts to obtain personal service of the attached document upon Defendant. juf l Mark F. Bayley, Esquire FILED-0FFiCE ?'F THE PROTHONOTARY 2012 JUL -6 FM 3* 75 JASON S. FAHNESTOCK F4URT OF COMMON PLEAS GUMBERLA Q WBERLAND COUNTY, Plaintiff pENNSY PENNSYLVANIA V. 02-4812 CIVIL ACTION - LAW BRANDIE N. GIBSON Defendant IN CUSTODY ON AND NOW, comes Jason S. Fahnestock, by and through his counsel, Mark F. Bayley, a#d in support of the within petition avers as follows: 1. The Honorable Wesley Oler, Jr., was previously assigned to the within matter. 2. The Petitioner is Jason S. Fahnestock, (hereafter "Father") who currently resides at 497 Road, Carlisle, Pennsylvania, 17015. 3. The Respondent is Brandie N. Gibson, (hereafter "Mother"); her residence is unknown; ?t is believed that she is currently residing in the vicinity of Virginia Beach, Virginia. 4. On July 7, 2008 the Honorable J. Wesley Oler, Jr., issued a Court Order in relation to above captioned matter involving the following minor child: Alissa N. Fahnestock Born 10-19-99 12 years old A true and correct copy of the Order is attached to this Petition as "Exhibit A." 5. Pursuant to paragraph 4(B) of said Order, Father is to have physical custody of the child over the summer recess. 6. Mother has willfully failed to abide by said provisions in that she absconded with the on June 6, 2012 to a location unknown to Father. 7. Father has provided Mother with clear notice of his desire for her to abide by the Order; despite this fact, Mother remains in willful contempt of said Order. d. Cy S 11 Ck`* / 3 ,ey? ? ? -)-3 WHEREFORE, Petitioner requests that Respondent be held in contempt and that the Court all relief it deems appropriate including, but not limited to, a change in the current custodial schedule, appropriate make-up time, incarceration, and that Mother be directed to pay Father's attorney fees and filing fees related to the within Petition. Respectfully submitted, BAYLEY & MANGAN Date: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4812 CIVIL ACTION - LAW BRANDIE N. GIBSON Defendant IN CUSTODY VERIFICATION Mark F. Bayley, states that he is the attorney in relation to the within matter; that he this affidavit as attorney because he has sufficient knowledge or information and belief, based his investigation of the matters averred or denied in the foregoing document; and that this is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to -? -" b -'?' t ? Date: "fi? Mark F. Bayley, Esquire TJUL 02.210N JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVA vs. 2002-4812 CIVIL ACTION LAW. BRANDIE N. GIBSON Defendant IN CUSTODY ORDER OF COURT AND NOW, this _7-4b_ day of consideration of the attached Custody Conciliation Report, it is 1. All prior Orders of Court in this matter are vacated and directed as follows: replaced with this Order. 2008, ipon the 2. The Father, Jason S. Fahnestock, and the Mother, Brandie N. Gibson, shall have shared legal custody of Alissa N. Fahnestock, born October 19, 1999. Major decisions concerning the Cl including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view towar obtaining and following a harmonious policy in the Child's best interest. Neither party shall impai other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitate thereby. However, that parent shall inform the other of the emergency and consult with him or hei soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete full information from any doctor, dentist, teacher, professional or authority and to have copies of a reports or information given to either party as a parent as authorized by statute. 3. The parties agree that the Mother may relocate with the Child to Virginia Beach. Virg where the Child shall be enrolled in school. 4. The parties shall have physical custody of the Child in accordance with the following schedule: as A. School Year: During the school year. the Father shall have custody of the Chil beginning on the Friday on which each intersession break begins through the last Fridav of the intersession break. The Mother shall have custody of the Child at all times not otherwise specifie for the Father. B. Summer: The Father shall have custody of the Child from the first Friday after last day of the school year until the Friday before the new school year begins, with the exception t the Mother shall have custody of the Child for one (1) week during that time period upon providir advance notice to the Father at least thirty-five (35) days before the last day of school. In any sun during which the Father is on military active duty, the Mother's periods of summer custody under provision shall be expanded to two (2) weeks. 5. The parties shall share or alternate having custody of the Child during holidays as fol A. Christmas: In even-numbered years, the Father shall have custody of the Child or the entire intersession break over the Christmas holiday, with the exception of the last seven (7) fu 1 days before the end of the holiday school break, during which time the Mother shall have custody of the Child. In odd-numbered years, the Father shall have custody of the Child for the entire interse Sion break over the Christmas holiday, with the exception of December 22 through December 28, durin which the Mother shall have custody of the Child. B. Thanksgiving: In even-numbered years, the Father shall have custody of the Child for the entire Thanksgiving school break and in odd-numbered years, the Mother shall have custody of the Child for the Thanksgiving school break. C. Easter: In even-numbered years, the Father shall have custody of the Child for he entire intersession school break which shall include the Easter holiday, with the exception of the last seven (7) days of the intersession break, during which the Mother shall have custody of the Child. In the event Easter falls within the last seven (7) days of the intersession break, the Mother's seven (7) day period shall occur at the beginning of the intersession break unless otherwise agreed between he parties. In odd-numbered years, the Father shall have custody of the Child for the entire intersessi n school break with the exception of seven (7) days during which the Mother shall have custody of tae Child and which shall be scheduled to include Easter. D. The holiday custody schedule shall supersede and take precedence over the reg filar custody schedule. 7. When the Father is on military active duty during any of his periods of custody, including holiday periods, the paternal grandmother shall be entitled to have physical custody of the Child i the Father's place and shall have the same rights and responsibilities of shared legal custody as the Father would if he were present. 8. All exchanges of custody under this Order shall take place at the mid-point between parties' residences which is designated to be the Central Park Mall in Fredericksburg, Virginia. 9. The Father shall not arrange periods of contact between the Child and the maternal grandparents without the prior consent of the Mother. The Father shall ensure that the paternal grandparents comply with this provision at all times, including during the Father's periods of mili active duty. 10. The Father's Petition for Contempt and Petition for Special Relief are dismissed. 11. The parties acknowledge that it is their intent that jurisdiction over this custody matt remain in Cumberland County for at least a period of three (3) years from the date of this Order. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absenc of mutual consent, the terms of this Order shall control. cc: Mark F. Bayley, Esquire - Counsel for Father Brandie N. Gibson - Mother Wesley Oler, Jr. TRUE copy rR0,M In T stimony whereof, s h&re an t e seal f said i at T ' 1.K. day of.... RECgRD nto set Ow hand BY THE COURT, JASON S. FAHNESTOCK Plaintiff V. BRANDIE N. GIBSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4812 IN CUSTODY CIVIL ACTION - LAW CERTIFICATE OF SERVICE Defendant's residence is unknown. Therefore, undersigned counsel intends to make dili? efforts to obtain personal service of the attached document upon Defendant. lZ Mark F. Bayley, Esq ire JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY PENNSYLVAI1 , V. =M C 2002-4812 CIVIL ACTION LAWr- r % 1: BRANDIE N. GIBSON IN CUSTODY rte,, ' ? „;- DEFENDANT PO ORDER OF COURT AND NOW, Monday, July 09, 2012 upon consideration of the attached Co mpla i? lt, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the co lciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 08, 2012 _ at 1: O PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disp te; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tem} orary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arranger nts 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 AT'T'ORNEY 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 ? 60 N -?? 0 COP 1 _ _ ,__r ', JASON S. FAHNESTOCK Plaintiff vs. BRANDIE N. GIBSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA 2002-4812 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ~!h L AND NOW, this ~~ day of ~y9~S` 2012, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated July 7, 2008 is vacated and replaced with this 2. The Father, Jason S. Fahnestock, and the Mother, Brandie N. Gibson, shall have shared legal custody of Alissa N. Fahnestock, born October 19, 1999. Major decisions concerning the C ild including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view tow d obtaining and following a hazmonious policy in the Child's best interest. Neither party shall imp r the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate th affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other Day to day decisions shall be the responsibility of the pazent then having physical custody. With regard to any emergency decisions which must be made, the pazent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitat d thereby. However, that pazent shall inform the other of the emergency and consult with him or he as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of y reports or information given to either party as a pazent as authorized by statute. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. School Yeaz: The Father shall have primary physical custody of the Child duri~ the school yeaz with the Mother having partial physical custody on one long weekend per month i~ months in which the Mother does not have custody under pazagraph 3 of this Order. The Mother'; weekends may take place on a Monday holiday such as Columbus Day, Martin Luther King Jr. D~ President's Day, Easter Monday or on school in-service days, with the specific arrangements for tl times and days of exchanges to be arranged by agreement between the parties. B. Summer School Break: During the summer school break, the Mother shall hav primary physical custody of the Child from the first Friday after the last day of school through on full week prior to the beginning of the school year. During the summer school break, the Father shall ave custody of the Child for one vacation week upon providing at least 30 days advance notice to the Mother and for the last full week of the summer school break, with the specific arrangements fort e dates and times for exchanges to be made by agreement between the parties. C. The Father shall provide immediate notice to the Mother of any impending mili deployment to enable the parties to establish alternative custodial arrangements for the Child by agreement. In the event the parties are unable to reach an agreement as to the custody arrangeme s during the Father's deployment and any disagreements cannot be resolved through the Court prior to deployment, the presumption shall be that the Mother shall have primary physical custody during y military deployment of the Father. For purposes of this provision, deployment shall be defined to mean that the Father is unavailable to provide care for the Child for at least six months or more. 3. The parties shall have custody of the Child on holidays as follows: A. Christmas: In even numbered years, the Mother shall have custody of the Chil for the first full seven days of the Christmas school break and the Father shall have the remainder of e holiday school break. In odd numbered years, the Mother shall have the last seven full days of th Christmas holiday break and the Father shall have the remainder of the school break, unless the p ie: make arrangements for the Mother's seven day period to take place during another portion of the school break. B. Thanks ig ving: In every year, the Mother shall have custody of the Child overt e Thanksgiving holiday from Friday morning after Thanksgiving through Monday, with the times t be arranged by agreement between the parties. C. Memorial Dav: The Father shall have custody of the Child for the Memorial D y weekend every year. D. Labor Dav: The Mother shall have custody of the Child for the Labor Day wee enc in odd numbered years and the Father shall have custody in even numbered years. 4. Unless otherwise agreed between the parties, the Child shall continue to be enrolled in Big Spring School District. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place t the Central Park Mall in Fredericksburg, Virginia. 6. Only the Mother shall be entitled to make arrangements for the maternal grandparents t have contact with the Child, and the Father shall refrain from making any such arrangements, exc pt in the event of an emergency in which the Father is unable to arrange for other individuals to provid care for the Child during his unavailability or when the Father will be present with the Child at all time . 7. The non-custodial parent shall be entitled to have at least one telephone call with the ~ each week. When the Mother is initiating her call with the Child, the Mother shall contact the F telephone. 8. The parties shall notify each other promptly of any changes to their telephone numbers addresses on an ongoing basis. 9. The Mother acknowledges that her address for purpose of service of any legal docun shall be 1292 Corsair Drive, Apartment 104, Virginia Beach Virginia 23454. The Mother shall provide notice to the Cumberland County Prothonotary's office of any address change for the p of service on an ongoing basis until the Child reaches the age of majority. 10. Neither party shall do or say anything which may estrange the Child from the other p ent, injure the opinion of the Child as to the other parent, or hamper the free and natural development f the Child's love and respect for the other parent. Both parties shall ensure that third parties having co tact with the Child comply with this provision. 11. No party shall be permitted to relocate the residence of the Child which signifi impairs the ability to exercise custody unless every individual who has custodial rights to the consents to the proposed relocation or the Court approves the proposed relocation. A person prod to relocate MUST comply with 23 Pa. C.S. § 5337. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absen~ mutual consent, the terms of this Order shall control. BY THE COURT, ~~~~ cc: ~ Mark F. Bayley Esquire -Counsel for Father / Brandie N. Gibson -Mother ~~%GS n~.a.`l~d ~~a~.-~a. ~'F" c -~> S~* --+ -~C .a w a C c-a an ~. ca of ~.: -~ -'~~; ~' -~- ~~~ ~~; -,~; JASON S. FAHNESTOCK Plaintiff vs. BRANDIE N. GIBSON Defendant Prior Judge: J. Wesley Oler Jr. IN THE COURT OF COMMON PLEAS~F CUMBERLAND COUNTY, PENNSYLVA IA 2002-4812 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF 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 follows: NAME Alissa Fahnestock DATE OF BIRTH October 19, 1999 CURRENTLY IN CUSTODY OF Mother/Father 2. A custody conciliation conference was held on August 22, 2012, with the fo individuals in attendance: the Father, Jason S. Fahnestock, with his counsel, Mark F. Bayley l and the Mother, Brandie N. Gibson, who participated in the conference by telephone fr residence or place of employment in Virginia. The Mother is not represented by counsel in this 3. The parties agreed to entry of an Order in the form as attached resolving the Petition for Contempt and Modification. ~c,~- a3 as ~ a- Dat~ e Dawn S. Sunday, Esquire Custody Conciliator is as her 's JASON FAHNESTOCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-0112 CIVIL ACTION LAW rnco :r- :Xj BRANDIE N.GIBSON IN CUSTODY DEFENDANT < C7 ORDER OF COURT AND NOW, Tuesday,April 09,2013 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 07,2013 2:00 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: Isl Dawn S. Sunday,Es lei 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 Ff pell"o f M 0) 61. 0 apios lvllevoo' tyl Lo__ JASON FAHNESTOCK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-4812 CIVIL ACTION LAW BRANDIE N. GIBSON IN CUSTODY Defendant. ANSWER AND COUNTERCLAIM TO PETITION FOR CONTEMPT cF AND NOW, comes the Plaintiff/Respondent, Jason Fahnestock,by and hito -=F 'T = ufr attorney, Claire L. Gargiulo, Esquire, and files the following Answer and Countercl� • CD ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that Respondent is in Contempt of the current Order of Court for the following reasons: a. Denied. It is denied that Father refuses to drive the child to the Court Ordered default location in Fredericksburg,Virginia for scheduled pick-ups and drop-offs in accordance with%5 and 10 of the Order, and strict proof thereof is demanded and the same is deemed denied. By way of further answer, as¶5 clearly allows, the parties have, on multiple occasions,made alternative arrangements to exchange custody for Mother's monthly custodial weekend. Mother has agreed, on multiple occasions, to drive to Pennsylvania to spend her weekends with the parties'minor child, and has in fact driven to Pennsylvania. Additionally, on other occasions, Father has driven the minor child to the default location in order to facilitate Mother's monthly custodial weekends. Mother has been able to spend every one of her custodial weekends with the minor child. b. Admitted in part, denied in part. It is admitted that Respondent refuses to provide the child's cellular phone number to Petitioner. It is denied that Mother is denied direct contact with the child in accordance with¶¶7, 8, and 10 of the August 28, 2012 Order, and strict proof thereof is demanded and the same is deemed denied. By way of further answer, ¶7 clearly states that "Mother shall contact the Father's telephone" when she is to have her weekly telephone call with the parties' minor child. Additionally, the minor child has expressed on numerous occasions that she does not want Mother to be able to call her cell phone, and nowhere in the August 28, 2012 Order of Court does it mandate that Mother is entitled to have access to the minor child's cell phone number. Mother has the ability to contact the minor child through Father's phone, Father's wife's phone, the minor child's paternal and maternal grandmothers'phones, e-mail, and Facebook. c. Admitted in part, denied in part. It is admitted that Respondent refuses to provide an insurance card for the child, however it is denied that he is required to do so in accordance with¶2 of the August 28, 2012 Order and strict proof thereof is demanded and the same is deemed denied. By way of further answer,¶2 does not mandate that Father provide Mother with his insurance card or other insurance information. Mother has been charged in the past with check fraud and has been accused by numerous people of theft, and therefore, Father has legitimate concerns regarding Mother having access to his personal insurance information. 5. Denied. It is denied that the alleged conduct in¶4 of the Petition for Contempt constitutes willful disobedience to an Order of Court upon which a finding of contempt can be made and strict proof thereof is demanded and the same is deemed denied. 6. Admitted in part, denied in part. It is admitted that Mother originally sought to informally address certain issues regarding custody, as did Father, and it is admitted that Father is opposed to all relief requested in Mother's petition. It is denied that Father rejected the issues regarding custody, and strict proof thereof is demanded and the same is deemed denied. By way of further answer, it was Father who attempied to amicably resolved the issues between the parties, and it was Mother who refused to cooperate. WHEREFORE, Respondent respectfully requests that this Honorable Court deny Petitioner's request to enter a rule upon Respondent as to why Respondent should not be found in Contempt of the August 28, 2012 Order of Court. COUNTERCLAIM 7. Paragraphs 1 through 6 are incorporated herein by reference. 8. It is in the best interests of the minor child for Mother's physical custody of the child during the summer months be reduced to three weeks, one week per month, for the following reasons: a. Mother has been diagnosed with bi-polar disorder and has a documented, ongoing history of unsuccessful treatment for this disorder. Mother does not consistently take her medication and has had numerous,unsuccessful attempts at treatment with various counseling services. b. Mother has an explosive temper and episodes of violent outbursts that the minor child has been a witness to, as well as a victim of. Mother has threatened physical abuse towards the minor child,throws objects, and hit the minor child with a remote control after throwing it at her. c. Mother has verbally and mentally abused the minor child by threatening her physically, and screaming and cursing at the minor child, as well as at others while in the minor child's presence. d. Mother displays extreme mood swings and suicidal tendencies. She previously attempted to commit suicide and,in 2010,was referred to Holy Spirit Hospital by her psychologist for a suicidal concern. e. Mother displays high risk sexual behavior with various male companions. Mother previously moved in with James E. Meyers, a convicted sex offender and a DUI parolee. Mother also previously moved in with Alfred Saulier, a parolee and substance abuser, and has numerous overnight stays with various male companions. f. Father believes, and therefore avers,that Mother sleeps in the same room with the child and,therefore,does not provide the minor child with adequate privacy at Mother's home. g. Mother is incapable of providing stability and security for the minor child. By the time the minor child was thirteen years old,Mother had changed her primary residence no less than 18 times. Mother has also been fired from 5 of her most recent jobs due to issues with her inability to attend work. h. Father and Father's wife are concerned that they are beginning to see signs of bi- polar disorder in the minor child. On at least one occasion,the minor child began cutting herself after spending a weekend with Mother. However, Father has t enrolled the child in family counseling and often attends with her, along with Father's wife. Father believes, and therefore avers, that due to Mother's inability to properly care for her own disorder, Mother will fail to properly care for the minor child's mental and emotional needs and that any extended period of time spent with Mother will be detrimental to the minor child's physical, emotional, and mental well-being. WHEREFORE, Respondent respectfully requests, for all of the reasons set forth in this Counterclaim, that this Honorable Court reduce Mother's period of physical custody during the summer months to one week per month, with all other provisions of custody to remain the same. Respectfully submitte , Date: - I " Cl a1 e L. Gargiulo, Esquire PA Bar#311108 1104 Fernwood Ave., Suit6 203 Camp Hill, PA 17011 (717) 761-8101 I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unworn falsification to authorties. ahnestock Dater 0. JASON FAHNESTOCK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 2002-4812 CIVIL ACTION LAW BRANDIE N. GIBSON IN CUSTODY Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing Answer and Counterclaim to Petition for Contempt was served by first class mail on the other party as follows: Michael O. Palermo, Jr., Esquire 3300 Trindle Road Camp Hill, PA 17011 Respectfully sub tte Date: "i'" Claire L. Gargiulo, Es ire(PA Bar# 311108) 1104 Fernwood Ave., Suite 203 Camp Hill, PA 17011-6912 717-761-8101 (Fax) 717-761-2161 JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CD VS. 2002-4812 CIVIL ACTION LA& BRANDIE N. GIBSON �o --< Defendant IN CUSTODY )r- --- > CD ORDER OF COURT AND NOW, this day of a 2013, upon consideration of the attached Custody Conciliation Report, it is o dered and directed as follows: 1. The prior Order of this Court dated August 28, 2012 shall continue in effect as modified by this Order. 2. The parties shall strictly adhere to the requirement that they exchange custody of the Child at the Central Park Mall in Fredericksburg, Virginia, unless the parties reach an agreement to exchange custody at another location and the agreement has been clearly confirmed in writing, including email. 3. The Mother shall have access to the Child's medical insurance ID card during her periods of custody and may make a copy for use in the event that the card is lost. 4. In 2013, the summer custody schedule shall begin on June 8, on which date the Mother shall pick up the Child at the Father's residence at a time to be selected by the Mother and communicated to the Father in advance. 5. The Mother shall promptly make arrangements for the Child to participate in counseling in Virginia during the Mother's period of summer custody so that the Child does not miss more than one weekly counseling session during the transition. The purpose of the counseling shall be to address issues of concern with regard to the Child's behavior which is currently being addressed by her counselor in Pennsylvania and, in addition, to work on issues which have arisen in the Mother- Daughter relationship. The parties shall sign all authorizations which are necessary to enable the Child's Pennsylvania and Virginia counselors to communicate with each other and share information. 6. Paragraph 6 of the prior Order of this Court dated August 28, 2012 is vacated. 7. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M. L. Ebert Jr. J. cc: ✓wire L. Gargiulo Esquire—Counsel for Father Michael O. Palermo Jr. Esquire—Counsel for Mother IT, �L�C, JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2002-4812 CIVIL ACTION LAW BRANDIE N. GIBSON Defendant IN CUSTODY Prior Judge: M.L. Ebert Jr. 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 AGE CURRENTLY IN CUSTODY OF Alissa Fahnestock 13 Mother/Father 2. A custody conciliation conference was held on May 7, 2013, with the following individuals in attendance: the Father, Jason S. Fahnestock, with his counsel, Claire L. Gargiulo Esquire, and the Mother's counsel, Michael O. Palermo Jr. Esquire. The Mother, Brandie N. Gibson, resides in Virginia Beach, Virginia, and participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON S. FAHNESTOCK, : CIVIL ACTION - LAW Plaintiff V. : No 2002-4812 - CUSTODY 11c6-21, f,r- BRANDIE N. GIBSON, -4 " Defendant : M.L. Ebert,Jr.,J. t` w PETITION TO MODIFY CUSTODY 1. The Petitioner is Brandie N. Gibson, biological Mother of the child and resides at 101 Lawrence Lane, #1, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent is Jason S. Fahnestock, who resides at 497 Run Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Petitioner seeks to modify the Order regarding custody of the following child: Name Present Residence DOB Age Alissa N. Fahnestock 497 Run Road 10/19/99 14 years Carlisle, PA The child was born out of wedlock. 4. The child is presently in the custody of Respondent/Father subject to Mother's periods of partial custody. 6. On August 28, 2012, the Honorable M.L. Ebert,Jr. entered an Order • following a Custody Conciliation Conference presided over Dawn S. Sunday, Esquire. Attached hereto as Exhibit "A". 7. Since the entry of said Order, there has been a significant change in circumstances in that: 1 Pursuant to Cumberland County Local Rule 208.3(a)(2). 33 CilA( it—C9C1 8C8 (a) Mother has relocated back to Carlisle, Pennsylvania and resides within the child's school district. (b) Mother is able and in fact requests additional overnights with her daughter, as she no longer resides out of state. (c) Father has failed to call/show for several custodial periods leaving the child with feelings of disappointment and rejection. 8. The best interest of the child will be served by the Court in modifying said Order to permit mother shared physical custody of the child. Said modification will permit mother and daughter to strengthen their bond and permit mother to be part of the weekly parenting of the child. 9. Pursuant to Cumberland County Local Rule 208.3(a)(9), Mr. Fahnestock's counsel in the person of Claire L. Gargiulo, Esquire, was contacted regarding the relief sought herein, and she has voiced her opposition to this Motion. WHEREFORE, Petitioner prays this Court to grant the modification of the custody Order at the above docket with physical custody shared between Father and and Mother. Respectfully submitted, PALERMO LAW OFFICES 172 13 Michael O. Palermo, Esquire 3300 Trindle Road Camp Hill, PA 17011 (717) 635-9591 Supreme Court ID # 93334 Attorney for Plaintiff/Petitioner • JASON S. FAHNESTOCK • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. • 2002-4812 CIVIL ACTION LAW • BRANDIE N. GIBSON : " Defendant • IN CUSTODY ORDER OF COURT AND NOW, this ‘20.14 day of , 2012, upon consideration of the attached Custody Conciliation Re rt, it is ordered and directed as follows: 1. The prior Order of this Court dated July 7, 2008 is vacated and replaced with this Order. 2. The Father, Jason S. Fahnestock, and the Mother,Brandie N. Gibson, shall have shared legal custody of Alissa N. Fahnestock,born October 19, 1999. Major decisions concerning the Child including;but.not necessarily limited to, her health,welfare, education,religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made,the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However,that parent shall inform the other of the emergency and consult with him or her as .. soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist,teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. School Year: The Father shall have primary physical custody of the Child during the school year with the Mother having partial physical custody on one long weekend per month in months in which the Mother does not have custody under paragraph 3 of this Order. The Mother's weekends may take place on a Monday holiday such as Columbus Day, Martin Luther King Jr. Day, President's Day, Easter Monday or on school in-service days, with the specific arrangements for the times and days of exchanges to be arranged by agreement between the parties. F �J 5 y B. Summer School Break: During the summer school break,the Mother shall have primary physical custody of the Child from the first Friday after the last day of school through one full week prior to the beginning of the school year. During the summer school break,the Father shall have custody of the Child for one vacation week upon providing at least 30 days advance notice to the Mother and for the last full week of the summer school break, with the specific arrangements for the dates and times for exchanges to be made by agreement between the parties. C. The Father shall provide immediate notice to the Mother of any impending military deployment to enable the parties to establish alternative custodial arrangements for the Child by agreement. In the event the parties are unable to reach an agreement as to the custody arrangements during the Father's deployment and any disagreements cannot be resolved through the Court prior to deployment,the presumption shall be that the Mother shall have primary physical custody during any military deployment of the Father. For purposes of this provision, deployment shall be defined to mean that the Father is unavailable to provide care for the Child for at least six months or more. 3. The parties shall have custody of the Child on holidays as follows: A. Christmas: In even numbered years,the Mother shall have custody of the Child for the first full seven days of the Christmas school break and the Father shall have the remainder of the holiday school break. In odd numbered years,the Mother shall have the last seven full days of the Christmas holiday break and the Father shall have the remainder of the school break,unless the parties make arrangements for the Mother's seven day period to take place during another portion of the school break. - B. Thanksgiving: In every year,the Mother shall have custody of the Child over the Thanksgiving holiday from Friday morning after Thanksgiving through Monday, with the times to be arranged by agreement between the parties. C. Memorial Day: The Father shall have custody of the Child for the Memorial Day weekend every year. D. Labor Day: The Mother shall have custody of the Child for the Labor Day weekend in odd numbered years and the Father shall have custody in even numbered years. 4. Unless otherwise agreed between the parties,the Child shall continue to be enrolled in the Big Spring School District. 5. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Central Park Mall in Fredericksburg,Virginia. 6. Only the Mother shall be entitled to make arrangements for the maternal grandparents to have contact with the Child, and the Father shall refrain from making any such arrangements,except in the event of an emergency in which the Father is unable to arrange for other individuals to provide care for the Child during his unavailability or when the Father will be present with the Child at all times. 7. The non-custodial parent shall be entitled to have at least one telephone call with the Child each week. When the Mother is initiating her call with the Child, the Mother shall contact the Father's telephone. 8. The parties shall notify each other promptly of any changes to their telephone numbers or addresses on an ongoing basis. 9. The Mother acknowledges that her address for purpose of service of any legal documents shall be 1292 Corsair Drive, Apartment 104,Virginia Beach Virginia 23454. The Mother shall provide notice to the Cumberland County Prothonotary's office of any address change for the purpose of service on an ongoing basis until the Child reaches the age of majority. 10. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 12. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of this Order shall control. BY THE COURT, /5/ >n X e d-a v J. C cc: Mark F. Bayley Esquire—Counsel for Father N Brandie N. Gibson- Mother .43s, _ ors z > j i()lJ TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand //6710}- and the seal of said Court at Cariisle..oPa — This a�day o , irothonotary /91/ C 1 -7 ( 3 JASON S. FAHNESTOCK : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. : 2002-4812 CIVIL ACTION LAW • BRANDIE N. GIBSON Defendant IN CUSTODY Prior Judge: J. Wesley Oler Jr. 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 Alissa Fahnestock October 19, 1999 Mother/Father 2. A custody conciliation conference was held on August 22, 2012, with the following individuals in attendance: the Father, Jason S. Fahnestock, with his counsel, Mark F. Bayley Esquire, and the Mother, Brandie N. Gibson, who participated in the conference by telephone from her residence or place of employment in Virginia. The Mother is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached resolving the Father's Petition for Contempt and Modification. nn i�- ' • roc � �3.�< `'2.o • CJ Date Dawn S. Sunday, Esquire Custody Conciliator w . • JASON S. FAHNESTOCK • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA vs. • 2002-4812 CIVIL ACTION LAW • BRANDIE N. GIB S ON +yy Defendant • IN CUSTODY rnm c,r) — a . - ORDER OF COURT G , >c-) - T 77 AND NOW, this jit day of P7ki 203, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The prior Order of this Court dated August 28, 2012 shall continue in effect as modified by this Order. 2. The parties shall strictly adhere to the requirement that they exchange custody of the Child at the Central Park Mall in Fredericksburg, Virginia, unless the parties reach an agreement to exchange custody at another location and the agreement has been clearly confirmed in writing, including email. 3. The Mother shall have access to the Child's medical insurance ID card during her periods of custody and may make a copy for use in the event that the card is lost. 4. In 2013, the summer custody schedule shall begin on June 8, on which date the Mother shall pick up the Child at the Father's residence at a time to be selected by the Mother and communicated to the Father in advance. 5. The Mother shall promptly make arrangements for the Child to participate in counseling in Virginia during the Mother's period of summer custody so that the Child does not miss more than one weekly counseling session during the transition. The purpose of the counseling shall be to address issues of concern with regard to the Child's behavior which is currently being addressed by her counselor in Pennsylvania and, in addition, to work on issues which have arisen in the Mother- Daughter relationship. The parties shall sign all authorizations which are necessary to enable the Child's Pennsylvania and Virginia counselors to communicate with each other and share information. 6. Paragraph 6 of the prior Order of this Court dated August 28, 2012 is vacated. 7. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, • ate . r∎/ . . L. E ert Jr. J. cc: Claire L. Gargiulo Esquire—Counsel for Father Michael O. Palermo Jr. Esquire—Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof,I here unto-set my hand and thgg se of said Co at Carlisle,,Pad. This !'ya�r of al. ,20 Prothonotary JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. 2002-4812 CIVIL ACTION LAW • • BRANDIE N. GIBSON Defendant • IN CUSTODY Prior Judge: M.L. Ebert Jr. 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 AGE CURRENTLY IN CUSTODY OF Alissa Fahnestock 13 Mother/Father 2. A custody conciliation conference was held on May 7, 2013, with the following individuals in attendance: the Father, Jason S. Fahnestock, with his counsel, Claire L. Gargiulo Esquire, and the Mother's counsel, Michael O. Palermo Jr. Esquire. The Mother, Brandie N. Gibson, resides in Virginia Beach, Virginia, and participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. ;22.o/3 ca2.% Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA Tosc.i nCs-bc k NO. ZCeea•y812. • QxM N. &a,,s.,3 CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I . cxr fI b (Th , hereby swear or affirm, subject to penalties of law including 18 Pa.C.S.§4904 relating to unworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Date of conviction, Other guilty plea, no Check all household contest plea or that apply Crime Self member pending charges Sentence ❑ 18 Pa.C.S. Ch.25 ❑ ❑ (Relating to criminal homicide) ❑ 18 Pa.C.S.§2702 ❑ ❑ r (Relating to aggravated assault) s. ❑ 18 Pa.C.S.§2706 ❑ ❑ rrini (Relating to terroristic threats) ;, ❑ 18 Pa.C.S.§2709.1 ❑ ❑ (Relating to stalking) ' '; ❑ 18 Pa.C.S.§2901 ❑ ❑ --1 =. (Relating to kidnapping) ❑ 18 Pa.C.S.§2902 ❑ ❑ (Relating to unlawful restraint) ❑ 18 Pa.C.S.§2903 ❑ El (Relating to false imprisonment) ❑ 18 Pa.C.S.§2910 ❑ ❑ (Relating to luring a child into a motor vehicle or structure) Page 1 of 4 Date of conviction, Other guilty plea, no Check all household contest plea or that apply Crime Self member pending charges Sentence ❑ 18 Pa.C.S.§3121 ❑ ❑ (Relating to rape) ❑ 18 Pa.C.S.§3122.1 ❑ ❑ (Relating to statutory sexual assault) ❑ 18 Pa.C.S.§3123 ❑ ❑ (Relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (Relating to sexual assault) ❑ 18 Pa.C.S.§3125 ❑ ❑ (Relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (Relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (Relating to indecent exposure) ❑ 18 Pa.C.S.§3129 ❑ ❑ (Relating to sexual intercourse with animal) ❑ 18 Pa.C.S.§3130 ❑ ❑ (Relating to conduct relating to sex offenders) ❑ 18 Pa.C.S.§3301 ❑ ❑ (Relating to arson and related offenses) ❑ 18 Pa.C.S.§4302 ❑ ❑ (Relating to incest) ❑ 18 Pa.C.S.§4303 ❑ ❑ (Relating to concealing death of child) ❑ 18 Pa.C.S.§4304 ❑ ❑ (Relating to endangering welfare of children) Page 2 of 4 Date of conviction, Other guilty plea, no Check all household contest plea or that apply Crime Self member pending charges Sentence ❑ 18 Pa.C.S.§4305 ❑ ❑ (Relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (Relating to prostitution and related offenses) ❑ 18 Pa.C.S.§5903(c)or (d) ❑ ❑ (Relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S.§6301 ❑ ❑ (Relating to corruption of minors) ❑ 18 Pa.C.S.§6312 ❑ Cl Relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (Relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (Relating to sexual exploitation of children) ❑ 23 Pa.C.S.§6114 ❑ ❑ (Relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ Influence of drugs or alcohol ❑ Manufacture,sale, delivery ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Page 3 of 4 Check Other all that household apply Self member Date ❑ A finding of abuse by a Children & Youth Agency or ❑ ❑ similar agency in Pennsylvania or similar statute in another jurisdiction ❑ Abusive conduct as defined under the Protection From ❑ ❑ Abuse Act in Pennsylvania or similar statute in another jurisdiction ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history,please explain: I verify that the information above is true and correct to the best of my knowledge,information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. SI& )—\\-C-10 Date Signature Print or type your name here Page 4 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JASON S. FAHNESTOCK, : CIVIL ACTION - LAW Plaintiff v. : No. 2002-4812 - CUSTODY BRANDIE N. GIBSON, Defendant : M.L. Ebert,Jr., Judge CERTIFICATE OF SERVICE I, Michael O. Palermo,Jr., Esquire, attorney for Petitioner do hereby certify that I,this day caused a copy of this Petition to be served upon the following by first class mail addressed as follows: Claire L. Gargiulo, Esquire Law Offices of Charles Rector, Esquire 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011-6912 Respectfully Submitted, Palermo Law fices Date: November 7, 2013 Michael O. Palermo,J .quire 3300 Trindle Road Camp Hill, Pennsylvania 17011 (717) 635-9591 (direct) mop @palermolawofliices.com Supreme Court I.D. # 93334 Attorney for Petitioner/Defendant JASON S. FAHNESTOCK IN THE COURT OF COMMON PLEAS QyiE: u o TH0 1H0 tf PLAINTIFF : CUMBERLAND COUNTY, PENNSYLY & v. • 2002-4812 CIVIL ACTION LAW CUMBERLAND OyUN Y BRANDIE N. GIBSON • PENNSYLVANIA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday,November 15,2013 , 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,December 17,2013 9:30 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ Dawn S. Sunday, Esq.yt 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. 1E4 Cumberland County Bar Association L;+p Q-S' 132 South Bedford Street 14.1- o'i Carlisle, Pennsylvania 17013 n t (�� �} Telephone (717) 249-3166 tgiy ..2.4.).1.71 tpa/la terl l! - JASON S. FAHNESTOCK • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • vs. • 2002-4812 CIVIL ACTION LAW • BRANDIE N. GIBSON • Defendant • IN CUSTODY -10 17", t-=R CO ORDER OF COURT th Y AND NOW, this day of J O, UQJ'N , 20 11 , upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated May 14, 2013 and August 28, 2012 are vacated and replaced with this Order. 2. The Father, Jason S. Fahnestock, and the Mother, Brandie N. Gibson, shall have shared legal custody of Alissa N. Fahnestock, born in 1999. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5336, each party shall be entitled to complete and full information from any doctor, dentist, teacher,professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custodial arrangements which will best meet the needs of the Child. All costs of the evaluation shall be shared equally between the parties. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. Within 14 days of the custody conciliation conference, the parties shall select the evaluator and contact the evaluator's office to schedule the initial first appointments. The parties shall complete the custody evaluation in a timely and cooperative manner. 4. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall have physical custody of the Child in accordance with the following schedule: A. School Year: The Father shall have primary physical custody of the Child during the school year with the Mother having partial physical custody on alternating weekends, beginning December 27, 2013, from Friday after school at the bus stop at the Father's residence (or 3:00 p.m. if there is no school) through Monday morning when the Mother shall transport the Child to the bus stop at the Father's residence. In addition, the Mother shall have custody of the Child every week from Wednesday after school (or at 3:00 p.m. if there is no school) through Thursday morning when the Mother shall transport the Child to the bus stop at the Father's residence. B. Summer School Break: During the summer school break, the Mother shall have primary physical custody of the Child from the first Friday after the last day of school through one full week prior to the beginning of the school year. During the summer school break, the Father shall have partial physical custody of the Child for one weekend each month (upon providing at least 60 days advance notice to the Mother of the weekend selected) from Saturday morning at 9:00 a.m. through the following Monday at 8:00 p.m. During the summer school break the Father shall also have custody of the Child for one vacation week upon providing at least 30 days advance notice to the Mother and for the last full week of the summer school break. The Father shall schedule his vacation period of custody to include his monthly weekend period of custody during the same month. C. The Father shall provide immediate notice to the Mother of any impending military deployment to enable the parties to establish alternative custodial arrangements for the Child by agreement. In the event the parties are unable to reach an agreement as to the custody arrangements during the Father's deployment and any disagreements cannot be resolved through the Court prior to deployment, the presumption shall be that the Mother shall have primary physical custody during any military deployment of the Father. For purposes of this provision, deployment shall be defined to mean that the Father is unavailable to provide care for the Child for at least six months or more. 5. The parties shall have custody of the Child on holidays as follows: A. Christmas: In even numbered years, the Mother shall have custody of the Child for the first full seven days of the Christmas school break and the Father shall have the remainder of the holiday school break. In odd numbered years, the Mother shall have the last seven full days of the Christmas holiday break and the Father shall have the remainder of the school break, unless the parties make arrangements for the Mother's seven day period to take place during another portion of the school break. B. Thanksgiving: In every year, the Mother shall have custody of the Child over the Thanksgiving holiday from Friday morning after Thanksgiving through Monday, with the times to be arranged by agreement between the parties. C. Memorial Day: The Mother shall have custody of the Child for the Memorial Day weekend every year. D. Labor Day: The Father shall have custody of the Child for the Labor Day weekend every year. 6. Unless otherwise agreed between the parties, the Child shall continue to be enrolled in the Big Spring School District. 7. The parties shall notify each other promptly of any changes to their telephone numbers or addresses on an ongoing basis. 8. 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. Both parties shall ensure that third parties having contact with the Child comply with this provision. 9. No party shall be permitted to relocate the residence of the Child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the Child consents to the proposed relocation or the Court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. § 5337. 10. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule a follow-up custody conciliation conference for the purpose of reviewing the recommendations and establishing an ongoing custody schedule, if necessary. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, M. L. Ebert Jr. J. cc: v JTn S. Fahnestock—Father ./Michael O. Palermo Jr. Esquire—Counsel for Mother t'es Pab4 Lb' Wiy JASON S. FAHNESTOCK • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA vs. • 2002-4812 CIVIL ACTION LAW • BRANDIE N. GIBSON Defendant • IN CUSTODY Prior Judge: M. L. Ebert Jr. 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 BIRTH YEAR CURRENTLY IN CUSTODY OF Alissa Fahnestock 1999 Father 2. A custody conciliation conference was held on December 17, 2013, with the following individuals in attendance: the Father, Jason S. Fahnestock, who is not represented by counsel, and the Mother, Brandie N. Gibson, with her counsel, Michael O. Palermo Jr. Esquire. 3. The parties agreed to entry of an Order in the form as attached. f a0/ 3 Date Dawn S. Sunday, Esquire Custody Conciliator