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HomeMy WebLinkAbout04-5393JEFFREY R. POTTINGER, Plaintiff V. SHERRY M. POITINGER, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7- Y393 CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Jeffrey R. Pottinger, residing at 67 Regency South, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Sherry M. Pottinger, who last resided at 67 Regency South, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary Physical custody of the following child: NAME PRESENT RESIDENCE Alexis Diane Pottinger D.O.B. Not known. Daughter's 12/8/01 last known address was 67 Regency South, Carlisle, Cumberland County, Pennsylvania 17013. The child was not horn out of wedlock. The child is presently in the custody of Sherry M. Pottinger, whose current residence is not known, although Defendant believes she is in Rockport, Aransas County, Texas. During the past five years, the child has resided with the following persons and at the following addresses: NAME RESI- D? DATE Jeffrey R. Pottinger & Sherry M Potti 4000 Wildcat Drive, Apt. 211 . nger Portland, Texas 78374 12/8/01-5/02 Jeffrey R. Pottinger & Sherry M. Pottin er 1409 Crosby Street 5/0 g Portland Texas, 78374 2-11/02 Jeffrey R. Pottinger, Sherry M. Pottinger Neil 109 Garnett Road , Blair & Margaret Blair Rockport, Texas 78382 11/02-7/04 Jeffrey R. Pottinger, 282 Ridge Hill Road Sherry M. Pottinger, 7/048104 Maureen Pottinger, Mechanicsburg, PA 17050 Holly Pottinger, Roger Pottinger, Jesse Pottinger, & Taylor Albert Jeffrey R. Pottinger & 67 Regency South Sherry M. Pottinger Carlisle, PA 17013 8/04-10/4/04 The mother of the child is Sherry M. Pottinger, whose last known address was 67 Regency South, Carlisle, Cumberland County, Pennsylvania, 17013. She is married. The father of the child is Jeffrey R. Pottinger, currently residing at 67 Re en Carlisle, Cumberland County, Pennsylvania g cY south, ?'> ennsylvania 17013. He is married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: NAME RELATE None. JEFFREY R. POTTINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5393 CIVIL ACTION LAW SHERRY M.POTTINGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday July 01, 2005 , 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 DJ Manlove's 1901 State St., Camp Hill, PA 17011 on Wednesday, August 17, 2005 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and 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. Greevy, 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 4,-v, '-A 0 e-w-w 4(p Slys' ,* 7ev c ?p?/MNVAIAsNNP ez :c wd s- inr 3coz At iCNIOHiQad 3R I do 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following person: NAME RELATIONSHIP Alexis Diane Pottinger Daughter 6. Defendant has filed for custody in Aransas County, Texas, on October 4, 2004. There has not been litigation on this proceeding to date, although a hearing is scheduled for October 28, 2004• 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been narned as pies to this action. WHEREFORE, the Plaintiff, Jeffrey R. Pottinger, requests the court to grant him custody of the minor child, Alexis Diane Pottinger. JAMES, SAUM, DIETTERICK & CONNELLY LLP Date: By: ? ourtney L. Kishel, squ? Attorney for Plainti Post Office Box 650 Hershey, pA 17033 (717) 533-3280 PA I.D. No. 81509 RIF- VERIFICATION I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: .? ZCv • C Lti, Jeffrey R. Po ' er lk 41 o ? ?d JEFFREY R. POTTINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5393 CIVIL ACTION LAW SHERRY M. POTTINGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, November 04, 2004 , 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 301 Market Street, Lemoyne, PA 17043 on Wednesday, December 01, 2004 at 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. 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 F. Greevy, Esq. mnc 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 A ' a.ss// JEFFREY R. POTTINGER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5393 SHERRY M. POTTINGER, : CIVIL ACTION - LAW Defendant. : IN CUSTODY DEFENDANT'S PRELIMINARY OBJECTIONS TO JURISDICTION AND NOW, comes the Defendant, Sherry M. Pottinger, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Preliminary Objections to Jurisdiction and in support thereof avers as follows: 1. Defendant resides in Corpus Christi, Texas. 2. Plaintiff resides in Carlisle, Pennsylvania. 3. The parties are the parents of one minor child namely, Alexis Diane Pottinger whose date of birth is December 8, 2001. 4. On October 4, 2004, Defendant filed an Original Petition in Suit Affecting the Parent- Child Relationship in Aransas County, Texas, docketed at A-04-7141-FL where she resides. Plaintiff was served with a copy of this Petition. 5. Plaintiff filed the instant Complaint for Custody on October 26, 2004, while the Texas action is still pending. 6. The instant Complaint was not served directly upon Defendant. 7. Defendant objects to the jurisdiction of Pennsylvania and Cumberland County over this custody action. 8. Defendant objects to the jurisdiction of Cumberland County, Pennsylvania. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Pennsylvania is not the child's "home state" as defined by 23 Pa. C.S.A. § 5343 and the Commonwealth does not have jurisdiction of this matter pursuant to 23 Pa. C.S.A. §5344. The child has not resided in Cumberland County, Pennsylvania for a period of six months prior to filing the Complaint. Further, pursuant to 23 Pa. C.S.A. § 5347, a court of this Commonwealth cannot exercise jurisdiction in this matter because a proceeding concerning the custody of the child was pending in a court of another state and that state was exercising jurisdiction in conformance with the Uniform Child Custody Jurisdiction Act. 9. The child was born in Portland, Texas and continually resided in Texas until July 6, 2004, when the parties and the child left Texas by automobile and arrived in Pennsylvania on July 9, 2004. 10. On September 29, 2004, Defendant and the child left Carlisle, Pennsylvania with the Plaintiff's knowledge, and traveled to Corpus Christi, Texas. 11. The parties have had a troubled marriage for quite some time. During Defendant's stay in Texas in September 2004, Defendant determined that she could not return to Pennsylvania or to the marriage. During a telephone call with Plaintiff on October 4, 2004 the parties decided to separate. 12. Defendant objects to the jurisdiction of the Cumberland County, Pennsylvania Court as Pennsylvania is not the child's home state. 13. The child's home state is Texas and pursuant to 23 Pa. C.S.A. §§ 5344 and 5348 this custody action should be transferred to Texas as that is the state with the most significant contacts with the child. All witnesses regarding the child's daycare, welfare MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 and well-being reside in Texas. Texas is the most convenient forum and the forum with the most significant contacts with the child. 14. Defendant objects to the jurisdiction of Cumberland County and requests that this custody action be transferred to Aransas County, Texas. WHEREFORE, Defendant requests this Honorable Court transfer this custody action to Aransas County, Texas. Respectfully submitted, r -? 1 Laurie . a t giv r, Esquirk Attorney 1. D. 6138 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JEFFREY R. POTTINGER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5393 SHERRY M. POTTINGER, : CIVIL ACTION - LAW Defendant. : IN CUSTODY VERIFICATION I, Laurie A. Saltzgiver, Esquire, hereby swear and affirm that the facts contained in Defendant's Preliminary Objections to Jurisdiction are true and correct to the best of my knowledge, information, and belief based upon information provided by Sherry M. Pottinger and from my own firsthand knowledge and that said facts are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Defendant is outside the jurisdiction of this Court such that her verification cannot be timely obtained. Date: ' 1 Laurie A. Saltzgiker, Esqui Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JEFFREY R. POTTINGER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5393 SHERRY M. POTTINGER, : CIVIL ACTION - LAW Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I hereby certify on this 15th day of November, 2004, that a true and correct copy of the foregoing Defendant's Preliminary Objections to Jurisdiction was sent via first-class mail, postage pre-paid, to: Jeffrey R. Pottinger c/o Courtney L. Kishel, Esq. P.O. BOX 650 Hershey, PA 17033 LauAAal giv r \y Attorney for Defen ant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ?..., = C .. ? ' r7 _ t., ""3 ? ?.r t i-- .? __ } ; , ? ; t ?'. ? V ? r- ? ..? , t 1 'E-? . .._ "i ? 5 ? .. l ' ?"y ? „\ .... ? , j,,.n 1 ? ?., } JEFFREY R. POTTINGER, Plaintiff V. SHERRY M. POTTINGER, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS TO JURISDICTION AND NOW, this 2nd day of December, 2004, comes the above-named Plaintiff and files this Response to Defendant's Preliminary Objections to Jurisdiction. 1. Denied upon information received. Defendant resides in Aransas Pass, Texas. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, denied in part. It is denied that Defendant filed this action as a resident of Texas. Rather defendant was a resident of Pennsylvania at the time she filed the action in Texas. It is admitted that Plaintiff filed the Complaint in Custody on October 26, 2004, while the Texas action was pending. That action was subsequently dismissed by The Honorable William Adams, on October 28, 2004, holding that Texas did not have proper jurisdiction. (See Exhibit "A") 6. Admitted, with clarification. It is admitted that undersigned counsel did not directly serve the Complaint on the Defendant; however, her counsel in Texas, James M. Hendricks, Esquire in Corpus Christi, Texas, agreed to accept service on behalf of his client, the defendant, on October 26, 2004. 7. Neither admitted nor denied. No response is required. To the extent a response is required, this averment is denied. 8. Admitted in part, denied in part. It is admitted that Pennsylvania is not the child's "home state" as defined in 23 Pa.C.S.A. §5343. It is admitted that the child has not resided in Cumberland County, Pennsylvania six months prior to the filing of the Complaint. It is specifically denied that this Commonwealth does not have jurisdiction over the matter. Rather, this Commonwealth has jurisdiction to preside over this matter pursuant to 23 Pa.C.S.A. §5344(a)(4) of the Uniform Child Custody Jurisdiction Act, hereinafter "UCCJA", because Texas has declined jurisdiction in light of mothers "unjustifiable conduct". As previously stated, Judge Adams determined Pennsylvania was the more appropriate jurisdiction to hear this matter. This court also has jurisdiction pursuant to 23 Pa.C.S.A. §5344(a)(2) which provides that this Commonwealth has proper jurisdiction if it is in the child's best interest because the child and at least one parent reside in this Commonwealth and there is substantial evidence concerning the present and future care, protection and personal relationships of the child. The minor child currently resides with the Plaintiff in this Commonwealth, is enrolled in a daycare facility in this Commonwealth, has established healthy relationship with her peers, has daily interaction with Plaintiff's family, including her paternal grandmother, aunts/uncles and her cousin. Accordingly, Pennsylvania has proper jurisdiction. 9. Denied. Alexis Pottinger was born in Corpus Christi, Texas. 10. Admitted with clarification. Defendant advised Plaintiff that she had to travel to Corpus Christi, Texas for a business trip. On September 29, 2004, Defendant left Carlisle, Pennsylvania with minor child so that a visit could occur between the minor child and Defendant's parents (child's maternal grandparents) while in Corpus Christi. Under no circumstances was Plaintiff aware that Defendant intended to remain in Texas. Rather, Defendant advised Plaintiff of her intentions to permanently reside in Texas with their minor child after she had already filed the action in Texas. 11. Denied. Plaintiff denies that the parties had a troubled marriage. It is specifically denied that the parties decided to separation on October 4, 2004. Rather, Defendant filed an action in Texas on October 4, 2004. Plaintiff asserts that Defendant unilaterally decided to remain in Texas to continue her extra-marital affair, without discussing the marriage or the minor child with Plaintiff. 12. No response required. 13. Denied. The Honorable William Adams has previously determined that Texas is not the appropriate jurisdiction to handle the custody matter, in light of Defendant's "unjustifiable conduct." Moreover, he determined that Pennsylvania was the appropriate juriscition. Accordingly, this Commonwealth has appropriate jurisdiction, pursuant to 23 Pa.C.S.A. §5344(a)(2) and (4). It is specifically denied that Texas is the most convenient forum, or that Texas has more significant contacts with the child. Plaintiff has resided here since July 9, 2004, his daughter currently resides here with him, Plaintiffs family resides here in Carlisle, Pennsylvania, and the child has daily interaction with Plaintiffs family, including her paternal grandmother, aunts/uncles and cousin. As previously mentioned, the minor child is enrolled in daycare in this Commonwealth and has established healthy relationship with her peers. 14. Denied. A Judge in Aransas County, Texas has refused to hear this matter on the basis that Texas is not the appropriate jurisdiction to hear this custody matter. WHEREFORE, the Plaintiff, Jeffrey R. Pottinger, respectfully requests this Honorable Court to deny Defendant's Preliminary Objections to Jurisdiction and maintain this action in Cumberland County, Pennsylvania. Respectfully submitted, Date: ??•? o2 f By: 0),519?,? Courtney L. Kish 1, .:squire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 81509 JEFFREY R. POTTINGER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5393 SHERRY M. POTTINGER, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Jeffrey R. Pottinger, hereby certify that 1 have served a copy of the foregoing Answer on the following on the date and in the manner indicated below: FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID AND FACSIMILE (717) 236-2817 Laurie Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street Harrisburg, PA 17108 Dated: yj V ourtney L. Kish n 4, ire James, Smith, Di erick & Connelly, LLP P.O. 650 Hershey, PA 17033 Counsel for Plaintiff (717) 533-3280 PA I.D. #81509 EXHIBIT A CAUSE NO. A-04-7141-FL IN THE INTEREST OF § IN THE COUNTY COURT ALEXIS DIANE POTTINGER, § AT LAW A MINOR CHILD § ARANSAS COUNTY, TEXAS RULING ON PLEA TO THE JURISDICTION On the 28" day of October, 2004, came on to be considered the Plea to this Court's Jurisdiction filed by JEFFERY POTTINGER, Respondent in the above cause. Petitioner, SHERRY POTTINGER appeared in person and by and through her attorney, James Hendrex, and announced ready. Respondent, JEFFERY POTTINGER, appeared in person and by and through his attorney, Michael P. O'Reilly, and announced ready. The Court, after having considered the evidence and argument of counsel, finds that it should decline jurisdiction in this matter by reason of the unjustifiable conduct of SHERRY POTTINGER. IT IS THEREFORE ORDERED that Texas does not have jurisdiction in this matter and that the question of custody of the minor child should be more properly litigated in Pennsylvania. The Court does find that it does have jurisdiction to enteffemporary Emergency Orders pursuant to section 152.204, Texas Family Code, and further that the parties have entered into an agreement concerning Temporary Orders in this matter. The Court further finds that the agreement of the parties is in the best interest of the minor child, ALEXIS DIANE POTTINGER. Cause Na. A-04-7141 FL-A day of ?' 1Z -D 20 Ruling on Plea to the Jurisdiction at .5t,.5 o'clock ? M Pam Heard, District Clerk County C aw, Aransas Co., Texas j .--e.-? y By =_ Page 1 of 3 It is therefore ordered that Respondent, JEFFERY POTTINGER shall have possession of the minor child, ALEXIS DIANE POTTINGER from 4:00 pm to 8:00 pm, on October 28, 2004, and October 29, 2004. JEFFERY POTTINGER shall pick up the child and return the child to the residence of SHERRY POTTINGER. IT IS FURTHER ORDERED that JEFFERY POTTINGER shall then pick up the child at 4:00 pm, on Saturday, October 30, 2004, and shall have possession of the child until 4:00 pm, on December 4, 2004. On December 4, 2004, SHERRY POTTINGER shall pick up the child at the home of JEFFERY POTTINGER and shall have possession from December 4, 2004, until January 8, 2005, In the event that a final trial cannot be scheduled by early January of 2005, the parties will continue to alternate possession of the minor child in 35 day increments and the party that is entitled to the next possession will be obligated to pick up the child from the home of the party currently in possession. The parties have agreed, and IT IS THEREFORE ORDERED that this case shall be scheduled for a final trial and final disposition in early January of 2005, or as soon thereafter as can be arranged in the Courts in Pennsylvania. It is further ordered that each party (during their period of non-possession) shall have reasonable daily telephone contact with the minor child, ALEXIS DIANE POTTINGER. It is the intention of the parties AND IT IS THEREFORE ORDERED that this Order and the agreement of the parties is intended to be enforceable in all states including specifically the state of Pennsylvania and the state of Texas. Cause No. A-04-7141 FL-A Ruling on Plea to the Jurisdiction Page 2 of 3 IT IS FURTHER ORDERED that each party shall be responsible for their own attorney's fees and costs incurred herein, and costs are assessed against the party by whom incurred. Rendered as a judgment on October 28, 2004, but ministerially SIGNED on the ! day of November, 2004. JUDGE PRESIDING APPROVED AS TO FORM ONLY: James Hendrex Michael P. O'Reilly M Attorney for Sherry Pottinger Attorney ry g SBN: 09448980 SBN:15301000 1 126 Third Street 1402 N. Chaparral Street Corpus Christi, TX 78404 Corpus Christi, TX 78401 office: 361-884-3488 office: 361-887-7444 fax: 361-884-3688 fax: 361-887-7732 1 ' for .leffe Pottin Cause No. A-04-7141 FL-A Ruling on Plea to the Jurisdiction Page 3 of 3 STAR= OF T EXA5 COUNTY OF ARANSAS ?am Heard, District Cierk, of Aransas County, Texas, do hereby certify that the foregoing is a true and correct copy of the original record, now in my lawful custody and possession, as appears of record in volume image of the Records of the County Court at Law on file i offic and and se o ere, this dayy of 20 PAM D, DISTR ERK Aran y x a Day VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4944 relating to unworn falsification to authorities. Date: Qr -5- 0 Jeffrey R. Pottin C7 ^J t:.:.:> _ ? _ ' _c-- i 1 _7 ? ' :i' ?'? ? "-I _ ? C"'? ?? i ? _r 1 -- ... ? i ? ? (, ? ? .., a -? _? i ..-? {'?1 .. ? i ?) ..rw ?~? ?-..? ?+.': Karen L. Wachter, Plaintiff DEC (5200 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v Roger W. Decker, NO. 04- 5,498 CIVIL TERM Defendant PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this 15th day of December 2004, upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 16, 2004, by this Court's Order of December 9, 2004, is hereby rescheduled for hearing on 1) as-ass ct. *1-7 -` ji 0A.m in Courtroom No.5 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect through May 1, 2006, or until farther Order of Court, whichever comes first. e Court, 0000 Edward E. Guido, Judge Grace E. D'Alo, Attorney for Plaintiff Geoffrey Biringer, Attorney for Plaintiff Jessica Diamondstone, Attorney for Plaintiff MidPenn Legal Services Decker, Pro Se Defendant 2449 Walnut Street Harrisburg PA 17105 8 IrviRogerne Row Carlisle, W PA 17013 . ` 1 Karen L. Wachter, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 04- -1498 CIVIL TERM Roger W. Decker, Defendant PROTECTION FROM ABUSE MOTION FOR CONTI14UANCE Plaintiff, Karen L Wachter, by and through her attorneys, Jessica Diamondstone and Grace E. D'Alo of MidPenn Legal Services, moves the. Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on November 2, 2004, scheduling a hearing for November 10, 2004, at 3:30 p.m. 2. A Order for Continuance was granted on November 10, 2004 rescheduling the hearing to November 29, 2004. 3. An order for continuance was granted on November 22, 2004 rescheduling the hearing to December 16, 2004. 3. The Defendant has not been served as of this date, December 15, 2004. 4. Attorney for Plaintiff requests a continuance; of this hearing to allow for the defendant to be served at a new address. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect through April May 1, 2006, or until further Order of Court, whichever comes first. Respectfully Submitted, MIDPENN LEGAL SERVICES BY: Grace E. D'Alo, Attorney for Plaintiff Jessica Diamondstone, Attorney for Plaintiff 8 Irvine Row Carlisle, PA 17013 ?.-?-?i ?_? a ?? ?-? _?_ r-?a :., ? c-? - ;, ?;. `? ;;`,? _., -_ ?,•? JEFFREY R. POTTINGER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5393 SHERRY M. POTTINGER CIVIL ACTION - LAW Defendant IN CUSTODY TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONOF:ABLE EDGAR B. BAYLEY, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on December 28, 2004 in Courtroom Number 2. APPEARANCES: Courtney L. Kishel, Esquire For the Plaintiff Laurie A. Saltzgiver, Esquire For the Defendant 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 December 28, 2004 Carlisle, Pennsylvania (The following proceedings were held at 2:18 p.m.) THE COURT: This is the custody case jurisdiction I issue? MS. KISHEL: Yes, Your Flonor. THE COURT: I understand there is an agreement. MS. SALTZGIVER: Yes, we do have an agreement, Your i Honor. THE COURT: Fine, we will put the agreement on the record, and I will put it into the form of an order. MS. SALTZGIVER: The parties, Jeffrey Pottinger and Sherry Pottinger, have reached an agreement regarding the custody of their child, Alexis Diane Pottinger, whose date of birth is December 8, 2001. The parties shall have shared legal and physical custody of Alexis. The parties shall share all information regarding Alexis, including all medical information, educational information and day care information. The mother shall have physical custody of Alexis for nine days each month from a Friday until a Sunday. Mother shall also have physical custody of Alexis for the entire month of June and July of each year. Father shall have physical custody of Alexis at all other times. Mother shall provide and pay for all transportation 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for Alexis. Mother shall pay for all plane fares and shall travel with the child. Father agrees to meet the child at the airport in a timely fashion. In exchange for mother's payment of all transportation, the parties waive any claim for spousal support or child support. The parties shall alternate the holidays. They shall split the Christmas holiday and the New Years holiday, and they shall alternate Thanksgiving holiday and the Easter holiday. Mother had Christmas this year, so father shall have Christmas in 2005. Mother shall have New Years this year and she will also have New Years in 2005 because of the current schedule. Mother shall have Thanksgiving in 2005, and the father shall have Easter in 2005 and the holidays shall alternate thereafter. We have agreed that the schedule shall be effective currently, however, the parties acknowledge that the child is currently in mother's custody and the child shall remain in mother's custody until Saturday, January 15, 2005, and that shall be considered to be mother's period of custody for the month of January. The parties agree that they shall alternate taking the child as an income tax deduction each year. Father shall be permitted to take the child as a tax deduction for the tax year 2004. If either party is visiting in either Pennsylvania 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or Texas, they shall have the right to visit with the child, and the parties can just make all arrangements for that visitation. THE COURT: So agreed. MS. KISHEL: Just that one weekend in July that my client can come down. MS. SALTZGIVER: That shall include a period of visitation for father in Texas over his birthday in July. THE COURT: Of each year? MS. SALTZGIVER: Of each year. THE COURT: I will put that in order form. It might take me a little while to get it out, but I will get an order out for you. Now, do I understand, one, this was brought before me today on a jurisdictional issue, Texas had entered a temporary order but declined jurisdiction? MS. KISHEL: That is correct, Your Honor. THE COURT: So this not only is a resolution of the jurisdictional issue but this is a comprehensive resolution of the merits of the custody case? I i MS. KISHEL: Correct. I MS. SALTZGIVER: Yes. I THE COURT: What I enter will be a final order with jurisdiction, of course? MS. SALTZGIVER: That is correct. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. KISHEL: That's correct. THE COURT: I am happy to do so. Court is in recess on this case. (Court adjourned at 2:23 p.m.) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. 62 A"M? .> Patricia C. Barrett Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. J,9 Date 6 JV `W V'iJ VL 330 WZ 3Hi ?o JEFFREY R. POTTINGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRY M. POTTINGER, DEFENDANT 04-5393 CIVIL TERM ORDER OF COURT AND NOW, this '0"j?A. day of January, 2005, the parties having reached a comprehensive custody agreement resolving all such issues before the court, IT IS ORDERED: (1) Jeffrey R. Pottinger and Sherry M. Pottinger shall have joint legal custody of Alexis Diane Pottinger, born December 8, 2001. (2) The mother shall have Alexis nine days each month from a Friday until a Sunday, the days to be set by the parents, and for the entire months of June and July each year. The father shall have Alexis at all other times. (3) The mother shall pay for all roundtrip transportation between Pennsylvania and Texas and shall travel with Alexis. The father will meet Alexis at the airport. (4) The father shall have Alexis for Easter in 2005, and the mother shall have her for Thanksgiving in 2005. These holidays shall alternate thereafter. (5) The mother shall have New Years Day in 2005. (6) The father shall have Christmas in 2005, and the mother shall have New Years Day in 2006. These holidays shall alternate thereafter. (7) Alexis is now with the mother until January 15th, which time will be her period with Alexis for January, 2005. (8) If the father is in Texas or the mother is in Pennsylvania, that parent may visit with Alexis. By Edgar B. Bayley, J. ?"ourtney L. Kishel, Esquire For Plaintiff ,, curie A. Saltzgiver, Esquire For Defendant :sal ol -o7-c?5 ? :I Hd £- NVC SOOZ At3 ?lUi ? ?? i? ci 31- ?o Da?0-( 11 JEFFREY R. POTTINGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5393 SHERRY M. POTTINGER, : CIVIL ACTION - LAW Defendant : IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM AND NOW, this ULA_ day of February, 2005, comes the above-named Plaintiff by and through his attorney, Courtney L. Kishel, Esquire of James, Smith, Dietterick & Connelly, LLP and files an Answer to Defendant's Counterclaim as follows: 17. No answer required. 18. Admitted upon information and belief. 19. Admitted. 20. This averment states a conclusion of law to which no response is required. Respectfully submitted, Date: - • U 6 [1A1LyJkk"q - ub Courtney L. Kishe Esquire Attorney for Plait ti Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 81509 JEFFREY R. POTTINGER, Plaintiff V. SHERRY M. POTTINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Jeffrey R. Pottinger, hereby certify that I have served a copy of the foregoing document on the following on the date and in the manner indicated below: FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Ms. Sherry M. Pottinger c/o Laurie Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 Dated: 4 - I ? ' D6 O'v? i k 0? V, J?" 10 Courtney L. Kish ,Esquire Attorney for Plain ff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 81509 JEFFREY R. POTTINGER Original Plaintiff and current Respondent vs. SHERRY M. POTTINGER, Original Defendant and current Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL TERM CIVIL ACTION - LAW CUSTODY PETITION OF SHERRY M. POTTINGER FOR MODIFICATION OF JANUARY 3.2005 CUSTODY ORDER The Petitioner is Sherry M. Pottinger who is currently residing at 408 Glenmore, Corpus Christi, Texas 78412. 2. The Respondent is Jeffrey R. Pottinger who is currently residing at 67 Regency South, Carlisle, Pennsylvania 17013. 3. The minor child Alexis Diane Pottinger (D.O.B. 12/8/2001) has resided at the following addresses at the following times with the following people: a) 4000 Wildcat Drive, Apt. 211, Portland, Texas, from December 8, 2001 to May 2002, with Jeffrey R. Pottinger & Sherry M. Pottinger; b) 1409 Crosby Street, Portland Texas, from May 2002 until November 2002, with Jeffrey R. Pottinger & Sherry M. Pottinger; c) 109 Garnett Rockport, Texas, from November 2002 until July 2004, with Jeffrey R. Porringer, Sherry M. Pottinger, Neil Blair and Margaret Blair; d) 282 Ridge Hill Road, Mechanicsburg, PA, from July 2004 until August 2004, with Jeffrey R. Pottinger, Sherry M. Pottinger, Maureen Pottinger, Holly Pottinger, Roger Porringer, Jesse Porringer and Taylor Albert; e) 67 Regency South, Carlisle, PA, from August 2004 until October 4, 2004, with Jeffrey R. Pottinger & Sherry M. Pottinger; f) 109 Garnet Road, Rockport, TX, from October 4, 2004 until October 15, 2004, with Sherry M. Pottinger, Neal Blair and Marie Blair. g) 2414 Sawyer Lane, Aransas Pass, TX, from October 15, 2004 until October 30, 2004, with Sherry M. Pottinger h) 67 Regency South, Carlisle, PA, from October 30, 2004 until December 4, 2004, with Jeffrey R. Pottinger i) 2414 Sawyer Lane, Aransas Pass, TX, from December 4, 2004 until January 15, 2005, with Sherry M. Pottinger j) 67 Regency South, Carlisle, PA, from January 15, 2005 until February 17, 2005, with Jeffrey R. Pottinger. k) 2414 Sawyer Lane, Aransas Pass, TX, from February 17, 2005 until February 26, 2005, with Sherry M. Pottinger. 1) 67 Regency South, Carlisle, PA, from February 26, 2005 until March 15, 2005, with Jeffrey R. Pottinger. m) 408 Glenmore, Corpus Christi, TX, from March 15, 2005 until March 23, 2005, with Sherry M. Pottinger n) 67 Regency South, Carlisle, PA, from March 23, 2005 until April 15, 2005, with Jeffrey R. Pottinger. o) 408 Glenmore, Corpus Christi, TX, from April 15, 2005 until April 24, 2005, with Sherry M. Pottinger. p) 67 Regency South, Carlisle, PA, from April 24, 2005 until May 13, 2005, with Jeffrey R. Potringer. q) 408 Glenmore, Corpus Christi, TX, from May 13, 2005 until May 22, 2005, with Sherry M. Pottinger. r) 67 Regency South, Carlisle, PA, from May 22, 2005 until June 1, 2005, with Jeffrey R. Pottinger. s) 408 Glenmore, Corpus Christi, TX, from Jame 1, 2005 until July 31, 2005, with Sherry M. Pottinger. 4. On January 3, 2005 an Order of Court setting forth Custody rights of the parties to Alexis was entered by the Court. A true and correct copy of that Order is attached as Exhibit "A" 5. The aforesaid Order should be modified to grant primary physical custody to Sherry M. Pottinger because in many significant aspects (behaviorally, emotionally, etc.), Alexis is not progressing as well as she would be progressing if Sherry M. Pottinger resumed being Alexis' primary physical caretaker. 6. Alternatively, at least for a 1 year period beginning January 2006, it would be in the best interests of Alexis to have contact with her mother on a primary basis since Jeffrey R. Potringer had/will have primary physical custody for the 1 year period beginning in January 2005. 7. Currently, the basic physical custody arrangements (excluding holidays) set forth in the current custody Order are that Sherry M. Porringer receives 9 days every month plus all of June and July. 8. Paragraph 3 of the January 3, 2005 Order provides that Sherry M. Pottinger should pay for all transportation expenses and that Sherry M. Pottinger should always be the one to travel with Alexis. 9. It is unfair that Sherry M. Pottinger be Court Ordered to pay for all of the transportation expenses and also to be Court Ordered to always be the one who must travel with Alexis. 10. It would be most equitable if 1) transportation expenses; and 2) who travels with Alexis be evenly divided between the parties. WHEREFORE, Sherry M. Pottinger requests the following: A) The Court grant her physical custody every month for the entire month, less 9 days to Jeffrey R. Pottinger. Additionally, for years 2006 and beyond, Sherry M. Pottinger has no objection to Jeffrey R. Pottinger receiving physical custody every June and July; and B) The Court Order that the responsibility for transportation expenses and who travels with Alexis be evenly divided between the parties. YOFFE & YOFFE, P.C. By ` d1l E F N. Y(IFFE, ESQUIRE Attorney for Sherry M. Pottinger 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 JEFFREY R. POTTINGER Original Plaintiff and current Respondent VS. SHERRY M. POTTINGER, Original Defendant and current Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL, TERM CIVIL ACTION - LAW CUSTODY VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Petition are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: / S ERRY M. P TTIN ER 1. .. JEFFREY R. POTTINGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRY M. POTTINGER, DEFENDANT 04-5393 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2005, the parties having reached a comprehensive custody agreement resolving all such issues before the court, IT IS ORDERED: (1) Jeffrey R. Pottinger and Sherry M. Pottinger shall have joint legal custody of Alexis Diane Pottinger, born December 8, 2001. (2) The mother shall have Alexis nine days each month from a Friday until a Sunday, the days to be set by the parents, and for the entire months of June and July each year. The father shall have Alexis at all other times. (3) The mother shall pay for all roundtrip transportation between Pennsylvania and Texas and shall travel with Alexis. The father will meet Alexis at the airport. (4) The father shall have Alexis for Easter in 2005, and the mother shall have her for Thanksgiving in 2005. These holidays shall alternate thereafter. (5) The mother shall have New Years Day in 2005. (6) The father shall have Christmas in 2005, and the mother shall have New Years Day in 2006. These holidays shall alternate thereafter. (7) Alexis is now with the mother until January 15th, which time will be her period with Alexis for January, 2005. EXHIBIT "A" (8) If the father is in Texas or the mother is in Pennsylvania, that parent may visit with Alexis. By / z? Edgar B. Bayley, J. Courtney L. Kishel, Esquire For Plaintiff Laurie A. Saltzgiver, Esquire For Defendant :sal TRUE COPY FROM RECORD In Testimony whet of, I, here unto set my hand an a seal if sai Court'aa Carlisle, Pa. T i 7..-..:. y .141111 ?•.. EXHIBIT "A" Pro honotaN JEFFREY R. POTTINGER Original Plaintiff and current Respondent VS. SHERRY M. POTTINGER, Original Defendant and current Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing petition on Courtney L. Kishel, Esq. Service was accomplished by e-mailing the same to her at clk@jsdc.com. Date: June 23, 2005 YOFFE & YOFFE, P.C. By 1A j F N. YO FE, ESQUIRE Attorney for Sherry M. Pottinger 214 Senate .Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 -64, ? C3 .L ? - ?., `tJ '?'`" -?, . ? ?c?? CJt ?n '? c ?+ ti _. r•.a JEFFREY R. POTTINGER Plaintiff vs. SHERRY M. POTTINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER/WITHDRAW APPEARANCE On behalf of Sherry M. Pottinger, please enter the appearance of Jeffrey N. Yoffe, Esq. and withdraw the appearance of Laurie A. Saltzgiver, Esq. MEYERS, DESFOR, SALTZGIVER & BOYLE By 410 North Second Se( P.O. Box 1062 \\ Harrisburg, PA 17108 (717) 236-9428 Attorney ID No. 613 82 YOFFE & YOFFE, P.C. By fey N. o fe, Esquire 214 Senate Avenue, Suite 203 Camp Hill, PA. 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizo,u.net G l r Y P cG V :> -r ?._ -n rt5 )?ECEIVED SEP 2 0 2005 JEFFREY R. POTTINGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SHERRY M. POTTINGER, Defendant BAYLEY, J. --- NO. 04-5393 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this as ?? day of September, 2005 upon consideration of the Custody Conciliation Summary Report and it appearing that the parties are in need of a hearing, it is hereby ordered and directed as follows: 1. A hearing is scheduled in Courtroom Number 2 of the Cumberland County Courthouse, on the Rj9 day of , 2005, at I : 36 o'clock M., at which time testimony will be taken. For the purposes of the hearing, the Mother, S erry M. Pottinger, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date.? BY THE COURT: 1 - E g??lej/J. Dist: yCourtney L. Kishel, Esquire, PO Box 650, Hershey, PA 17033 ydtffrey N. Yoffe, Esquire, Yoffe & Yoffe, P.C., 214 Senate Ave., Suite 203, Camp Hill, PA 17011 V Oct f?f? FILED OF ? ?FF1C He 2000 SCE' 22 PM 12: 5 7 JEFFREY R. POTTINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL TERM V. CIVIL ACTION - LAW SHERRY M. POTTINGER, Defendant 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 Alexis Diane Pottinger December 8, 2001 Father 2. Mother filed a Petition for Modification of the Order on July 28, 2005. The last Order in this matter was January 3, 2005 by Judge Bayley. A Custody Conciliation Conference was held on August 17, 2005 with the following individuals in attendance: the Father, Jeffrey R. Pottinger, and his counsel, Courtney Kishel, Esquire; the Mother, Sherry M. Pottinger, and her counsel, Jeffrey N. Yoffe, Esquire. 3. Mother's Position on Custody is as Follows: Mother seeks primary physical custody because she claims the child is not progressing as well as she did when she was the primary custodial parent. Alternatively, she seeks to have a month on/month off schedule. Additionally, she wants to equally share the cost of transportation expenses and include both parents' participation in traveling with this young child incident to custodial exchanges which are occurring between Pennsylvania and Corpus Christi, Texas. Mother alleges that Father has not been following a diet excluding foods to which she believes the child has drug allergies. She reports concern with the care that Father gives and believes that the child is happier when she is with Mother in Texas. Mother expressed concern that this three-year old knows the color of Father's girlfriend's undergarments. She also expressed concerns that Father had not listed her as a parent when he filled out the paperwork to enroll the child in daycare. Finally, she raises the issue of Father's use of alcohol. Mother denies that the child is exposed to second-hand smoke in her home or vehicle. However, she acknowledges that her parents smoke and that the odor of cigarettes may linger in their home during the time of the child's visits there. Mother contends that she did not understand that she was surrendering primary custody at the time that she agreed to the terms of the Order. NO. 04-5393 CIVIL TERM 4. Father's Position on Custody is as follows: Father reports that he has taken the child to a local allergist who has indicated to him that she is allergy-free and free to eat products with milk and eggs in them at this point. He also reports the child is doing well in daycare. However, he acknowledges that the parties have a vastly different philosophy with regard to the use of medication. In preparation for the Conciliation Conference, he obtained the child's medical records and noted that "every time she goes to Texas, within a few days she has been seen by a physician". The child has tubes in her ears. He has concerns about the frequency with which she is prescribed medication and sniffles. Father represents that the child has not become ill in Pennsylvania. Father did note that Dr. Zumoff has recommended the child not be exposed to second-hand smoke which apparently occurs in the maternal grandparents' home. Father had been content with the Order as is but is now expressing concerns about the child's frequent medical visits when in Mother's custody. 5. The parties were not able to reach an agreement modifying the terms of the Order of January 3, 2005. This Order had been entered upon mutual agreement of the parties. Mother now regrets that decision and seeks a full-day custod earin for its review. q/'?? Date A//Ut tu f Melissa Peel Greevy, Esquire Custody Conciliator MPG:ead:257678 iQ SPP??? a??? F-i JEFFREY R. POTTINGER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRY M. POTTINGER, DEFENDANT 04-5393 CIVIL TERM -ORDER OF COURT AND NOW, this 1 -" day of November, 2005, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Jeffrey R. Pottinger and Sherry M. Pottinger shall have joint legal custody of Alexis Diane Pottinger, born December 8, 2001. (3) The mother and father shall have shared physical custody of Alexis on the following schedule: (a) The father shall have Alexis from now until the end of 2005. (b) Except as set forth in subparagraph (c), starting in January, 2006, until Alexis begins kindergarten in 2007, the mother and father shall share physical custody in alternate months, with exchanges on the first day of each month unless an exchange on another day is agreed to by both parents.' The mother shall have Alexis in January, 2006. (c) In December, 2006, when the father will have Alexis, the exchange back to the mother shall occur on December 215', with the next exchange back to the father on February 1, 2007. ' In making any adjustments to the exchange dates, the parents shall consider each others work schedule and the costs of transportation. (3) The mother shall travel with Alexis from Texas and back for her periods of shared physical custody. She shall pay for all of her airfare and the father shall pay for all of the airfare of Alexis. The father or his designee shall meet and return Alexis to the airport. (4) When out of physical custody, a parent may call Alexis one ti3ne each day. By the Court, Edgar B. Bayley, J. /Ourtney L. Kishel, Esquire For Jeffrey R. Pottinger ,,4'e'ffrey N. Yoffe, Esquire For Sherry M. Pottinger sal G ( DEC 0 8 2005 F JEFFREY R. POTTINGER, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner :CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 04-5393 SHERRY M. POTTINGER, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY RULE TO SHOW CAUSE And now, this \ day of December, 2005, the Respondent is order to show cause, if any, as to why Petitioner's Petition for Reconsideration should not be granted. Respondent's answer is due in ?? days from the date of service. t to&, ,-16ourtney L. Kishel, Esquire For Jeffrey R. Pottinger VJetliey N. Yoffe, Esquire For Sherry M. Pottinger w n S144'?9 t: A,iN !t 1 1 : E I HV 61 330 OR AI itiQ G :C :d -14 JEFFREY R. POTTINGER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. SHERRY M. POTTINGER, Defendant/Respondent NO. 04-5393 CIVIL TERM CIVIL ACTION - LAW CUSTODY RESPONSE OF SHERRY M. POTTINGER TO PETITION FOR RECONSIDERATION FILED BY JEFFREY R. POTTINGER ON DECEMBER 7, 2005 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. By way of further response, Father has physical custody of the minor child for her birthday in both 2005 and 2006. That is valuable time that Father gets and which is not referenced in paragraph 7 of his petition for reconsideration. 8. Denied. As reflected in the Court's January 3, 2005 Order the parties only agreed to divide Easter, Thanksgiving, New Years Day and Christmas. By way of further response. Father had physical custody of the minor child for Easter in 2005 - a religious holiday which is important to Mother - and pursuant to the Court's November 30, 2005 Order, Father is to get Easter again in Year 2006. 9. Paragraph 9 contains no factual allegations exist which can be Admitted or Denied, however, to the extent a response is required, Mother Denies paragraph 9 and objects to what Father proposes in paragraphs 9A and 9B. Set forth below are the reasons why Mother rejects Father's requested relief and also set forth. below is Mother's proposal for resolving Father's concerns: A. Father's proposal would entail Mother not having significant contact with Alexis for a 2 consecutive month period - October and November 2006. This is too long a period of time for Mother and Alexis to comfortably handle and would not be in the best interests of Alexis. B. Under Father's proposal, Father gains 5 days in July 2006 (July 1, 2006 through and including July 5, 2006) plus 30 days in November 2006 for a total of 35 days. Father does lose 20 days in December 2006 (December 1, 2006 through and including December 20, 2006), however, the net gain to Father is 15 days over and above what the November 30, 2005 Order granted to him. Likewise, under Father's proposal, Mother loses 5 days in July 2006 (July 1, 2006 through and including July 5, 2006) plus 30 days in November 2006 for a total of 35 days. Mother does gain 20 days in December 2006 (December 1, 2006 through and including December 20, 2006), however, the net loss to Mother is 15 days compared to what the November 30, 2005 Order granted to her; C. In an effort to compromise with Father and satisfy his demands, if Mother gets time with Alexis for Easter 2006 (as further described below), Mother offers that for the Fourth of July holiday in 2006, Father can keep Alexis until the morning of July 5. The morning of July 5, Mother, who anticipates being in New York State anyway, will drive to pick Alexis up from Father's house. Mother offers that for the Thanksgiving holiday in 2006, she will travel to Pennsylvania with Alexis and drop Alexis off at Father's house on Wednesday evening, November 22. Mother will then pick up Alexis from Father's house on Saturday evening, November 25. Mother's offers to give Father time over July 4th and Thanksgiving 2006 are conditional upon the Court also Ordering that Mother be able to travel to Pennsylvania and pick Alexis up the morning of April 15, 2006 and return her to Father's house the morning of April 17, 2006. This April 15 to April 17 block of time would allow Mother to spend time with Alexis over the Easter 2006 holiday - a holiday which is important to Mother. If the: Court permits Mother to have her proposed April 15, 2006 to April 17, 2006 block of time with Alexis over the Easter holiday, then Mother also is willing to pay for 100% of the transportation expenses associated with the Thanksgiving and Easter transfers of physical custody set forth in this subparagraph. D. Mother objects to paragraph 9A of Father's petition for reconsideration to the extent it allows Alexis to be returned to mother anytime after July 5, 2006. Father should be required to return Alexis to Mother on the morning of July 5, 2006. 10. Denied. Father's proposal takes 15 days away from Mother as compared to the Court's November 30, 2005 Order. 11. Admitted, however, expense is not Mother's primary concern. Spending time with Alexis is Mother's primary concern. 12. For the reasons set forth in paragraphs 1 through 11 above, incorporated herein by reference, paragraph 12 is denied. Mother believes her offer set forth in paragraph 9 is the best solution taking into consideration what both Mother and Father want while still adhering as closely as possible to the intent of the Court's November 30, 2005 Order. WHEREFORE, Mother, Sherry M. Pottinger, requests the Court make the following amendments to its November 30, 2005 Order: A. 3(d) Notwithstanding paragraph 3(b) above, Father's custody of Alexis in June shall extend through the Fourth of July holiday and physical custody of Alexis shall go back to Mother on the morning of July 5, 2006; B. 3(e) Notwithstanding paragraph 3(b) above, for the Thanksgiving holiday in 2006, Mother will travel to Pennsylvania with Alexis and drop Alexis off Wednesday evening, November 22, at Father's house and pick Alexis up from Father's house on Saturday evening, November 25. Mother shall be responsible for 100% of the transportation expenses associated with this Thanksgiving holiday transfer of physical custody; C. 3(f) Notwithstanding paragraph 3(b) above, Mother shall be permitted to travel to Pennsylvania and pick Alexis up from Father's house the morning of April 15, 2006 and return Alexis to Father's house the morning of April 17, 2006. Mother shall be responsible for 100% of the transportation expenses associated with this Easter holiday transfer of physical custody. YOFFE & YOFFE, P.C. 7 F Y O FE, ESQUIRE Attorney for Sherry M. Pottinger 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No, 52933 JEFFREY R. POTTINGER, Plaintiff/Petitioner vs. SHERRY M. POTTENGER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing petition on Courtney L. Kishel, Esq. Service was accomplished by mailing the same to her by First Class U.S. mail addressed as follows: Courtney L. Kishel, Esq. P.O. Box 650 Hershey, PA 17033 YOFFE & YOFFE, P.C. Date: January 5, 2006 By 4 Rf?f F N. Y E, ESQUIRE /Attorney for Sherry M. Pottinger 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 !,? r•? (:? -n r -'_t _ ??--7 U? r? `) ' _,... _ , e", (.) - r.? ?i JEFFREY R. POTTINGER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRY M. POTTINGER, DEFENDANT 04-5393 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2006, having reviewed the petition of Jeffrey R. Pottinger for modification of the order of November 30, 2005, and the response including suggestions filed by Sherry M. Pottinger, the petition, IS DENIED.' ..Courtney L. Kishel, Esquire For Jeffrey R. Pottinger Jeffrey N. Yoffe, Esquire For Sherry M. Pottinger sal V\ 11,7 By the Court, Edgar B. Bayley, J. } 'The order of shared custody of November 30, 2005, was a pragmatic resolution regarding this preschool child given that the father lives in Pennsylvania and the mother lives in Texas. We recognized in Footnote 1 that the parents could, by agreement, make adjustments in the implementation of this order. Both parties now seek different adjustments. We will not revisit the matter absent their agreement. (_ "`a }[.= G ii G_ L? _ t- ?.i -" {T. r_? ; - i.. l' ? ? . ,? ';: .. .. ^ 4 :1J GJ -C JEFFREY R. POTTINGER Original Plaintiff and current Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL TERM SHERRY M. POTTINGER, : CIVIL ACTION - LAW Original Defendant and :CUSTODY current Petitioner ; PETITION OF SHERRY M. POTTINGER FOR MODIFICATION OF NOVEMBER 30, 2005 CUSTODY ORDER 1. The Petitioner is Sherry M. Pottinger, Mother, who is currently residing at 408 Glenmore, Corpus Christi, Texas 78412. 2. The Respondent is Jeffrey R. Pottinger, Father, who is currently residing at 67 Regency South, Carlisle, Pennsylvania 17013. 3. The minor child is Alexis Diane Pottinger who was born on December 8, 2001. 4. On November 30, 2005 an Order of Court setting forth Custody rights of the parties to Alexis was entered by the Court. A true and correct copy of that Order is attached as Exhibit "A". 5. Mother lives in Texas. 6. Father lives in Pennsylvania. 7. Later this year, in or around late August 2007, Alexis will be starting Kindergarten. 8. The current Order provides that Alexis is to split evenly her time between Pennsylvania and Texas. 9. The current arrangement for physical custody will not be in Alexis' best interest once she starts Kindergarten. 10. It is in the best interests of Alexis that Mother be granted primary physical custody of Alexis beginning when Alexis starts Kindergarten, which is anticipated to be late August 2007. WHEREFORE, Sherry M. Pottinger respectfully requests the Court grant her primary physical custody of Alexis at a time to coincide with the beginning of Kindergarten. YOFFE & YOFFE, P.C. B /? y, JEFFREY N. YOFFE, ESQUIRE Attorney for Sherry M. Pottinger 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 JEFFREY R. POTTINGER Original Plaintiff and current Respondent vs. SHERRY M. POTTINGER, Original Defendant and current Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL TERM : CIVIL ACTION - LAW :CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served the foregoing petition on the below individual. Service was accomplished by mailing the same as follows: James, Smith, Dietterick & Connelly, LLP Attn: Courtney L. Kishel, Esq. P.O. Box 650 Hershey, PA 17033-0650 YOFFE & YOFFE, P.C. Date: January 12, 2007 ? n Bye f..-? 1. effrey N. Yoffe, Esq. Attorney for Sherry M. Pottinger 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizoti.net JEFFREY R. POTTINGER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRY M. POTTINGER, DEFENDANT : 04-5393 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2005, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Jeffrey R. Pottinger and Sherry M. Pottinger shall have joint legal custody of Alexis Diane Pottinger, born December 8, 2001. (3) The mother and father shall have shared physical custody of Alexis on the following schedule: (a) The father shall have Alexis from now until the end of 2005. (b) Except as set forth in subparagraph (c), starting in January, 2006, until Alexis begins kindergarten in 2007, the mother and father shall share physical custody in alternate months, with exchanges on the first day of each month unless an exchange on another day is agreed to by both parents.' The mother shall have Alexis in January, 2006. (c) In December, 2006, when the father will have Alexis, the exchange back to the mother shall occur on December 21St, with the next exchange back to the father on February 1, 2007. ' In making any adjustments to the exchange dates, the parents shall consider each others work schedule and the costs of transportation. EXHIBIT "A" (3) The mother shall travel with Alexis from Texas and back for her periods of shared physical custody. She shall pay for all of her airfare and the father shall pay for all of the airfare of Alexis. The father or his designee shall meet and return Alexis to the airport. (4) When out of physical custody, a parent may call Alexis one ti Courtney L. Kishel, Esquire For Jeffrey R. Pottinger Jeffrey N. Yoffie, Esquire For Sherry M. Pottinger :sal hand UnTO SO -,,;i i; at C ./.s1SM, Pa. o ,t 4,,LC.X..:, v •::.:S?A.W !• f p honotaq By the - Court Edgar B. Bayley, J. 1 each day. EXHIBIT "A" JEFFREY R. POTTINGER Original Plaintiff and current Respondent vs. SHERRY M. POTTINGER, Original Defendant and current Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5393 CIVIL TERM : CIVIL ACTION - LAW :CUSTODY VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Petition are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: "-'-1%AJUVT I(L' AA Z 1%k SHERRY OTTINGER -ca. C? V-k Z 1G + y r a ? s JEFFREY R. POTTINGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5393 CIVIL ACTION LAW SHERRY M. POTTINGER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, January 18, 2007 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg PA 17055 on Wednesday, February 21, 2007 at 9:30 AM ..- --..----.......-11-- ..... . ..... . . 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals 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 ,?A v 4 40 Pj FEB $ 6 2007 JEFFREY R. POTTINGER Plaintiff VS. SHERRY M. POTTINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5393 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation R ort, it is or ere directed as follows: The parties shall submit themselves and their minor Child 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 a primary/partial custodial arrangement which will best meet the needs of the Child when the Child begins Kindergarten in the 2007-2008 school year in light of the distance between the parties' residences in Texas and Pennsylvania. All costs of the evaluation shall be shared equally. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to either the parties or the Child. 2. After completion of the custody evaluation and receipt of the evaluator's recommendations, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary, to address the custodial arrangements. 3. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated November 30, 2005, shall continue in effect. 4. 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. cc: /9urtney L. Kishel, Esquire - Counsel for Father, ?4effrey N. Yoffe, Esquire - Counsel for Mother ?. di Edgar B. Bayky J. 52 N t 4 A U isr _F f+. ? N ? JEFFREY R. POTTINGER Plaintiff VS. SHERRY M. POTTINGER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5393 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 CUSTODY OF Alexis Diane Pottinger December 8, 2001 Mother/Father 2. A custody conciliation conference was held on February 21, 2007 with the following individuals in attendance: the Father, Jeffrey R. Pottinger, with his counsel, Courtney L. Kishel, Esquire and the Mother, Sherry M. Pottinger, with her counsel, Jeffrey N. Yoffe, Esquire. 3. The parties agreed to entry of an Order in the form as attached. - ?'6 rud* c?/ o10c) 7 Date Dawn S. Sunday, Esquire Custody Conciliator JEFFREY R. POTTINGER Plaintiff VS. SHERRY M. POTTINGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5393 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this l S day of (OG?? , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated November 30, 2005 and February 27, 2007, are vacated and replaced with this Order. 2. The Father, Jeffrey R. Pottinger, and the Mother, Sherry M. Pottinger, shall have shared legal custody of Alexis Diane Pottinger, born December 8, 2001. 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. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have shared physical custody of the Child in accordance with the following schedule: A. School Year: The school year custody arrangements are based upon the Child attending school in the Cumberland Valley School District and the Mother maintaining a residence in the Central Pennsylvania area for her school year periods of custody in addition to her residence in Texas. During the school year, the parties shall share having custody of the Child on an alternating 14 day rotation with the exchange of custody to take place on alternating Fridays at 7:00 p.m. During the Mother's two week periods of custody under this provision, the Father shall have custody of the Child every Tuesday from after school until 7:00 p.m., for which the Mother shall be compensated with additional custodial time during the summer as provided in this Order. The school year schedule shall begin each year on the Friday before the beginning of the school year with the parent who did not have custody during Segment B of the summer schedule. B. Summer School Break: The summer school break shall run from the Friday on which the two week school year period of custody ends for the parent who has custody on the last day of school until the last Friday before the beginning of the next school year. Using those beginning and end dates, the parties shall calculate the number of days/weeks of the entire summer break and determine the mid-point. The summer school break shall be divided into Segment A, which shall run from the beginning of the school break through the mid-point date, and Segment B which shall run from the mid-point date through the Friday before school begins. The parent who has custody for the final two week period under the school year schedule shall have custody of the Child during Segment B and the other parent shall have custody during Segment A. In order to compensate the Mother for the Father's Tuesday evening periods of custody during the school year, two days shall be added to the end of the Mother's period of summer custody when she has Segment A and to the beginning of the Mother's summer period of custody when she has Segment B. The parent who has custody of the Child during Segment A of the summer school break shall have custody of the Child for the first 14 day period of the school year schedule for the upcoming school year. The non-custodial parent shall be entitled to have a period of custody with the Child in the custodial parent's state of residence for a period of four (4) days and three (3) overnights upon providing at least 45 days advance notice to the other parent. 4. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from the last day of school before the holiday break through December 27 at 7:00 p.m. and Segment B, which shall run from December 27 at 7:00 p.m. through the day before school resumes at 7:00 p.m. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. The parties shall cooperate with each other in making any necessary adjustments to the Christmas holiday schedule to effectuate an equal sharing of custody. B. Thanksgiving: The Thanksgiving holiday shall run from the beginning of the Thanksgiving school break through 7:00 p.m. on the day before school resumes. The Mother shall have custody of the Child for Thanksgiving in odd numbered years and the Father shall have custody in even numbered years. C. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. The Mother shall purchase and pay for all airline tickets and other transportation expenses when traveling with the Child to Texas and returning to Pennsylvania, except that the cost of the round trip airline ticket to transport the Child to Texas and back to Pennsylvania for each year's summer school break shall be shared equally by the parties. The Mother shall travel with the Child between Texas and Pennsylvania for exchanges of custody and shall be responsible for her own airfare costs. Either party may file a Petition to Modify the accompaniment requirement in the event that either party believes accompaniment is no longer necessary due to the Child's increased age. 6. The non-custodial parent shall be entitled to have liberal, reasonable telephone contact with the Child. 7. 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. 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 Edgar B. Bayley I J. cc: /ourtney Kishel Powell, Esquire - Counsel for Father Arey N. Yoffe. Esqukre - Counsel for Mother v D 1? f N^{ 4 i L tt T CD L C ? C? SEP 27 2001.0 JEFFREY R. POTTINGER Plaintiff Vs. SHERRY M. POTTINGER Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-5393 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 CUSTODY OF Alexis Diane Pottinger December 8, 2001 Mother/Father 2. A custody conciliation conference was held on September 13, 2007 with the following individuals in attendance: the Father, Jeffrey R. Pottinger, with his counsel, Courtney Kishel Powell, Esquire, and the Mother, Sherry M. Pottinger, with her counsel, Jeffrey N. Yoffe, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ?1 e-?wr Lei ??7 Date Dawn S. Sunday, Esquire Custody Conciliator 6