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Home My WebLink About04-5493 OLf-'5l(1'j ML-tJ Application No. THISAGREEMENTMadeandconcludedthis 28th dayof October A.D.., 2004 betw~n _ Joseph A. Saffron and Lisa R. Sa~fron o("~ of AND party of the second part (hereinafter called Contractor). Carlson Construction, Inc. ,Party of the first part (hereinafter~ca1ledOwner). WHEREAS, the said parties have bya duly executed Agreement under seal, bearing even- date~herewith, entered into a written contract for the erection and completion of a sin\!le famil y ch.Jp111ne hcm!':p to be erected on Lot #61, 1209 Summit .Way Plan Boox 87, Page 79 Hampden Township, Cumberland County in which Agreement the Contractor convenanted,promisedi.and ~thatno mecm.aniC8'c1aims.or'liens~8hould be entered and filed against.the said building,orbuildings,or_anypart:t6:Eireof,iorthe ~ageor -CUltllagesiippurtenant thereto, NOW THIS AGREEMENT WITNESSETH:.That~Contract()r for and in consida-ation,ofthe.awardmgto:him by Owner of said contract a8aforesaid,aswenastheturlher~~consideration ofOne($1.00)'Dolla1'~tohim1Paidia~orbefore:the ensealing and delivery of these presents"the receiptwhereofJis.hereby aclmowledged,.doe8ihereby,ioovenant,promi8e and agree that no mechanics' lien orclaiJii or otber,lieniorclaim of any kind whatsoever shaUbe.:51ed;~gainst,thesaid building or buildings or the curi;ilage'~J,"~curtilageg!appur:tEl~ant"thereto,by Contractor.~,ol"by:iiuiy;!s1i~ntractor, materialmen or laborers. for work .don~~ormatE'.ria:1s;;fUriii8hed:mider said contractIor ;andabolits8id~b1iilding'or buildings or any part thereof, or on credit;thereof,~imd:,that:an;sulr.cOntractors, materialmeri;~and:li1:ij)ienlton'.saidlWork shall look to and hold Contractor personanyJiablefor,jllbub-contracts,_materials furnished. and:-work~a~lib()I\:done, 80 that there shall not be any legal orlaWfulclSimof,an,yikindcwhatever'against OWner:forany'wo~k:done,oda:bor or materials furnished under said contract fcir and.iaboutithe,8rection, coQstr:uction:and^completion.of.B8id'buildfugs'a8 aforegaid, or under any contracts for extrawork,'odor"work;supplemental thereto, or otherwise . AND, in order to give the Ownerftillpowerandauthc:irity,topro~cthimself' and the lot orlots of'ground,againstany and all claims filed by the Contractor or anyone act;ing,under,odbroughhim oritin violation ofctheforegoing,.covenant, the said Contractor for .himself,themselves,iitself'"berebyirievocablyauthol'izes'andempowersany,iAttOmeyiof'any Court ofCommonPleasof,tbe CommonweaJ.th,6fiR_il~ania:fto:a:ppearfor~him;themiit,'or:anYiOf;tbeDl~iDtany;0tthe. said Courts of Common Pleas asAttorney.for'him,',themiorltandililiiS"tbeir, its, name,marksaiimed;ofrecOrd'atithe cost and ~xpense of theContractororof/anYSub.;(Jon:~aCtor:or,Materia1man,.or.Materialmen;.;any1an:d,aJlclaimsor claim, lien or liens,~filedby or for tlie Contractorl~or'~Y:iSub;.ContiaCtorol',Materialman,orinhis,odh_eir:n~e~against said building orbuildin:gs,lot or lots _ofground,or,any:par;tthereofand for. such act or acts ithis 'shalEbe ,good' ,and suf:ficient'warrantandauthority;and,aref81'ellce~,tbe[Court,Termand'NUmberin which.and where:thia,Agreement sball bavebeen filed 'shall be a sUfficieD.t.eXhibit"cif;th:e~authorlty:herein contained ',towarrant,suCb:iaCtion,rand:the Contractor for himself, themselves,itself"ido.hereby~reD:Usej:release.andquit-cJ.aim allrlghts'and,alliinanner;obrrors, defects and imperfections whataoev:erin:ent.eri:D,g~such:8ati8factionor:inanywise touchingor,eoncerriingr,thuame. .. .bo~ =SS WHEREOF tho ,aid partiea ha.. h::: "'M~:~-:-;:; it}'" daa and =fim WITNESS PRESENT: /t{;fJjl- /Jjjr ~/; . ~- (/~-1Y"'- -- A. Saf 0 d-L 'dc-4.<L '-';L}~ II~ I Cl ...;j ~ I ~ .~. ~. .~. J ..ct':R .. . 0;.' " . ':;JEr.. ...../~;;~ o,,:;}~,. o Z .&:. . .:t!l.. ..>]~ .1:2., ..:'.Qj < z o ~ ~ ~..J et ~ .r1}.. ~. ~.., . :;j. - .!!. ... III i o ,. , ':\':'" .. s u f!! ... r:: 8 "CII;... q,):" , .g:' .~i: ~~. ., " ..,,'.. .. '. .','. . ."1 . .. .. .. r -- to..;, .~ (-V (') riS ~ >\-~ ~- ' ~ ':t1ti; ~ ~ i! ~ 01,,-, .. ......... ::z: :r' -.:: rTli!! ~ <'c' CI:i"".:, , :Bg ~ ~..,:. - b .....(') s:: c.~ ~jj c.(\ 0 ""- )S'o J::Ia z: :J: --.j \..}J ~ pO ~fJ ~ ~ ':? ';:-/ I\.) $ c.u ~< Cowtney L Kishel, Esquire Attorney for Plaintiff, Jeffrey R Pottiuger James, Smith, Dietterick & Connelly, LLP Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA J.D. #81509 JEFFREY R. POTTINGER, Plaintiffi'Petitioner : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY,PENNSYL VANIA v. : NO. 04-5393 SHERR Y M. POTTINGER, DefendantlRespondent : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR RECONSIDERATION AND NOW, this 7th day of December, 2005, comes the above-named Petitioner, Jeffrey R. Pottinger, by and through his counsel, Courtney L. Kishel, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and respectfully requests this Honorable Court to reconsider the Custody Order dated November 30, 2005, and in support thereof avers the following: I. Petitioner is Jeffrey R. Pottinger, who currently resides at 67 Regency South, Carlisle, Pennsylvania, 17013. 2. Respondent is Sherry M. Pottinger, who currently resides at 408 Glenmore, Corpus Christi, Texas. 3. On or about June 23,2005, Respondent, Sherry M. Pottinger, petitioned the Court to modity the Custody Order dated January 3, 2005, pertaining to the parties' daughter, Alexis Diane Pottinger, born December 8, 2001. 4. On or about November 28, 2005, the parties were present before Your Honor for a hearing to determine what custodial arrangements would be in the best interest of the child. 5. Following the hearing, Your Honor entered an Order dated November 30, 2005 awarding the parties shared legal and physical custody of the minor child. The Order is attached herein as Exhibit "A". 6. Under the Order, the parties alternate physical custody with their daughter each month, beginning in January, 2006, when Mother has Alexis. Because Father has the minor child this year for Christmas, Mother is to have Christmas in 2006, with transportation occurring on or about December 21, 2006. 7. It is believed, and therefore averred that the intention of this Court was to allow the parties equal custody with the minor child, prior to the child entering kindergarten in 2007. However, as it is written, Mother has custody ofthe minor child every holiday, with the exception of Easter. The current arrangement is as follows: Father Mother February January (New Year's Day) April (Easter) March June August October December through the 21 st May (Memorial Day) July (Fourth of July) September (Labor Day) November (Thanksgiving) December 21st - 31st (Christmas, New Year's Eve) 8. If the parties continue to alternate the holidays as originally agreed by them in December, 2004, Father should see the minor child for the Fourth of July, and Thanksgiving in 2006. This would allow Father to have custody of Alexis for Thanksgiving, 2006, since he did not have her for Thanksgiving this year. 9. To resolve this problem and maintain the shared arrangement, Petitioner respectfully requests this Honorable Court to amend the Custody Order of November 30, 2005 in two ways: A Allow Father to extend his visitation in June through the Fourth of July holiday, with transportation to occur on or after July 5, 2006; and B. Switch the months of November and December so that Father has the minor child for November 2006, and the Thanksgiving holiday. This will enable Mother to have Alexis in December 2006 for the Christmas holiday and the child's birthday. 10. Under the proposed arrangement, Petitioner acknowledges that he will receive Alexis for two consecutive months during October and November of2006. However, the proposed arrangement also allows Mother to have two consecutive months from December 2006 through January 2007. Accordingly, the spirit of equal custody is still maintained with the minor child. 11. Moreover, under the proposed arrangement, the parties will alleviate the expense of having to pay for airline tickets for November and January, since the minor child will only be flying in December. 12. Amending the current Custody Order as recommended above allows the parties to have equal time with the minor child, equally share the holidays, as they have been doing since December of2004, and allow Petition to have the minor child for Thanksgiving, . 2006, since he did not have the child this year for Thanksgiving. WHEREFORE, Petitioner respectfully requests this Honorable Court to amend the Custody Order of November 30,2005 to allow for the parties to equally share the holidays with Alexis. Respectfully Submitted, JAMES. SMITII, DIEITERICK & CONNELLY, LLP \' 'I eM Date: ,,t. . Q ,(j Courtney L. Kishel Esquire Attorney for Petitioner Post Office Box 650 Hershey, P A 17033 (7] 7) 533-3280 PA J.D. No. 81509 - - JEFFREY R. POTTINGER, PlaintiillPetitioner : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY,PENNSYL VANIA v. : NO. 04-5393 SHERRY M. POTTINGER, : CIVIL ACTION - LAW DefendantlRespondent: IN CUSTODY CERTIFICATE OF SERVICE I, Courtney L. Kishel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Jeffrey R. Pottinger, hereby certifY that I have served a copy of the foregoing Petition for Reconsideration on the following on the date and in the manner indicated below: FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Jeffrey N. Yoffe, Esquire Yoffe & Yoffe, P.C. 214 Senate Avenue, Suite 203 Camp HilI, PA 17011 Dated: ! I~ .11l/5 (\ . ) , c..,.. ourtney James, Smith, P.O. Box 650 Hershey, PA 17033 Counsel for Petitioner (717) 533-3280 PA I.D. #81509 . EXHIBIT A . 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 ~O-\t.---. 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.1 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. --- - . (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 e each day. /- By the Court, /' Edgar B. Bayley, J. ( Courtney L. Kishel, Esquire For Jeffrey R Pottinger <...' Jeffrey N. Yaffe, Esquire For Sherry M. Pottinger :sal ----