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HomeMy WebLinkAbout02-1269NM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW REBECCA A. ROSS, ) [= Plaintiff ) - r �; --. a� ti r v. ) No. 02-1269 d . { JULIAN J. DARVISHI, ) Defendant ) c: N) r.) Petition for Contempt 1. Petitioner is Plaintiff, REBECCA A. ROSS,who currently resides at 4800 Charles Road Unit K, Mechanicsburg, Cumberland County, PA 17050. 2. Respondent is Defendant, JULIAN J. DARVISHI, who currently resides at 121 Melbourne Lane, Mechanicsburg, Cumberland County, PA 17055. 3. Petitioner and Respondent are the natural parents of the following child: Name Age NOAH A. DARVISHI 14 years 4. A custody order was entered on 30 December 2004, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. Due to the level of conflict between parties and their inability to cooperate with one another regarding major decisions of education, extracurricular activities,psychotherapy, or like treatment, Petitioner, via certified letter dated February 5, 2014, supplied Respondent with copy of order, and a letter detailing major areas of conflict as well as the need to return to specificity of the order on February 8, 2014. 5. Respondent has willfully violated the custody order, as follows: Refusal to respect the authority of the court order by accepting Petitioner's decisions regarding major areas of legal custody issues. Constant berating,negating, and outright reversal of Petitioner's decisions. Therefore causing undue division between Petitioner and son, and lack of a consistent parental authority resulting in ineffective parenting or stability. All of e.3. 0oPd ,// ee9s‘ 2/ 36'3,?4 which is evidenced in son's academic and social behavior,maturity and judgment. Undated examples include,but are not limited to; permission and encouragement of limitless non-censored music on IPod: limitless all access video watching of Netflix via son's IPhone(with refusal to close account): staunch ridicule of Petitioners attempts at loading parental ware on son's laptop, IPhone or IPod: creating an Apple-ID for son's use on all Apple devices without Petitioner consent or parameters on downloadable material (with refusal to close account or share ID with Petitioner in order for parental tracking): allowing son to set-up Facebook account with no parental guidelines or viewing capabilities (even after explicit photo via Facebook and bullying occurred via Facebook). Dated Description of 2014 violations-- *02/21/14 Picked son up from school without agreement or communication to Petitioner, during time other than his partial physical custody. *2/25/14 &3/18/14, 3/1/2014 3/7/14, 3/18/14, 3/19/14 Interference with major decisions of Petitioner regarding son. Specifically, *2/25/14 & 3/18/14 Canceling LSW appointments with LSW of New Passages, Harrisburg without rescheduling either or informing Petitioner. *3/1/14 loosing health coverage for son due to job loss - communicating job loss to Petitioner 3/6/14,but stating at that time son would be covered until 3/30/14. Only via phone conversation 3/13/14 with insurance company was Petitioner informed actual coverage termination date for son was 3/1/14. *3/7/2014 Interference with school discipline. Respondent retrieved son's IPhone from high school principle's possession(as it was son's 3rd violation- school policy is phone should have been kept at least a week). Respondent 100%aware, from previous school violations, IPhone is major deterrent to son's attention during school and 100% aware of Petitioner's decision to adhere with school disciplines regarding IPhone. *3/19/14 Though aware and stated agreement evening of 3/18, failed to get son to school by 7:30AM on 3/19/14 for guidance counselor,parent/student meeting regarding grades,possible need for summer school and 10th grade course limitations. WHEREFORE,Petitioner respectfully requests that this Court find Respondent in contempt of Court. Date: 3/c2Q 7c2o7 REBE CAA. ROSS, Plaintiff Verification I, REBECCA A. ROSS, Plaintiff,verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date: /Lc)/,Z0/'{ REBECCA A. ROSS, Plaintiff FTC REBECCA A. ROSS-DARVISHI, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-1269 CIVIL TERM v. • CIVIL ACTION-LAW JULIO JAY DARVISHI, • • IN CUSTODY Defendant • BAYLEY, J. --- ORDER OF COURT AND NOW, this ?j() day of OC-CciA13-ef , 20 , upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. This Court's Order of June 3, 2002 is VACATED and replaced with the following. 2. Legal Custody. The parties, Rebecca A. Ross-Darvishi and Julio Jay Darvishi, shall have shared legal custody of the minor child, Noah Arlen Abdi Darvishi, born July 28, 1999. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. (All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. However, in the event that there is a legal custody issue about which the parties have reached an impasse, Mother shall be permitted to make the final decision on the issue which decision shall be guided by the best interest of the child. However, her decision may be subject to later court review upon proper petition by Father. NO. 02-1269 CIVIL TERM 3. Physical Custody. Mother shall have primary physical custody of the minor child subject to Father's rights of partial custody which shall be arranged as follows: A. On alternating weekends from Saturday at Noon until Sunday at 2:00 p.m., effective December 18, 2004. B. At such other times as the parties agree. 4. Transportation. The parent receiving custody shall be responsible for providing transportation incident to the custodial exchange. in the event that either parent would be more than fifteen (15) minutes late for a custodial exchange, the parent receiving custody will promptly notify the other parent by cell phone. It is expected that this will occur rarely, such as in the event of poor road conditions or travel delays caused by traffic jams. In the absence of notice of the delay from the parent to receive custody and if the receiving parent does not arrive for the transfer of custody within twenty (20) minutes of the agreed upon time, the parent in custody shall have the right to make other plans and to assume that the receiving parent is not going to effect the period of custody provided by the Order. 5. Holidays. The parties have agreed to share custody for the following holidays: A. Father's Day / Mother's Day. Father shall have custody for Father's Day. Mother shall have custody for Mother's Day. The parties will workout the specific details regarding the periods of custody for these holidays. B. Christmas. Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 12:00 p.m. until December 25th at 12:00 p.m. Segment B shall be from December 25th at 12:00 p.m. until December 26th at 12:00 p.m. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. C. New Year's Eve / New Year's Day. New Year's shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 31st at Noon until January 1st at Noon. Segment B shall be from January 1st at Noon until January 2"d at Noon. In even-numbered years, Mother shall have Segment A and Father shall have Segment B. In odd- numbered years, Father shall have Segment A and Mother shall have Segment B. NO. 02-1269 CIVIL TERM D. Birthdays. The parties will cooperate with each other to arrange for the child to spend time with Father on Father's birthday and on the child's birthday. 6. Each parent shall be entitled to two (2) non-consecutive weeks of vacation each year to include the vacationing parent's custodial weekend. The parties shall provide each other with at least a thirty (30) day notice of their planned vacation time. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. 7. Neither party shall remove the child from Pennsylvania overnight without the express written agreement of the other parent at least thirty (30) days prior to the planned trip. 8. Relocation. In the event that either parent intends to relocate at a distance greater than the distance that they presently reside from each other, the relocating parent will provide thirty (30) days notice of their intent to relocate along with a proposal of a modified custodial schedule, should one be necessary. In the absence of objection from the non-relocating parent within thirty (30) days of the mailing of the proposal and notice of relocation, the proposal shall be deemed acceptable to the non-relocating parent. BY THE COURT: Edgar B Bayley, J. Dist: Jordan D. Cunningham,Esquire, PO Box 60457,Harrisburg,PA 17106-0457 Harold Irwin, III,Esquire,64 S.Pitt Street,Carlisle,PA 17013 � ' r CORD ;�'Y5 her..,� In P I re Ilrrto strt my and .14i..--;, seal t °rJ at Carlisle pa olf " _ - .aci_...6.:2, J 1 A • : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA Vs : No. 0 Z' I 2(09 evil_ gRM • J�—o a tNj `O tSl�i • CIVIL ACTION - LAW `'' Defendant IN CUSTODY r— r• ': r. CRIMINAL RECORD/ABUSE HISTORY VERIFICATION rso I, C--s-6*-c--/ A 4. s-s , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn 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: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 177 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault' 18 Pa.C.S. §2706 r r (relating to terroristic threats) 18 Pa.C.S. §2709.1 177 IT (relating to stalking) r 18 Pa.C.S. §2901 r! (relating to kidnapping) 18 Pa.C.S. §2902 IT IT (relating to unlawful restraint) 18 Pa.C.S. §2903 IT IT (relating to false imprisonment) 18 Pa.C.S. §2910 r I (relating to luring a child into a motor vehicle or structure) C 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 IT I relating to statutory sexual assault) 18 Pa.C.S. §3123 IT IT (relating to involuntary deviate sexual intercourse). 18 Pa.C.S. §3124.1 IT IT (relating to sexual assault) 18 Pa.C.S. §3125 IT IT (relating to aggravated indecent assault) 18 Pa.C.S. §3126 IT r (relating to indecent assault) 18 Pa.C.S. §3127 IT I (relating to indecent exposure) r 18 Pa.C.S. §3129 IT (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) r- 18 Pa.C.S. §3301 IT (relating to arson and related offenses) C 18 Pa.C.S. §4302 FE (relating to incest) r 18 Pa.C.S. §4303 17 (relating to concealing death of child) 17 18 Pa.C.S. §4304 17 IT (relating to endangering welfare of children) 18 Pa.C.S. §4305 IT r (relating to dealing in infant children) 18 Pa.C.S. §5902(b) IT (relating to prostitution and related offenses) r 18 Pa.C.S. §5903 IT rr (c) or(d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 IT IT (relating to corruption of minors) l..-...✓..: 18 Pa.C.S. §6312 1-..- (relating to sexual abuse of children) 18 Pa.C.S. §6318 CT FT (relating to unlawful contact with minor) 18 Pa.C.S. §6320 �- (relating to sexual exploitation of children) 23 Pa.C.S. §6114 F' (relating to contempt for violation of Protection order or agreement) Driving under the CT IT influence of drugs or alcohol C 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: Check Self Other Date all that household apply member C} A finding of abuse by a Children &Youth IT Agency or similar agency in Pennsylvania or similar statute in another jurisdiction IT Abusive conduct as defined under the FT I Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: IT FT 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 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 unsworn falsification to authorities. Signature r-P-E-is,..A . Printed Name REBECCA A. ROSS : IN THE COURT OF COMMON PLEAS OF PLAINTIFF v. JULIAN J. DARVISHI DEFENDANT : CUMBERLAND COUNTY, PENNSYLVANIA 2002-1269 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2014 ` upon consideration nfdmuttuc ed Complaint, it is Iiereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 29, 2014 1:30 PM for a Pre-Hearing CListody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he accornplished, to deflne and narrow the issues to be heard by the court, and to enter into a ternporary order. Failure to appear at the thecoiiference may provide grounds for entry ofa temporary or permanent order. The court hereby directs the parties to furnisti any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hemrimg. 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 Iartv rnay make a change in the residence ofany child which significantly imm irs 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: 6s/ Dawn S. Sunday, Esq. Custody Conciliator The Court ofCoiiiiiion Plcas ofCtimberland County is required by Iaw to comply with the Aniericaris 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 husiness 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 SE1[ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 I 66 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION REBECCA A. ROSS, Plaintiff Certificate Of Service I, REBECCA A. ROSS, Plaintiff in the above matter, hereby certify that on /&-1 , • I mailed a true and correct copy of the Petition for Contempt, by certified mail, return receipt requested, restricted delivery, and another copy of the same document by first class mail, postage prepaid, to: JULIAN J. DARVISHI 121 Melbourne Lane Mechanicsburg, PA 17055 I certify that (check ALL of the following which are true): Certified mail: [X] The green and white sender's receipt is attached. (ATTACH receipt.) The green recipient's receipt is attached; JULIAN J. DARVISHI signed the certified mail receipt on (ATTACH receipt.) The certified mail was returned to me unsigned, with the notation that the certified mail was: [ ] refused [ ] unclaimed [ ] other notation: the certified mail envelope nor the certified mail receipt was returned to me. ail: egular mail has not been returned to me. The regular mail was returned to me, with the notation: I verify that the information in the Certificate of Service is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: (Signature) REBECCA A. ROSS STAPLE OR TAPE THE CERTIFIED MAIL RECEIPTS BELOW: 7013 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our webslte at ivww.usps.come ET1,411: Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $0.70 $3.30 055_ Not U RG Postmark $2.70 •-•,4 Here APR 1 5 2014 $5.05 $11.75 GREET SEND] lbacCQ; Street, Apt. No.; or PO Box No. \2\ Orvek V3 0 Lyc 5/2014 U5135 PS Form 3800, August 2006 See Reverse for Instructions U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE—POSTMASTER Received From: f24-11-x.ez-es".. R...aps. c100 c-r.et ex,r- 1‹. Yhl;c)r9 X (77,0 co One piece of ordinary mail addressed to: —Sot io-r) T. axcvish,f' (2-1 t'll-Qt boor r`e reD 1-1 OS'S- PS Form 3817, Mar. 1989 5 s. rn c SEA -o 7,C • 3D V) z • UM CO CD --I •U7C0 iic=3 C1 :0 English Customer Service 3USPS.COM' Quick Tools Track Enter up to 10 Tracking #' Find Find LISPS Locations Buy Stamps Schedule a Pickup Lo 0S Tracking TM Change of Address USPS Mobile Ship a Package Tracking Number: 70132630000018702547 Expected Delivery Day: Wednesday, April 16, 2014 Product & Tracking Information Postal Product: First -Class Mail® DATE & TIME April 16, 2014 , 4:21 pm April 16, 2014 , 11:58 am April 16, 2014 , 11 :48 am April 16, 2014 , 6:05 am April 16, 2014 , 2:37 am April 16, 2014 April 15, 2014 , 7:58 pm April 15, 2014 , 7:13 pm April 15, 2014 , 9:42 am Features: Certified Mail"" Return Receipt STATUS OF ITEM Notice Left (No Authorized Recipient Available) Out for Delivery Sorting Complete Arrival at Unit Processed at USPS Origin Sort Facility Depart USPS Sort Facility Processed at USPS Origin Sort Facility Dispatched to Sort Facility Acceptance Track Another Package What's your tracking (or receipt) number? Send Mall Manage Your Mall Restricted Delivery LOCATION MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 HARRISBURG, PA 17107 HARRISBURG, PA 17107 HARRISBURG, PA 17107 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 Track It Register I Sign In Search USPS.com or Track Packages Shop Business Solutions Customer Service • Have questions? We're here to help. Mecha icsburg Main Post Office MEC 4NICSBURG, Pennsylvania 170559998 4134870055 -0098 04/15/2014 (717)697 -4641 09:46 :18 AM Sales Receipt Product Sale Unit Final Description Qty Price Price MECHANICSBURG PA 17055 Zone -0 First -Class Mail Letter 0.70 oz. Expected Delivery: Wed 04/16/14 $0.49 Issue PVI: $0.49 MECHANICSBURG PA 17055 Zone -0 First -Class Mail Letter 1.40 oz. 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CIVIL ACTION LAV rnm u,r cS >r CD xs. 0 ry , 2014, upon consideration and directed as follows: 1. The prior Order of this Court dated December 30, 2004 is vacated and replaced with this 2. The Mother, Rebecca A. Ross, and the Father, Julian J. Darvishi, shall have shared legal custody of Noah A. Darvishi, born in 1999. Major decisions concerning the Child including, but not necessarily limited to, his 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 each 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 Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child on alternating weekends from 5:00 p.m. until 9:00 p.m. on Sunday. The alternating weekend schedule shall begin on Sunday, May 11, 2014. The Mother shall also have custody of the Child at additional times arranged by agreement between the parties. It is the parties' intention to gradually increase the partial physical custody schedule with the Mother based upon the Child's readiness. After the Mother has had alternating weekend periods of custody with the Child for three months, the parties shall confer with the Child's counselor to obtain guidance as to whether the Child is emotionally adjusted and ready for an expanded schedule. The parties shall follow any guidance received from the Child's counselor as to expansion of the schedule. The Father shall promote and encourage the Child's relationship with the Mother. 5. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. The parties shall share having custody of the Child on holidays in accordance with the following schedule: A. Father's Day/Mother's Day: Father shall have custody for Father's Day. Mother shall have custody for Mother's Day. The parties will work out the specific details regarding the periods of custody for these holidays. B. Christmas: Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24 at 12:00 noon until December 25 at 12:00 noon. Segment B shall be from December 25 at 12:00 noon until December 26 at 12:00 noon. In even numbered years, Mother shall have custody of the Child for Segment A and Father shall have custody for Segment B. In odd numbered years, Father shall have custody of the Child for Segment A and Mother shall have custody for Segment B. C. New Year's Day: The New Year's holiday shall run from New Year's Eve at 12:00 noon through January 2 at 12:00 noon. In odd numbered years, the Mother shall have custody of the Child for the New Year's holiday and in even numbered years the Father shall have custody of the Child for the New Year's holiday. D. Birthdays: The parties will cooperate with each other to arrange for the Child to spend time with Mother on Mother's birthday and on the Child's birthday. 7. Each parent shall be entitled to have vacation custody with the Child for up to two nonconsecutive weeks each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. The vacationing parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 8. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that parent shall notify the other parent in advance, although consent is not required. 9. 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. 10. 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. 11. 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 writing. In the absence of mutual consent in writing, the terms of this Order shall control. cc: ecca A. Ross — Mother Julian J. Darvishi — Father iEStrail L e".572//y --7-7-n J. Thomas A. Placey Common Pleas Judge REBECCA A. ROSS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2002-1269 CIVIL ACTION LAW Defendant IN CUSTODY Prior Judge: Edgar B. Bayley JULIAN J. DARVISHI 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 Noah A. Darvishi 3 BIRTH YEAR CURRENTLY IN CUSTODY OF 1999 Father 2. A custody conciliation conference was held on April 29, 2014, with the following individuals in attendance: the Mother, Rebecca A. Ross, and the Father, Julian J. Darvishi. Neither party is represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached resolving the Mother's Petition for Contempt. a1-9 0 0 le( Date t Dawn S. Sunday, Esquire Custody Conciliator COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW REBECCA A. ROSS, Plaintiff ) ) ) v. ) No. 2002-1269 JULIAN J. DARVISHI, Defendant ) ) ) Petition for Modification Icy •117 to rn r_. . co i� 'cy dPcs s, Ci]. x: 7G; taT 1. Petitioner is Plaintiff, REBECCA A. ROSS, who currently resides at 4800 Charles Road Unit K, Mechanicsburg, Cumberland County, PA 17050. 2. Respondent is Defendant, JULIAN J. DARVISHI, who currently resides at 121 Melbourne Lane, Mechanicsburg, Cumberland County, PA 17055. 3. Petitioner and Respondent are the natural parents of the following child: Name Age NOAH A. DARVISHI 14 years 4. A custody order was entered on May 13, 2014, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 6. Petitioner seeks to modify the custody order because: (a) Current order was agreed upon by mother as only temporary and to avoid court (b) three month time frame as indicated in paragraph four of order expires August 11, 2014 (c) Child not present at first 2014 conciliation and is requested to be present at subsequent conciliation as permitted by conciliator for input and consideration (d) Child's counselor, Butch Romanoski of New Passages, Harrisburg PA, 717-238-3439, input requested for consideration by conciliator for physical custody arrangement to change from that which is in current order (e) Considering Petitioner and respondent live in different school districts, school district updating as well as Child's school ° c5& district preference requires clarification prior to the start of the 2015 school year. 7. Petitioner believes the custody order should be changed as follows: joint physical custody with specific schedule to be determined by conciliator after having heard input from child, child's counselor, respondent and petitioner. WHEREFORE, Petitioner respectfully requests that this Court modify the Order as requested. Date: c=itgt-09.....o... 74( -9<2.2-4-41— REBECCA A. ROSS, Plaintiff Verification I, REBECCA A. ROSS, Plaintiff, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: REBECCA A. ROSS, Plaintiff July 2014 M T W T F 1 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 29 August 2014 M T W T F 1 2 3 4 1 4 5 6 7 8 15 12 13 14 15 18 19 20 21 22 29 26 27 28 29 — September 2014 M T W T F 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 29 _ 30 31 October 2014 MT W T F 3 4 1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 =A 27 28 29 _ 30 31 November 2014 M T W T F 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 ;Wel 27 28 29 30 31 29 30 December 2014 M T W T F 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 iele 24 25 26 29 30 31 29 30 Last day Trimester .;Last day quarters SD CD 2014-15 DRAFT Calendar July August 11 First Day HS Fall Athletics 21-22 Teacher In -Service 25 First Student Day September 1 No school (Labor Day) October 13 No School (Columbus Day) 0 2 November 26 1/2 Day Students/PM Trade 5 5 27-28 No school (Thanksgiving break) 5 5 5 2 3 5 4 5 5 5 5 3 4 5 5 5 2 3 5 4 5 5 5 5 5 3. December 1 No school (Thanksgiving break) 23 Half Day Students/PM Trade Day 24-31 No school (Holiday break) January 1-2 No school (Winter break) 19 No school (Martin Luther King Day) February 16 No school (Presidents Day) March 27 30-31 30 31 April 1-6 1 2 13-30 1/2 Day Students / PM Trade No school (spring break) Snow Make -Up 1 Snow Make -Up 2 No school (spring break) Snow Make -Up 3 Snow Make -Up Day 4 3-8 PSSA's May 1 Act 80 Day - Leadership Day 1-8 PSSA's 13-29 Keystone Exams, Final Exams and Make -Up 25 No school (Memorial Day) January 2015 M T W T F 2 3 4 1 2 5 6 7 8 9 12 17 14 15 16 19 :� 20 21 22 23 26 27 28 29 30 February 2015 M T W T F 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 March 2015 MTW T F 2 3 4 5 6 9 10 11 12 13 16 17 18 ! 20 23 24 25 26 600 30. 28 29 30 June 5 Last Student Day - 1/2 Day Students PM Trade 4 4 6 Graduation (Giant Center, 10 a.m.) 5 5 8 Teacher Record Day/Room Closing 5 5 8 Snow Make -Up Days 5+ Start June 8 and 2 2 Extend Contract Days 0 0 15 Last Contract Day 82 84 April 2015 MTW T F 1 2 3 4 i3 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 May 2015 M T W T F 1E11© 6 1E11101 m® June 2015 MTW T F 1 2 3 4 i3 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 - SD CD 5 5 4 5 5 5 4 5 5 5 5 5 0 0 4 5 5 4 1 5 5 5 4 5 0 0 0 5 5 4 5 5 5 4 5 5 5 5 5 0 0 4 5 5 4 1 5 5 5 4 5 5 1 101 107 Total for Year 183 191 REBECCA A. ROSS vs. JULIAN J. DARVISHI Plaintiff Defendant I 2444 AND NOW, this LD day of VV C<i si di 1 i IN THE COURT OF COMMON PLEAS OF ,...„ CUMBERLAND COUNTY, PENNE'LV--ANiA. 2002-1269 CIVIL ACTION. L s. --C, r--. • C) -:- I-- • --1 .--- . > c) "T1 .7-.... C, > .4.-: , IN CUSTODY ORDEt QF COURT , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 30, 2004 is vacated and replaced with this Order. 2. The Mother, Rebecca A. Ross, and the Father, Julian J. Darvishi, shall have shared legal custody of Noah A. Darvishi, born in 1999. Major decisions concerning the Child including, but not necessarily limited to, his 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 each 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 Father shall have primary physical custody of the Child. 4. The Mother shall have partial physical custody of the Child on alternating weekends from 5:00 p.m. until 9:00 p.m. on Sunday. The alternating weekend schedule shall begin on Sunday, May 11, 2014. The Mother shall also have custody of the Child at additional times arranged by agreement between the parties. It is the parties' intention to gradually increase the partial physical custody schedule with the Mother based upon the Child's readiness. After the Mother has had alternating weekend periods of custody with the Child for three months, the parties shall confer with the Child's counselor to obtain guidance as to whether the Child is emotionally adjusted and ready for an expanded schedule. The parties shall follow any guidance received from the Child's counselor as to expansion of the schedule. The Father shall promote and encourage the Child's relationship with the Mother. 5. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. The parties shall share having custody of the Child on holidays in accordance with the following schedule: A. Father's Day/Mother's Day: Father shall have custody for Father's Day. Mother shall have custody for Mother's Day. The parties will work out the specific details regarding the periods of custody for these holidays. B. Christmas: Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24 at 12:00 noon until December 25 at 12:00 noon. Segment B shall be from December 25 at 12:00 noon until December 26 at 12:00 noon. In even numbered years, Mother shall have custody of the Child for Segment A and Father shall have custody for Segment B. In odd numbered years, Father shall have custody of the Child for Segment A and Mother shall have custody for Segment B. C. New Year's Day: The New Year's holiday shall run from New Year's Eve at 12:00 noon through January 2 at 12:00 noon. In odd numbered years, the Mother shall have custody of the Child for the New Year's holiday and in even numbered years the Father shall have custody of the Child for the New Year's holiday. D. Birthdays: The parties will cooperate with each other to arrange for the Child to spend time with Mother on Mother's birthday and on the Child's birthday. 7. Each parent shall be entitled to have vacation custody with the Child for up to two nonconsecutive weeks each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. The vacationing parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 8. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that parent shall notify the other parent in advance, although consent is not required. 9. 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. 10. 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. '42644-w— IN THE COURT OF COMMON cf4LER,SA Plaintiff CUMBERLAND COUNTY, csp Vs No. v20c),R '%o? e3'( CIV FERI rZ ria.ALj 4W ' • CIVIL ACTION - LAW y.0 Defendant IN CUSTODY zc) 5.Z. . CRIMINAL RECORD / ABUSE HISTORY VERIFICATION , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn 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: Check all that apply Crime Self Other Date of Sentence household conviction, member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 FI (relating to criminal homicide) 18 Pa.C.S. §2702 El (relating to aggravated assault) 18 Pa.C.S. §2706 f Fi (relating to terroristic threats) 18 Pa.C.S. §2709.1 F fl (relating to stalking) 18 Pa.C.S. §2901 El (relating to kidnapping) 18 Pa.C.S. §2902 r' (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 El (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) E Ff El 18 Pa.C.S. §3122.1 71 relating to statutory sexual assault) 18 Pa.C.S. §3123 F (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 El (relating to sexual assault) 18 Pa.C.S. §3125 FI El (relating to aggravated indecent assault) a.t;.5. (relating to indecent assault) 7 18 Pa.C.S. §3127 El (relating to indecent exposure) 18 Pa.C.S. §3129 FT FT (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 El FT (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 El FT (relating to arson and related offenses) 18 Pa.C.S. §4302 El El (relating to incest) 18 Pa.C.S. §4303 El F i (relating to concealing death of child) 18 Pa.C.S. §4304 1 FT (relating to endangering welfare of children) 18 Pa.C.S. §4305 El i (relating to dealing in infant children) 18 Pa.C.S. §5902(b) FT (relating to prostitution and related offenses) rf 18 Pa.C.S. §5903 FT F 1 (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) El 18 Pa.C.S. §6312 (relating to sexual abuse of children) El 18 Pa.C.S. §6318 7i El (relating to unlawful contact with minor) El 18 Pa.C.S. §6320 7i El (relating to sexual exploitation of children) 23 Pa.C.S. §6114 El (relating to contempt for violation of Protection order or agreement) El Driving under the influence of drugs or alcohol El Manufacture, sale, Eli El 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: Check all that aoolv Self Other household Date El A finding of abuse by a Children & Youth 7 El Agency or similar agency in Pennsylvania or similar statute in another jurisdiction El Abusive conduct as defined under the El Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: E E 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 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 unsworn falsification to authorities. Signature Printed Name REBECCA A. ROSS PLAINTIFF V. JULIAN J. DARVISHI DEFENDANT • IN THE COURT OF COMMON PLEAS pf r-2 .• CUMBERLAND COUNTY, PENNSYLII .t- mica aa 2002-1269 CIVIL ACTION LAW Nr , �y - _Q IN CUSTODY ' cam ur 6 2G i -P.= :tom ORDER OF COURT AND NOW, Thursday, July 24, 2014 , 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, August 27, 2014 10:00 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: /s/ Dawn S. Sunday, Esq. 1\ 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. Coefes ea, Z61 a NIT oT P Swio%%c/, �v/ 772- "AV 4_ Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7.17) 249-3166 REBECCA A. ROSS vs. JULIAN J. DARVISHI Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSy4_,VANIA 2002-1269 CIVIL ACTION LAr -n1 r •_ IN CUSTODY 0 $ . ' OF COURT AND NOW, this n day o — - , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated May 13, 2014 is vacated and replaced with this Order. 2. The Mother, Rebecca A. Ross, and the Father, Julian J. Darvishi, shall have shared legal custody of Noah A. Darvishi, born in 1999. Major decisions concerning the Child including, but not necessarily limited to, his 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 hatu►onious policy in each 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. Through the end of 2014, the Father shall continue to have primary physical custody of the Child and the Mother shall have partial physical custody on alternating Sundays from 5:00 p.m. until 9:00 p.m. 4. Beginning in January 2015, during the school year, the parties shall have shared physical custody of the Child in accordance with the following schedule: A. Week I: During Week I, the Mother shall have custody of the Child from Sunday at 12:00 noon through Thursday when the Child goes to school and the Father shall have custody from Thursday after school through Sunday at 12:00 noon. B. Week II: During Week II, the Mother shall have custody of the Child from Sunday at 12:00 noon through Wednesday when the Child goes to school and the Father shall have custody from Wednesday after school through Sunday at 12:00 noon. C. The weeks shall alternate between Weeks I and II on an ongoing basis with the parent who has custody of the Child on the immediately preceding overnight being deemed to be the custodial parent throughout the following school day in the event of an interruption in the school schedule such as a weather related closing or illness of the Child. 5. During the summer school break, the Child shall reside primarily with the Father with the Mother having custody of the Child on Sundays in accordance with the current schedule practiced by the parties at the time of this Order. 6. The parties shall share having custody of the Child on holidays in accordance with the following schedule: A. Father's Day/Mother's Day: Father shall have custody for Father's Day. Mother shall have custody for Mother's Day. The parties will work out the specific details regarding the periods of custody for these holidays. B. Christmas: Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24 at 12:00 noon until December 25 at 12:00 noon. Segment B shall be from December 25 at 12:00 noon until December 26 at 12:00 noon. In even numbered years, Mother shall have custody of the Child for Segment A and Father shall have custody for Segment B. In odd numbered years, Father shall have custody of the Child for Segment A and Mother shall have custody for Segment B. C. New Year's Day: The New Year's holiday shall nm from New Year's Eve at 12:00 noon through January 2 at 12:00 noon. In odd numbered years, the Mother shall have custody of the Child for the New Year's holiday and in even numbered years the Father shall have custody of the Child for the New Year's holiday. D. Birthdays: The parties will cooperate with each other to arrange for the Child to spend time with Mother on Mother's birthday and on the Child's birthday. 7. Each parent shall be entitled to have vacation custody with the Child for up to two nonconsecutive weeks each year upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. The vacationing parent shall provide advance written notice (which may be by email or text message) to the other parent of the address and telephone number where the Child can be contacted. 8. In the event either party intends to remove the Child from his or her residence for an overnight period or longer, that parent shall notify the other parent in advance, although consent is not required. 9. Unless otherwise agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody if the exchange is not taking place at school. 10. The parties shall communicate directly between themselves for the purpose of co -parenting and shall not use the Child as a messenger. 11. The parties agree that the Child shall continue in counseling with Butch Romanoski so long as the counselor believes that it is therapeutically recommended. Neither parent shall withdraw the Child from counseling without the written agreement of the other party unless the counseling has been terminated at the recommendation of the counselor. In the event the Child feels comfortable and the counselor recommends expanded counseling with either the parties or other family members, the parties shall participate in the recommended counseling. 12. Each parent shall limit the Child to electronic devices, games and other media which are age appropriate, in that parent's discretion and judgment. 13. Both parties shall ensure that the Child attends his regularly scheduled activities during that parent's periods of custody. 14. 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. 15. 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. 16. 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 writing. In the absence of mutual consent in writing, the terms of this Order shall control. Thomas . Placey cc:" I�rl'ary P. Vessel Esquire — Counsel for Mother Julian Darvishi — Father Cop ies fn.41,1-LEA_ e psp REBECCA L. FAIR IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. WILLIAM M. FAIR Defendant No prior Judge assigned. 2014-4137 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 Children who are the subject of this litigation is as follows: NAME Tyler Fair Jaxon Fair BIRTH YEAR CURRENTLY IN CUSTODY OF, 2009 2010 Mother Mother 2. A custody conciliation conference was held on September 11, 2014, with the following individuals in attendance: the Mother, Rebecca L. Fair, with her counsel, Barbara Sumple-Sullivan Esquire, and the Father, William M. Fair, with his counsel, John F. King Esquire. 3. It should be noted that the Mother filed her Complaint for custody on July 16, 2014 under Docket No. 2014-4137 and the Father filed his Complaint on July 28, 2014 under Docket No. 2014- 4265. It was agreed at the conference that this action would proceed under Docket No. 2014-4137 as the Complaint which was filed first. 4. The parties agreed to entry of an Order in the form as attached. ✓1���vi lay do f Date Dawn S. Sunday, Esquire Custody Conciliator