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HomeMy WebLinkAbout02-0971 JOSHUA C. PRYOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JENNIFER N. PRYOR, Defendant ; NO. OO-Cj7/ : IN CUSTODY CIVIL TERM CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between JOSHUA C. PRYOR, (hereinafter referred to as "Father") and JENNIFER N. PRYOR, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely NICHOLAS FRANKLIN CHARLES PRYOR, born May 11,2000, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. Each party has the right to be exercised jointly with the other to make all non-emergency decisions regarding the child, including, but not limited to, medical, education and religious decisions. 2. Mother shall have primary physical or residential custody of the child. 3. 4. 5. 6. 7. 8. 9. .' Father shall have periods of partial physical or residential custody of the child at the following times: a.) On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; and b.) At other times as the parties may agree. If the Monday following Father's weekend period of custody is a holiday, Father shall retain physical custody of the child until Monday at 6:00 p.m. Father shall have partial physical custody of the child on Christmas Day from 2:00 p.m. until.8:00 p.m. This provision shall supersede the regular weekend custody schedule. The child shall always be with the Mother on Mother's Day and with Father on Father's Day. In the event this requires an exchange of days, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day. Each party shall be entitled to exercise one (I) week of vacation time during the summer months, and agree to provide thirty (30) days advance notice to the other party of the requested time. The parties agree that custody exchanges shall take place at the Hampton Square. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 10. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party . 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for his entire life in Cumberland County, Pennsylvania. 13. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: )I!J~\LI..I<<I-'?_J YJn~:N1JQ:, hl:" ~ Date JE FERiN. PRYOR . COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this ~ 7-:y of bece..mber , 2001, before me, the undersigned officer, personally appeared JOSHUA C. PRYOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ ,rJ\~0 ~ ~Pub1cl~ Notarial Seal Dawn M. Baskette. No~ Public Hanover Boro, York COunty My Commission Expires Nov. 24', 2003 Member. Pennsylvania ASSOCiation ot Notaries COMMONWEALTH OF PENNSYL VANIA COUNTY OF On this day of , 200 I, before me, the undersigned officer, personally appeared JENNIFER N. PRYOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public . o ~~ ......... ~ ......... ~ ~ " - - -- ~ " -- 8 i --.::> ):t ~ D- Vi MAR 0 5 2002 v.-- JOSHUA C. PRYOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 0;;2- q-:,\ : IN CUSTODY JENNIFER N. PRYOR, Defendant QRDER OF COURT AND NOW this III- day of AI'I'/ , 2001, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, .11;1 cc: Marylou Matas, Esquire Attorney for Plaintiff Mark D. Schwartz, Esquire Attorney for Defendant - ~~ CIVIL TERM J. </.-.2.- o.l., 9-. , , .( \/it<V/\lAsr<f\13d I I \"n~'I', ,~" ";~'. "". 'I"'n,, IU,.J\'i ;\.1,; "'.': >=":I;':'i~, IV ~,. '1' (I'" 2J~. !;.it I "1'-1 .. claw c'L AlNJC,;. ". .:.l-:J Paul 1. Esposito, Esquire LD. #25454 GOLDBERG KATZMAN, P,C 320 Market Street P. 0, Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) Counsel for Plaintiff JOSHUA C. PRYOR, Plaintiff IN THE COURT OR COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02.&.cIVIL TERM v. JENNIFER N. PRYOR, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY ORDER OF COURT AND NOW, Plaintiff, Joshua C. Pryor, by and through his attorneys, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, files this Petition to Modify Order of Court, and in support thereof, avers the following: I. Plaintiff is Joshua C. Pryor, who currently resides at 663 Baer Avenue, Hanover, York County, Pennsylvania. 2. Defendant is Jennifer N. Pryor, who currently resides at 170 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 3. The parties hereto are the parents of the following minor child who currently resides with Defendant: Nicholas Franklin Charles Pryor, born May 11,2000. 4. On April I, 2001 [sic], the Honorable Kevin A. Hess entered an Order of Court, adopting the terms of the parties' Custody Stipulation and Agreement. Copies of said Order and Custody Stipulation and Agreement are attached hereto, made a part hereof and marked Exhibit "A," 5. The best interests and permanent welfare of Nicholas will be served by a modification of the Court's aforementioned Order whereby Plaintiff's rights of partial custody - would be expanded and clarified to include, but not be limited to, the equal sharing of physical custody during the summer on an alternating weekly basis, greater specificity regarding the major holidays and Mother's Day and Father's Day and a change of location for the exchange of physical custody. WHEREFORE, Plaintiff respectfully requests that this Honorable Court modify its Order of April I , 2002, as set forth in the within Petition. Respectfully submitted, GOL~ER~ TZMA~ P.C. ra:~(,~ L fJ1-L~ Paul J. 9Po . 0 Attorney 1. . #25454 320 Market Stree1 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: (),tU( ~. I j ,2005 Attorney for Plaintiff . ODMAIPCDOCSIDOCSI/22270\/ 3 ---- VERIFICATION I verify that the statements contained in the foregoing PETITION TO MODIFY ORDER OF COURT are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5-.;2y-or ac~ UA C. PRYOR JOSHUA C. PRYOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW ; NO. Od C; 70 : IN CUSTODY CIVIL TERc\.1 JENNIFER N. PRYOR, Defendant QRDJ:R OF COURT AND NOW this /-<) day of ~ pr II , 200 I, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, 1st ~~ a ()j-A4) J. cc: Marylou Matas, Esquire Attorney for Plaintiff Mark D. Schwartz, Esquire Attorney for Defendant "RUE COPY FROM RECORD In Testimony wl1sreoI, I here unto ~e1 my hand and the ~ of said Coo at Isle. HI (( {. G I JOSHUA C. PRYOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JENNIFER N. PRYOR, Defendant NO. IN CUSTODY CIVIL TERM () 0 0 C N <1 s:: '"""f1 :.:-1 CUSTODY STIPULATION & AGREEMENT ~~ ~ '_'~~ ~:;::. ::-::(~ ~Cj -0 :<;~{ THIS STIPULATION AND AGREEMENT entered into the day and year ~@nafi~I seM~ :.Pc 4. -=-i forth, by and between JOSHUA C. PRYOR, (hereinafter referred to as "Fier"~an~ JENNIFER N. PRYOR, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely NICHOLAS FRANKLIN CHARLES PRYOR, bom May I I, 2000, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. Each party has the right to be exercised jointly with the other to nfake all non-emergency decisions regarding the child, including, but not limited to, medical, education and religious decisions. 2. Mother shall have primary physical or residential custody of the child. 3. Father shall have periods of partial physical or residential custody of the child at the following times: a.) On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; and b.) At other times as the parties may agree. 4. If the Monday following Father's weekend period of custody is a holiday, Father shall retain physical custody of the child until Monday at 6:00 p.m. 5. Father shall have partial physical custody of the child on Christmas Day from 2:00 p.m. until 8:00 p.m. This provision shall supersede the regular weekend custody schedule. 6. The child shall always be with the Mother on Mother's Day and with Father on Father's Day. In the event this requires an exchange of days, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day. 7. Each party shall be entitled to exercise one (l) week of vacation time during the summer months, and agree to provide thirty (30) days advance notice to the other party of the requested time. 8. The parties agree that custody exchanges sball take place at the Hampton Square. 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. .. 10. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party,' or which may hamper the free and natural development of the child's love and affection for the other party. II. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for his entire life in Cumberland County, Pennsylvania. 13. The parties stipulate that in making this Agreement, there has been no fraud, copcealment,overreaching, coercion, or other unfair dealing on the part of the other party. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: L?'''{V....../oI}. ~7 -0 ( ~Lc. e (JfruA c. PR~R )l!J~~\A.-';;J_#-'-/ YJ/Y~:bJJ~i./~A1 -if) rr- Date JE E N. PRYOR 'JUl~t Date -. COMMONWEALTH OF PENNSYL V ANlA COUNTY OF On this ~ 7-+:ayof ])eCL.rrtber , 200 I, before me, the undersigned officer, personally appeared JOSHUA C. PRYOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WI1NESS WHEREOF, I hereunto set my hand and official seal. ~ ~ \ ... '- ,lit QpUb~ ---- -~-~ Notarial Seal Dawn M. Baskette, Notary PUblic Hanover Bora, York COunty My Commission Expires Nov. 24, 2003 Member, Pennsylvania Assoclstion ot Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF : On this .J't ~ay of ~ /;~ , 2001, before me, the undersigned officer, personaliy appeared JENNIFER N. PRYOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WI1NESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Martha I.. Noel, Notary Public Carlisle Bora. Cumberland Coun My Commission Expires Sept. 18, 2 Member, Pennsyivania Association ot Notaries CERTIFICATE OF SERVICE ! sf. (, On this -- dayof ~ ,2005, I certify that a copy of the - {/ foregoing was served upon the following party of record by delivering same in the manner indicated, addressed as follows: VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED Jennifer N. Pryor 170 Faith Circle Carlisle, Pennsylvania 17013 GOLDBERG KATZMAN, P.C. --; Jf // /diCi1 f ,'tit Y Paul J. osi Supreme Co ID #25454 Attorneys for Plaintiff \.:) ."~::. ...(, Paul J Esposito, Esquire J.D, #25454 GOLDBERG KATZMAN, P.C 320 Market Street P,O. Box 1268 Harrisburg,PA 17108-1268 (717)234-4161;(717)234-4161 (facsimile) Counsel (or Plaintlfl JOSHUA C. PRYOR, Plaintiff IN THE COURT OR COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02.&.cIVIL TERM v. JENNIFER N. PRYOR, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY ORDER OF COURT AND NOW, Plaintiff, Joshua C. Pryor, by and through his attorneys, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, files this Petition to ModifY Order of Court, and in support thereof, avers the following: 1. Plaintiff is Joshua C. Pryor, who currently resides at 663 Baer Avenue, Hanover, York County, Pennsylvania. 2. Defendant is Jennifer N. Pryor, who currently n~sides at 170 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 3. The parties hereto are the parents of the following minor child who currently resides with Defendant: Nicholas Franklin Charles Pryor, born May 11,2000. 4. On April I , 200 I [sic], the Honorable Kevin A. Hess entered an Order of Court, adopting the terms of the parties' Custody Stipulation and Agn:ement. Copies of said Order and Custody Stipulation and Agreement are attached hereto, made a part hereof and marked Exhibit "A," 5. The best interests and permanent welfare of Nicholas will be served by a modification of the Court's aforementioned Order whereby Plaintiffs rights of partial custody --- would be expanded and clarified to include, but not be limited to, the equal sharing of physical custody during the summer on an alternating weekly basis, gwater specificity regarding the major holidays and Mother's Day and Father's Day and a change oflocation for the exchange of physical custody. WHEREFORE, Plaintiff respectfully requests that this Honorable Court modify its Order of April I, 2002, as set forth in the within Petition. Respectfully submitted, GOLplilER? TZMAN'? P.C. / / IF (,.,d Iftltd;; L. tl-1.-LrfV Paul J. 7BPo . 0 Attorney I. .#25454 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Date: q,(~,( t' I // (J ,2005 Attorney for Plaintiff . ,ODMA IPCDOCSIDOCSII 22270\1 3 VERIFICATION I verify that the statements contained in the foregoing PETITION TO MODIFY ORDER OF COURT are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5-.)'f-oS- ell UA C. PRYOR JOSHUA C. PRYOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; NO. Od 970 : IN CUSTODY CIVIL TERM JENNIFER N. PRYOR, Defendant ORDER QF COURT ANDNOWthis /..,1 dayof ^pr,1 Stipulation and Agreement is hereby made an Order of Court. , 200 I, the attached Custody BY THE COURT, IsI ~J-W1 a %) 1. cc: Marylou Matas, Esquire Attorney for Plaintiff Mark D. Schwartz, Esquire Attorney for Defendant l'RUE COPY FROM RECORD in Testlmo~~ whereof. I here unto ~et my hand and the seal of said Coo at Isle. nl (/lJ, 0 I JOSHUA C. PRYOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JENNIFER N. PRYOR, Defendant NO. IN CUSTODY CIVIL TERM (") c:> 0 C r"0 tl :;: .-" --\ CDS L ON & AGO NT;:R~ g il~;:2 TODYSTIPU ATI 0 REEME ~e N -"'2 0:2: -.I :_<~ (~ ~o -0 ::~~.~ THIS STIPULATION AND AGREEMENT entered inl:o the day and year ~@ina~ se\;l~ "",'2" - u ~c:. .. -i forth, by and between JOSHUA C. PRYOR, (hereinafter referred to as "Fier"~anJii JENNIFER N. PRYOR, (hereinafter referred to as "Mother"). WHEREAS, the parties are the natural parents of one child, namely NICHOLAS FRANKLIN CHARLES PRYOR, bom May II, 2000, (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into an comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the child. Each party has the right to be exercised jointly with the other to irtake all non-emergency decisions regarding the child, including, but not limited to, medical, education and religious decisions. 2. Mother shall have primary physical or residential custody of the child. 3. Father shall have periods of partial physical or residential custody of the child at the following times: a.) On alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m.; and b.) At other times as the parties may agree. 4. If the Monday following Father's weekend period of custody is a holiday, Father shall retain physical custody of the child until Monday at 6:00 p.m. 5. Father shall have partial physical custody of the child on Christmas Day from 2:00 p.m. until 8:00 p.m. This provision shall supersede the regular weekend custody schedule. 6. The child shall always be with the Mother on Mother's Day and with Father on Father's Day. In the event this requires an exchange of days, the parties will attempt to accommodate each other to see that the child is with the respective parent on their designated Mother's Day or Father's Day. 7. Each party shall be entitled to exercise one (1) week of vacation time during the summer months, and agree to provide thirty (30) days advance notice to the other party of the requested time. 8. The parties agree that custody exchanges shall take place at the Hampton Square. 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the light to visit the child as often as he or she desires consistent with the proper medical care of the child. .. 10. Neither parent shall do anything which may estra.nge the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. II. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreeme'nt be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for hi~ entire life in Cumberland County, Pennsylvania. 13. The parties stipulate that in making this Agreeml:nt, there has been no fraud, co~cealment, overreaching, coercion, or other unfair dealing on the part of the other party. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue inHuence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: UU1~tL JiL'4{1"-.!oI} .97-0 { (Lc. J2.. Date (jfruA C~ PRyeJR )!Heu.~.41l~\d.-'hJ_~-' ~ YJn~:bJJ(~ 4.f.Jn. M-rr- Date JE ERiN. PRYOR -. '. COMMONWEALTH OF PENNSYL VANIA COUNTY OF On this ~ 7.f~y of heurnber , 2001, before me, the undersigned officer, personally appeared JOSHUA C. PRYOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ '\ . ,- - }JJ QpUb~ ' --- -~--. Notarial Seal Dawn M. Baskette, Notary Public HlIJ1I!V8r Boro, York County My Commission Expires Nov. 24, 2003 Member, Pennsylvanls Assoclatlcn cf NOlanes COMMONWEALTH OF PENNSYLVANIA COUNTY OF : On this .;l 't 1ay of ~ /;.v-z--.... , 2001, before me, the undersigned officer, personally appeared JENNIFER N. PRYOR, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Martha L. Noel. Notary Public Carlisle Boro, Cumberland Coun My Commission Expires Sep!. 18, 2 Member. Pennsylvania ASSOciation 01 Notaries " CERTIFICATE OF SERVICE On this l'if day of ~., 2005, I certify that a copy of the foregoing was served upon the following party of record by delivering same in the manner indicated, addressed as follows: VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED Jennifer N. Pryor 170 Faith Circle Carlisle, Pennsylvania 17013 GOLDBERG KATZMAN, P.c. ;/i,i ' / 1 e. (N,iLL I- Ztil-1 Paul J. osi Supreme Co it ID #25454 Attorneys for Plaintiff Y6? ......r- -0' ~ ,--, ""t-, .-' (.1 ,-/" ,...... .,,-,,~ - JOSHUA C. PRYOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-971 CIVIL ACTION LAW JENNIFER N. PRYOR DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 08, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Monday, July 25, 2005 , the conciliator, 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, Esq. Custody Conciliator .,y 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 HA VE 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 ~~!? ~~ --h ft ~ ~u; r-fJ ~?~~'n \/i ~<\:l,\l.l\S'J\l ilJ3 d t !~.! r\~""" ('"'' ~, r-' . .",,- - f.1 (',\!",\ 1\.1...l\~~ 1\),.:'.''-';, ,-~ --.:'tr;.'\!;,:'" I 2 :2 l~d 6- Nnr SOOZ AHilONOHJOdd 3Hl ::10 3:Jl:J:\O-Q3ll:J JO' (?- ? ,Fo 6- "l 50~& ~ RECEIVED AUG 01 2005 r Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-971 CIVIL TERM JOSHUA C. PRYOR, v. CIVIL ACTION - LAW JENNIFER N. PRYOR, IN CUSTODY Defendant HESS, J. m ORDER OF COURT AND NOW, this z,-:t- day of August, 2005, upon consideration of the Custody Conciliation Summary Report, it is hereby ordered and directed as follows: This Court's Order of April 1, 2001 (sic) shall remain in full force and effect with the following modifications: 1. With regard to the 2005 Summer custodial schedule, Father shall have custody from 6:00 p.m. Au~ust 3'd until 6:00 p.m. August ih, and from 6:00 p.m. August 14th until 6:00 p.m. August 215. Father reserves his right to seek modifications to subsequent Summer custodial schedules which shall be reviewed at the time of the Custody Conciliation Conference in March 2006. 2. The custodial periods for Mother's Day and Father's Day shall be defined as 6:00 p.m. Saturday until 6:00 p.m. Sunday. 3. Christmas. The Christmas custodial schedule shall be modified as follows: Christmas shall be divided into two segments, Segment A and Segment B. Segment A shall be from December 24th at 6:00 p.m. until December 25th at Noon. Segment B shall be from December 25th at Noon until December 26th at 6:00 p.m. In 2005 and subsequent odd-numbered years, Father shall have Segment A and Mother shall have Segment B. In 2006 and subsequent even- numbered years, Mother shall have Segment A and Father shall have Segment B. 4. Thanksgivinq. Father's custodial time for Thanksgiving holiday shall be from 2:00 p.m. Thanksgiving day until Black Friday at 6:00 p.m. 5. Holidavs. The following holidays shall be observed by the parent having the preceding custodial weekend, which shall be extended until 6:00 p.m. on the holiday: Easter, Memorial Day and Labor Day. However, neither party shall have any given holiday weekend for more than two (2) consecutive years. In the event that that would happen, the NO. 02-971 CIVIL TERM parent who has not enjoyed that holiday for the two (2) previous years shall have rights of custody on the holiday from 6:00 p.m. the day before the holiday until 6:00 p.m. on the holiday. With regard to Independence Day, the same guidelines shall apply, however, the custodial period for that holiday shall be from 9:00 a.m. until 9:00 p.m. 6. The parties shall meet for custodial exchanges at Smith's Grocery Store in York Springs. In the event that either party subsequently elects to relocate such that it would cause the relocating party to have a greater drive time for custodial exchanges, the relocating party will be deemed to have elected to bear responsibility for the greater drive distance without the option of asking the other parent to share in responsibility for their decision. 7. The Custody Conciliation Conference shall reconvene on March 3, 2006, at 9:00 a.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 1901 State Street, Camp Hill, PA 17011. It is contemplated at the time the Custody Conciliation Conference reconvenes that parties will discuss Father's request to have an alternating week custodial schedule commencing in Summer 2006. BY THE COURT: AM- Dis!: ~tsPosito, Esquire, PO Box 1268, Harrisburg, PA 17108 VJ3ne Adams, Esquire, 117 S. Hanover Street, Carlisle, PA 17013 " Z~ :;) 2 - :.)nVI ~;oJZ ." .:10 - Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-971 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY JOSHUA C. PRYOR, v. JENNIFER N. PRYOR, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicholas Franklin Charles Pryor May 11, 2000 Mother 2. Father filed a Petition to Modify Order of Court on or about June 1, 2005. A Custody Conciliation Conference was held on July 25, 2005 with the following individuals in attendance: the Father, Joshua C. Pryor, and his counsel, Paul J. Esposito, Esquire; the Mother, Jennifer N. Pryor, and her counsel, Jane Adams, Esquire. 3. The parties reached an agreement for Father to have additional time this summer, clarified the holiday schedule, and agreed to come back to Conciliation for purposes of further discussions regarding summer custodial schedule. The parties did not agree with regard to the custodial exchange point. The parties were informed that the Conciliator would make a recommendation to the Court with regard to the location for custodial exchanges. 4. Father had initially asked to change the position for custodial exchange. However, he withdrew the request to change the location when Mother pointed out that she was doing more than 50% share of the driving and sought to equalize the distance. Father opposes equalizing the drive time between the parties because of Mother's decision to move to a location more distant from where he resides. NO. 02-971 CIVIL TERM 5. Mother's position with regard to transportation is that each of them have relocated to different addresses since the parties' separation that the drive time betweeo th, p,rt;~ 'h~r ,h,rod eq",I~. Me Issa Peel Greevy, Esquire Custody Conciliator :255702 JOSHUA C. PRYOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-971 CIVIL TERM v. CIVIL ACTION - LAW JENNIFER N. PRYOR, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Nicholas Franklin Charles Pryor May 11, 2000 Mother 2. The parties' second Custody Conciliation Conference was scheduled for March 3, 2006, for consideration of Father's request to have an expansion of summer custodial time, to an alternating-week schedule. 3. Father's position on custodv is as follows: Father's counsel reports that his client had determined that he was satisfied to leave the Order as it was entered in August 2005 and that he had sent correspondence to the opposing counsel on or about February 15,2006 inquiring whether the parties might be able to cancel the Conciliation Conference. He reports he received no response. Therefore, Father's counsel came to the Custody Conciliation Conference. Father did not attend. 4. Mother's position on custody is as follows: Unknown. Mother's counsel did not contact the Conciliator's office nor did she, or Mother, attend the Custody Conciliation. 5. The Conciliator and Father's counsel tried unsuccessfully to reach Mother's counsel. Mother did not attend the Conciliation Conference. Therefore, the Conciliator recommends that the Order of August 2, 2005 remain in full force ~. j/gfiJp , ~. /{u/ ~ Date Melissa Peel Greevy, Esquire Custody Conciliator Dist: v~aul J. Esposito, Esquire. PO Box 1268, Harrisburg, PA 17108 yne Adams, ESq\U~1~ S Hanover Street, Carlisle, PA 17013 270509 ~ ~ U 'if3 DI. O~