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HomeMy WebLinkAbout02-1059 JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A vs. NO. fJJ- /OUCFIVIL TERM RICK DARHOWER Defendant CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CONNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 Uberty Street Carlisle. PA 17013 (717) 249-3166 JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. O;l -/05'9 CIVIL TERM RICK DARHOWER Defendant CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with ~3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. O.J .)05'9' CIVIL TERM RICK DARHOWER Defendant CIVIL ACTION-LAW COUNT I DIVORCE COMPLAINT 1. Plaintiff is Jenny Darhower who currently resides at 7 Earl Street, Boiling Springs, Cumberland County, Pennsylvania 17007 2. Defendant is Rick Darhower, who currently resides at 1408 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Jenny Darhower has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the ftling of this Complaint. 4. The Plaintiff and Defendant were married on August 20, 1994, at Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court to require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT FOR CUSTODY 1. The Plaintiff is Jenny Darhower, residing at 7 Earl Street, Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is Rick Darhower, residing at 1408 Trindle Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name Present Residence ~ Joshua Darhower 7 Earl Street, Boiling Springs, P A 7 years old 4. The child was born on March 28, 1995. He is presently in the custody of Jenny Darhower who resides at 7 Earl Street, Boiling Springs, Cumberland County, Pennsylvania. 5. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date. a. Jenny Darhower Rick Darhower 1436 East Clearview Drive. Camp Hill, P A 3/28/95-4/9 b. Jenny Darhower 7 Earl Street Boiling Springs, P A 4/97-Present 6. The mother of the child is Jenny Darhower, currently residing at 7 Earl Street, Boiling Springs, Pennsylvania. 7. The father of the child is Rick Darhower currently residing at 1408 Trindle Road, Carlisle, Pennsylvania 8. The relationship of Plaintiff to the child is that of Mother. 9. The relationship of Defendant to the child is that of Father. 10. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court . 11. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following a. The mother has been the primary caregiver of the child from his birth. She has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the child 3.) purchased, cleaned and cared for the child's clothing 4.) arranged medical care, including nursing and trips to physicians 5.) arranged alternative daycare 6.) put the child to bed nightly, attended the child in the middle of the night, awaken the child in the morning b. The child has a psychological bond with Mother. c. Mother continues to provide a stable environment for the child. 14. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff prays that This Honorable Court grant her primary physical custody of their child. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: February 19, 2002 Ja n P. Kutulakis, Esquire 1.0. #80411 8 South Hanover Street, Suite 204 Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. O:l.IO~C; CIVIL TERM RICK DARHOWER Defendant CIVIL ACTION-LAW AFFIDAVIT OF SERVICE AND NOW, this 4th day of March, 2002, I, Jason P. Kutulakis, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint upon the Defendant, by U.S. Postal Service, Certified, said copy as follows: Ricky Darhower 1408 Trindle Road Carlisle, P A 17013 Date: March 4, 2002 Jason . Kutulakis, Esquire Attorney J.D. No: 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 Attornry for Plaintiff ~ ~ R ~~ )." '" "" -- . " ~ ...... ~ .9\. ~ '" c ~ g; ~ '" c- <::l - '" t ...::, 0- f . f VlNVA1ASNN3d I ! N"f"'{'l '-rrif'\,::J:J'^'n" 1\." .k)"" ,',___,,_,nl V L' c .' r '" h ;'-!U?O ..J ~',:: f - ;'.n t'i t.; JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO.Cl.1- IOS7 CIVIL TERM RICK DARHOWER Defendant CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Jason P. Kutulakis, hereby certify that I served a true and correct copy of the Complaint Under Section 3301(c) of the Divorce Code, upon the Defendant, receipt of which is acknowledged on the attached receipt card on Respectfully submitted, ABOM & KUTULAKlS Date: z)(p (0 ;r f f l Jas P. Kutulakis, Esquire Att mey 1.D. No: 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff 2: -o~ ~gj. Vie e. :;;,~,. t;::6 ;!;;Q ~u ~ I I j Cl N -::c. "9" ?O I ...J <.') ..'('1 ~ '-P. :.J'I .....l '\'\? _.",rn _:.:.:.;c: ,_::'\() "l'"-r, ;~(-"- -~;,. ~ Ben __I "):.-:- :2. t " . Complete Items 1. 2. and 3. Also complete ttsm 4 if Restriclscf Delivery is desired. . Print your name and address on the reverse s""'that we can return the card to you. . Attach this card to the back of the msllpiecs, or on the front if space permits. 1. Article Addressed to: Cl Agent Cl Add...... Cl Yes Cl No ~\(!.I<.'/ ~M~l>tD&t JIIol' fRIIJDL-<: RD CA-t~\&I-~ 'fA 110J,,? 3. Type Certified Mail Cl ExpreSS Mail o Registered 0 Return Receipt for Merchandise " Cllnsured Mall Cl C.O.D. .. Restricted DeUve<Y'/ (ExtrO Fee) Yes .. . "IS 6'1&~ Domestic Retum Receipt ~'. JrI" 10259S.Q().M.0952 . JENNY DARHOWER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. 02-1059 CIVIL ACTION LAW RICK DARHOWER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 13, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 10, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. VernQ'. Esq. '(t-W' 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 j , .~y:~~ eOn/oF: - ~ ~ ~J.t; ~O'h/. [' ~-?b~ ~~ ~ ~ ~ ~(/,,';/'2 'tI1NVlIlASNN3d tUNnm O\:\f],':!:;GV>Jn8 S'J:Z Hd "iIHVI<i20 AClV10t;) ',,-,;! j'1l ::10 .~8I.J~C~{j:1-i!::l MAY 0 7 2002 ') JENNY DARHOWER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-1059 CIVIL TERM RICK DARHOWER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this {ft. day of vV1z:1 ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Jenny Darhower, and the Father, Rick Darhower, shall have shared legal custody of Joshua Darhower, born March 28, 1995. 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 his health, education and religion. Mother shall have primary physical custody of the child. 2. 3. A. B. C. D. E. 4. Father shall have the following periods of partial physical custody: Alternating weekends from Fridays to Sundays at times agreed by the parties. Every Tuesday and Thursday until 8:00 p.m. During the summer, Father shall pick up the child from daycare everyday before 5:30 p.m. Every Thanksgiving, Christmas Day and Easter, from 2:00 p.m. to 8:00 p.m. Such other times as the parties agree. Transportation shall be shared as agreed by the parties. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. VlM0.7,{SN^s!d ;{jjynOJ Otv17J,!E!8/tVt70 tu,[; , lid 6 ~ ), Vw cO '''IN.i0;\ '0/....1.' (~'" , '7' VI ., V(j" .. :JJf:1.-fO-oJ,&liJ. :f0 BY THE COURT, cc: Jason P. Kutulakis, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father ~~ S/Jo/();I.. .~. 'P. , JENNY DARROWER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-1059 CIVIL TERM RICK DARROWER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Darhower March 28, 1995 Mother 2. A Conciliation Conference was held in this matter on May 3, 2002, with the following individuals in attendance: The Mother, Jenny Darhower, with her counsel, Jason P. Kutulakis, Esquire and the Father, Rick Darhower, with his counsel, Michael A. Scherer, Esquire. 3. The parties agreed to entry of an Order in the form as attached. S;--l.. -O:;L Date ~~~, J cqu ne M. Verney, Esquire Custody Conciliator JENNY DARHOWER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUJ\fTY, PENNSYL VANIA v. CIVIL ACTION - LAW RICKY L. DARHOWER, Defendant NO. 02-1059 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of November, 2002, upon consideration of Plaintiffs Praecipe To Transmit the Record, and it appearing that Defendant's affidavit of consent was filed more than 30 days after its execution, a divorce decree will not be entered at this time, without prejudice to the parties' right to correct the deficiency and file a new praecipe to transmit. BY THE COURT, Kara W. Haggerty, Esq. Suite 204 8 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff ~1'~ 11-:27-0J-- ~ :rc 'IfINV!\1)\8NN3d J..lNflOQ O~'11iH:':9\f'l(\;) ppt: \l\d 9 Z fl(jN ZO ^b'\hONO\\J})" \\. ;;0 3~\j::\O-O.:f\d JENNY DARHOWER Plaintiff IN THE COURT OF CO.rvH'v10N PLEAS CUMBERLAND COUNTY, PENNA VS. NO. 02-1059 CIVIL TERM RICK DARHOWER Defendant CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: \\ \ \() \ 0 2. ~1'(fu ~ov-Ff/J Je ny Da ower - JENNY DARHOWER Plaintiff IN THE COURT OF COj\;I110N PLEAS CU:rvlBERLAND COUN1Y, PENNA VS. NO. 02-1059 CIVIL TERN! RICK DARHOWER Defendant CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in divorce under 93301(c) of the Divorce Code was filed March 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ~ CJeMAAJlJ f\01.Pl~ ~~-~~~ JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 02-1059 CIVIL TERM RICK DARHOWER Defendant CIVIL ACTION-LAW PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~(3301(c)) (3301(d)(1)) of the Divorce Code 2. Date and manner of service of the complaint: Certified US Mail. Return Receipt Requested 3/7/02 3. (Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by plaintiff 11/10/02 by defendant. 02/05/03 4. Related claims pending: NONE 5. Complete either paragraph (a) or (b): (b) Date plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: 11/21/02 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: 02/06/03 Respectfully submitted, Date: February 6. 2003 ABOM & KUTULAKIS, L.L.P. tdILW. f~~ Kara W. Haggerty, Esq . Attorney J.D. No: 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attomry for Plaintiff JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA VS. NO. 02-1059 CIVIL TERM RICK DARHOWER Defendant CIVIL ACTION-LAW AFFIDAVIT OF CONSENT 1. A Complaint in divorce under g3301(c) of the Divorce Code was filed on March 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. Date: ~ - r; ~ 0 '> C1-~_. tJ-,j-t0Cw"'--- Rick Dar~ .. JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA VS. NO. 02-1059 CML TERM RICK DARHOWER Defendant CIVIL ACTION-LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ;J. - 6 ~/ci) J~]~D~~I Rick Darh wer fl>fl> fl> fl>fl> fl>fl> fl> fl> fl> fl>fl> fl>fl>fl>~fl>~~~ fl>~~fl>fl>~~~~~~~~~~~~~~fl>fl>~~~~~~~~~~~ fl> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JENNY DARHOWER, PENNA. STATE OF PLAINTIFF No. 02-1059 CIVIL TERM VERSUS RICKY L. DARHOWER, DEFENDANT DECREE IN DIVORCE AND NOW, Fp" L, ,.., 2603, IT IS ORDERED AND JENNYDARHOWER , PLAINTIFF, DECREED THAT AND RICKY L. DARHOWER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0::; 0::; ~ 0::; 0::; ~ 0::; "''O~'O'O~o::;o::;'O'O:o.O J. Ell EIlEll EIlEllEll~fl> fl> fl>fl> ~ fl>~fl>~~fl>~ fl> fl>EIl ~ 0::;'0'0 ~ '0 0::; '0 ~ 0::; 0::; ~ '0 ~ ~ 0::; 0::; '0 0::; 0::; '0 '0 0::; ~ ~ '0 '0 '0 0::; '0 '0 '0 ~ ~ 0::; '0 ~ ~ '0 '0 ~ ~ ~ '0 0::; 0::; 0::; '0 0::; 0::; '0 ~ 0::; 0::; 0::; ~ 0::; 0::; 0::; ~ 0::; 0::; 0::; ~ 0::; '0 ~ ~ 0::; 0::; 0::; ~ ~ COMPLAINT FOR JOINT AND SHARED CUSTODY TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The plaintiff is, Jenny Darhower, hereafter referred to as the natural mother, residing at 10 Grant Court, Carlisle, Cumberland County, pennsylvania 17013. 2. The Defendant is Rick Darhower I hereafter referred to as the natural father, residing at 39 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks legal custody of the following child: a. Name Present Residence Aqe Joshua Darhower 10 Grant Court, Carlisle Carlisle, PA 17013 9 years D.O.B. 3/28/95 b. The child was born on March 28, 1995. c. The child is presently in the custo~r of the natural mother, who resides at 10 Grant Court, Carlisle, Cumberland County, pennsylvania 17013. d. The child has resided with the following persons and at the following addresses for the past 16 months: Persons Address .Q.j3.tes Jenny Darhower Ernie Shank 10 Grant Ct. 2002 - present Carlisle, PA 17013 3. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another Court. 4. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. 5. Plaintifft does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 6. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the child, so none will be given notice of the pendency of this action and the right to intervene. 7. Pursuant to the Custody and Grandparents visitation Act, the mother requests this Court to grant an award of legal custody to her. B. The mother requests sole legal and primary physical custody of the child in that she is in a better position to provide consistent and stable care for the child and she is the parent more likely to assure that the child have a relationship with both parents. 9. The best interests and permanent welfare of the child and his physical, spiritual, emotional and moral well-being will be served by granting the relief requested of legal and physical custody with the mother. 10. Plaintiff mother prays for an Order awarding sole legal and primary physical custody of the minor child, Joshua Darhower, born March 2B, 1995, to the Plaintiff mother and with partial custody awarded to Defendant father as this Court determines is in the best interests of the child. WHEREFORE, Plaintiff mother prays for an Order awarding sole legal custody of the minor child, Joshua Darhower, to the mother, with actual primary physical custody to the mother and periods of partial custody to the defendant-father as this court determines is in the best interest of the child. Respectfully submitted, ~) Ruby D. Ii/ee Attorney fa 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 Date:June 28. 2004 Date:June 28. 2004 ()e1U7j~) ~~ ower - Plaintiff-Mother COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct. Date:June 28.2004 ~. ~ ~ Plaintiff-Mother Sworn to and sUb~ed to befo~his ~ day of . 20 0<1 . N1:~b1~ /J(()Jr}tmJ NOTARIAL SEAl. CAROl A. MORROW, == PlIbII: CdIIe Ilonlugh. Om.. Co!-mIy CommIII8IoiI ExpIr8s June 28, 2OCI7 JENNY DARHOWER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 02-1059 CIVIL ACTION LAW RICKDARHOWER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, Jnly 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 29, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!;. FOR THE COURT, By: Isl Jacqueline M. Vemey. Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 [3 Telephone (717) 249-3166 ~t7t ~ p ~,~ ~ ~~ 2J.c., -* '?- ~ ~t?, /Ie?- E'/L ~-P::?'~;~-~,7-~ /7Cl.cYL ~J :\<;'1 r\U;2,\~:- ,]:Jd ll"(-'("~ ;:..:IJr,'"'\ i\.lor.:; \'...":'_' ".,H ~\ Iv L tj :S \;1<:\ S \ lflf ~Uul I-'\i\n,n'.,!u'''~' 3'"1.:10 J\d '1.~Vl '.Vl 1-'- wO \ 1 3J\:l~O..{l3l\:I JENNY DARHOWER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBER~ND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW CUSTODY RICK DARHOWER Defendant #2002-1059 CIVIL TERM AFFIDAVIT OF SERVICE BY MA:[L PURSUANT TO PA R.C.P. 1920.4 (a) (1) (iil COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BS I, RUBY D. WEEKS, ESQUIRE, Attorney for Jenny Darhower, being duly sworn Trailer Park, Carlisle I Cumberland County I Pennsylvania I 17013 I by mailing the complaint was served on the Defendant I Rick Darhower I at 35 Betty Nelson according to law, depose and say that a true and correct copy of the custody same to him by regular first class mail and by certified mail, restricted delivery, No. 7002 0860 0000 1074 5138 on July 21, 2004. Service of the certified restricted deliver mail was not accepted, attempts , were made on mail was not returned. July 22, 2004, July 30, 2004 and August 6, 2004. The copy sent via regular RUbYb~~ Sworn and subscribed to before me this J 1]""" day of ~.LlJ:J:I- , 20Q!{. r!w~J~JY( co/Utoo !=~'~.c==~~~ c N01i\RIAL. SEAl C CAROl A. MCif! ,ROW, NoIaly PublIc Carlisle Borough, Cumberland Cll'lII\y My Commissloii ExpIres June 28, 2007 ''''J.lIIJ.'''''_-.-- US ["J ,II'S \/1' CERTIFIED MAIL RECEIPT (Domestic Mall Only, No Insurance Coverage Provldee <0 m .-'l Ul ::r l'- CJ .-'l CJ CJ CJ CJ Postage $ to.83 Certified fee t .7 o Return ReceIpt fee ...D (Endorsement Required) CO Restricted Delivery Fee C (Endorsement Required) ru Total Postage & F... B.50 CJ l'- - CARLISLE MPO CARLISLE. Pennsylvania 170132935 4134870013-0098 07/21/2004 (800)275-8777 03:38:48 PM - Sales Receipt Sale Unit Qty Pri ce fi nal Pd ce ProdlJct '~sc ri pt; on ~RLISLE PA 17013 , i rst-Cl ass Restricted Delivery Return Rece; pt Ce,rtified Label Seri al #: $0.83 $3.50 $1. 75 $2.30 70020860000010745138 =..=="''''== Issue PVI: $8.38 'ltill: $8.38 -Ii d by: lslh lange Due: $10.00 -$1.62 Bi" #: 1000201736203 Clerk: 12 __ All sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. 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'" OJ " i::A- ~CJ:) ",. ~ (....J ~-CO " n E: ~ := ::Dr- r- VJ :::J: .-_"'tl. ~~;~~~"'C z. _rrll:::'~ ......""'=0 .... ~ ::D ~ '" o C,.. N G.;;'> :ft ~ '. o -l" '" --' j:'"" c~) c.) c.".) () JENNY DARHOWER, Plaintiff A~ 0 lUU4 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2002-1059 CIVIL TERM RICK DARHOWER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 7_ ~ I ~ day of ~ _ ,. So. ~[ , 2004, upon consideration of the attached Custody Co~ it is ordered and directed as follows: I. The prior Order of Court dated May 9, 2002 shall remain in full force and effect with the following additions and modification: 2. Father shall cooperate with the child's counselor. 3. Father shall provide a telephone number where the Child may be contacted while in Father's custody. 4. Father shall assure that when the Child is tnillsported, it will be in a duly insured, registered, and inspected vehicle driven by a licensed driver. Father shall also insure that the Child rides in the backseat of the vehicle. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modifY the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY TIffi COZTtat J. cc: Ruby D. Weeks, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father ~u.4 ~ f. OL '(-0'1 9-. u". () liJ. _:1' C'.~ (V) C',j ':;::::1 C:;::",> c"" AUG 2 0 2004 JENNY DARHOWER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2002-1059 CIVIL TERM RICK DARHOWER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Darhower March 28, 1995 Mother 2. A Conciliation Conference was held in this matter on August 19, 2004, with the following individuals in attendance: The Mother, Jenny Darhower, with her counsel, Ruby D. Weeks, Esquire and the Father, Rick Darhower, with his counsel, Michael A. Scherer, Esquire. 3. A prior Order of Court was entered by the Honorable 1. Wesley Oler, Jr. dated May 9, 2002 providing for shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody. 3. The parties agreed to entry of an Order in thf' form as attached. o -c:({;-o'f Date 'L / ~ tl1.tb ~Verney, Esquire Custody Conciliator PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER 1. The Plaintiff is, Jenny Darhower, hereafter referred to as the natural mother, residing at 10 Grant Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Rick Darhower, hereafter referred to as the natural father, residing at 39 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The child is Joshua Darhower born on March 28, 1995. 4. The petition of Jenny Darhower, respectfully represents that on August 23, 2004 an Order of Court was entered for partial custody/visitation, a true and correct copy of which is attached. 5. This order should be modified because: father is not following the present custody order: no phone number to contact him when he has the child, has never provided car insurance and registration papers, will not meet with the child and counselor as requested, and the counselor had reported father to Cumberland County Children and Youth because she felt the child was in danger while with father. WHEREFORE, Petitioner requests that the Court modify the existing Order for partial custody/visitation because it will be in the best interest of the child. \-,~: ~. R~' Esquire Attorney for Petitioner ~~~ ~ny Dirhower, Petitioner COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Complaint are true and correct. Date: \l\lq\O~ ~rLiM(J\a/I h ~~ CJ JeDPi-Darhower - Plaintiff-Mother Sworn to and subscribed to before me this ICy""'" day of NOVe n1.heh , 2004 ~!A&Jr&urMJ r"n_-~'~~--~""" "u,. ,-, I ._.....-...... .......-..1..,.. M. c~ ''';''~'-"':!''':'', _~ _ _,' 0< ~__"""""""'_'__'__~', . ~~"Y-Il~~ 'I., .,"1:.' '>t ~ Pi\.~ r~ "'-' "J,.,. ,<~ ~Ji;:'~. ,- r t"i:f-,l~ .~~. t ~'~~. ";"--"'-i~,~;~ ~: ~~A.....~,~ ~,t'~ I :' F. ',-., ,~'- er'",,,:,~~,,:',i (;n~.nt\ .. .. (', '.: ..:.," ":;".:":'" '~J"""'''28''':' 71'" (.c. If,. .",,<t,.,_t~~~ WIS, . ........ " ,,,,,1. "" _. .'~.. .Z~-c."'A;.".:Q,-~"" .....1l.':':i"j... AUG 2 0 LOO/-!. JENNY DARHOWER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. .. : NO. 2002-1059 CIVIL TERM RICK DARHO\VER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this :l. 0 M.t.. day of ... O..LL4h.J-'" , 2004, upon consideration of the attached Custody Concili~til~ieport, it is ordered and directed as follows: 1. The prior Order of Court dated May 9, 2002 shall remain in full force and effect with the following additions aI1d modification: 2. Father shall cooperate with the child's counselor. 3. Father shall provide a telephone number where the Child may be contacted while in Father's custody. 4. Father shall assure that when the Child is transported, it will be in a duly insured, registered, and inspected vehicle driven by a licensed driver. Father shall also insure that the Child rides in the backseat of the vehicle. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /s/ C) tuQ~ (fJ~. 9" J. cc: Ruby D. Weeks, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father TRUE COPY FROM RECORU In Teetlmooy whereof. I here unto set my tta~ and the seal of sakj Court at CarUsle, Paw This :l. 3f tCay eX~..v: .r2my' . ( !-'fJ-L- C2. ./ ,:~, ProthonOtarv .'- .-.---' ;::.-. . M/\Y n '( ;!OO? Y JENNY DARHOWER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2002-1059 CIVIL TERM RICK OARHO\VER, Defendant : CrVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 9.:tL day of -n1~- ,2002, upon consideration of the attached Custody Conciliation tf{eport, it is ordered and directed as follows: 1. Thc Mother. Jenny Darhovvcr, and the father, Rick Darho\'.-cr, shall have shared legal custody of Joshua Darhower, born March 28, 1995. 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 his health, education and religion. Mother shaH have primary physical custody of the child. 2. 3. A. B. C. D. E. 4. Father shall have the following periods of partial physical custody: Alternating weekends from Fridays to Sundays at times agreed by the parties. Every Tuesday and Thursday up-til 8:00 p.m. During the summer, Father shall pick up the child from daycare everyday before 5:30 p.m. Every Thanksgiving, Christma~ Day and Easter, from 2:00 p.m. to 8:00 p.m. Such other times as the parties agree. '. Transportation shall be shared as agreed by the parties. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /.51 o. . )~..vt"L tft'./ .w J (} ~ (j J. cc: Jason P. Kutulnkis, Esquire. Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father TRUE COPY FRO~~ RECOr~O In Te-stlmony wh~re-,Jf. ~ hsra unto set my ha~j Sind tho sro! oJ ~i~ CiJurt a! CarHsl'a, Fa. Tnl~~. dav of. ?>]a'4,... .;2~ c :L l' ((} jhh ~ ~ "". O. I~t ,-t6-...- IJ I .- D~. ProtOOootary , . . I i I , 1 ' I . .JENNY DARHO\VER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2002-1059 CIVIL TERM RICK DARHO\VER, Defendant : CIVIL ACTION - LA \V : IN CUSTODY PRIOR JUDGE: None .cUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE \VITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the foHowing report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: N ^ i...1E DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Darhower March 28. 1995 Mother 2. A Conciliation Conference was held in this matter on May 3, 2002, with the following individuals in attendance: The Mother, Jenny Darhower, with her counsel, Jason P. Kutulakis, Esquire and the Father, Rick Darhower, with his counsel, Michael A. Scherer, Esquire. ... -'. The parties agreed to entry of an Ord.er in the form as attached. -. !,--... ~ -0 ~ Date ~~ 'Tn. i!<~-'J' Jjcqudlnc M. Verney, Esquire I Custody Conci I iator .....~- __:1" , G: -:~ ,-- f +- ~ I, .., ('.J U.J '- !: ='":~) ", - , ( " .- J '" .. ~, L;._ " (-) , T , ) en C:, r; Lt.: L~ ..".1 -..- , " CL: t J :1: -C.:..: : 1-- ~ ; ,-. !.I _::r . (.,.~, c.,';> -." '-' c;:,:. Cl "-J ~ V Q.J~ :::3-....... ~~ ==F'" ~06\J) ~'O -- iT: . r~ . C) . --C V) -0 u U ~ CL.~ C'- ~ "' JENNY DARHOWER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU:~TY, PENNSYLVANIA v. 02-1059 CIVIL ACTION LAW RICKDARHOWER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 02, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 23, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis 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 hearinl!. FOR THE COURT. By: /s/ Jacqueline M Vern,ev, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,A _p~~ ~~~l h(JeC1 ~FJp 'Z ~ ~tL, A'o.e-el ~ r ':L ~ -Mtl-r! .Ml-- e-el )J.Nr~~' :('//0), ';; ;;' . ':'/~nJ 00 .7 l' "0 ,ld Z - 330 ~aoz ~ L{\~H .....' t/""l' . "uvlV'\', I '1('" ' - .;;,,'-'''-..Joci -iL11 :10 :J,A:3:10~a31~1 .. '" N OV 2 4t--oC:> 1 t I JENNY DARHOWER Plaintiff IN THE C01JRT OF COMMON PLEAS OF CUMBER~D COUNTY, PENNSYLVANIA VB. CIVIL ACT:ION - LAW CUSTODY RICK DARHOWER Defendant #2002-1059 CIVIL TERM ORDER OR COURT You, Rick Darhower, defendant/respondent, have been sued in court to modify custody, partial custody or visitation of the child:. Joshua Darhower, born March 28, 1995. You are ordered to appear in person at, on the day of , 20___ , at .M., for Da Da Da conciliation or mediation conference. pretrial conference. hearing before the court. If you fail to appear as provided by this order, and order for custody, partial custody, or visitation may be entered against you or the court my issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. find out where you can get lega.l help. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 697-0371, Ext. 6200 532-7286, Ext. 6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. BY THE COURT: Date: J. .. PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER 1. The Plaintiff is, Jenny Darhower, hereafter referred to as the natural mother, residing at 10 Grant Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Rick Darhower, hereafter ]~eferred to as the natural father, residing at 39 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The child is Joshua Darhower born on March 28, 1995. 4. The petition of Jenny Darhower, respectfully represents that on August 23, 2004 an Order of Court was entered for partial custody/visitation, a true and correct copy of which is attached. 5. This order should be modified because: father is not following the present custody order: no phone number to contact him when he has the child, has never provided car insurance and registration papers, will not meet with the child and counselor as requested, and the counselor had reported father to Cumberland County Children and Youth because she felt the child was in danger while with father. WHEREFORE, Petitioner requests that the Court modify the existing Order for partial custody/visitation because it will be in the best interest of the child. \ -' ~=-~ \C~:;U L~ ~leeks, Esquire Attorney for Petitioner ~~t~er COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the fore9oing Complaint are true and correct. Date:~ ~ruAi ball VJ ~tC1 ~lY Darhower - Plaintiff-Mother Sworn to and subscribed to before me this ICf;n day ~ I of Nove. fflJw.h , 20~ ~!! jiicfY[OlUlMJ r....""=. -- ... ,- -NorP;;L.sE.;!. ~._---~ (;J;,l1)t f: ~;;~,.,~r,,~~I~:'.:'ft!:V~j~~ I f, f;".\,<t'-' F'.'~'l~'" '""t'"ri,...-1~~;,:-j ,c.~~. .' : \..~" ,~'" 't, \, ' ..'~ ~G~..>, '....o~Ci..~<J:: V....L,c ( I,:':, '~;~,1rr'::;;ltl;;tl<piresJun528. 1 .' .,~,", "U.......;;:,:...,~"2Z.~A:,;Ca~;::cilL~::':4}Qn7:. AUG 2 0 200/1 V. t : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1059 CIVIL TERM JENNY DARHOWER, Plaintiff RICK DARHOWER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ;l. 5/U-C.- day of ... ~. , 2004, upon consideration of the attached Custody Conciliati n Report, It IS ordered and directed as follows: 1. The prior Order of Court dated May 9, 2002 shall remain in full force and effect with the following additions aqd modification: 2. Father shall cooperate with the child's counselor. 3. Father shall provide a telephone number where the Child may be contacted while in Father's custody. 4. Father shall assure that when the Child is transported, it will be in a duly insured, registered, and inspected vehicle driven by a licensed driver. Father shall also insure that the Child rides in the backseat of the vehicle. 5. This Order is. entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /s/ C) lu~~ (()fJhJ 9, I / . J. cc: Ruby D. Weeks, Esquire, Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father TRUE COPY FROM RECORU In Teitlmony whereof, I here unto set my tta~ and the seal e( said Court at CarUste. Pa. This ~p ol~:1 .2-;" .. ( a ,:fj . ProthonOtary ,r- /- .;;:-- > Ml1Y (r '7 ::002 Y JENNY DARHOWER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-1059 CIVIL TERM RICK DARHO\VER, Dcfcndnnt : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 9.:1L day of -r>1~ ,2002, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The Mother, Jenny Darhovvcr, and thc Father, Rick Darho\vcr, shall have shared legal custody of Joshua Darhower, born March 28, 1995. 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 his health, education and religion. Mother shall have primary physical custody of the child. 2. 3. A. B. C. D. E. 4. Father shall have the following periods of partial physical custody: Alternating \veekends from Fridays to Sundays at times agreed by the parties. Every Tuesday and Thursday ufl.til 8:00 p.m. During the summer, Father shall pick up the child from daycare everyday before 5:30 p.m. Every Thanksgiving, Christma~ Day and Easter, from 2:00 p.m. to 8:00 p.m. Such other times as the parties agree. " Transportation shall be shared as agreed by the parties. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /.5 / 0 . )kG~;} tPt"dW ~ ~O u J. cc: Jason P. Kutulakis, Esquire. Counsel for Mother Michael A. Scherer, Esquire, Counsel for Father TRUE COPY FRO~~ RECOi:tD In T'fstlmony WhDfi:-.:;f~ J here l.mto set my hanj and tho Sf:J! oi ~j~~ CDUr1 a! Cf2rHsl'a, Fa. This Yl, 02) of ~t<t.~":L ( ~;... . /11 t ' I, I D p'kJ-. Prothonotary I ! j I ! i I . I I I I I i i I I i . I 1 i I \ I . _FT .JENNY DARHO\VER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2002-1059 CIVIL TERM RICK DARHO'VER, Defendant : CIVIL ACTION - LA \V : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDU RE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as fol1ows: NAtv1E DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Darhower March 28. 1995 Mother 2. A Conciliation Conference was held in this matter on May 3, 2002, with the following individuals in attendance: The Mother, Jenny Darhower, with her counsel, Jason P. Kutulakis, Esquire and the Father, Rick Darhower, with his counsel, Michael A. Scherer. Esquire. .. .J. The parties agreed to entry of an Ord.er in the form as attached. '. !,--,. L: -O-;;:L Date 1. '-<~~ 7n.1~~7. Jicqu . tne M. Verney, Esquire Custody Conciliator U.I' S'~ 5 I :.;) --. ~ ~__; C. lJ..JL_ Ul :"",\WlIo ~~ ~1: ~,~:; 1-- ""'- II. c:; o c::;; r;-...) en ~~ _"1" Ct (',J 1...:... f~~ ~ V c;u~ :3",,- C-- ~~ ~ =F '" ~06\!) ~'O -- i= . r~ . C) . --C U) --0 <.,) U~ ~~ - , -., Cl o JAN 1 2 2005 ryJ pi JENNY DARHOWER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-1059 CIVIL TERM RICK DARHOWER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this ---121L- day of :r ;J n , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated May 9, 2002 and August 23, 2004 are hereby vacated. 2. The Mother, Jenny Darhower, and the Father, Rick Darhower, shall have shared legal custody of Joshua Darhower, born March 28, 1995. 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 his health, education and religion. 3. 4. A. B. C. D. E. Mother shall have primary physical custody of the child. Father shall have the following periods of partial physical custody: Alternating weekends from Fridays to Sundays at times agreed by the parties. Every Tuesday until 8:00 p.m. During the summer, Father shall pick up the child from daycare everyday before 5:30 p.m. Every Thanksgiving, Christmas Day and Easter, from 2:00 p.m. to 8:00 p.m. Such other times as the parties agree. 5. Once Father has participated in counseling with the child for three sessions, his partial physical custody shall increase to every Thursday until 8:00 p.m. 6. In addition, Father shall explore and participate in a parenting program. 7. Transportation shall be shared such that the receiving party shall transport. " AJh(' 07") v .,_ C I filii SOuZ 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BYTIillCO~~~ J. cc: Ruby D. Weeks, Esquire, Counsel for Mother j ,L..~ ~ 1-/3-tl:> Michael A. Scherer, Esquire, Counsel for Father Q c;L JAN 1 2 2005 JENNY DARHOWER, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : 2002-1059 CIVIL TERM RICK DARHOWER, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19] 5.3-8, the undersigned Custody Conc:i1iator submits the following report: ] . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Joshua Darhower March 28, ] 995 Mother 2. A Conciliation Conference was held in this matter on January]], 2005, with the following individuals in attendance: The Motht:r, Jenny Darhower, with her counsel, Ruby D. Weeks, Esquire and the Father, Rick Darhower, with his counsel, Michael A. Scherer, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated May 9, 2002 and August 23, 2004, providing for shared legal custody, with Mother having primary physical custody and Father having partial physical custody on alternating weekends and two evenings per week. 4. The parties agreed to entry of an Order in the form as attached. 1- / I .0 S Date ~J4.L7J c eJine M. Verney, Esquire Custody Conciliator