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HomeMy WebLinkAbout06-4372TABITHA L. JENKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. (, L - H 3'7e2 Civil Term NEIL W. DETWEILER, ACTION IN CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Tabitha L. Jenkins, who currently resides 138 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Neil W. Detweiler, who currently resides at 2 Myers Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Alexis Lanee Detweiler 11/26/02 (3) 138 Rustic Dr. Shippensburg, Pa. 17257. Mother and Father are not married. Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME Tabitha L. Jenkins Neil W. Detweiler 2 Myers Rd. Shippensburg, Pa. 17257 DATES birth - 5/19/2006 Tabitha L. Jenkins 138 Rustic Dr. 5/19/06 - present Chad and Bridget Jenkins Shippensburg, Pa. 17257 (Brother and sister-in-law) Jasmine Jenkins (niece) The mother of the child is Tabitha L. Jenkins. She currently resides at 138 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. She is not married. The father the child is Neil W.. Detweiler. He currently resides at 2 Myers Drive, Newville, Cumberland County, Pennsylvania, 17241. He is not married. 4. The relationship of plaintiff to the children is that of Mother. The Plaintiff currently resides with her brother and sister-in-law and their child. 5. The relationship of defendant to the child is that of Father. The Defendant currently resides alone. 6. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated on May 19.2006. Mother is seeking an order confirming that she has primary custody and providing for specific periods of partial custody for father. It would be in the best interest of the child to confirm these arrangements. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the child. Respectfully submitted, Date: ?14 Adams, Esquh No. 79465 South Pitt Street Carlisle, Pa: 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: .6(( 4 T ?`n' "T? s+? °Q C`? "`? V ?._- ?' °i =?t ?{ _ ^n 3 i't r-= ,- ? ?? ,?? -1C C? _ - +. t TABITHA L. JENKINS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 06 - 4372 Civil Term NEIL W. DETWEILER, : ACTION IN CUSTODY Defendant AFFIDAVIT OF SERVICE AND NOW, this August 4, 2006, I, Jane Adams, Esquire, hereby certify that on August 3, 2006, a certified true copy of the CUSTODY COMPLAINT was served, via certified mail, return receipt requested, addressed to: Neil Detweiler 2 Myers Rd. Newville, Pa. 17241 DEFENDANT Item 4 if Rubio ted Delivery is desired. 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DETWEILER DEFENDANT 06-4372 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 04, 2006 , 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 Tuesday, September 05, 2006 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/ ac ucKne M. Verney, Es q. Custody Conciliator 'j451 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 e+ VA AiNno _I 9 £ :Zf Wd L- gnv 9002 .' l TABITHA JENKINS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. : NO. 06-4372 CIVIL TERM NEIL W. DETWEILER, : CIVIL ACTION - LAW Defendant : IN CUSTODY ENTRY OF APPEARANCE Please enter my appearance in the above captioned matter on behalf of the Defendant, Neil W. Detweiler. Respectfully submitted, Date Abom & %utu&Es, LLP Kara W. Haggerty, Es 36 South Hanover Stl Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 86914 1 CERTIFICATE OF SERVICE AND NOW, this 24`s day of August, 2006, I Kara W. Haggerty, Esquire, of Abom & Kutukkis, LLP, certify that I served a true and correct copy of the within Entry of Appearance by first class mail, addressed as follows: Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Kara W. Haggerty, E 36 South Hanover S e Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 86914 C) -4 o a J Cr' r {'S1 ? n -C, r-n 2 -- N - y r C, -L -r c cc ? v w IVED TABITHA L. JENKINS, : IN THE COURT OF COMM Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4372 CIVIL ACTION - LAW NEIL W. DETWEILER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this t_ day of , 2006, upon consideration of the attached Custody Conciliation R [port, it is ordered and directed as follows: 1. The Mother, Tabitha L. Jenkins and the Father, Neil W. Detweiler, shall have shared legal custody of Alexis Lanee Detweiler, born November 26, 2002. 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 her 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody on a week on/week off basis with the exchange day and time being Fridays at 5:00 p.m. Mother shall have the first week beginning September 8, 2006. SE1 0 5 2006 BY: ? y 3. The non-custodial parent shall have physical custody of the child on their off week from 5:00 p.m. to 8:00 p.m. 4. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day, both at times as agreed by the parties. 5. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. by agreement of the parties. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in odd numbered years. 7. Cumberland County shall maintain jurisdiction of this matter. 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 ,,?e Adams, Esquire, Counsel for Mother cc, AV11chelle L. Sommer, Esquire, Counsel for Father TABITHA L. JENKINS, Plaintiff V. NEIL W. DETWEILER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4372 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexis Lanee Detweiler November 26, 2002 shared 2. A Conciliation Conference was held in this matter on September 5, 2006, with the following in attendance: The Mother, Tabitha L. Jenkins, with her counsel, Jane Adams, Esquire, and the Father, Neil W. Detweiler, with his counsel, Michelle L. Sommer, Esquire. 3. The parties agreed to an Order in the form as attached. - S o (? ' U Date Jlacqi ine M. Verney, Esquire Custody Conciliator -ABOM & LITULAKIS Michelle L Sommer, Esquire Attorng I.D. No.: 93034 36 South Haxonr Shut Carisle, Pennghwi is 17013 (717) 249-0900 TABITHA JENKINS, Plaintiff V. NEIL DETWEILER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2006-4372 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: AND NOW, the Defendant, Neil Detweder, by and through his attorney, Michelle L. Sommer, Esquire, of Abom & Kutulal is, L.L.P., avers the following. 1. The petition of Neil Detweiler, Defendant, respectfully represents that on September 15, 2006, an Order of Court was entered granting shared legal and physical custody to both Father and Mother. (Copy attached as Exhibit 6'X0 2. This Order should be modified because: a. The minor child will be of school age and be able to enter school in the Fall of 2008. b. At this time, Father and Mother have shared physical custody of the minor child on a week on/week off arrangement with the exchange day and time being Fridays at 5:00 p.m. c. Father would like to continue this arrangement through the Spring of 2008 and begin to phase in a new physical custody schedule gradually for the minor child so as to give her as much time as possible to adjust to these new arrangements. d. Currently, Father lives in the Big Spring School District in Newville, Pennsylvania. e. Mother; however, resides in West Virginia; but she commutes to work at Links to Care located in Carlisle, Pennsylvania. f. The minor child currently attends a private daycare which is located in Newville, Pennsylvania. g. The minor child attends the private daycare everyday; even on the weeks she is living with Mother. h. Father and Mother have talked about where the minor child would attend school when the child reached school age and in the past Mother has had no objection to the child enrolling in the Big Spring School District. i. Mother would still like to keep the same arrangement, a week on/week off custody agreement, with Mother driving the minor child 2 to Pennsylvania everyday during her custodial week to attend school in the Big Spring School District. j. Currently, Mother transports the child to the daycare provider from her home located in West Virginia; a commute that according to Mapquest takes 1 hour and 25 minutes and 80.37 miles to travel. (Copy attached as Exhibit `B'?. k. It is believed and therefore averred that traveling back and forth between West Virginia and Pennsylvania in a vehicle would be too long for a child of school age. 1. It is believed and therefore averred that it is in the best interest of the child to be in the primary custody of one parent during the week while the child is attending school. 3. It is in the best interest of the child for the new custody schedule to be: a. During the school year, Father would have primary custody during the school year and the minor child would attend the Big Spring School District and Mother would have partial physical custody of the child every other weekend during the school year, as well as any extended breaks the child may have during the school year; such as over Thanksgiving, Christmas and Easter. b. During the summer, Mother would have primary physical custody of the minor child and Father would have partial physical custody of the 3 child every other weekend and be allowed two (2) weeks of vacation with the child during her summer break. 4. It is in the best interest of the child to begin a phase in plan in the Spring of 2008 in order to become comfortable with this new arrangement since she has been living with bother her Father and Mother equally since 2006. WHEREFORE, the Petitioner requests that, in the best interest of the parties' minor child, this Honorable Court modify the existing Order of Court and grant Father primary physical custody and Mother partial physical custody. Respectfully submitted, DATE ABOM & KUTULASIS, L.L.P. Michelle L. So er, Esquire Supreme Court ID No. 930344 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant 4 S EP to 5 1006 TABITHA L. JENKINS, Plaintiff V. NEIL W. DETWEILER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVlI A : NO. 2006-4372 CIVIL ACTION - LA IN CUSTODY ORDER OF COURT ?i AND NOW, this day of , 2006, upon consideration of the attached Custody Conciliaf' n Report, it is ordered and directed as follows: 1. The Mother, Tabitha L. Jenkins and the Father, Neil W. Detweiler, shall have shared legal custody of Alexis Lanee Detweiler, born November 26, 2002. 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 her 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 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. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody on a week on/week off basis with the exchange day and time being Fridays at 5:00 p.m. Mother shall have the first week beginning September 8, 2006. 3. The non-custodial parent shall have physical custody of the child on their off week from 5:00 p.m. to 8:00 p.m. 4. Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day, both at times as agreed by the parties. 5. Thanksgiving shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00, p.m. to 9:00 p.m. by agreement of the parties. 6. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in odd numbered years. 7. Cumberland County shall maintain jurisdiction of this matter. 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 cc: Jane Adams, Esquire, Counsel for Mother Michelle L. Sommer, Esquire, Counsel for Father "TCORD r y hand s? ` Pa. TABITHA L. JENKINS, Plaintiff V. NEIL W. DETWEILER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4372 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Alexis Lanee Detweiler DATE OF BIRTH CURRENTLY IN CUSTODY OF November 26, 2002 shared 2. A Conciliation Conference was held in this matter on September 5, 2006, with the following in attendance: The Mother, Tabitha L. Jenkins, with her counsel, Jane Adams, Esquire, and the Father, Neil W. Detweiler, with his counsel, Michelle L. Sommer, Esquire. 3. The parties agreed to an Order in the form as attached. 1-s o(' Date cq ine M. Verney, Esquire Custody Conciliator Driving Directions from [100-299] Topaz Ln, Inwood, WV to 287 Shed Rd, Newville, PA Page 1 of 2 low IRA- W. Start: [100-299] Topaz Ln Inwood, WV 25428, US End: 287 Shed Rd Newville, PA 17241-8773, US Notes: Only text visible within note field will print. 0 8:30 IH is probably one of the SMOSt times of day to drive. It's time for Driver's Ed' fbr the Feel World Glick bore ? 11 -T.. 12mAlftt?. '~1111VE's IV 3: Turn RIGHT onto WV-51. 0.8 miles 4: Turn RIGHT onto US-11 / WV-51. 0.2 miles 5: Turn LEFT onto WV-51. 0.5 miles 6: Merge onto I-81 N (Passing through MARYLAND- then crossing into 69.8 miles PENNSYLVANIA). 7: Take the PA-233 exit- EXIT 37- toward NEWVILLE. 0.1 miles 8: Turn LEFT onto PA-233. 6.2 miles 9: Turn SLIGHT LEFT onto DOUBLING GAP RD / PA-233. 1.2 miles 10: Turn LEFT onto ROCK RUN RD. 0.4 miles 11: Turn RIGHT onto SHED RD. 0.8 miles ® 12: End at 287 Shed Rd Newville, PA 17241-8773, US Total Est. Time: 1 hour, 25 minutes Total Est. Distance: 80.37 miles http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt&un=m&go=1 &... 9/4/2007 Driving Directions from [100-299] Topaz Ln, Inwood, WV to 287 Shed Rd, Newville, PA Page 2 of 2 Start: [100-299] Topaz Ln Inwood, WV 25428, US M,P,O ST.l , 43 m ? tt_! 6 End: 287 Shed Rd Newville, PA 17241-8773, US MAJiFS?, ? 4 m o aaao ft Accr" ng b All rights reserved. Use Subject to License/Copyright These directions are Informational only. No representation is made or warranty given as to their content, road conditions or route usability or expeditiousness. User assumes all risk of use. MapQuest and Its suppliers assume no responsibility for any loss or delay resulting from such use. V http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt&un=m&go= l &... 9/4/2007 I, NEIL DETWEILER, verify that the statements made in this Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 8' 31 - DE ?kfLER AND NOW, this 4 h day of September 2007, I, Michelle L. Sommer, Esquire, of Abom & Ksttulakis, LLP., hereby certify that I did serve a true and correct copy of the foregoing Petition to Modify Custody, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified and First-class mail, postage prepaid addressed to the following. Jane Adams, Esquire 64 South Pitt Street Carlisle, PA 17013 Attorney for the Plaintiff DATE A H-' 01 Respectfully submitted, ., L.L.P. ABOM & SUMLA"S Michelle L. Sommer, Esquire Supreme Court ID No. 930344 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant n C=l CM 0 -n -ri;? Gam? n yr i 3 \ \ V 4- V A T r TABITHA JENKINS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NEIL DETWEILER DEFENDANT • 064372 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 12, 2007 , 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, October 04, 2007 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,emu, co- £? d VINVAWNN3d ,gym AiNfIO? f7-r I £ :Zl Wd € I d35 LOOZ 301 Ba-03114 OCT i1zoo7*/ TABITHA JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4372 CIVIL ACTION - LAW NEIL DETWEILER, Defendant . IN CUSTODY ORDER OF COURT AND NOW, this day of 6 j , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Cour Room No. j , of the Cumberland County Court House, on the #A day of , 200 9, at q = 34 o'clock, _&. M., at which time testimony ' be taken. or purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated September 15, 2006 shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cci elle L. Sommer, Esquire, counsel for Father ane Adams, Esquire, counsel for Mother C'j G _. LO ., . ^ _ Eiu C-) ILU Fes- C ?3 ,?? ??1., c? TABITHA JENKINS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4372 CIVIL ACTION - LAW NEIL DETWEILER, Defendant : 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alexis Lanee Detweiler November 26, 2002 shared 2. A Conciliation Conference was held October 18, 2007 with the following individuals in attendance: The Father, Neil Detweiler, with his counsel, Michelle L. Sommer, Esquire, and the Mother, Tabitha Jenkins, with her counsel, Jane Adams, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated September 15, 2006 providing for shared legal custody and shared physical custody on a week on/week off basis. 4. Father's position on custody is as follows: Father seeks shared legal and primary physical custody during the school year, with Mother having alternating weekends and extended physical custody over Thanksgiving, Christmas and Spring break Father also proposes that Mother have primary physical custody in the summer, with Father having two weeks in the summer. Father asserts that the child will begin kindergarten next August. Mother lives in West Virginia but works in the Carlisle area. She currently drives the child to the same day care that Father uses. Father believes that once the child begins kindergarten, the drive from West Virginia, more than one hour, would not be good for the child. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She agrees that the child should attend Big Spring School District. She suggests that there is no ill effects on the child with the current custody arrangement. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. Date acq line M. Verney, Esquire Custody Conciliator TABITHA JENKINS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2006 - 4372 Civil Term NEIL DETWEILER, : IN CUSTODY Defendant MOTION FOR CONTINUANCE AND NOW comes the Plaintiff/Petitioner, Tabitha Hedrick, f/k/a Tabitha Jenkins, by and through her attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff/Petitioner is Tabitha Jenkins, (hereinafter referred to as "Mother") 2. Defendant/Respondent is Neil Detweiler, (hereinafter referred to as "Father"); he is represented by Michelle Sommer, Esquire. 3. The parties are the natural parents of one child, namely, Alexis L. Detweiler, born November 26, 2002. 4. A hearing before this Honorable Court was scheduled for January 14, 2008 at 9:30 a.m. 5. The parties met recently and Mother's counsel believes that the parties will be able to reach a comprehensive agreement regarding legal and physical custody of the child. 6. Father's counsel, Michelle Sommer, was consulted and concurs with the request for a continuance. 7. This matter was previously ruled upon by Judge Oler. WHEREFORE, Plaintiff/Petitioner, Tabitha Hedrick, respectfully requests this Honorable Court to grant her request and enter the attached Order. Date: Respectfully submitted, J a Adams, Esquire ( No.79465 6 South Pitt St. C rlisle, Pa. 17013 17) 245-8508 ATTORNEY FOR MOTHER TABITHA HEDRICK CERTIFICATE OF SERVICE AND NOW, this January 8, 2008, I, Jane Adams, Attorney for Plaintiff/Petitioner Tabitha Hedrick, hereby certify that a copy of Mother's MOTION has been duly served upon the Father's Counsel by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Michelle Sommer, Esquire 36 S. Hanover St. Carlisle, Pa. 17013 ATTORNEY FOR FATHER ? a Adams, Esquire 1. No. 79465 South Pitt St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER C7 ?v r_ a CID C Vii? TABITHA JENKINS, Plaintiff V. NEIL DETWEILER, Defendant JAN 0 8 2008 044 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 4372 Civil Term IN CUSTODY ORDER OF COURT AND NOW, this V b R7 day of Tz47, 2008, it is hereby ORDERED and DECREED that the hearing, which was scheduled for January 14, 2008 at 9:30 a.m. in Courtroom No. 1, is continued generally. cc: Jane Adams, Esquire Michelle Sommer, Esquire "of Its M'2 c &:r'C_ 4 ? f? C.J t",FC% O TABITHA JENKINS, Plaintiff V. NEIL DETWEILER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2006-4372 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY TO THE HONORABLE J. WESLEY OLER, JR., JUDGE OF SAID COURT: THIS MODIFICATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between TABITHA HED.RICK f/k/a, TABITHA JENKINS, (hereinafter referred to as "Mother") and NEIL DETWEILER, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of one child, namely ALEXIS LANEE DETWILER, born November 26, 2002 (hereinafter referred to as "Child"); and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Legal Custody: a. The parties will share joint legal custody of Alexis Lanee Detwiler. The parties agree that major decisions concerning their Child, including, but not necessarily limited to, the Child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a 2 harmonious policy in the Child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the Child. Each party agrees not to attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning their 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. 55309, 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. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the Child back in school, authorizing enrollment in college, authorizing their Child's driver's license or purchase of an automobile, authorizing employment, authorizing either Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Physical Custody: a. Prior to the Fall 2008 School Year 1. The Parties agree maintain the prior Court Order, dated September 15, 2006, in which they will share physical custody of the Child on a week on/week off basis with the exchange taking place on Fridays at 5:00 p.m. 3 b. During the School Year beginning Fall 2008 1. Primary physical custody of the Child shall begin with Father two (2) weeks prior to the start of the school year so as to give the Child time to adjust to the new schedule. 2. Mother shall have partial physical custody of the Child from Fridays after work until Monday morning. 1. Mother will pick-up the Child directly from the babysitter after work on Friday evenings and Mother will return the Child to the babysitter on Monday mornings so that she may catch the bus for school. a. It is agreed by both Mother and Father that if the parents are notified by the Childs' teachers at any point that the travel time on Monday morning is affecting her schooling, Custody will switch to a Sunday evening exchange in order to provide stability in the Child's life. 2. Mother will have custody of the Child for three (3) consecutive weekends. Father's period of custody will continue throughout the week and into the weekend during the fourth weekend. 3. It agreed that during Mother's periods of custody that if the Child has off from school on a Monday the Child will be allowed to remain with the Mother through Monday and Mother will return the Child to the babysitter on Tuesday mornings so that she may catch the bus for school. c. During the Summer 1. Mother and Father will share physical custody of the child on a 50%/50% basis beginning the week after the child is released from school. 4 1. Mother will have the first full week of custody after school is released and the parties will alternate from that point forward until two (2) weeks prior to the start of the new school year when primary physical custody will revert back to Father and Mother will have partial physical custody for three (3) consecutive weekends. d. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their Child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the Child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 3. Holidays: a. The parties will alternate the following holidays: 1. Easter, Thanksgiving, and Christmas. 1. Mother will have Easter and Christmas in 2008 and Father will have Thanksgiving in 2008 and it will alternate from that point forward. b. Mother's Day 1. Mother will have physical custody of the Child on Mother's Day. c. Father's Day 1. Father will have physical custody of the Child on Father's Day. d. All remaining holidays will be shared by agreement of the parties. e. The holiday schedule shall take precedence over the regular custody schedule. 4. Summer: a. During the summer months, each parent will be afforded at least a week 5 (seven consecutive days) of vacation with the Child, as long as he or she provides at least thirty (30) days notice to the other party of his or her selected weeks; as well as, the destination of the vacation and a number where the Child can be reached. 5. Telephone Contact: a. Each parent shall be entitled to reasonable telephone contact with the Child which shall not be excessive as well as daily contact via e-mail with the Child when in the custody of the other parent. 6. The parents shall organize ways for their Child to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may be in. It is also suggested that toys, clothes, etc. not become matters of contention. Major gifts should be discussed and coordinated between the parents. 7. The parents shall permit and support the Child's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. Each parent shall have the option of proposing time or date variations to the other parent when special recreational options or other unexpected opportunities arise. Each parent must confer with the other parent before arranging regularly occurring extracurricular activities for the Child which might interfere with regular visitation. 8. During any period of custody or visitation the parties to this Order shall not possess or use any controlled substance, nor shall they consume alcoholic beverages to the point of intoxication, nor smoke cigarettes inside the residence or vehicle. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 6 9. No Conflict Zone: a. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent. Communication should always take place directly between parents, without using the Child as an intermediary. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 10. 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, who has resided for at least the past six (G) months in Cumberland County, Pennsylvania. 11. 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. 12. 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. 7 WITNESSETH: DArTE TABITHA HEDRICB f/k/a, TAHITI-IA JENRINS 7; 141 Ul-.? c DATE EIL DE ILER COMMONWEALTH OF PENNSYLVANIA SS. @v (y) 6,40"n J- COUNTY OF day of rftma? , 2008, before me, the undersigned officer, On this ) tr personally appeared TABITHA HE CK, f/k/a, TABITHA JENIUNS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF P • SYLYAMA 140t" SW c Bm' liCM6 JJem Ad= My Commm Expires SMt, b i os TARY PUBLIC COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF eaMbZZLa day of 2008, before me, the undersigned officer, On this 141_6 personally appeared NEIL DETWEILER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L. Freeman, Notary Public Chambersburg Boro, Franklin County My Commission Expires Apr. 7, 2009 Member, Pennsvivania Association of Notaries 9 ,?, ??r ?? C` -r. _ c. ?? ?? ? .- .?. ,. _ ?; C'.a .-L3 ?3 ?? ?? C,.S .. Fy ?. .-,.? .3.i .. --? JAN 1 5 2008 m ?'/ t?'l TABITHA JENKINS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2006-4372 CIVIL TERM NEIL DETWEILER, CIVIL ACTION -LAW Defendant IN CUSTODY AND NOW this ?7 I day of ? ? n , 2008, the attached Custody Modification and Agreement is hereby made an Order of Court. BY THE COURT, Distribution: Jane Adams, Esquire Attorney for the Plaintiff 64 South Pitt Street Carlisle, PA 17013 V /Michelle L. Sommer, Esquire Attorney for the Defendant Abom & Kutulakis, L.L.P. 36 South Hanover Street Carlisle, PA, 17013 120p I e.s m?ELL ?i? ... w??.tt-'f` ?? t .n ?1 ? ? .fir- - u? 7.L ??s .. _ ? :-?