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HomeMy WebLinkAbout06-4738 ALICIA M. ALTIZER, Plaintiff VS. BRANDON L. ALTIZER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. as l 41'23Y Civil Term ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have 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 lannulment 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. Where the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. 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. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 ALICIA M. ALTIZER, Plaintiff vs. BRANDON L. ALTIZER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-/473P Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Alicia M. Altizer, a competent adult individual, who has resided at 1102 Pine Road, Carlisle, Cumberland County, Pennsylvania, 17015 since July 1, 2006. 2. Defendant is Brandon L. Altizer, a competent adult individual, who resides at 1838 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 26, 2005 in York County, South Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together, namely, Kayla Marie Altizer, date of birth, May 27, 2005. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. COUNT 11 - CUSTODY 11. Sections 1. - 10. are herein incorporated by reference. 12. The parties are the natural parents of Kayla Marie Altizer, date of birth, May 27, 2005. 13. The parties have been unable to enter a custody stipulation in writing. 14. A custody complaint is being filed contemporaneously with this complaint. WHEREFORE, Plaintiff prays this Honorable Court, to enter a custody Order regarding the child. Respectfully submitted, Date: G/ 1 7 0,& J Adams, Esquire v No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this 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. 8I is Ian cr., i i , Alice A Altizer, Plamti ? ? ?, ? o ? a `?? ? ?. ,?,; h ? ? ? \ ? ?. N \ 'mil o ? -ec: °y G m? mtg. c'? .n? ? t ...- n ?> ?, ? ?f_ S' <"s S ?? 7 C: .a N c;. , ti ALICIA M. ALTIZER, Plaintiff VS. BRANDON L. ALTIZER, Defendant 1. Plaintiff is Alicia M. Altizer, who currently resides at 1102 Pine Road, Carilsle, Cumberland County, Pennsylvania, 17015. 2. Defendant is Brandon L. Altizer, who currently resides at 1838 Rimer Highway, Shippensburg, Cumberland County, Pennsylvania,, 17257. 3. Plaintiff is the mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Kayla M. Altizer 5/27/05(l) 1102 Pine Rd. Carlisle, Pa. 17013 Mother and Father married on September 26, 2005. Mother currently has primary physical custody of the child. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Gi t, 4r\3 $ Civil Tenn ACTION IN DIVORCE CUSTODY COMPLAINT During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Brandon L. Altizer Alicia M. Altizer Alicia M. Altizer Jorme Miller and Robert W. Miller Maternal great-grandparents 1838 Ritner Highway Shippensburg,' Pa. 17257 1102 Pine Road Carlisle, Pa. 17013 birth - 7/1/06 7/1/06 - present The mother of the child is Alicia M. Altizer. She currently resides at 1102 Pine Road, Carlisle, Pa. 17013. She is rparried to Brandon L. Altizer. The father the child is Brandon L. Altizer. He currently resides at 1838 Rimer Highway, Shippensburg, Pa. 17257. He is married to Alicia M. Altizer. 4. The relationship of plaintiff to the children is that of Mother. The Plaintiff currently resides with her grandparents. 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 Euly 1.2006. Since that time, the mother 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: V// -)/D'(0 ane Adams, Esquire T.D. No. 79465 64 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.5. §4904 relating to unworn falsification to authorities. Date: 8)15)0(,# Ali is A Altizer, Plam? tiff N_ rn C N - O 30 ALICIA M. ALTIZER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06 - 4738 Civil Term BRANDON L. ALTIZER, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this August 29, 2006, I, Jane Adams, Esquire, hereby certify that on August 25, 2006, a certified true copy of the NOTICE TO DEFEND, DIVORCE COMPLAINT AND CUSTODY COMPLAINT were served, via certified mail, return receipt requested, addressed to: Brandon Altizer 1806 Ritner Highway Shippensburg, Pa. 17257 DEFENDANT ¦ compkw hems t, z and & Also mete Item 4 M Rsrktted Delivary is desksd. ¦ Print your nama and addrem on the reverse so that-we'*M return the card to you. ¦ Attach this bard to the beck of the mellplece, or on the from If space permits. 1. ArWe Addrered m: 2. Article Number A. X Nerrw) Q Apera D. Is delivery sddlese Moan ftm aem 1? U Yee if YES, wft d*,wy eddreee beiaw: ? No 3. Service Type [3 Oefflo Mali 0 BcUlp Men Receipt for Merdwdw ? Ngkaed men O c.o.D. 4. Restricted D*Ary? Pft ray 7•M-ta10. 'INAs, Esquire o. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF P -? tT r_t { _... ? f7] ? ? ?r ?? ? 'tJ •_ ?i ?rn -d w ALICIA M. ALTIZER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDON L. ALTIZER DEFENDANT 06-4738 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 22, 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 Thursday, September 21, 2006 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/ acgueUne M. Verney, Esq 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 1`' - 1 !'3!1o ZS :01 IN I - 83S 9002 Auvio i? .Lo --d EHI d0 *, _% SEP 6 2006 IN THE COURT OF COMMON ALICIA M. ALTIZER, PaAS_OE___? Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4738 CIVIL ACTION - LAW BRANDON L. ALTIZER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this I Uk day of p y? , 2006, upon consideration of the attached Custody Conci iation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. a , of the Cumberland County Court House, on the 74- day of Oft j &, ., 2006, at T y5 o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing, the Mother 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 following shall remain in effect: 3. The Mother, Alicia M. Altizer, and the Father, Brandon L. Altizer shall have shared legal custody of Kayla M. Altizer, born May 27, 2005. 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. T 4. The parties shall share physical custody of the child on the following schedule: A. Father shall have alternating weekends from Friday at 7:00 a.m. to Monday at 4:30 p.m. B. Father shall have physical custody of the child every Monday through Friday from 7:00 a.m. to 4:30 p.m. C. Mother shall have physical custody at all other times except as set forth hereinafter or otherwise agreed by the parties. 5. Holidays: A. Thanksgiving shall be divided into two blocks. Block A shall be from Thursday at 7:00 a.m. to Friday at 7:00 a.m. Block B shall be from Friday at 7:00 a.m. to Monday at 7:00 a.m. 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 even numbered years. B. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be shared as agreed by the parties. D. 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 agreed by the parties. E. Memorial Day, July 4th and Labor Day shall be alternated by the parties at times as agreed. Mother shall have Memorial Day in 2007 and the parties shall alternate these holidays thereafter. 6. Each party shall be entitled to two non-consecutive weeks during the year provided they give the other party at least 30 days prior notice. In the event that the child is to be taken from the jurisdiction, the custodial party shall provide a telephone number and location where the child may be located. 7. The parties may modify this Order by mutual consent, the terms of this Order shall control. B Edgar B. B cc c e darns, Esquire, counsel for Mother 7eslie Tomeo Esquire, counsel for Father In the absence of P.J. ALICIA M. ALTIZER, Plaintiff V. BRANDON L. ALTIZER, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4738 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 Kayla M. Altizer May 27, 2005 Mother 2. A Conciliation Conference was held September 22, 2006 with the following individuals in attendance: The Mother, Alicia M. Altizer, with her counsel, Jane Adams, Esquire, and the Father, Brandon L. Altizer, with his counsel, Leslie Tomeo, Esquire. 3. Mother's position on custody is as follows: Mother seeks shared legal and shared physical custody, with Father having alternating weekends, Friday morning to Monday afternoon, and every weekday from 7:00 a.m. to 4:30 p.m. This schedule fits into the parties work schedules and avoids the need for daycare. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody with the parties having a 3 day on/4 day off alternating schedule. Father objects to Mother's suggestion because it does not provide him with more than three overnights in a 14-day period. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, and shared physical custody on Mother's suggested schedule. It is expected that the Hearing will require one-half day. v q-.2,2 -eO A Date cq ine M. Verney, Esquire Custody Conciliator F, ALICIA M. ALTIZER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDON L. ALTIZER, DEFENDANT 06-4738 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2006, upon agreement of counsel, the hearing currently scheduled for December 27, 2006, is cancelled and rescheduled to Thursday, February 15, 2007, at 8:45 a.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, r Edgar B. Bayley, /ne Adams, Esquire For Plaintiff ?Karl Rominger, Esquire For Defendant sal A Ci- -- '-. r+ ALICIA M. ALTIZER, Plaintiff V. BRANDON L. ALTIZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 4738 CIVIL ACTION LAW IN CUSTODY MOTION FOR CONTINUANCE AND NOW comes the Plaintiff/Petitioner, Alicia M. Altizer, by and through her attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff is Alicia M. Altizer, (hereinafter referred to as "Mother"). 2. Defendant is Brandon L. Altizer, (hereinafter referred to as "Father"); he is represented by Karl Rominger, Esquire. 3. The parties are the natural parents of one child, namely, Kayla Marie Altizer, date of birth, May 27, 2005. 4. A custody conciliation was held on September 21, 2006, before Jacqueline Verney, Esquire. 5. A custody order was entered on October 10, 2006. 6. The parties have been operating under the prior Order since October 2006. Counsel for Mother is hopeful that the parties might be able to resolve this matter without a hearing. 7. Mother is requesting that the hearing scheduled before this Honorable Court be continued and that this matter be referred to the conciliator. 8. Opposing counsel, Karl Rominger, was contacted regarding this request and concurs in this request. WHEREFORE, Plaintiff, Alicia M. Altizer, respectfully requests that this Honorable Court grant her requested continuance and refer this matter to conciliation. Date: ? . ?? , Respectfully submitted, e Adams, Esquire . No. 79465 64 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER ALICIA M. ALTIZER A CERTIFICATE OF SERVICE AND NOW, this February 8, 2007, I, Jane Adams, Attorney for Mother, Alicia M. Altizer, hereby certify that a copy of Mother's MOTION FOR CONTINUANCE 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: Karl Rominger, Esquire 155 S. Hanover St. Carlisle, Pa. 17013 ATTORNEY FOR FATHER a&to_ e Adams, Esquire .D. No. 79465 64 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER r?j 1 cp t; i FEB 0 9 2007 P'B ALICIA M. ALTIZER, Plaintiff V. BRANDON L. ALTIZER, Defendant AND NOW, this t3 ORDERED and DECREED: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 4738 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT day of 11Z 2007, it is hereby 1. The hearing scheduled in the above-captioned matter in Courtroom No. 2, of the Cumberland County Courthouse, on February 15, 2007, shall be continued generally. 2. This matter shall be referred to the conciliator, who shall schedule a conciliation at the earliest possible date. 3. Pending further Order of Court, or mutual agreement of the parties, the prior Order of October 10, 2006 shall remain in effect. J. cc: Wane Adams, Esquire Xarl Rominger, Esquire G7 to cn ">- LEW Lai t i LL- C= APR 1 3 200 pr/ ?- ALICIA M. ALTIZER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4738 CIVIL ACTION - LAW BRANDON L. ALTIZER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated October 10, 2006 and February 13, 2007 are hereby vacated. 2. The Mother, Alicia M. Altizer, and the Father, Brandon L. Altizer shall have shared legal custody of Kayla M. Altizer, born May 27, 2005. 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. 3. The parties shall share physical custody of the child on the following schedule: A. Mother shall always have physical custody of the child on Wednesday from 6:30 p.m. to Saturday at 7:00 a.m. B. Father shall always have physical custody of the child on Monday from 7:00 a.m. to Wednesday at 6:30 p.m. C. The parties shall alternate weekends from Saturday at 7:00 a.m. to Monday at 7:00 a.m. 4. Holidays: A. Thanksgiving shall be divided into two blocks. Block A shall be from Thursday at 7:00 a.m. to Friday at 7:00 a.m. Block B shall be from Friday at 7:00 a.m. to Monday at 7:00 a.m. 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 even numbered years. B. Christmas shall be divided into two blocks. Block A shall be from 12:00 noon Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. C. Easter shall be shared as agreed by the parties. D. 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 agreed by the parties. E. Memorial Day, July 4`" and Labor Day shall be alternated by the parties at times as agreed. Mother shall have Memorial Day in 2007 and the parties shall alternate these holidays thereafter. 5. Each party shall be entitled to two non-consecutive weeks during the year provided they give the other party at least 30 days prior notice. In the event that the child is to be taken from the jurisdiction, the custodial party shall provide a telephone number and location where the child may be located. 6. The parties shall share transportation such that all exchanges shall be made at Joanne Miller's (maternal grandmother) home, on Pine Road in Mt Holly Springs, Pennsylvania. 7. This Order is entered pursuant to an agreement at a Custody Conciliation Conference. The parties may modify this Order by mutual consent./ the absence of mutual consent, the terms of this Order shall control. BY THE C Edgar B. Bayley, P.J. cc: Jane Adams, Esquire, counsel for Mother Michael Palermo, Esquire, counsel for Father ,cz,4 ?1- / ' 6 s ? 1 L L cv V ALICIA M. ALTIZER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4738 CIVIL ACTION - LAW BRANDON L. ALTIZER, Defendant : IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.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 Kayla M. Altizer May 27, 2005 shared 2. A Conciliation Conference was held April 12, 2007 with the following individuals in attendance: The Mother, Alicia M. Altizer, with her counsel, Jane Adams, Esquire, and the Father, Brandon L. Altizer, with his counsel, Michael Palermo, Esquire. 3. The Honorable Edgar B. Bayley previously entered Orders of Court dated October 10, 2006 and February 13, 2007 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form as attached. q-1 3 -07 Date ac eline M. Verney, Esquire Custody Conciliator ALICIA M. ALTIZER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 06 - 4738 Civil Term BRANDON L. ALTIZER, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 17, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. the decree. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. Date: 10 - 2 3-09- Brandon . Alt' Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 63301(4) OF THE DIVORCE CODE 1. I consent to 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. 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: 0,-23.0 a- do L Al ' fendant ? ? ? ?? ?? i ` ? ? ? ? ; f- i 1J ? 1....1 Y?? .. ? t " ? i ? C: CJ ? ALICIA M. ALTIZER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06 - 4738 Civil Term BRANDON L. ALTIZER, Defendant 2006. ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on August 17, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to-authorities. Date: 10 • a3 1 is a M. Altizer, Plai iff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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. 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: ((). 2,'2 Wi6il M. Altizer, Plainti r-la ALICIA M. ALTIZER, Plaintiff vs. BRANDON L. ALTIZER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 06 - 4738 Civil Term : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please 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) of the Divorce Code. 2. Date and manner of the service of the Complaint: Certified mail, restricted delivery, return receipt requested, received on August 25, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: October 23, 2007 By Defendant: October 23, 2007 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 25, 2007 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 25, 2007 Date: `D ov 6 -) Respectfully Submi ed: e Adams, Esquire I . No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff f 1 (' .,..R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Alicia M. Altizer, Plaintiff No. 06 - 4738 Civil Term No. VERSUS Brandon L. Altizer, Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND Alicia M. Altizer DECREED THAT Brandon L. Altizer AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, 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; None. BY TH&r-OURT: ATTEST: J PROTHONOTARY 40 /V , v Ac - al ,vw ALICIA M. ALTIZER, IN THE COURT OF COMMON PLEAS c7 Plaintiff CUMBERLAND COUNTY, PENNSYLVANfa _ `-' ' - V. _ NO. 2006-473 81 CIVIL TERM 1 BRANDON L. ALTIZER, CIVIL ACTIOT? -LAW Defendant IN CUSTODY' -'t rv AND NOW, comes Brandon L. Altizer, by anal through his counsel, Karl E. Rominger, Esquire, and in support of his Petition, avers as followsk 1. Petitioner is Brandon L. Altizer, v ho resides at 1838 Ritner Highway, Shippensburg, Pennsylvania 17257. 2. Respondent is Alicia M. Altizer, wh? resides at 1102 Pine Road, Carlisle, Pennsylvania 17013. COUNT MODIFY CUSTODY ORDER 3. On April 17, 2007, the Honorable Edgir B. Bayley entered an Order of Court, attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) The child has reached school age and *hool begins this coming fall. Mother is unilaterally enrolling the child in a school of her choice against the wishes of father, and over his objection. b) Father is better able than Mother to act 4s primary custodian, and the same is now in the child's best interest. ? ?x# -7 ot// t A1,M31e 5. The best interest of the child will be served by the Court modifying said Order. WHEREFORE, Plaintiff prays this Court to grant the modification of the Court Order of April 17, 2001, as follows: Petitioner is granted prim?ry physical custody of Kayla M. Altizer, with, Mother having periods of partial custody. COUNT II 6. Mother is in contempt of the previous a. Mother is unilaterally making b. Mother has changed the without consulting father or 7. Father is entitled to an Order restraining Mother, as well as a finding of contempt. 8. Father is owed counsel fees for this contempt petition. WHEREFORE, Petitioner requests that this I onorable Court find the Respondent in contempt of a Court Order and grant all proper andl just relief, including make-up time and r attorney fees regarding this Petition. Re pectfully submitted, ROninger & Associates Date: Order as follows: decisions. care physician and insurance information informing him. KAI E. Rominger, Esquire 15 South Hanover Street C lisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Att rney for Defendant ALICIA M. ALTIZER, IN THE COUNT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-473 CIVIL TERM BRANDON L. ALTIZER, CIVIL ACTION - LAW Defendant IN CUSTODY VERIFICATI N I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements her?in are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: y-J?"? ALICIA M. ALTIZER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-473 CIVIL TERM i BRANDON L. ALTIZER, CIVIL ACTIO - LAW Defendant IN CUSTODY I, Karl E. Rominger, Esquire, attorney for served a copy of the Petition to Modify and Contempt the United States Mail, first class postage prepaid, follows: Date: l? itioner, do hereby certify that I this day lupon the following by depositing same in at Carlisle, Pennsylvania, addressed as Jane Adams, Es ire 17 West South eet Carlisle, PA 17t3 Respectfully submitted, R minger & Associates K E. Rominger, Esquire 15 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Su reme Court ID # 81924 Attmey for Defendant 1 APR 13 2007 p0V ALICIA M. ALTIZER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-038 CIVIL ACTION - LAW BRANDON L. ALTIZER, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Orders of Court dated October 10, 2006 and February 13, 2007 are hereby vacated. 2. The Mother, Alicia M. Altizer, and have shared legal custody of Kayla M. Altizer, bo have an equal right, to be exercised jointly with tb emergency decisions affecting the Child's general to, all decisions regarding her health, education ar Pa.C.S. §5309, each parent shall be entitled to all the child including, but not limited to medical, de residence address of the child and the other parem possession of any such records or information, tla same, or copies thereof, with the other parent witt records and information of reasonable use to the c entitled to full participation in all educational and and evaluations with regard to the minor child. E complete information from any physician, dentist reports given to them as parents including, but no certificates, school or educational attendance recc parent shall be entitled to receive copies of any nc regard to school pictures, extracurricular activitie presentations, back-to-school nights, and the like. the Father, Brandon L. Altizer shall n May 27, 2005. Each parent shall other parent, to make all major non- well-being including, but not limited d religion. Pursuant to the terms of 23 records and information pertaining to ital, religious or school records, the . To the extent one parent has t parent shall be required to share the in such reasonable time as to make the ther parent. Both parents shall be medical/treatment planning meetings tch parent shall be entitled to full and teacher or authority and copies of any limited to: medical records, birth rds or report cards. Additionally, each ,tices which come from school with ,, children's parties, musical 3. The parties shall share physical custody of the child on the following schedule: A. Mother shall always have physical cu?tody of the child on Wednesday from 6:30 p.m. to Saturday at 7:00 a.m. r I 10?& A. B C. D. E. B. Father shall always have physical custody of the child on Monday from 7:00 a.m. to Wednesday at 6:30 p.m. C. The parties shall alternate weekends from Saturday at 7:00 a.m. to Monday at 7:00 a.m. 4. Holidays: Thanksgiving shall be divided into two Thursday at 7:00 am. to Friday at 7:00 7:00 a.m. to Monday at 7:00 a.m. Fath, numbered years and Block B in odd nu Block A in odd numbered years and BI, Christmas shall be divided into two blo Christmas Eve to 12:00 noon on Christi Christmas Day at 12:00 noon to Decem have Block A in even numbered years a Father shall have Block A in odd numb numbered years. Easter shall be shared as agreed by the 1 Mother shall have physical custody of f shall have physical custody of the child by the parties. Memorial Day, July 4s' and Labor Day times as agreed. Mother shall have Mel shall alternate these holidays thereafter. ocks. Block A shall be from m. Block B shall be from Friday at shall have Block A in even xred years. Mother shall have k B in even numbered years. s. Block A shall be from 12:00 noon is Day. Block B shall be from r 26 at 12:00 noon. Mother shall i Block B in odd numbered years. ;d years and Block B in even child on Mother's Day and Father . Father's Day, both at times agreed be alternated by the parties at a Day in 2007 and the parties 5. Each party shall be entitled to two non-consecutive weeks during the year provided they give the other party at least 30 days p 'or notice. In the event that the child is to be taken from the jurisdiction, the custodial party shall provide a telephone number and location where the child may be located. 6. The parties shall share transportation such that all exchanges shall be made at Joanne Miller's (maternal grandmother) home, on Pine Road in Mt Holly Springs, Pennsylvania. 7. This Order is entered pursuant to an agreement at a Custody Conciliation Conference. The parties may modify this Order by teal consent. the absence of mutual consent, the terms of this Order shall control. ?-? BY Bayley, P.J. Edgar I. cc: Jane Adams, Esquire, counsel for Mother Michael Palermo, Esquire, counsel for Father 7 - h 7 f ALICIA M. ALTIZER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BRANDON L. ALTIZER 2006-4738 CIVIL ACTION LAW IN CUSTODY DF,FF:NI)ANT ORDER OF COURT AND NOW, _ Wednesday, April 14, 2010 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, May 06, 2010 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. 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 FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. /? •'?, O e m04 C.'umberland County Bar Association O QiOM A ?. T't 32 South Bedford Street F, V Carlisle, Pennsylvania 17013 C?7 Ma??1 ec? "?-rb -f J4• 1c) A) (Zlrt? ?• Telephone (717) 249-3 166 as.-.m Lt • I y • t (?`? ?lap-ca in (-Vrkj ALICIA M. ALTIZER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~'• : N0.2006-4738 CIVIL ACTION -LAW BRANDON L. ALTIZER, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ~ day of , 2010, upon consideration of the attached Custody Concil' ion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court oo No. .S , of the Cumberland County Court House, on the /~ day of , 2010, at /.' 3 ~ o'clock, ~. M., at which time testimony will a tak n. For 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 five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated April 17, 2007 shall remain in effect: 3. The parties may modify this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, C'- N C~ ~J -n ,~~ ~ t ~ o ~ = ;,' '~cc: Michael O. Palermo, Jr., counsel for Father - r c`- a= °' ` 4 ~'~; ~ Jane Adams,, Esquire, counsel for Mother =~ ~: ~ ~' c: ~ -G ~ ~7 ALICIA M. ALTIZER, Plaintiff v. BRANDON L. ALTIZER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2006-4738 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Edgar B. Bayley, P.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 Kayla M. Altizer May 27, 2005 shared 1. A Conciliation Conference was held June 3, 2010 with the following individuals in attendance: The Father, Brandon L. Altizer, with his counsel, Michael Palermo, Esquire, and the Mother, Alicia M. Altizer, with her counsel, Jane Adams, Esquire. 2. The Honorable Edgar B. Bayley previously entered an Order of Court dated April 17, 2007 providing for shared legal and shared physical custody. 3. Father's position on custody is: Father seeks to maintain the status quo, but wishes to enroll the child into the Big Spring School District where he resides. Father asserts that Mother is in contempt of the prior Order in that she unilaterally enrolled the child in Carlisle schools and changed the child's primary care physician. 4. Mother's position on custody is: Mother seeks to maintain the status quo, but wishes to enroll the child into the Carlisle School District where she lives. Mother claims she has 4 more overnights per month than Father. She denies enrolling the child in school and she asserts that she had Father's approval to change the child's primary care physician. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. The Conciliator does find that Mother is not in Contempt of the prior Order. It is expected that the Hearing will require one-half day. Cp ~ /'lD Date M-V cq line M. Verney, Esquire Custody Conciliator Custod -~' -~"'~ Y Conciliation Refe rral tracking; pocket Number: pate Referred to Jud ~ ~~ ge: pate of Iudge Hearing: Heal-fig held? YRS or Np If ygS result ofhearing Length of Hearing; ~--_ If Np why ~,as hearing nor held: ~_ Please note that r made _ • eschedules PLEgSgust change the Judg Hearing date s should not be submitte BTU d until a final decision is RN Tp CpUR"=MIIV +- ALICIA M. ALTIZER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA v. ca ...~ BRANDON L. ALTIZER, ~~ DEFENDANT 06-4738 CIVIL TERM MEMORANDUM OPINION AND ORDER OF COURT ~~ -' Masland, J., August 11, 2010:-- - -~- ..~.~ _ , :~ ~ -: Before the court is the petition of father, Brandon L. Altizer for modification ~ " of the custody of the minor child, Kayla M. Altizer, born May 27, 2005. The Honorable Edgar B. Bayley issued an order of court dated April 17, 2007, providing for shared legal and shared physical custody of the child. This hearing was prompted by the fact that Kayla is now of school age and both parents desire to enroll her in their respective school districts. At a hearing on July 14, 2010, the court heard testimony from the parents and from Barbara Wiser, paternal grandmother, and Jonne Miller, maternal great grandmother. At the conclusion of the hearing, the parties were directed to provide the court with a proposed custody schedule, which provided for the partial custody rights of the other parent. DISCUSSION As the court noted at the conclusion of the hearing, the court is not faced with a choice between the lesser of two evils. To the contrary, both parents are caring, concerned and cooperative. As such, the choice is between the greater of two goods. 06-4738 CIVIL TERM With respect to their ability to cooperate, neither parent engaged in all out warfare at the hearing. To be sure, there were allegations of puffy eyes, sinus infections and diarrhea. Additionally, while mother alluded to father's living arrangements, involving a noisy garage, abandoned vehicles and a slew of dogs, father alluded to the potential chaos at mother's home wherein multiple kids, cats and horses (and, no doubt, bacteria) reside. The court notes, that neither home is perfect but the modest amounts of dirt and dust kicked up in either location will cause Kayla no harm. Because the parties are on near equal footing in the most important categories of love and affection for Kayla, the court declines to issue a series of negative findings that could affect the ability of the parties to cooperate in the future. Rather, the court will summarize the positive factors which impact Kayla's best interest. Ultimately, the court finds that it is in the Kayla's best interest to reside primarily with mother during the school year. Mother earned the edge in this regard because she has demonstrated not only her long-term ability to nurture Kayla, but has also shown more initiative with respect to "administrative" matters. For instance, mother reached out fo both school districts to get the facts necessary to make a wise decision. Furthermore, she demonstrated greater command of the medical and health care issues relating to Kayla and a willingness to communicate both those issues and educational issues with father. Admittedly, mother has often communicated with paternal grandmother in lieu of father. Although mother may feel more at ease talking to the paternal -2- 06-4738 CIVIL TERM grandmother, the court encourages the parties to maintain as much direct communication between one another as possible. Finally, we note that Kayla has significant bonds with her half-sisters, Brooklyn and Abigail, and with Jakyla and Alicia, the children of Zachary Behrens (her step-father as of July 24, 2010). Maintaining and nurturing these relationships is in Kayla's best interest and can best be accomplished by awarding primary physical custody to mother. Accordingly, the court enters the following order: ORDER OF COURT AND NOW, this day of August, 2010, upon consideration of father's petition for modification of custody, the evidence presented by both parties at a hearing on this matter and the arguments of counsel, IT IS HEREBY ORDERED as follows: 1. Legal Custody: Mother and Father shall share joint legal custody of Kayla M. Altizer, born May 27, 2005. Mother and Father agree that major decisions concerning Kayla, including, but not necessarily limited to, Kayla's health, welfare, education, religious training and upbringing shall be made jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Kayla's best interest. Mother and Father agree not to impair the other party's rights to shared legal custody of Kayla. Mother and Father agree not to attempt to alienate Kayla's affections from the other party. Each party shall notify the other of any activity or circumstance concerning Kayla that could reasonably be expected to be of -3- 06-4738 CIVIL TERM concern to the other. Day-to-day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decision which must be made, the party having physical custody of Kayla at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with the other as soon as possible. In accordance with 23 Pa.C.S.A. § 5309, 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 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 Kayla back in school, authorizing enrollment in college, authorizing Kayla's driver's license or purchase of an automobile, authorizing employment, authorizing Kayla's marriage or enlistment in the armed forced, approving petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Mother shall have primary physical custody of the child. Father shall have periods of partial physical custody of the child as follows: a. During the school year: i. Father will have Kayla every Thursday after school through Friday morning. It shall be father's responsibility to ensure Kayla is transported to school on Friday morning. -4- 06-4738 CIVIL TERM ii. Father will have Kayla on three weekends per month commencing at 5:30 p.m. on Saturday until Monday morning at which time he will transport Kayla to school. These weekends need not be consecutive and the parties are encouraged to be flexible in their implementation. iii. If Kayla does not have school on a Monday following father's weekend time period, he shall retain custody of Kayla until Tuesday morning at which time he shall transport her to school. iv. Father shall have additional periods of time subject to mutual agreement of the parties. b. Summer vacation: i. During the summer, the parties shall alternate custody of Kayla on a week on/week off basis. The father's week will begin on the Sunday after the last day of school with exchanges taking place every Sunday thereafter at mutually agreed upon times. ii. If either party desires to have Kayla for an extended vacation, lasting more than one week, they shall request that prior to the start of summer and the request shall not be unreasonably denied. -5- + 06-4738 CIVIL TERM iii. The parties shall share custody of Kayla during the winter break from school to ensure that both parties are able to spend additional time with Kayla. 3. Holidavs: c. Mother and father shall alternate custody of Kayla for the Holidays of Memorial Day, July 4th, and Labor Day. d. Thanksgiving: Even numbered years father shall have custody of Kayla from 8:00 a.m. until 8:00 p.m. on the Thanksgiving Holiday. Odd numbered years mother shall have custody of Kayla from 8:00 a.m. until 8:00 p.m. on the Thanksgiving Holiday. e. Christmas: Odd numbered years father shall have custody of Kayla from Christmas Eve at noon until December 26 at noon. Even numbered years mother shall have custody of Kayla from Christmas Eve at noon until December 26 at noon. f. Easter: Even numbered years father shall have custody of Kayla from 8:00 a.m. until 8:00 p.m. on the Easter Holiday. Odd numbered years mother shall have custody of Kayla from 8:00 a.m. until 8:00 p.m. on the Easter Holiday. g. Mother's Day: Mother shall always have custody of Kayla from 8:00 a.m. until 8:00 p.m. on Mother's Day. h. Father's Day: Father shall always have custody of Kayla from 8:00 a.m. until 8:00 p.m. on Father's Day. -6- • 06-4738 CIVIL TERM i. The holiday schedule outlined above will take precedence over the regular custody schedule. All other holidays not outlined above are subject to the regular custody schedule or other agreement of the parties. By the Court Albert H. Masland, J. / Jane Adams, Esquire For Plaintiff / Vincent Monfredo, Esquire For Defendant sal L~D~ i e5 Ma„ ~~ ~l ~j/!d ~G -7- ?LD-tFIC 10F THE PROINONOTARY 2U 10 SP 21 P.11 3: 41, "UMBE'RLAM, i C0UNT;' "F= ° 711-S ` UY/A'I I A ALICIA M. ALTIZER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4738 CIVIL TERM BRANDON L. ALTIZER, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Brandon L. Altizer, by and through his counsel, Karl E. Rominger, Esquire, and in support of his Petition, avers as follows: 1. Petitioner is Brandon L. Altizer, who resides at 1838 Ritner Highway, Shippensburg, Pennsylvania 17257. 2. Respondent is Alicia M. Altizer, who resides at 1102 Pine Road, Carlisle, Pennsylvania 17013. 3. On August 11, 2010, the Honorable M. L. Ebert, Jr. entered an Order of Court, attached as Exhibit "A". 4. Since the entry of said Order, there has been a significant change in circumstances in that: a) Father is off of work on Monday's and it would work better for his schedule to have the child until Tuesday morning. 5. The best interest of the child will be served by the Court modifying said Order. >0 -00,00,r.4 a 7f 4151e1_>S' )etlo ?0 )I- WHEREFORE, Petitioner prays this Court to grant the modification of the Court Order of August 11, 2010, giving Father and Mother joint physical custody of the minor child. Respectfully submitted, Rominger & Associates Date: Karl E -Kominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant ALICIA M. ALTIZER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-4738 CIVIL TERM BRANDON L. ALTIZER, CIVIL ACTION -LAW Defendant IN CUSTODY VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition 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: "t 1 Q. ran L. izer, Defendant ALICIA M. ALTIZER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4738 CIVIL TERM BRANDON L. ALTIZER, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the Petition to Modify upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 Date.!??PA. 'D ? I c, Respectfully submitted, Rominger & Associates Karl E. minger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant ALICIA M. ALTIZER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-4738 CIVIL ACTION LAW BRANDON L. ALTIZER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 24, 2010 , 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 Monday, October 18, 2010 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. 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 io 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 T HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. f..., Cumberland County Bar Association 32 South Bedford Street n i 17013 l P l li C P van ar s ennsy a e, C.? mbl - K .?Mt, y - ? c -J Telephone (717) 249-3166 L.G j P" L, y - A4 `- ; = AC) .. y -4O A .V???E CJ err