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Home My WebLink About06-5178Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY JESSICA A. PFUHL, Defendant NO. OG ' S11 J' Cu?* _1?' CUSTODY COMPLAINT The Plaintiff is Jeremy T. Maher (hereinafter referred to as "Father"), who currently resides at 20 North Twelfth Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Jessica A. Pfuhl (hereinafter referred to as "Mother"), who currently resides at 108 Fieldstone Avenue, Johnstown, Cambria County, Pennsylvania 15904. 3. Plaintiff seeks to share legal and physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Taylor M. Maher 20 North Twelfth Street 9/15/2001 Lemoyne, PA 17043 and 108 Fieldstone Avenue Johnstown, PA 15904 4. The parents currently have a week on week off physical custody arrangement. 5. During the past five years the child has resided with the following persons at the following addresses: DATES 1/2002 to 2/2002 Roth Village 61 Village Court Mechanicsburg, PA 17055 IN HOUSEHOLD Father, Mother, Child 3/2002 to 9/2002 Father: 9/2002 to 8/2003 5020 East Trindle Road Mechanicsburg, PA 17055 4800 Charles Road, #F Mechanicsburg, PA 17050 Father, Mother, Uncle Chris, Child Father and Child 9/2003 to 10/2005 209 Reily Street Father, Uncle Chris, Harrisburg, PA Aunt Kelly, Child *Note Mother moved in 10/2004 11/2005 to 4/2006 7 Crescent Drive Father, Mother and New Cumberland, PA 17070 Child 4/2006 to Present 20 North Twelfth Street Father, Father's Father, Lemoyne, PA 17043 Father's Mother and Child Mother: 9/2002 to 1/2003 619 Robert Street Mother,Mother'sFather, Mechanicsburg, PA 17055 Mother's Father's girl- friend and Child 1/2003 to 4/2003 Unknown Apartment Mother and Child Mechanicsburg, PA 17055 4/2003 to 10/2004 619 Robert Street Mother, Mother's Father, Mechanicsburg, PA 17055 Mother's Father's girl- friend and Child 10/2004 to 10/2005 209 Reily Street Father, Mother, Harrisburg, PA Uncle Chris,AuntKelly, and Child 11/2005 to 4/2006 7 Crescent Drive Father, Mother and New Cumberland, PA 17070 Child 2 4/2006 to Present 108 Fieldstone Avenue Mother Johnstown, PA 15904 Mother's Mother, Mother's Grandmother and Child There was a very short period of time when Mother lived with her Mother and two (2) brothers but the Plaintiff is unaware of the date and address. 6. The Father of the child is Jeremy T. Maher, currently residing at 20 North Twelfth Street, Lemoyne, Cumberland County, Pennsylvania 17043. 7. The Mother of the child is Jessica A. Pfuhl, currently residing at 108 Fieldstone Avenue, Johnstown, Cambria County, Pennsylvania 15904. The parties were never married to each other. 8. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME Ronald L. Maher Lezli Maher Taylor M. Maher RELATIONSHIP Father Mother Child 3 9. The relationship of the Defendant to the child is Mother. The Defendant currently resides with the following persons: NAME Lynn Pfuhl Taylor M. Maher RELATIONSHIP Mother Grandmother Child 10. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 11. The Plaintiffhas no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. The parties have been successful in the past in creating a parenting plan for their child. In April 2006, Mother had desired to relocate on a temporary basis to live with her relatives prior to the child's commencement of school in August 2007. Father agreed to work with Mother to adjust their custodial schedule to accommodate Mother's request provided the child returns prior to the commencement of kindergarten. The parties drafted and executed a 4 shared Custody Agreement, which Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Some problems have developed in implementation of the agreement. Other issues had not been addressed in the agreement that includes holidays, vacations, and transportation requirements. Father files this action so that the parties' agreement can become an order of court for enforcement. Father also desires to establish a more structured agreement for exchange times, transportation and holidays. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant legal and primary physical custody of the child to the Plaintiff. DATE: September 6, 2006 1%--?V Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 JURAT WITH AFFIANT STATEMENT State of &n 4 5 HIvatt G / ss. County of ZA-µOH/n LSee Attached Document (Notary to cross out lines 1-8 below) 0 See Statement Below (Lines 1-7 to be completed only by document signer(s], not Notary) 3 5_._----------------.--- of Dowrent Sigm No. 1 D 8110 f ECM2 S!Y4 SEAL y.PUb1e w,, murowrlomm EVdm Fab 3,2 00/ Ple Notary SN Ab ove SWiftm of Dogmix,l Sipfor No. 2 (M any) Subscribed and swom to (or affirmed) before me this o%I ST day of /VRtL Defe Momh ?ooG by veer (1) Name of 9181w1 (2).; No orssiriw(e) f - SW" of Nmry P&k OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Top M thumb here Top of thumb here fraudulent removal and reattachment of this form to another document. Further Description of Any /Attached Document Title or Type of Document: ,gzjtC "Py A:,,rtneeT Document Date: `C' aI -O (e Number of Pages: d Signer(s) Other Than Named Above: '02002 NMionel Nobly Aewtiatbn • 8350 De Soto Ave., P.O. Boa 2102 • Chatlrao8h, CA 81313-2404 • Pmo. No. 5824 • FlwN .. Call Tw Fr 1-800-876-SW April 21, 2006 I, Jessica A. Pfuhl, maternal mother of Taylor M. Maher, will be assuming residence in Johnstown, PA, on or about the 23nd day of April 2006. I Jeremy T. Maher, paternal father of Taylor M. Maher, acknowledge that I am aware that Jessica A. Pfuhl will assume residence in Johnstown, Pa, on or about the 23rd day of April 2006. Together as biological parents, I, Jessica A. Kuhl and I Jeremy T. Maher, agree to continue shared physical and legal custody of the minor child Taylor M. Maher. Visitation will be alternated weekly between the two parents, with Taylor beginning residence with Jessica in Johnstown, Pa on or about the 23rd day April 2006. Custody will be exchanged to Jeremy on Sunday, April 30, 2006 and returned to Jessica on Sunday, May 2"d, 2006, at times so determined by the parents. The schedule of custoday will so continue as demonstrated above for the time here before that Taylor M. Maher will begin elementary school. I, Jessica A. Pfuhl, agree that I shall return my residence in the Central Pennsylvania Area, before such time as Taylor is to begin kindergarten, prior to the second half of the month of August, in the year 2007. I, Jeremy T. Maher am satisfied with the agreement, that Jessica shall return residence to the Central Pennsylvania Area, prior to the second half of the month of August, in the year 2007. I also acknowledge that if this move shall cause Jessica any extenuating circumstances, that I will to the best of my ability help her to create an equal standard of living upon return to the area. In, the matter of child support, I Jeremy T. Maher, agree to pay Jessica A. Pfuhl, in a bi- weekly manner the amount of $150.00 for a total of $300.00 per month. I, Jessica A. Pfuhl, accept this amount and agree that it shall remain unaltered, at least until after, the second half of august in the year 2007. Jessica HUM Jeremy T. Maher 108 Fieldstone Avenue 7 Crescent Drive Johnstown, Pa 15904 New Cumberland, Pa 17070 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY JESSICA A. PFUHL, Defendant : NO. VERIFICATION I, JEREMY T. MAHER, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: September 2006 re T aher 11`1^??\\) _`V CA vJ O C7 <77 N C? CTS Cn I"`l 0 1 Ql T N t G3 Q T Y m m v? ,qtr ern -G r- JEREMY T. MAHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA A. PFUHL DEFENDANT 06-5178 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 13, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at MDJ Manlove, 1901 State St., Cam Hill, PA 17011 on Friday, October 13, 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: /s1 Melissa P. Greevy; Esq. I)vn 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 ???? ?£?y -'??' " ? 1 ? v`,r t 1.1 fit: ?'.? r ? , r? *. . . 6 _ l2 , . . _.. ? i? _... ?.1 i r? - ?i? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-5178 JESSICA A. PFUHL, CIVIL ACTION -LAW Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. Petitioner is Plaintiff, Jeremy T. Maher (hereinafter referred to as "Father"), who currently resides at 20 North Twelfth Street, Lemoyne, and Cumberland County, Pennsylvania 17043. 2. Respondent is Defendant, Jessica A. Pfuhl (hereinafter referred to as "Mother"), who currently resides at 108 Fieldstone Avenue, Johnstown, and Cambria County, Pennsylvania 15904. 3. Petitioner and Respondent are the natural parents of Taylor M. Maher (born September 15, 2001). 4. The parties presently have no existing court order and have been handling custody by agreement of the parties. 5. An issue arose in April, 2006 regarding a request by Respondent to temporarily leave Cumberland County and reside with her mother in Johnstown, Pennsylvania. The parties signed an agreement to effectuate a shared equal custody arrangement until Mother returned with 1 the child in August, 2007. A copy of the Agreement is attached hereto as Exhibit "A." 6. The Agreement provided for an alternating week schedule of custody with exchanges to occur each Sunday. The agreement is not specific concerning the time and place of the exchange but exchanges had been occurring in Breezewood, Pennsylvania at mutually agreed upon times. 7. There has been increasing difficulty in effectuating the exchange with the Respondent. Prior to the exchange which would have allowed Petitioner his custodial period commencing on Sunday, September 3, 2006, Respondent denied access to the child by the Petitioner. Custody could not be commenced until Tuesday, September 5, 2006 after extensive negotiations with Respondent. Petitioner traveled all the way to Johnstown to pick up the child. 8. After his custodial week, Petitioner returned the child to Respondent on Sunday, September 10, 2006. This occurred despite the fact that Petitioner lost two (2) days of custody during that custodial period due to Respondent's failure to deliver the child on the prior Sunday. 9. At the conclusion of those difficulties, Petitioner filed a Custody Complaint in Cumberland County on September 6, 2006 seeking to confirm the schedule agreed to by the parties and to set more specific exchange arrangements, definition of holidays, and vacation time periods. The Complaint was forwarded to Respondent with the attached letter and sent by certified mail restricted delivery. The service letter to date has gone unclaimed. A copy of the service letter and Complaint (without attachments) are attached hereto as Exhibit "B." 2 10. Respondent was aware of the filing of the complaint through communication with Petitioner and his family. 11. Petitioner was to commence his next weekly custodial period on Sunday, September 17, 2006. Petitioner was eager for the visit because the child's birthday was Friday and a party was planned. 12. When Petitioner contacted Respondent so that he could arrange pick up of his child, Respondent advised him that she would not be giving her back until the custody hearing. 13. After discussion, Respondent then indicated that she lacked the funds to arrange the exchange at Breezewood. She asked Petitioner to come to her home to pick up the child. In lieu thereof, Petitioner offered to go to Western Union and sent her $25.00 for gas and $5.00 for tolls and meet in Breezewood. 14. Petitioner declined and said that she would not release the child. She then indicated that she would not release the child until Petitioner paid her all of her October support. The payment was not due for two more weeks and Petitioner believed that this was extortion. 15. Petitioner's counsel placed a call to Respondent in the hopes of arranging an exchange but Respondent indicated that she would not agree to allow the exchange. 16. The Custody Conciliation is scheduled before Conciliator Melissa Greevy for October 13, 2006 at 8:30 a.m. 17. Petitioner believes that without court intervention, he will go the entire month without contact with his daughter which will be detrimental to the child. 18. Prior to her move, the child had resided in Central Pennsylvania. As indicated in the Complaint, Petitioner has always had at least shared, equal custody of the child, as well as brief periods of primary custody. 19. Petitioner asks that the status quo be enforced and that the parties continue on a shared equal schedule, with exchanges on Sunday at a mid-day visit. 20. Petitioner asks the court to set an interim order allowing him to have immediate custody of his daughter and requiring the parties to alternate the child weekly until further order of court. WHEREFORE, Petitioner requests that Respondent immediately return the child to Petitioner and the Court enter a more structured order for the parties to follow that includes holidays, vacations and transportation requirements. Dated: September 19, 2006 Barbara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 EXHIBIT "A" JURAT WITH AFFIANT STATEMENT ns State of ss. -PAn-ok "I County of 2!rS- es Attached Document (Notary to cross out tines 1-8 below) O See Statement Below (Lines 1-7 to be completed only by document signer(s), not Notary) 5 ----------------- 7 ------------- v Sigrutb" of DouvreW Signer No. 1 NOVWJk SEAL CYNMADWYAN Notary-pubrc Sr8WrlWl1WP, DAIUPPWCOUNnr MV carrunisaon lab 3,2= place Notary seat Above Signaaae of D= mwW Signor tt x 2 (ff erry) Subscribed and sworn to (or affirmed) before me this day of /MR E- DWe Uofgh em .2 -CC ?' fy Year (1) flame of (Z) r Name of Signer(s) of Notary Pubic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Tide or Type of Document S/ ,- ^e j `'`ks7t;ptz ' n e,/ Document Date: T" o- l ?G Number of Pages: Signer(s) Other Than Named Above: Top of thumb here 1D 2DC2 NWk nal Notary Assodatfon - 9350 De Soto Avis., P.O. Sox 2402 - Chat . CA 9T379-24D4 - Prod No. 5924 - Peonler. Call Top.Fme 14*D$76.9W April 21, 2006 I, Jessica A. Pfuhl, maternal mother of Taylor M. Maher, will be assuming residence in Johnstown, PA, on or about the 23°' day of April 2006. I Jeremy T. Maher, paternal father of Taylor M. Maher, acknowledge that I am aware that Jessica A. Kahl will assume residence in Johnstown, Pa, on or about the 23r' day of April 2006. Together as biological parents, I, Jessica A. HUN and I Jeremy T. Maher, agree to continue shared physical and legal custody of the minor-child Taylor M. Maher. Visitation will be alternated weekly between the two parents, with Taylor beginning residence with Jessica in Johnstown, Pa on or about the 231d day April 2006. Custody will be exchanged to Jeremy on Sunday, April 30, 2006 and returned to Jessica on Sunday, May 2nd, 2006, at times so determined by the parents. The schedule of custoday will so continue as demonstrated above for the time here before that Taylor M. Maher will begin elementary school. L Jessica A. Pfuhl, agree that I shall return my residence in the Central Pennsylvania Area, before such time as Taylor is to begin kindergarten, prior to the second half of the ist, in the year 2007. month of Au m I, Jeremy T. Maher am satisfied with the agreement, that Jessica shall return residence to the Central Pennsylvania Area, prior to the second half of the month of Auaaust, in the year 2007. I also acknowledge that if this move shall cause Jessica any extenuating circumstances, that I will to the best of my ability help her to create an equal standard of living upon return to the area_ In, the matter of child support, I Jeremy T. Maher, agree to pay Jessica A. Pfuhl, in a bi- weekly manner the amount of $150.00 for a total of $300.00 per month. I, Jessica A. Pfuhl, accept this amount and agree that it shall remain unaltered, at least until after, the second half of augaust in the year 2007. Jessica. Kahl Jeremy T. Maher 108 Fieldstone Avenue 7 Crescent Drive Johnstown, Pa 1 5 904 New Cumberland, Pa 17070 EXHIBIT "B" LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1951 PHONE (717) 774-1445 FAX (717) 774-7059 September 7, 2006 CERTIFIED MAIL - RESTRICTED DELIVERY RECEIPT NO. 7003 0500 000165613061 Ms. Jessica A. Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 Re: Jeremy T. Maher v. Jessica A. Pfuhl Docket No. 2006-5178 (Custody) Cumberland County Dear Jessica: I have been contacted by Jeremy to assist in resolving the custody issues related to your daughter, Taylor. While it appears that you and Jeremy have attempted to deal with the custody issue thus far without formal court intervention, Jeremy believes that the present circumstances may need and will benefit from some professional guidance which will be afforded in that process. Please be assured that Jeremy's goal is to avoid, rather than create, ill will and conflict between you. He desires to create a more specific and defined parenting plan so that occasions (such as occurred this past weekend when return of the child was delayed and transportation issue highly debated) will not occur. Toward that end, please find, constituting service upon you, a Custody Complaint which has been filed. As you can see in reviewing this document, Jeremy is willing to live by the agreement you and he reached in April. He would, however, like to elaborate on that plan and make same more specific. The next step in the process is to attend a conciliation. A conciliation is a meeting where both parties (and their counsel if so employed) sit with a trained conciliator to address difficulties and hopefully establish a plan for custody. These plans typically deal with issues of day to day custody, as well as holidays, vacation, transportation, etc. If a plan is developed, the parties agree and this plan is entered by stipulation as an order of court. If the process is unsuccessful, the matter will proceed to a judge for determination. Ms. Jessica A. Pfuhl September 7, 2006 Page 2 The conciliation has not yet been scheduled; however, I will advise you of the date thereof. Sh Barbara Sumple-Sullivan BSS/Ih Enclosure cc: Mr. Jeremy T. Maher (w/encl) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . 1 v. NO. 6(0 517 - JESSICA A. PFUHL, : CIVIL ACTION -LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of '2006, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of , 2006, at _.M., 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. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court You must attend the scheduled conference or hearing. 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER, Plaintiff V. JESSICA A. PFUHL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL, ACTION -CUSTODY :NO. O(o 5 1JO CUSTODY COMPLAINT 1. The Plaintiff is Jeremy T. Maher (hereinafter referred to as "Father"), who currently resides at 20 North Twelfth Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant is Jessica A. Pfuhl (hereinafter referred to as "Mother"), who currently resides at 108 Fieldstone Avenue, Johnstown, Cambria County, Pennsylvania 15904. 3. Plaintiff seeks to share legal and physical custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRT1F Taylor M. Maher 20 North Twelfth Street 9/15/2001 '- Lemoyne, PA 17043 = and 108 Fieldstone Avenue - Johnstown, PA 15904 1 --_ ^? f cJ ? 4. The parents currently have a week on week off physical custody arrangem ent. 5. During the past five years the child has resided with the following persons at the following addresses: DATES ADDRESSES NAMESOFPERSONS IN HOUSEHOLD 1/2002 to 2/2002 Roth Village Father, Mother, 61 Village Court Child Mechanicsburg, PA 17055 3/2002 to 9/2002 5020 East Trindle Road Father, Mother, Mechanicsburg, PA 17055 Uncle Chris, Child Father: 9/2002 to 8/2003 4800 Charles Road, #F Father and Child Mechanicsburg, PA 17050 9/2003 to 10/2005 209 Reily Street Father, Uncle Chris, Harrisburg, PA Aunt .Kelly, Child *Note Mother moved in 10/2004 11/2005 to 4/2006 7 Crescent Drive Father, Mother and New Cumberland, PA 17070 Child 4/2006 to Present 20 North Twelfth Street Father, Father's Father, Lemoyne, PA 17043 Father's Mother and Child Mother: 9/2002 to 1/2003 619 Robert Street Mather, Mother's Father, Mechanicsburg, PA 17055 Mother's Father's girl- friend and Child 1/2003 to 4/2003 Unknown Apartment Mother and Child Mechanicsburg, PA 17055 4/2003 to 10/2004 619 Robert Street Mother, Mother's Farr, Mechanicsburg, PA 17055 Mother's Father's girl- friend and Child 10/2004 to 10/2005 209 Reily Street Father, Mother, Harrisburg, PA Uncle Chris, Aunt Kelly, and Child 11/2005 to 4/2006 7 Crescent Drive Father, Mother and New Cumberland, PA 17070 Child 2 4/2006 to Present 108 Fieldstone Avenue Johnstown, PA 15904 Mother Mother's Mother, Mother's Grandmother and Child There was a very short period of time when Mother lived with her Mother and two (2) brothers but the Plaintiff is unaware of the date and address. 6. The Father of the child is Jeremy T. Maher, currently residing at 20 North Twelfth Street, Lemoyne, Cumberland County, Pennsylvania 17043. 7. The Mother of the child is Jessica A. Pfuhl, currently residing at 108 Fieldstone Avenue, Johnstown, Cambria County, Pennsylvania 15904. The parties were never married to each other. 8. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME Ronald L. Maher Lezli Maher Taylor M. Maher RELATIONSHIP Father Mother Child 3 9. The relationship of the Defendant to the child is Mother. The Defendant currently resides with the following persons: NAME Lynn Pfuhl Taylor M. Maher RELATIONSHIP Mother Grandmother Child 10. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court 11. The Plaintiffhas no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested. The parties have been successful in the past in creating a parenting plan for their child. In April 2006, Mother had desired to relocate on a temporary basis to live with her relatives prior to the child's commencement of school in August 2007. Father agreed to work with Mother to adjust their custodial schedule to accommodate Mother's request provided the child returns prior to the commencement of kindergarten. The parties drafted and executed a 4 shared Custody Agreement, which Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Some problems have developed in implementation of the agreement. Other issues had not been addressed in the agreement that includes holidays, vacations, and transportation requirements. Father files this action so that the parties' agreement can become an order of court for enforcement. Father also desires to establish a more structured agreement for exchange times, transportation and holidays. 14. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant legal and primary physical custody of the child to the Plaintiff. DATE: September 6, 2006 Barbara. Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Sheet New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY JESSICA A. PFUHL, Defendant : NO. 0 Co VERIFICATION I, JEREMY T. MAHER, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dazed: September , 2006 T aher Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS Plaintiff V. JESSICA A. PFUHL, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5178 CIVIL ACTION - LAW : IN CUSTODY VERIFICATION I, Jeremy T. Maher, hereby certify that the facts set forth in the foregoing PETITION FOR EMERGENCY RELIEF are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ( q CCU . MAHER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-5178 JESSICA A. PFUHL, CIVIL ACTION -LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the PETITION FOR EMERGENCY RELIEF, in the above- captioned matter upon the following individual via certificate of mailing and certified mail, postage prepaid, addressed as follows: Ms. Jessica A. Kuhl 108 Fieldstone Avenue Johnstown, PA 15904 DATE: September 19, 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Petitioner Supreme Court I.D. No. 32317 c? r] of JEREMY T. MAHER, ; IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA A. PFUHL, DEFENDANT 06-5178 CIVIL TERM ORDER OF COURT AND NOW, this . I,ci day of September, 2006, a hearing on the within petition for special relief shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 3:00 p.m., Thursday, September 28, 2006. Xrbara Sumple-Sullivan, Esquire For Plaintiff By thourt, Edgar B. Bayley, J. essica A. Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 sal x { Cat yy C ` VV "4k s JEREMY T. MAHER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5178 CIVIL TERM JESSICA A. PFUHL, : IN CUSTODY Defendant PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Jessica Pfuhl, in the above captioned case. Respectfully submitted, Jessi a Holst, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: a)- 0 `i JEREMY T. MAHER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5178 CIVIL TERM JESSICA A. PFUHL, : IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Jessica Pfuhl, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: ou -'14 Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 - /M JessicHolst, Es -v nz r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2006-5178 JESSICA A. PFUHL, CIVIL ACTION -LAW Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, Jessica Holst, Esquire, hereby accept service and acknowledge receipt of the above-captioned Custody Complaint on behalf of my client, Jessica A. Pfuhl, having received said Complaint on the kday of '2006. I hereby indicate I am authorized by my client to accept service on ? if her behalf. Je ica Holst, Esquire idPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Telephone No. (717) 243-9400 - co l ? l y O JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 06-5178 CIVIL TERM JESSICA A. PFUHL CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jessica Pfuhl, to proceed in forma au eris. I, Jessica Holst, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessie FWlst, Esquire MidP nn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 r-' C'. ?? ;:? ? -ra - ? _ ?-, -? r? :-? r? 1 f1,,,' i k_° -. 1_i: __` ... : ,': ,.. ._ _ ?? 0 6 16 JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 06-5178 CIVIL TERM JESSICA A. PFUHL Defendant CIVIL ACTION - LAW IN CUSTODY ANSWER TO COMPLAINT IN CUSTODY AND NEW MATTER The Defendant, Jessica Pfuhl, by and through her attorneys MidPenn Legal Services, hereby sets forth as follows: 1. Admitted. 2. Admitted. 3. Defendant is unable to determine the truth of the allegation as stated. 4. Admitted. 5. Denied as stated. a. 1/2002 - 2/2002 Roth Village Mother, Father, Child 61 Village Court Mechanicsburg, PA 3/2002 - 6/2002 5020 E. Trindle Rd Mother, Father, Child Mechanicsburg, PA Uncle Chris Father: 6/2002 - 9/2002 5020 E. Trindle Rd Father, Uncle Chris Mechanicsburg, PA 9/2002 - 8/2003 4800 Charles Rd - F Father and Child Mechanicsburg, PA 9/2003 - 10/2005 209 Reily Street Father, Child, Harrisburg, PA Uncle Chris, Aunt Kelly 11/2005 - 4/2006 7 Crescent Dr Mother, Father, Child New Cumberland, PA 4/2006 - present 20 N. 12th St Father, Child Lemoyne, PA Paternal Grandparents Mother: 6/2002 - 11/2002 591-1 Geneva Dr. Mother, Child Mechanicsburg, PA Maternal Grandmother 11/2002 - 12/2003 Oxford Drive Mother and Child Mechanicsburg, PA 12/2003 - 10/2005 619 Robert Street Mother, Child Mechanicsburg, PA Maternal Grandfather 10/2005 - 11/2005 209 Reily Street Mother, Father, Child Harrisburg, PA 11/2005 - 4/2006 7 Crescent Dr. Mother, Father, Child New Cumberland, PA 4/2006 - present 108 Fieldstone Ave Mother, Child Johnstown, PA Maternal Grandmother Maternal Great-Grandmother 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. By way of further information, Defendant's Grandmother's name is Mari Fitzpatrick. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted in part and denied in part. Mother agrees that the parties attempted to work together with a shared custody arrangement prior to the child beginning school and further agrees that there have been some problems in implementing the schedule as agreed upon. Mother agrees that a more structured custody schedule is necessary. Mother disagrees with Father's assertion that the child's best interests will be served through the relief requested. Mother asserts that she is better equipped to be the child's primary caretaker and can better provide for the child's daily needs. 14. Admitted. NEW MATTER - COUNTERCLAIM FOR CUSTODY 15. Defendant incorporates Paragraphs 1 through 14 as if more fully set forth herein. 16. In April 2006, Father told Mother to leave and take the minor child with her. Mother returned to her family in Johnstown, Pennsylvania. 17. Mother agreed to a weekly custody exchange so the minor child would have an ongoing relationship with her father. 18. Father has been inconsistent in following the terms in the written agreement. Father has arbitrarily changed exchange times, dates and locations. 'This forces Mother to leave work early to meet Father, remove the child from daycare to facilitate a custody exchange, arrive early at the exchange point because Father wants to return the child earlier than expected or wait for up to two hours at the exchange point in Breezewood, Pennsylvania. 19. Mother has historically been the child's primary caretaker and she is better equipped to care for the minor child on a primary basis. She lives in a three-bedroom house where the child will have her own bed and her own space. Presently Father lives with his parents in a two-bedroom apartment at a retirement home. Mother is of the belief that the child sleeps in the room with the paternal grandparents during Father's custodial weeks because there is neither a bedroom nor a bed for the child at Father's home. 20. Mother has ongoing concerns that when the child is with Father, the paternal grandparents care for the child rather than Father exercising his parental responsibilities. WHEREFORE, Defendant prays that Plaintiff's Complaint for Custody be denied and that shared legal custody and primary physical custody be awarded to her. Date: B` MIDPENN LEGAL SERVICES Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID# 82214 JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 06-5178 CIVIL TERM JESSICA A. PFUHL CIVIL ACTION - LAW Defendant IN CUSTODY Affidavit of Service I, Jessica Holst, Esquire, hereby state that I served the enclosed Answer to Complaint in Custody and New Matter by depositing same in the first class , U.S. Mail, postage prepaid, and addressed as follows on / 0' 1 -1 Barbara Sumple-Sullivan, Esquire 549 Bridge Street Lemoyne, PA 17070-1931 Je,Asila Holst, Esquire 4dPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION I, Jessica Holst, Esquire, counsel for Jessica Pfuhl, hereby swear and affirm that the facts set forth in this document are true and correct to the best of my knowledge, information and belief. I have sufficient knowledge or information and belief as to the averments stated in these pleadings, based upon my personal knowledge and information obtained from my client. Jessica Pfhul is outside the jurisdiction of this Court and her personal verification cannot be timely obtained. This statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Jess' a olst, Esquire tsro _ -ri `+ co 6- ?F rY ?nnr JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-5178 CIVIL TERM V. JESSICA A. PFUHL, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of October, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Jeremy T. Maher and Jessica A. Pfuhl, shall have shared legal custody of the minor child, Taylor M. Maher, born September 15, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. The parties shall continue to share physical custody as they have for the last 6 months on an alternating week basis. Mother's next custodial week begins at 1:00 p.m. on October 15, 2006. Father's next custodial week begins at 1:00 p.m. on October 22, 2006. 3. Transportation. The parties shall continue to meet at the Breezewood exit of the Pennsylvania Turnpike for the custodial exchange. The parties may deviate from the meeting point and find other ways to share responsibilities of transportation by their mutual agreement. However, in the absence of their mutual agreement, they shall utilize the Breezewood meeting point as they have traditionally done. a NO. 06-5178 CIVIL TERM 4. The following interim holiday schedule shall supercede the regular schedule. a) Thanksgiving 2006. Father shall have custody from November 23, 2006 through November 25, 2006 at 1:00 p.m. and Mother shall have custody from November 25, 2006 at 1:00 p.m. until the beginning of her ordinary custodial week. b) Christmas 2006. Mother shall have custody for Christmas commencing December 24, 2006 at 4:00 p.m. until December 27, 2006 at 3:00 p.m. when she brings the child to Father. Father shall have custody for Christmas from December 27, 2006 at 3:00 p.m. until the beginning of his next ordinary custodial week. Whereupon, the parties shall return to the regular alternating week custodial schedule. The 2006 holiday schedule outlined above is contingent upon the reservation of Christmas Eve and Christmas Day to Father for the 2007 holidays. However, the specific terms and duration of the Christmas Holiday observances for 2007 for each party may go beyond those which were agreed upon for the 2006 holiday. 5. The parties are encouraged to use cell phones to keep in touch with each other in regard to any delays which they may experience in arriving at their meeting point for purposes of custodial exchanges. However, in light of potential cold weather-related delays, neither party shall be required to wait more than 45 minutes for the other parent in the absence of a telephone call regarding the delay, making alternate arrangements. 6. The parties shall participate in therapeutic co-parent counseling to assist them in developing the necessary skills to parent cooperatively and with an eye toward the child's best interest. Unreimbursed portions of the medical expenses associated with this therapeutic family counseling shall be shared equally by the parties. Counsel will assist the parties in identifying a therapist to work with them and, if necessary, assist them in arranging transportation sharing in order to accommodate the location of the co-parent counseling. J. Dist: Usarbara Sumple-Sullivan, Esq., 549 Bridge Street, New Cumberland, PA 17070-1931 J "ssica Holst, Esq., 401 E. Louther Street, Carlisle, PA 17013 ! k E e , . r _ f ? N N JEREMY T. MAHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5178 CIVIL TERM V. JESSICA A. PFUHL, Defendant 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 THE CUSTODY OF Taylor M. Maher 09-15-01 Mother and Father 2. Father filed a Complaint for Custody on September 6, 2006. A Custody Conciliation Conference was held on October 13, 2006. Present for the conference were: the Father, Jeremy T. Maher, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Jessica A. Pfuhl, and her counsel, Jessica Holst, Esquire. 3. Father's position on custody is as follows: Father resides in Lemoyne with his parents. He is not presently employed full-time and is attempting to collect unemployment compensation at the same time that he is working with family to establish a new business. Father reports that the status quo custodial arrangement since April 2006 has been an alternating week-on, week-off custodial schedule. The parties have never been married and have been separated since the child was about one year old. Father reports that Mother and he had a temporary plan to allow Mother to go to live with relatives in April 2006 contingent upon continued alternating week periods of custody and the child returning to school in Cumberland County no later than mid-August 2007. The parties memorialized this agreement in a document which they had notarized around the time of Mother's move to the Johnstown area. Since then, there have been difficulties with implementing the agreements and the schedule. Father is concerned that Mother is now backing out of her original intent to return to the local area before the child enters school next year. With assistance of counsel, and after filing an Emergency Petition for Special Relief, the parties were able to resume the alternate week periods of custody in September 2006. Father cited to Mother's unstable work history and living arrangements, as well as his concern of Mother having an anger management problem as reasons why he needed the certainty of a Court Order in this custody matter. 'r NO. 06-5178 CIVIL TERM 4. Mother's position on custody is as follows: Mother resides in Johnstown with her mother and maternal grandmother. Mother claims that Father told her to leave at the time the parties broke up and that Father told her he would not permit her to leave to go to Johnstown without an agreement with regard to the child. Mother acknowledged that she prepared the agreement at Father's insistence. Nonetheless, Mother does not want to be bound by the terms of the agreement and has indicated to Father that she does not want to promise that she would return. She is working at the Little People Learning Center where the child has been enrolled in preschool. Mother also attends Penn Highlands Community College where she is studying Healthcare Management. Mother reports that since her relocation, Father has been late for custodial exchanges and sometimes has been inconsistent with the schedule. Mother is most upset about the fact that the maternal grandmother is making decisions that would easily be considered in the realm of legal custody, particularly in regard to enrolling the child in a daycare center. Mother strongly believes that the paternal grandmother's decision-making in this regard is inappropriate and beyond the scope of what her involvement should be. At the same time Mother recognizes the importance of the relationship between Taylor and her grandmother. 5. The parties reached an agreement with regard to the 2006 holiday schedule and the ordinary schedule. They have requested that a hearing be scheduled on the issue of whether the child has to be returned to Cumberland County to attend school for the Fall of 2007. Additionally, the parties have agreed to participate in co-parent counseling in the hope that this counseling will help them focus on the best interest of the child and result in a bolstering of the co-parent relationship and their responsibilities in making decisions for the child. r1 !a o Melissa Peel Greevy, EsOuire Custody Conciliator / :285282 i FRIEDMAN and KING, P.C. John F. King, Esq. ID #61919 600 North 2nd Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 Attorney for Defendant/Petitioner JEREMY T. MAHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Respondent V. : NO. 06-5178 Civil Term JESSICA A. PFUHL, : CIVIL ACTION - LAW Defendant :CUSTODY Petitioner PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Jessica A. Pfuhl, Defendant in the above-captioned action, and Mother of the minor child, with a current address of 108 Fieldstone Ave., Johnstown, Cambria County, Pennsylvania 15904. 2. The Respondent is Jeremy T. Maher, Plaintiff in the above-captioned action, and Father of the minor child, with a current address of 12-A Richland Lane, Apt. TI, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Petition of Defendant/Petitioner respectfully represents that on the 25th day of October, 2006, an Order of Court was entered for the custody and visitation of the subject minor child, Taylor Maher (dob 9/15/01), a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. It is believed, and therefore averred, that the Plaintiff/Respondent is represented by Barbara Sumple-Sullivan. 5. This Order should be modified because: A. At the date of the entry of the existing Order, Defendant/Petitioner resided in Johnstown, Pennsylvania, where she continues to reside. B. The Defendant/Petitioner is gainfully employed. C. The Plaintiff/Respondent is unemployed. D. The minor child, Taylor Maher, suffers from Cerebral Palsy, and requires regular and ongoing physical therapy as a result of the symptoms arising from her condition. E. The current Order (attached) provides for week on/week off visitation, and during the Petitioner's periods of physical custody, she does regularly and routinely take the child for physical therapy. Whereas, Plaintiff/Respondent does not. F. The minor child, Taylor Maher, a five (5) year old girl, will begin kindergarten in the Fall of 2007, and it is in the child's best interest to attend said kindergarten in Johnstown, Pennsylvania, where the Defendant/Petitioner resides. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody by granting Petitioner primary physical custody, with periods of partial custody for the purposes of visitation to Plaintiff/Respondent, because it will be in the best interest of the child. Dated: April ?', 2007 Respectfully submitted, FRIEDMAN and KING, P.C. By: ti John F. King, Esquir ID#61919 600 N. Second Street Penthouse Suite Harrisburg, PA 17101 (717) 236-8000 Attorney for Defendant/Petitioner TO: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff/Respondent VERIFICATION I, Jessica A. Pfuhl, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Petition for Modification of a Custody Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn fals fication to authorities. Dated: ` f `! ` Lxh, bft e- .-A 0 ? h JEREMY T. MAHER, Plaintiff V. JESSICA A. PFUHL, Defendant • ?Onr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5178 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of October, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. The parties, Jeremy T. Maher and Jessica A. Pfuhl, shall have shared legal custody of the minor child, Taylor M. Maher, born September 15, 2001. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the child's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the child directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Physical Custody. The parties shall continue to share physical custody as they have for the last 6 months on an alternating week basis. Mother's next custodial week begins at 1:00 p.m. on October 15, 2006. Father's next custodial week begins at 1:00 p.m. on October 22, 2006. 3. Transportation. The parties shall continue to meet at the Breezewood exit of the Pennsylvania Turnpike for the custodial exchange. The parties may deviate from the meeting point and find other ways to share responsibilities of transportation by their mutual agreement. However, in the absence of their mutual agreement, they shall utilize the Breezewood meeting point as they have traditionally done. r NO. 06-5178 CIVIL TERM 4. The following interim holiday schedule shall supercede the regular schedule. a) Thanksgiving 2006. Father shall have custody from November 23, 2006 through November 25, 2006 at 1:00 p.m. and Mother shall have custody from November 25, 2006 at 1:00 p.m. until the beginning of her ordinary custodial week. b) Christmas 2006. Mother shall have custody for Christmas commencing December 24, 2006 at 4:00 p.m. until December 27, 2006 at 3:00 p.m. when she brings the child to Father. Father shall have custody for Christmas from December 27, 2006 at 3:00 p.m. until the beginning of his next ordinary custodial week. Whereupon, the parties shall return to the regular alternating week custodial schedule. The 2006 holiday schedule outlined above is contingent upon the reservation of Christmas Eve and Christmas Day to Father for the 2007 holidays. However, the specific terms and duration of the Christmas Holiday observances for 2007 for each party may go beyond those which were agreed upon for the 2006 holiday. 5. The parties are encouraged to use cell phones to keep in touch with each other in regard to any delays which they may experience in arriving at their meeting point for purposes of custodial exchanges. However, in light of potential cold weather-related delays, neither party shall be required to wait more than 45 minutes for the other parent in the absence of a telephone call regarding the delay, making alternate arrangements. 6. The parties shall participate in therapeutic co-parent counseling to assist them in developing the necessary skills to parent cooperatively and with an eye toward the child's best interest. Unreimbursed portions of the medical expenses associated with this therapeutic family counseling shall be shared equally by the parties. Counsel will assist the parties in identifying a therapist to work with them and, if necessary, assist them in arranging transportation sharing in order to accommodate the location of the co-parent counseling. J. Dist: +,8arbara Sumple-Sullivan, Esq., 549 Bridge Street, New Cumberland, PA 17070-1931 J1?ssica Holst, Esq., 401 E. Louther Street, Carlisle, PA 17013 6?• .n'?% • • !5 -r ?? r? _ .rte • ? ` , ? ; . , ? ? Q ? ? c°-?+ ? N JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-5178 CIVIL TERM V. CIVIL ACTION - LAW JESSICA A. PFUHL, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Taylor M. Maher 09-15-01 Mother and Father 2. Father filed a Complaint for Custody on September 6, 2006. A Custody Conciliation Conference was held on October 13, 2006. Present for the conference were: the Father, Jeremy T. Maher, and his counsel, Barbara Sumple-Sullivan, Esquire; the Mother, Jessica A. Pfuhl, and her counsel, Jessica Holst, Esquire. 3. Father's position on custody is as follows: Father resides in Lemoyne with his parents. He is not presently employed full-time and is attempting to collect unemployment compensation at the same time that he is working with family to establish a new business. Father reports that the status quo custodial arrangement since April 2006 has been an alternating week-on, week-off custodial schedule. The parties have never been married and have been separated since the child was about one year old. Father reports that Mother and he had a temporary plan to allow Mother to go to live with relatives in April 2006 contingent upon continued alternating week periods of custody and the child returning to school in Cumberland County no later than mid-August 2007. The parties memorialized this agreement in a document which they had notarized around the time of Mother's move to the Johnstown area. Since then, there have been difficulties with implementing the agreements and the schedule. Father is concerned that Mother is now backing out of her original intent to return to the local area before the child enters school next year. With assistance of counsel, and after filing an Emergency Petition for Special Relief, the parties were able to resume the alternate week periods of custody in September 2006. Father cited to Mother's unstable work history and living arrangements, as well as his concern of Mother having an anger management problem as reasons why he needed the certainty of a Court Order in this custody matter. i. NO. 06-5178 CIVIL TERM 4. Mother's position on custody is as follows: Mother resides in Johnstown with her mother and maternal grandmother. Mother claims that Father told her to leave at the time the parties broke up and that Father told her he would not permit her to leave to go to Johnstown without an agreement with regard to the child. Mother acknowledged that she prepared the agreement at Father's insistence. Nonetheless, Mother does not want to be bound by the terms of the agreement and has indicated to Father that she does not want to promise that she would return. She is working at the Little People Learning Center where the child has been enrolled in preschool. Mother also attends Penn Highlands Community College where she is studying Healthcare Management. Mother reports that since her relocation, Father has been late for custodial exchanges and sometimes has been inconsistent with the schedule. Mother is most upset about the fact that the maternal grandmother is making decisions that would easily be considered in the realm of legal custody, particularly in regard to enrolling the child in a daycare center. Mother strongly believes that the paternal grandmother's decision-making in this regard is inappropriate and beyond the scope of what her involvement should be. At the same time Mother recognizes the importance of the relationship between Taylor and her grandmother. 5. The parties reached an agreement with regard to the 2006 holiday schedule and the ordinary schedule. They have requested that a hearing be scheduled on the issue of whether the child has to be returned to Cumberland County to attend school for the Fall of 2007. Additionally, the parties have agreed to participate in co-parent counseling in the hope that this counseling will help them focus on the best interest of the child and result in a bolstering of the co-parent relationship and their responsibilities in making decisions for the child. / o oat. Melissa Peel Greevy, Es uire Custody Conciliator 285282 ? ?1 -fit Q N' .? `- 9? G ?, ? J ? ? ? ? ?-;? T_F L JEREMY T. MAHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-5178 CIVIL ACTION LAW JESSICA A. PFUHL DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, _ i i Thursday, April 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg _PA 17055 _ on Wednesday, May 16, 2007 at 10:30 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/ Dawn S. Sunday, Esq. 0 _ 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 ".: HU s FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 E-mail: friedmanandking@hotinail.com Attorney for Defendant JEREMY T. MAHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Respondent V. : NO. 06-5178 Civil Term JESSICA A. PFUHL, : CIVIL ACTION - LAW Defendant :CUSTODY Petitioner AFFIDAVIT OF SERVICE I, John F. King, Esquire, hereby certify that on April 20, 2007, a copy of the Order of Court and Petition for Modification of a Custody Order, was served upon the Plaintiff, by depositing same in the United States Mail, first class, postage prepaid, with a copy by Certified Mail (No. 7006 0100 0005 1040 2594), return receipt requested, addressed as follows: Jeremy Maher 12-A Richland Lane, Apt. T-1 Camp Hill, PA 17011 The Domestic Return Receipt (green card) was returned marked as "unclaimed" (copy attached). The regular mailing has not been returned, and therefore is deemed to have been received by the Plaintiff. I also certify that on April 19, 2007 a copy was mailed to the Plaintiff's attorney of record by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 KING, P.C Date:/ r N. Second Street l o 4eeonnthusee ing, Esquir oSuite e P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ,A 4 4 a s x Ch C'1 ' a??? GOB-id1 ?SSn '. y d Q b ,r, am m rrf vv o? ?09 ? ? ? O ? m Z ? m ?s??? ? a '? G O n ? o f7 M. m 1,01 d N n 4. Cy ? 1 a t caa °' ? "t'i _._.? ?: i't1? ? ?'"+ i? ; _ T ' ._i' } -f p , Cm.) •? • JEREMY T. MAHER Plaintiff VS. JESSICA A. PFUHL Defendant SYT-8 We, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5178 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, thisi day of A'lkrm - , 2007, upon consideration of the attached Custody Conciliation Report, It is order and directed as follows: 1. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated October 31, 2006 shall continue in effect. 2. The parties shall engage in mediation in an effort to resolve the primary custodial issue prior to the beginning of the 2007-2008 school year. The Mother shall identify qualified mediators in the Johnstown area and exchange the information with the Father to enable the parties to select a professional based on qualification and availability. The parties shall schedule all mediation sessions to coincide as closely as possible with an exchange of custody on Mondays. The parties shall complete the mediation process by the end of June 2007. 3. Within 30 days following the completion of mediation, counsel for either party may contact the conciliator to schedule an additional custody conciliation conferences ronsa? ?i rt rt+r:sv __7 1 L eafi,l 4o rnc..l,.atl,e ;oo„°o .,;41,.,,,4 4l,° , °.i fox the L. v ° 4. In the vent the pfrties not able to reach an agr ment as to ongoing c stody arrangements Or the Child, e g is scheduled for the day of , 200 at _o' in /14d number _ of the umberland County Court ouse. The hearing da will be r uprior to the sche led hearing, by which da counsel for the parti shall cont. Cr cancel or con rm the hearing date. If t hearing date is not co firmed by th cobefore that d e, the hearing will be auto atically canceled. he event a he, neMother sha be deemed to be the mov' g party and shall pro eed initially to ounsel for the parties shall file with the Court and opposing counsel a mem aj' _.m. e ties is V setting forth eac Y's position on , a list of wi w o are expected to tS%jf*aad a summ a anticipated mony of each witne hese memoranda s sled at least 10 da rior to the hearisif date. cc:bara Sumple-Sullivan, Esquire - Counsel for Father „ d?hn F. King, Esquire - Counsel for Mother C?r% y, f` > ` C`, i . ` ?`?? 1 .y1?-4 ' r L? . ' ?--^ :..: i. ?-,.1 ?., ? ?' :? ?? JEREMY T. MAHER Plaintiff VS. JESSICA A. PFUHL Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5178 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Maher September 15, 2001 Mother/Father 2. A custody conciliation conference was held on May 16, 2007 with the following individuals in attendance: the Father, Jeremy T. Maher, with his counsel, Barbara Sumple-Sullivan, Esquire, and the Mother, Jessica A. Kuhl, with her counsel, John F. King, Esquire. 3. This Court previously entered an Order in this matter on October 31, 2006, under which the parties share having custody of the Child on an alternating weekly basis, with the exchange of custody to take place at a half way point between the Father's residence in Camp Hill and the Mother's residence in Johnstown. The Mother filed this Petition to Modify seeking primary physical custody of the Child when she begins kindergarten in the 2007-2008 school year. The Father also seeks primary custody of the Child when school begins. 4. Although the parties reached an agreement to submit the primary custodial issue to mediation in an effort to resolve the issue by agreement, counsel has requested that a hearing date be reserved prior to the beginning of the school year to ensure that the issue is resolved by that time. 5. The Mother's position on custody is as follows: The Mother believes it would be in the Child's best interest to reside primarily with her during the school year after she begins kindergarten in the fall of 2007. The Mother is currently enrolled in a medical management program in Johnstown, which she will complete in May 2008 and is presently a full-time student and full-time employee at a hospital. The Mother believes she is better able to ensure that the Child receives the therapy necessary for the Child's cerebral palsy. The Mother indicated that her extended family, with the exception of her father, resides in the Johnstown area. 6. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reside primarily with him during the school year. The Father indicated that the parties had signed an agreement prior to the Mother's relocation to Johnstown reflecting their intention that the relocation would be temporary and that the Mother would move back to Central Pennsylvania before the Child began school. The Father believes it would be best for the Child to have both parents living in the local area so that they can provide the necessary parental support as she begins kindergarten. The Father also believes it would be best for both parents to be actively involved in the Child's school and other activities. The Father's extended family resides in the local area. 7. The conciliator recommends an Order in the form as attached reflecting the parties' commitment to engage in mediation in an attempt to resolve the custodial issues but reserving a hearing date, if necessary, to determine the Child's school enrollment before the beginning of the 2007-2008 school year. In the event the hearing is necessary, it is anticipated that one-half day would be required. !'t UU7 ?- Date Dawn S. Sunday, Esquire Custody Conciliator JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA A. PFUHL, DEFENDANT 06-5178 CIVIL TERM ORDER OF COURT AND NOW, this day of July, 2007, IT IS ORDERED that a custody hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 9:00 a.m., Wednesday, August 8^2007 By the Cou f Edgar B. Bayley;'J. ,,P(airbara Sumple-Sullivan, Esquire For Plaintiff Iohn King, Esquire For Defendant J :sal r_ D is J JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA A. PFUHL, DEFENDANT : 06-5178 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this B' day of August, 2007: (1) All prior custody orders are vacated and replaced with this order. (2) Jeremy T. Maher and Jessica A. Pfuhl shall have shared legal custody of Taylor Maher, born September 15, 2001. (3) During each school year: (a) Taylor shall live in the home of her mother and attend school from that home. The father shall have temporary physical custody every other weekend from Friday after school until Sunday evening or Monday evening if Monday is a school holiday. (b) The schedule for Thanksgiving and Christmas shall be as follows: (i) Thanksgiving: In 2007, the mother shall have Taylor on Thanksgiving. In 2008, and in alternate years thereafter the father shall have Taylor from the day before Thanksgiving until the day before school resumes. (ii) Christmas: The mother shall always have Taylor from December 24th through December 26th. The father shall always have Taylor from December 27th until the day before school resumes. 06-5178 CIVIL TERM (4) During each summer school vacation period starting on the Sunday after the last day of school and ending on the next to last Sunday before school begins, the father shall have Taylor every two weeks with the mother having her the next week. All exchanges on this three week schedule shall be on Sundays. (5) Unless otherwise agreed by the parents, all exchanges shall be in Breezewood at times agreed to by them. By the Edgar B. Bayley, J. .14arbara Sumple-Sullivan, Esquire For Jeremy T. Maher Jn King, Esquire For Jessica A. Pfuhl sal A -2- rn ?LU U- ?. ,., V cv JEREMY T. MAHER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA A. PFUHL, DEFENDANT 06-5178 CIVIL TERM IN RE: CUSTODY OPINION AND ORDER OF COURT Bayley, J., August 15, 2007:-- Jeremy Maher, age 27, and Jessica Pfuhl, age 25, are the parents of Taylor Maher, age 5, born September 15, 2001. The mother lives in Johnstown, Cambria County. The father lives in Mechanicsburg, Cumberland County. Taylor will be entering kindergarten at the end of August. The mother filed a complaint for primary physical custody of Taylor. The father is opposed, and he seeks primary physical custody. A hearing was conducted on August 8, 2007. The parents never married. They lived together in Mechanicsburg from December, 2001, until August, 2002, when the mother and Taylor moved into the home of the maternal grandmother in Mechanicsburg. The father started seeing Taylor on Wednesday evenings and that was expanded to every other weekend. After three months, the mother moved to her own apartment in Mechanicsburg where she stayed for one and a half years. During this period, the mother had a clerical job and shared custody of Taylor with the father on a 50-50 basis.' In November, 2005, the parents reconciled, first living together in the home of the ' There was a short period in 2003 when the mother tried an enlistment in the Army and the father took care of Taylor. 06-5178 CIVIL TERM father's brother in Harrisburg, and then in the home of the father's parents in New Cumberland. The mother separated in April, 2006, when she again moved with Taylor into the home of the maternal grandmother in Mechanicsburg. The maternal grandmother was just getting ready to move to her mother's home in Johnstown. The mother did not have the financial ability to get her own place so she decided to move to Johnstown with her mother. On April 21, 2006, she and the father entered into a written agreement in which the father agreed to the mother's move, with Taylor, to Johnstown, and the mother agreed to return to central Pennsylvania with Taylor before the start of kindergarten in August of 2007. The father agreed to help the mother "create an equal standard of living" upon her return to central Pennsylvania. The parents would continue shared legal custody of Taylor, and physical custody on an alternating weekly basis, while the mother and Taylor were residing in Johnstown. Finally, the father agreed to pay $150.00 every two weeks in child support, and the mother agreed that the support would not be altered prior to the second half of August of 2007. The mother took Taylor to Johnstown and has been living with the maternal grandmother and great-grandmother ever since. With exception to some minor problems due to poor communication between the parents, the week on week off custody arrangement worked well. On September 6, 2006, the father, having become concerned that the mother was not going to return to this area by the fall of 2007, filed a complaint for primary physical custody of Taylor. The parents entered into an agreement that resulted in a custody order of October 31, 2006. Shared legal custody was ordered as well as shared physical custody on -2- 06-5178 CIVIL TERM an alternating week basis. A Thanksgiving and Christmas schedule and arrangement for transfers in Breezewood were set. The order did not address a custodial arrangement for when Taylor starts kindergarten. On April 10, 2007, the mother filed this complaint for primary physical custody of Taylor. Taylor was born in Johnstown. She was pre-mature at one pound twelve ounces. She was in the hospital for a month and was then transferred to the Hershey Medical Center where she had heart surgery and remained hospitalized for another month and a half. The mother lived in Taylor's room at the hospital during this time. The father was working and visited Taylor regularly. At age one and a half, Taylor was diagnosed with cerebral palsy. This condition affects her balance and motor skills, not her intellect. She has been under regular medical care and both parents agree that she is making progress. When the mother moved to Johnstown, she placed Taylor under the care of a pediatric neurologist in Greensburg whom she is to see every six months. She is also under the care of a pediatrician in Johnstown. She receives physical therapy at a facility in Johnstown. The mother grew up in Johnstown and lived there until she was sixteen. After moving into her grandmother's home in April, 2006, she obtained a full-time job at a daycare center where she worked until November, 2006, when she became a clinical assistant at a hospital. She works five out of seven days each week, either 7:00 a.m. to 3:00 p.m. or 11:00 p.m. to 7:00 a.m. Her mother or her grandmother takes care of Taylor when she is working, and, on rare occasions when all three are working, Taylor goes to a daycare facility. The mother testified that she has been offered a clerical position at the hospital, weekdays from 8:00 a.m. to 4:00 p.m. If she has custody of Taylor during the school year, she will take that position, -3- 06-5178 CIVIL TERM and Taylor will go to morning kindergarten and then to a learning center in the afternoon from which the mother will pick her up after work. The mother has been attending classes and taking on-line courses at a community college in Johnstown where she is working toward an associate's degree in healthcare management. All of her remaining courses require her to attend class. She anticipates receiving a degree in May, 2008. She then plans to take courses toward a bachelor's degree at the Johnstown campuses of the University of Pittsburgh and Penn State. The father went to the Harrisburg Area Community College. He worked in a family sales business until 2005. He was working in sales for another company at the beginning of September, 2006, when he quit because he was dissatisfied with his commissions and benefits.' He remained unemployed until April, 2007, when he started his own business, Jumpstart Business Promotions.3 The business promotes sales for Domino's Pizza, something his family's business used to do for another pizza company. His work schedule is flexible. The father testified that he does not know how much he has earned in this business, speculating that maybe it has been a couple hundred dollars a week.4 2 The father had been providing medical insurance for Taylor until he quit his job. The mother then obtained medical coverage for Taylor through her employer. Because of the cerebral palsy, secondary medical insurance is provided by the Gateway program of the Commonwealth. 3 He testified that his efforts to find work during the seven months were hampered because of his felony forgery and robbery convictions when he was eighteen years old. 4 In April of 2007, the father stopped paying the support under the private agreement when the mother filed a petition to modify the custody order of October 31, 2006. Even before that, many of the payments he owed to the mother were made by his parents. -4- 06-5178 CIVIL TERM The father started a relationship with Clarissa Blankenship in September, 2006. He moved full-time into her two bedroom apartment with her seven-year-old daughter at the beginning of May. She is single and has never been married. She teaches high school level students in an intermediate unit. She and the father have a baby due in September and will look for a three bedroom apartment to accommodate the larger group. If Taylor lives with the father, he will enroll her in kindergarten at St. Joseph's Children School where she has attended a daycare program for the last year during her time with her father. St. Joseph's Children School is a private school and will provide a full day kindergarten program for $600 per month. The father testified that he only agreed for Taylor to go to Johnstown with the mother because she promised to bring Taylor back when she started school. He is opposed to Taylor going to school in Johnstown. He testified that if the mother would move back to this area he would readily agree to a shared custody arrangement. His parents often baby-sit Taylor, are close to her, and are very supportive of the family. Taylor sees other members of the father's family when she is in this area, including a grandfather and the father's brother. The mother now desires to remain in Johnstown with Taylor within the supportive network of her family. Taylor has a close relationship with her maternal grandmother and great-grandmother. The great-grandmother, who still works part-time, testified that the mother and Taylor are welcome to stay in her home for as long as the mother wants. The move to Johnstown has already resulted in the mother obtaining a degree of stability and security that would not have been possible if she had stayed in Mechanicsburg. Her current situation is a significant improvement in the quality of her life and the benefits have flowed to Taylor. -5- 06-5178 CIVIL TERM Furthermore, the mother is pursuing educational opportunities available to her in Johnstown to further improve her life. The mother did not go to Johnstown on a whim but out of need. Her desire to now stay there with Taylor is not to frustrate the father's relationship with her daughter. She acknowledges that his continuing, meaningful relationship with Taylor is important. There is no evidence that the father's resistance to the mother having primary physical custody is inspired by an improper motive. He is concerned about their ability to continue a meaningful relationship. Neither parent raised any significant issue as to the parenting ability of the other, although the father maintains that he is more laidback and relaxed than the mother who gets angry and is more confrontational. The ultimate determination in a custody case is what is in the best interest of the child. Ferdinand v. Ferdinand, 763 A.2d 820 (Pa. Super. 2000). Based on the current situation of both parents we believe that during the school year Taylor will have more stability in the home of the mother than she will with the father. Whether the father's situation is stabile, given his entire circumstances and the new responsibilities he has incurred over a short period of time, is not apparent. Stability is of primary importance during the school year and the deciding factor in this case. We can and will enter an order that will provide reasonable periods of temporary custody in the father that will foster an ongoing relationship with his daughter.' ORDER OF COURT AND NOW, this _ _ day of August, 2007: ' The parents must improve their personal communication to make the custody order work for the benefit of Taylor. While the distance between their homes makes it difficult, we urge them to jointly arrange for and attend some co-parenting classes. -6- 06-5178 CIVIL TERM (1) All prior custody orders are vacated and replaced with this order. (2) Jeremy T. Maher and Jessica A. Pfuhl shall have shared legal custody of Taylor Maher, born September 15, 2001. (3) During each school year: (a) Taylor shall live in the home of her mother and attend school from that home. The father shall have temporary physical custody every other weekend from Friday after school until Sunday evening or Monday evening if Monday is a school holiday. (b) The schedule for Thanksgiving and Christmas shall be as follows: (i) Thanksgiving: In 2007, the mother shall have Taylor on Thanksgiving. In 2008, and in alternate years thereafter the father shall have Taylor from the day before Thanksgiving until the day before school resumes. (ii) Christmas: The mother shall always have Taylor from December 24th through December 26th. The father shall always have Taylor from December 27th until the day before school resumes. (4) During each summer school vacation period starting on the Sunday after the last day of school and ending on the next to last Sunday before school begins, the father shall have Taylor every two weeks with the mother having her the next week. All exchanges on this three week schedule shall be on Sundays. (5) Unless otherwise agreed by the parents, all exchanges shall be in Breezewood at times agreed to by them. -7- 06-5178 CIVIL TERM arbara Sumple-Sullivan, Esquire For Jeremy T. Maher ,john King, Esquire For Jessica A. Pful sal -8- By the Court,