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HomeMy WebLinkAbout06-6144Darren J. Holst, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, ) Plaintiff ) NO. CAL - 114 V. ) JENNIFER A. FOGARTY, ) Defendant ) CIVIL ACTION - LAW IN CUSTODY/VISITATION COMPLAINT FOR CUSTODY AND NOW, comes Plaintiff, Charles M. Fogarty, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who hereby files the instant Complaint for Custody and in support thereof avers as follows: 1 • Plaintiff is Charles M. Fogarty ("Father'), an adult individual sui juris who resides at 617 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Jennifer A. Fogarty ("Mother"), an adult individual sui juris who resides at 640 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Mother and Father, former husband and wife, are divorced, and Father seeks primary custody of the following minor children born from the parties' marriage: Name Age Jacob M. Fogarty Anna E. Fogarty 12 (D/OB December 30, 1993) 11 (D/OB June 17, 1995) 4. Pursuant to a Marital Settlement Agreement dated September 16, 2001, Mother and Father share legal and physical custody of the minor children, with the children spending equal time at Father's residence and Mother's residence. This schedule has been in effect the last five years. Mother is presently single and resides alone except when the children are under her care and custody. 6. Father is presently single and resides alone except when the children are under his care and custody. 7. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Father has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. 9. Father does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 10. The best interest and permanent welfare of the children will be served by granting the relief requested because of, inter alia, the following: (a) The current shared custodial arrangement does not facilitate the children's best interest during the academic year as it creates inconsistency for the children, which impacts their performance in school. Of the two parents, Father is more likely to ensure that homework is completed, and Father is more likely to be the parent to assist the children in completing homework assignments; 2 (b) Of the two parents, Father is better equipped to provide for the children's physical, emotional and spiritual needs at this time given Father's concerns of Mother's stability at this time; and (c) The parties' oldest child, Jacob, age 12, has expressed a sincere and articulate preference to reside primarily with Father as Father provides the stability, structure and consistency required by both children, something Mother is presently unable to do. 11. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant his request for custody of the children. Res ectfully submitted, Date: Darren J. Hol t, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty 3 VERIFICATION I, Charles A Fogarty, hereby swear and affirm that the facts contained in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 10/19/06 x Fes, . v? a r.,) Ga rn ca c-? N O tv 0 m -a ?rn -C CHARLES M. FOGARTY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER A. FOGARTY DEFENDANT 06-6144 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 25, 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., Camp Hill, PA 17011 on Friday, December 08, 2006 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/ Melissa P. Greets Esc.. ? 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 90 C' •1/ Yow IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, ) Plaintiff ) V. ) JENNIFER A. FOGARTY, ) Defendant ) NO. 06-6144 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE I, Darren J. Holst, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 3`a day of November, 2006, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint for Custody in the above-captioned matter, properly endorsed, to the Defendant, Jennifer A. Fogarty, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 640 Allenview Drive, Mechanicsburg, PA 17055, the Defendant's last known address, and that the return receipt card which was signed by Jennifer A. Fogarty, marked as having been delivered to her on November 4, 2006, is attached hereto and made a part hereof arren J. Hol t, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty SWORN TO AND SUBSCRIBED before me this ? day of Owew1lxL,- , 2006. compare AL1N of PE11NSnom NOTARIAL SEAL MM L KNISELX NOTARY POW CITY OF HARRISBURG, DAUPHIN COUN1?< My COMMISSION EXPIRES APRIL 28 2001 M LAW OFFICES OF HO`VETT, KISSINGER, CONLEY & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 310 HARRISBURG. PENNSYLVANIA 17103 JOHN C. HOWETT. JR. DONALD T. KISSINGER CINDY S. CONLEY (717) 233-3616 DARREN 1. HOLST FAX (717) 234-5302 DEBRA 'l. SHI`IP Legal Assistant - November 3, 2006 VIA CERTIFIED A1.4 IL RETURN RECEIPT REQUESTED RESTRICTED DELIVERY AND REGULAR AWL Ms. Jennifer A. Fogarty 640 Allenview Drive Mechanicsburg, PA 17055 Re: Fogarty v. Fogarty Dear Ms. Fogarty: Your ex-husband, Charles M. Fogarty, has retained my firm to represent him in matters attendant to the care and custody of Jacob and Anna Fogarty, both of whom were born from your marriage to Mr. Fogarty. Over the last year, Mr. Fogarty has become increasingly concerned about the physical and emotional well being of the children under the current custody arrangement. Particularly, he is concerned about behavior you have continued to exhibit while the children are under your care that is not in their best interest, including, but not limited to, excessive alcohol consumption, failing to give Jacob his prescribed medication and permitting the children to be supervised by other individuals with suspect backgrounds. Of particular concern to Mr. Fogarty is the fact that he learned Jacob was routinely left with an individual, who lost Jacob in North Carolina approximately one year ago, and that, recently, while in the care of this individual, Jacob witnessed another child being molested. Obviously, you have the right to choose the people with whom you wish to be associated, but when those associations are detrimental to your children's best interest, the need for a court to evaluate the current custodial arrangement becomes apparent. Ms. Jennifer A. Fogarty November 3, 2006 Page Two I enclose herein a certified true and correct copy of a Complaint for Primary Physical Custody that our office has filed on behalf of Mr. Fogarty, delivery of which satisfies the Pennsylvania Rules of Civil Procedure regarding service of original process. Attached to the petition is an order scheduling a conciliation conference before Attorney Melissa P. Greevy; however, the order that is attached to the complaint is erroneous as it establishes the incorrect date for the conciliation conference. Enclosed with the complaint is a revised order of court dated October 26, 2006 scheduling the conciliation conference for December 5, 2006 at 8:30 a.m. If you retain an attorney to represent you in this matter, please forward the enclosed documents along with this cover letter to his or her attention and have your attorney contact me at his or her earliest convenience. Regrettably, the lack of structure and stability at your household is detrimentally impacting your children at this time, and it has forced Mr. Fogarty to initiate the instant custody action. Sincerely, Darren J. Holst DJH/djk Enclosures cc: i3d oara Sump le-Sullivan, Esquire (w/encls) Charles M. Fogarty (Nv/encls) ¦ C MOOM JteM 1, 2, a'id 3. Alto mete item 4 if PasMaWd Y Is deabed. ¦ Print Your nwm and address at the l^eveme so that we w Mum ft card. to yr , _ • Attsoh this Card to the bac* of the Y or on the foix t If sptalog psm*EL 1. Ardds AddroNed tM- 11AS • J tvfh: ?? A 2. Artk4e Number X. B b C. D Apent D. I lwm h m 1? 0' N YES, atiClroa Drbw; O No Erow w w id ! Mdi ?D?d ©WN Ib 13 e haeurpd Id 1 CA.D. 4. PmtricW UWivery4 # t** J 7004 2890 0002 8003 1194 PS Form 3811, zi- w"Ai MINIIAM11r Of (Domestic Mail Only; No Insurance Coverage Providec M 0 C3 43 Postage $ ri Certified Fee C3 Postmark C3 Retum Receipt Fee Here O (Endorsement Required) O Restricted Delivery Fee Ir (Endorsement Required) cc M Total Postage & Fees M Sent To v N ----- -------- ---- reet, Apo.; --.? Q)l51f?k _ ;'"? or PO Box No. f _??? --------------------- state, ZIP+ w eGl,ak; PS Form 3800, June 2002 See Rever?e ior Instructions 702595.o2-WJ50 U ? .? ' ,? ._..,3 !t ?: ""-7 (` ? 41 r?? 40b -4 S CHARLES M. FOGARTY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-6144 CIVIL TERM V. 2006 CIVIL ACTION -LAW 0 JENNIFER A. FOGARTY, IN CUSTODY Defendant ORDER OF COURT AND NOW, this I`1 day of December, 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Charles M. Fogarty and Jennifer A. Fogarty, shall have shared legal custody of the minor children, Jacob M. Fogarty, born December 30, 1993, and Anna E. Fogarty, born June 17, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children'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 children including, but not limited to, medical, dental, religious or school records, the residence address of the children 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 children'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 children 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 children's best interest. 2. Physical custody. Pending hearing, or further agreement of the parties, the following status quo custodial arrangement is confirmed by this Order: A. Commencing December 9, 2006, Father shall have custody on alternating weekends from 3:00 p.m. Saturday until 3:00 p.m. Sunday. B. Commencing December 16, 2006, Mother will have custody on alternating weekends from 3:00 p.m. Saturday until 3:00 p.m. Sunday NO. 06-6144 CIVIL TERM C. Commencing December 9, 2006, Father will have custody from 3:00 p.m. Sunday until after school on Wednesday. D. Commencing December 12, 2006, Mother will have custody from after school on Wednesday until 3:00 p.m. on Saturday. 3. Christmas. The following Christmas holiday schedule shall supercede the regular schedule for 2006 only: A. Father will have custody from December 24th at 8:00 p.m. until December 25th at 10:00 a.m. B. Mother will have custody on December 25th from 10:00 a.m. to 5:00 p.m. 4. The parties shall submit themselves and their minor children to an independent custody evaluation to be performed by Deborah Salem. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties and their children, as well as the children's school records. Additionally, the parties shall extend their full cooperation in completing this evaluation in a timely fashion and in the scheduling of appointments. Father shall pay the initial cost up front, with reservation of right to petition the Court for reallocation of the custody evaluation. 5. Upon the completion of the evaluation, the Custody Conciliation Conference may be reconvened for purposes of exploring settlement prior to trial by fax request to the Conciliator if such request is made within ten (10) days of the counsels' receipt of the report from Ms. Salem. BY THE COURT: Dist: .2rbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA rren J. Hoist, Esquire, 130 Walnut Street, Harrisburg, PA 17101 J 17070-1931 J I : I I ?,Itjf '?, 1 32 1VQZ `% FIC 1 1. 2006 CHARLES M. FOGARTY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-6144 CIVIL TERM V. CIVIL ACTION - LAW JENNIFER A. FOGARTY, : 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 Jacob M. Fogarty December 30, 1993 Mother and Father Anna E. Fogarty June 17, 1995 Mother and Father 2. Father filed a Complaint for Custody on October 20, 2006. A Custody Conciliation Conference was held on December 5, 2006. Present for the conference were: the Mother, Jennifer A. Fogarty, and her counsel, Barbara Sumple Sullivan, Esquire; the Father, Charles M. Fogarty and his counsel, Darren J. Holst, Esquire. 3. Father's position on custody is as follows: Father resides in Boiling Springs. He reports that the parties have had shared physical custody of the children since a September 16, 2001 Marital Settlement Agreement. He reports that the schedule that the parties are following is that Father has custody on Sunday, Monday and Tuesday and alternating Saturdays and that Mother has custody on Wednesday, Thursday and Friday, and alternating Saturdays. Father complains that this schedule creates inconsistency and impacts the children's school performance. He feels that he is the better parent to help with homework, and more likely to follow through with it. Father also reports that the 12 year old wants to live with him. There have been two occasions in September, 2006, during which Father reports that Jacob contacted him complaining that Mother was having a party and was intoxicated. Father also reports that Mother's neighbors have told him that the children are left unsupervised and that Mother is having loud parties in her home. While Father believes that Mother has modified her behavior since the service of the Complaint, he remains concerned because of the frequency of the children's movement back and forth between the homes. Father acknowledges that the children are not actually suffering in school at this time. Father always felt that Mother had a problem with drinking, 1- 1 NO. 06-6144 CIVIL TERM which has worsened since her father passed away. Father also calls Mother's judgment into question because she allows the children to be around an adult named Carolyn who could not find the parties' son when they were away in North Carolina. Father questions Mother's continued willingness to allow the children to have contact with Carolyn because he does not see her supervision of the children as being adequate. Father also complains that Mother isn't giving Jacob's medication to him, as prescribed. Ultimately, Father seeks primary physical custody of the children during the academic year. 4. Mother's position on custody is as follows: Mother resides in Mechanicsburg and is employed at the Office of Chief Counsel Monday through Friday, 9:00 a.m. until 5:00 p.m. The children attend St. Joseph's School in Mechanicsburg. In Mother's view, Father's filing for primary physical custody is responsive to her recent filing of a child support matter. Mother reports that the parties have followed the shared custodial arrangement for less than two years, and that the current schedule was put in place around the time that the parties were addressing an earlier child support arrangement. Mother is willing to continue the schedule as it is, and participate in the evaluation suggested by Father. 5. The parties agreed to a holiday schedule for Christmas, 2006 and to participate in an evaluation with Deb Salem. Among the issues to be addressed in the evaluation are Father's concerns regarding Mother's alleged alcohol use. Father will be paying for the evaluation up front, but reserves the right to petition the Court to allocate the cost of the evaluation later. Both parties reserve the right to pursue primary physical custody at time of hearing. The attached Order contains the parties' agreement as to the Christmas Eve/Christmas Day arrangement and confirms the status quo schedule. Following the completion of the evaluation, the parties will have the option of making a request to the Conciliator to reconvene the Conciliation to explore possibilities of resolving the matter short of hearing. Such request can be made to the Conciliator via fax, without further petition, provided that the request is made within ten (10) days of the receipt of the report from the Evaluator. 6. The parties reached an agreement in th orm f an Order as attached. Date Melissa Peel Greevy, Esquire Custody Conciliator :288094 Darren J. Hoist, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff ) NO. 06-6144 CIVIL TERM V. ) JENNIFER A. FOGARTY, ) CIVIL ACTION - LAW Defendant ) IN CUSTODY MOTION FOR CUSTODY HEARING AND NOW, comes Plaintiff, Charles M. Fogarty, by and through his counsel, Howett, Kissinger, Conley & Hoist, P.C., who hereby files the instant Motion for Custody Hearing and in support thereof avers as follows: 1. Movant is Charles M. Fogarty ("Father"), Plaintiff in the above-captioned custody action. 2. Respondent is Jennifer A. Fogarty ("Mother"), Defendant in the above- captioned custody action. 3. Mother and Father are the biological parents of two minor children, namely, Jacob M. Fogarty, age 13, born December 30, 1993, and Anna E. Fogarty, age 11, born June 17, 1995, both of whom were born from the parties' marriage; Mother and Father are now divorced. 1 4. On October 20, 2006, Father filed a Complaint for Custody seeking primary physical custody of both children. 5. On December 5, 2006, a conciliation conference was held before the appointed conciliator, Melissa P. Greevy, Esquire, and at said conciliation conference the parties agreed to continue with their de facto shared custodial arrangement pending a custody evaluation by Deborah Salem. 6. The parties participated in said custody evaluation with Ms. Salem and on May 3, 2007, Ms. Salem issued her custody evaluation report, in which she recommended a change in physical custody in Father's favor. 7. Despite Ms. Salem's evaluation report, the parties have been unable to resolve amicably the pending custody dispute, thus necessitating a hearing before the Court. 8. The Honorable M.L. Ebert, Jr., has had prior involvement in this case inasmuch as it is he who signed the December 14, 2006 Order of Court adopting the evaluator's report and recommended interim order. 9. Attorney Barbara Sumple-Sullivan, 549 Bridge Street, New Cumberland, Pennsylvania 17070-1931 has acted as Mother's counsel throughout this proceeding. 10. Father believes a full day is needed for a hearing. 11. It is in the best interest of the children that a hearing be scheduled as promptly as possible. 2 WHEREFORE, Plaintiff, Charles M. Fogarty, respectfully requests this Honorable Court enter an order scheduling a hearing on his Complaint for Custody. Respectfully submitted, Date: f w '-` Darren J. H st, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty 3 P. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff ) NO. 06-6144 CIVIL TERM V. ) JENNIFER A. FOGARTY, ) CIVIL ACTION - LAW Defendant ) IN CUSTODY CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Charles M. Fogarty, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion for Custody Hearing was served upon Barbara Sumple-Sullivan, Esquire, counsel for Jennifer A. Fogarty, Defendant, by depositing same in the United States mail, first class, on May 31, 2007, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Date: -- Darren J. Hol ,Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Charles M. Fogarty ri 2 c._. - F ri W _ SZ" r . r W ? ?....., -? C7, -{ JUN 0 6 200T0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, ) Plaintiff ) V. ) JENNIFER A. FOGARTY, 1- ) Defendant ) NO. 06-6144 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2007, upon consideration of Plaintiff's Motion for Custody Hearing, it is hereby ORDERED and DECREED that said Motion is GRANTED. Accordingly, a hearing before the ersigpeds _ scheduled th A7 .1 ob7 J-' day of , 2007 in courtroom # 5 of the Cumberland A)-11 County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. BY THE COURT: A M.L. Ebert, Jr., J. Distribution: o en J. Holst, Esquire, 130 Walnut Street, Harrisburg, PA 17101 .earbara Sumple-Sullivan, Esquire, 549 Bridge St, New Cumberland, PA 17070 4 `,rl`t 'Id ? 1 :6 WV L- HPIP LOOZ nH13© IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, ) Plaintiff ) V. ) JENNIFER A. FOGARTY, ) Defendant ) NO. 06-6144 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY/VISITATION MOTION FOR CONTINUANCE AND NOW, comes Plaintiff, Charles M. Fogarty, by and through is counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Motion for Continuance and in support thereof avers as follows: 1. Movant is Charles M. Fogarty ("Father"), Plaintiff in the above-captioned custody action. 2. Respondent is Jennifer A. Fogarty ("Mother"), Defendant in the above- captioned custody action. 3. In response to Father's Complaint for Custody, the Court, per the Honorable M.L. Ebert, Jr., scheduled a full day custody hearing over the span of two (2) days, i. e., Friday, August 24, 2007 and Monday, August 27, 2007. 4. Judge Ebert's chambers spoke to both counsel in scheduling the hearing; unbeknownst to the undersigned, Father will be in Alaska between August 20, 2007 and September 4, 2007. 5. In light of this, Father is unable to attend the scheduled custody hearing. 6. Neither party will be prejudiced with continuing the action insofar as the parties continue to operate under a preexisting custodial arrangement. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order continuing the scheduled custody hearing, which is presently scheduled for Friday, August 24, 2007, and Monday, August 27, 2007. ctfully submitted, , Date: % /.49 `? ---?` Darren J. Holst, quire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff V. JENNIFER A. FOGARTY, Defendant NO. 06-6144 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY/VISITATION CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Charles M. Fogarty, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion for Continuance was served upon Barbara Sumple-Sullivan, Esquire, counsel for Jennifer A. Fogarty, Defendant, via facsimile and by depositing same in the United States mail, first class, on June 11, 2007, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Date:; Darren J. Holst squire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Charles M. Fogarty t ,. ?i r ?•s ?:... .. Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff ) NO. 06-6144 CIVIL TERM V. ) JENNIFER A. FOGARTY, ) CIVIL ACTION - LAW Defendant ) IN CUSTODYNISITATION AMENDMENT TO MOTION FOR CONTINUANCE AND NOW, comes Plaintiff, Charles M. Fogarty, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Amendment to Motion for Continuance and in support thereof avers as follows: 1. In response to Plaintiff's Complaint for Custody, the Court, per the Honorable M.L. Ebert, Jr., scheduled a full day custody hearing over the span of two days, which date the Court cleared with both counsel. 2. Immediately after clearing said date, the undersigned learned Plaintiff would be in Alaska between August 20, 2007 and September 4, 2007. 3. Therefore, counsel contacted Judge Ebert's chambers again regarding the conflict and was advised a Motion for Continuance would need to be filed. r 4. In light of said directive, counsel filed a motion for continuance. 5. Court Administration has requested an amendment to said motion to provide that opposing counsel, Barbara Sumple-Sullivan, Esquire, does not object to the continuance request. 6. Opposing counsel has no objection to the continuance request. WHEREFORE, Plaintiff respectfully requests this Honorable Court attach this Amendment to his originally filed Motion for Continuance to allow the Court to continue the presently scheduled custody hearing. Respectfully submitted, Date: ?? Darren J. 1st, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff ) NO. 06-6144 CIVIL TERM V. ) JENNIFER A. FOGARTY, ) CIVIL ACTION - LAW Defendant ) IN CUSTODYNISITATION CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Charles M. Fogarty, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Amendment to Motion for Continuance was served upon Barbara Sumple-Sullivan, Esquire, counsel for Jennifer A. Fogarty, Defendant, by depositing same in the United States mail, first class, on June 15, 2007, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Date: Darren J. 12blst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Charles M. Fogarty r?-ti tM` - -= Y G_, ? •-(" _ ?J -? ?=J . y .., NO. 06-6144 CIVIL TERM CIVIL ACTION - LAW IN CUSTODYNISITATION ORDER OF COURT AND NOW, this oOr-*day of %?j . , 2007, upon consideration of Plaintiff's JUN 13 2007,,s/ Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, ) Plaintiff ) V. ) JENNIFER A. FOGARTY, ) Defendant ) Motion for Continuance, it is hereby ORDERED and DECREED that said Motion is GRANTED. Accordingly, the custody hearing scheduled before the undersigned for Friday, August 24, 2007, beginning at 1:30 p.m., and Monday, August 27, 2007, beginning at 11:00 a.m., is hereby CONTINUED until the jam day of 0C5F&6? , 2007 at9.'CL1n1. before the undersigned in courtroom #-5 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. BY THE COURT: M.L. Ebert, Jr, J. Distribution: ,AlarrQn J. Holst, Esquire, P.O. Box 810, Harrisburg, PA 17108 ?ar quire, 549 Bridge Street, New Cumberland, PA 17070-1931 4 1 VNVAWNN?d 9 ! :6 A ZZ Nnr t00t d:'s? tl? p CHARLES M. FOGARTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JENNIFER A. FOGARTY, 06-6144 CIVIL TERM Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, October 12, 2007, following the first day of hearing in the above-captioned case, IT IS HEREBY ORDERED AND DIRECTED that the current custody schedule will be changed to a week on week off schedule beginning this Friday, October 12, 2007. Exchanges are to take place at the homes of the parties no later than 6:00 p.m. each Friday. The receiving party shall provide the transportation. Counsel are directed to submit to the court on or before the close of business on October 17, 2007, a proposed holiday schedule to cover both the Thanksgiving and Christmas holiday. IT IS FURTHER ORDERED AND DIRECTED that Debra Salem perform an update evaluation in this case, to be completed and submitted to this court on or before January 31, 2008. The defendant is directed to pay for this update evaluation. r FINALLY, IT IS ORDERED AND DIRECTED that the next hearing in this case shall be February 11, 2008, at 9:30 a. m. By the Court, /arren J. Holst, Esquire For the Plaintiff M. L. Ebert, Jr., J. arbara Sumple-Sullivan, Esquire For the Defendant mtf S C ? :3 WV 01 130 LOE ]HI ?O CHARLES M. FOGARTY, Plaintiff V. JENNIFER A. FOGARTY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-6144 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of October, 2007, upon consideration of the Stipulation of the Parties regarding custody during the Thanksgiving and Christmas Holiday of 2007, IT IS HEREBY ORDERED AND DIRECTED that the party who does not have custody of the children during the week in which November 22, 2007, and December 25, 2007, falls shall have custody of the children on those days from 11:00 a.m. until 4:00 p.m. The parent obtaining custody at, 11:00 a.m. will provide the transportation for that pick up period. The parent obtaining custody at the conclusion of the 4:00 p.m. period will be responsible for providing transportation for that pick up. By the Court, ?? !, UA M. L. Eber , Jr., J. arren J. Holst, Esquire For the Plaintiff /arbara Sumple-Sullivan, Esquire or the Defendant bas ?IN P; + S :I 1 A 61 100 LOOT 3W40-0311i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, ) Plaintiff ) V. ) JENNIFER A. FOGARTY, ) Defendant ) NO. 06-6144 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MOTION FOR CUSTODY HEARING AND REQUEST FOR STATUS CONFERENCE AND NOW, comes Plaintiff, Charles M. Fogarty, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Motion for Custody Hearing and Request for Status Conference and in support thereof avers as follows: 1. Movant is Charles M. Fogarty ("Father"), Plaintiff in the above-captioned custody action. 2. Respondent'is Jennifer A. Fogarty ("Mother"), Defendant in the above- captioned custody action. 3. Mother and Father are the biological parents of two minor children, namely, Jacob M. Fogarty, born December 30, 1993, and Anna E. Fogarty, born June 17, 1995. 4. On October 20, 2006, Father filed a Complaint for Custody seeking primary physical custody of both children, and Deb Salem performed a comprehensive custody evaluation. 5. On May 3, 2007, Ms. Salem issued her custody evaluation report, and the Court, per the Honorable M.L. Ebert, Jr., conducted hearing on October 12, 2007. 6. As the trial did not finish on that day, the Court continued the matter to February 11, 2008 and directed Ms. Salem to perform an updated evaluation at Mother's cost. 7. On or about February 1, 2008, Ms. Salem issued her updated evaluation report. 8. On the eve of the February 11' trial, the parties reached a tentative agreement, and counsel requested the Court continue the February 11 ch hearing to permit preparation and execution of a stipulated custody order. 9. Father's counsel prepared a custody stipulation and, despite numerous discussions between counsel, and the modifications of the stipulation, the parties have reached an impasse that prevents finalization. 10. As the parties have been unable to execute a forma custody stipulation to be entered as an Order of Court, Father hereby requests the Court reschedule the custody hearing previously scheduled for February 11, 2008. 11. Attorney Barbara Sumple-Sullivan, of 549 Bridge Street, New Cumberland, Pennsylvania 17070-1931 has acted as Mother's counsel throughout this proceeding. 12. It is in the best interests of the children that this matter be finalized with a hearing scheduled as promptly as possible. 13. Pursuant to Rule 1930.7 of the Pennsylvania Rules of Civil Procedure, a Court may schedule a status conference at anytime in order to "review the case status and expedite the litigation." 2 14. Father believes and therefore avers, a status conference may assist greatly in breaking the impasse thereby resolving all matters without the need for further hearing. WHEREFORE, Plaintiff, Charles M. Fogarty, respectfully requests this Honorable Court enter an order directing the following: (a) That the custody hearing previously scheduled for February 11, 2008 be rescheduled for a full day hearing at the Court's earliest availability; and (b) That the Court schedule a status conference as soon as possible. Respectfully submitted, Date: j ILk-- Darren J. Hol t, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Charles M. Fogarty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff V. JENNIFER A. FOGARTY, Defendant NO. 06-6144 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Charles M. Fogarty, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion for Custody Hearing and Request for Status Conference was served upon Barbara Sumple-Sullivan, Esquire, counsel for Jennifer A. Fogarty, Defendant, by depositing same in the United States mail, first class, on June 11, 2008, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Date: CU 0 -D Darren J. Hold, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Charles M. Fogarty C? ? T1i?^s f + Q C O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff V. JENNIFER A. FOGARTY, Defendant NO. 06-6144 - CIVIL TERM CIVIL ACTION - LAW IN CUSTODY/VISITATION STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER THIS STIPULATION is made this day of , 2008, by and between CHARLES M. FOGARTY (hereinafter "Father"), of Cumberland County, Pennsylvania, and JENNIFER A. FOGARTY (hereinafter "Mother"), of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, the parties hereto, former husband and wife, are the biological parents of Jacob M. Fogarty, born December 30, 1993, and Anna E. Fogarty, born June 17, 1995; WHEREAS, pursuant to a Marital Settlement Agreement dated September 16, 2001, the parties have heretofore shared physical and legal custody of their minor children on an equal basis; WHEREAS, on October 20, 2006, Father filed a Complaint for Custody in the Court of Common Pleas of Cumberland County, at the above-captioned action number, in which he sought primary physical custody of the minor children; WHEREAS, the parties participated in a custody evaluation performed by Deborah L. Salem of Interworks, the costs of which were paid by Father, during which Ms. Salem investigated concerns of Mother's alcohol use around the children; WHEREAS, on May 3, 2007, Ms. Salem issued her evaluation report, in which she recommended, inter alia, that Mother attend outpatient counseling related to her use of alcohol and her management of long term anxiety as it effects her parenting decisions; WHEREAS, a hearing was held before the Honorable M. L. Ebert, Jr., on October 12, 2007, on Father's complaint for custody, which proceeding was continued to February 11, 2008 for a second day of hearing; WHEREAS, following the October 12, 2007 first day proceeding, the Court entered an Order directing both that the parties share physical custody of the children pursuant to week- on/week-off arrangement and that Ms. Salem perform an updated evaluation, the costs of which were to be borne by Mother; WHEREAS, on February 1, 2008, Ms. Salem issued her updated evaluation report, in which she recommended, inter alia, a continuation of the shared physical custody arrangement ordered by the Court and the resumption of counseling for Mother; WHEREAS, the parties are desirous of entering into this Stipulation to specifically settle the issues of legal and physical custody of their minor children, as well implement the recommendations of Ms. Salem, without the necessity of continued formal court intervention; WHEREAS, it is the intention of the parties to have this Stipulation entered as an Order of Court to obviate the need for the continued February 11, 2008 hearing; NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, covenant and agree as follows: 2 1. Legal Custody. The parties shall share legal custody of their children, legal custody being defined as the right to make major decisions affecting the best interests of the children, including, but not limited to, medical, religious, moral, educational and general parenting decisions. The parties agree to discuss and consult with one another with a view towards adopting a harmonious policy calculated to promote the children's best interests. Each party shall have the right to be kept informed of the children's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the children from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of reports, notices or other communications given to either parent. To effectuate the parties' intent in this regard, each party agrees to execute any and all documents necessary upon presentation thereof to facilitate the exchange of information to the other parent directly from the appropriate doctor, dentist, teacher, treatment institution or similar authority. Each parent shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. Each party agrees to provide the other with notice of all of the children's extracurricular activities, school or otherwise, promptly after learning of such events. 2. Physical Custody. Mother and Father shall continue to share physical custody of the children on an equal basis pursuant to the week-on/week-off schedule established by the Court in its October 12, 2007 Order. Custody exchanges shall occur on Fridays at 6:00 p.m. 3 3. Children's Summer Vacation. During the children's summer vacation from school, the general week-on/week-off schedule shall continue. Any vacations taken by either party shall occur on that party's scheduled week of custody unless the other party agrees to modify the custody schedule. The parties shall take into account the children's best interests when modifying the schedule to accommodate established travel plans, reservations or other matters related to a scheduled vacation. 4. Easter. The parties agree to share the Easter holiday, which shall take precedence over the regular schedule. The parent who does not have custody of the children for the week in which Easter falls shall have custody of the children from 11:00 a.m. to 4:00 p.m. on Easter Sunday. 5. Thanksgiving. The parties agree to share the Thanksgiving holiday, which shall take precedence over the regular schedule. The parent who does not have custody of the children for the week in which Thanksgiving falls shall have custody of the children from 11:00 a.m. to 4:00 p.m. on Thanksgiving. 6. Christmas. The parties agree to share the Christmas holiday, which shall take precedence over the regular schedule. The parent who does not have custody for the week in which Christmas falls shall have custody of the children from 11:00 a.m. to 4:00 p.m. on Christmas Day. 4 7. Children's Activities. Each party shall ensure the children participate in all regular scheduled activities during his or her periods of custody. If the designated time for pick-up or return of the children occurs during a scheduled activity, then pick-up or return shall occur at the activity. Mother and Father agree to provide each other advance notice of all scheduled activities, and the parties agree to consult with one another regarding the scheduling of activities before enrolling the children in any such activities. 8. Transportation. Unless the parties agree otherwise, the parties shall share transportation equally with the party obtaining custody responsible for transportation. 9. Disparaging Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other party either directly to the children or in the presence of the children. Likewise, the parties shall ensure that third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the children or in the presence of the children. 10. AlcohoWontrolled Substances. During any periods of custody, the parties shall not possess or use any controlled substances, and neither party shall consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure that other household members or guests comply with these prohibitions when around the children. Presently Mother is abstaining from alcohol while she has custody of the children as part of her therapy. If in the future Mother ceases her abstention from alcohol when she has custody of the children, Ms. Salem will be notified, and she will then notify Father in writing, which notification shall occur before Mother begins to consume alcohol when she has custody of the children. Ms. Salem reserves the right, if necessary, in order to protect the children, to establish a corrective intervention directly with Jennifer and therapist which would only include advising outside parties that the children are endangered. 11. Telephone/Address. Each party shall keep the other apprised of his or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody and control of the other party. Neither party shall unreasonably restrict the other party's access to the children by telephone or e- mail. 12. Notification. If either parent is going to be away overnight from their home with the children for three consecutive overnights or longer, that parent shall provide notice to the other parent as to the location of the children and a number where they can be reached. Notice shall be given at least forty-eight (48) hours in advance of the overnight travel. 13. Mother's Ongoing Therapy. Mother agrees to resume her outpatient counseling with Rod Benner, MS, related to her use of alcohol and her management of long term anxiety as it effects her parenting decisions, as well as any other issues identified as part of the custody evaluation or by Mr. Benner, and Mother agrees to abide by all recommendations of Mr. Benner. Mother further agrees to attend counseling specifically focused on addressing how her alcohol usage impacts on her relationship with her children unless Mr. Benner recommends otherwise. Further, Mother will enroll in a group at Mazzitti and Sullivan selected by Mr. Benner to assist Mother in her ongoing outpatient counseling. Mother shall be solely responsible for all costs and expenses associated with her ongoing therapy. Mr. Benner shall have the ability to speak to Ms. Salem during the course of Mother's therapy. 6 14. Periodic Updates with Ms. Salem. The parties agree that Mr. Benner will provide Ms. Salem with periodic updates of Mother's therapeutic progress, the frequency of which shall be determined collectively by Ms. Salem and Mr. Benner. Additionally, Ms. Salem shall conduct periodic follow-up meetings with Mother (and the minor children, if Ms. Salem deems appropriate) to permit Ms. Salem to gauge Mother's ongoing therapeutic progress. The frequency of such visits shall be determined by Ms. Salem, and Mother shall be solely responsible for all fees and costs charged by Ms. Salem for her ongoing periodic updates. 15. Future Custody Evaluations. If, at anytime in the future, a proceeding is brought before this Court, or any other court that has jurisdiction, asserting Mother's failure to abide by this Stipulation or to follow the recommendations of Ms. Salem or Mr. Benner, and Ms. Salem or another custody evaluator is appointed or retained to provide the Court with an updated custody evaluation, Mother shall be solely responsible for all costs and expenses associated with the custody evaluation performed by Ms. Salem or another custody evaluator. 16. Reimbursement for Evaluation Costs. The parties agree Mother will reimburse Father the amount of One Thousand Five Hundred Dollars ($1,500.00), representing a portion of Father's costs for the initial evaluation by Ms. Salem, which reimbursement shall be effectuated at the rate of Fifty Dollars ($50.00) per month for thirty (30) months payable on or before the fifteenth (15`h) of each month. Payments shall commence July 15, 2008. In order to accomplish the reimbursement, Mother and Father shall cooperate in establishing a direct deposit of the monthly payment from Mother's bank account into Father's bank account. If Mother fails to make a monthly payment within ten (10) days after the fifteenth (15`h) of any given month, the entire amount then due and owing shall become payable in full in a lump sum. Said lump sum shall be paid within ten (10) day of formal demand by Father or his appointed agent. 17. Jacob's ADHD Medication. Mother and Father acknowledge that Jacob is presently taking medication for ADHD. The parents agree that Jacob's ADHD medication shall be dispensed by his school. Mother and Father shall coordinate with the appropriate school officials to ensure that the necessary medication regimen is established with the school nurse or health office and appropriately implemented. 18. Entry of Court Order. The parties agree the terms and provisions of this Stipulation shall be entered as an Order of Court. IN WITNESS WHEREOF, the parties acknowledge their agreement to the above terms as of the day and date written above. Ic- 8 COMMONWEALTH OF PENNSYLVANIA COUNTY OF `` J Al ,p ; BEFORE ME, the undersigned authority, on this day personally appeared CHARLES M. FOGARTY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of u F4 , 2008. Notary Public in d for Commonwealth of Pennsylvania Typed or printed name of Notary: rJC71^ y+C (J - ?i. c ?-C My commission expires: ,NNS'1LIIMIA Md141EAL1R OF NOTARKa I 'r canly or Cuff rc?ssmwlfi 2012 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF N?ft(" BEFORE ME, the undersigned authority, on this day personally appeared JENNIFER A. FOGARTY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE th' y day of _ jq KL , 2008. Votary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: ZVZO-CM &M My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara Sumple-Sullivan, Notary Public New Cumberland Boro, Cumberland County My Commission E)pires. Nov. 15, 2011 Member, Pennsylvania Association of Notaries 10 P ? a Zo 'SUN 0 200$ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES M. FOGARTY, Plaintiff ) NO. 06-6144 - CIVIL TERM V. ) JENNIFER A. FOGARTY, ) Defendant ) CNE- ACTION - LAW IN CUSTODY/VISITATION ORDER OF COURT AND NOW, this ST day of j.3 l N -9 2008, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for E Upon Custody are incorporated herein and hereby made a fin retry of Agreed al Order of Court. BY THE COURT: Distribution: U Z rren J. Holst Esquire, P.O. Box 810, Hamsburg, PA 17108, (717 234-61 Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland P 6 (717) 774-1445 A 17070-1931, es 7 i/vg rn'a I LCL f £ . kid i - ink' $002 A8ViQ 4?'J-a t0dd Hi iG - IJ ?s r mu