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HomeMy WebLinkAbout06-6426JARRETT J. FERRARI, Plaintiff V. HOLLY L. OWENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CUSTODY/VISITATION COMPLAINT FOR CUSTODY 1. The Plaintiff is Jarrett J. Ferrari, residing at 39 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Holly L. Owens, residing at 636 S. Catherine St., Middletown, Dauphin County, Pennsylvania 17057. 3. Plaintiff seeks custody of the following child: NAME Anthony Joseph James Ferrari PRESENT RESIDENCE AGE DOB 636 S. Catherine St. 6 10/23/00 Middletown, PA 17057 The child was born out of wedlock. The child is presently in the custody of Defendant/Mother, Holly L. Owens, who resides at 636 S. Catherine St., Middletown, PA 17057. During the past five (5) years, the child has resided with the following persons and at the following addresses: NAME RESIDENCE DATE Holly L. Owens, Jarrett J. Ferrari, 39 Colgate Drive 10/23/00- and Zachary Garman (half-brother) Camp Hill, PA 17011 11/30/03 i NAME RESIDENCE DATE Holly L. Owens, Zachary Garman, 207 1/2 E. Locust St. 12/1/03- Gladys Owens (maternal grandmother), Mechanicsburg, PA 17055 7/22/06 and Joseph Owens (maternal grandfather) Holly L. Owens and Zachary Garman 636 S. Catherine St. 7/22/06- Middletown, PA 17057 present The mother of the child is Defendant, Holly L. Owens, currently residing at 636 S. Catherine St., Middletown, PA 17057. She is single. The father of the child is Plaintiff, Jarrett J. Ferrari, currently residing at 39 Colgate Drive, Camp Hill, PA 17057. He is single. 4. The relationship of the Plaintiff to the child is that of Father. The Plaintiff currently resides with the following persons: NAME Pauline Cummings RELATIONSHIP Companion 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Zachary Garman Son Anthony Joseph James Ferrari Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. From birth of the subject child through November 30, 2003, Father and son resided together, and enjoyed a normal, strong, father/son relationship. B. From December 1, 2003 until on or about April 1, 2006, Father has enjoyed regular long weekends of partial custody of the subject child, said periods being on a weekly basis. C. Since on or about April 1, 2006, Father has introduced his female companion into the subject child's life. D. Since on or about April 1, 2006, Defendant/Mother has interfered with Father's strong relationship with the subject child. E. Both Father and Mother should continue to encourage, permit and allow frequent and continuing contact and physical access between the other parent and the child, and which Plaintiff/Father is most likely to encourage, permit and allow. 8. Each parent whose parental rights to the child have not been terminated, and the person who has physical custody of the child, have been named a party to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the child. Date:_ Respectfully submitted, FRIEDMAN & KING, P. C Jo F. King, Esquir;, 6 N. Second Street enthouse Suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff VERIFICATION I, Jarrett J. Ferrari, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; 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 falsification to authorities. rrett J. rari Dated: b ? CY ? Cx rrl. .! roe JARRETT J. FERRARI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLLY L. OWENS DEFENDANT 06-6426 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 08, 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 15, 2006 at 3:00 PM 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. Gree Es q. 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 6- M MMZ ."V ..' SAN 16 2007 „l a JARRETT J. FERRARI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-6426 CIVIL TERM V. HOLLY L. OWENS, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 /7 day of January, 2007, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody: The parties, Jarrett J. Ferrari and Holly L. Owens, shall have shared legal custody of the minor child, Anthony Joseph James Ferrari, born October 23, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 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. 2. Physical Custody: Mother shall have primary physical custody subject to Father's rights of partial custody, which shall be arranged as follows: School Year: A. On the Monday evening following Mother's custodial weekend from after school until 8:00 p.m. However, if the child has the day off school, that Monday Father's custodial period shall begin at 10:00 a.m. rather than after school, and continue until 8:00 p.m.. B. Every Wednesday from after work until 8:00 p.m. C. On alternating weekends, commencing January 12, 2007, from Friday after work until Sunday at 8:00 p.m. N0.06-6426 CIVIL TERM 3. Summer: A. Each parent shall be entitled to two non-consecutive seven (7) day blocks of uninterrupted custody to include the vacationing parent's regular, alternating weekend. 6. Father shall have an additional14 days of time to be exercised in not more than three (3) day segments, if taken adjacent to his custodial weekend. Father will give Mother not less than one week's notice of his intent to use summer custodial time pursuant to this paragraph. C. Father may elect to commence one of the custodial days provided in paragraph 3 on Sunday at 3:00 p.m. on Mother's custodial weekend on not more than four (4) occasions during the summer. In the event that Father elects this option, he shall provide Mother with at least one week's notice. 4. Reasonable telephone contact shall be permitted once daily between the non- custodial parent and the child. The parents are to communicate via e-mail, except in an emergency or if there are short-notice needs to make changes in transportation plans. 5. The child will begin to receive psychotherapy to address his recent emotional challenges and reaction to the loss of his maternal grandfather. 6. Transportation shall be provided by the parent receiving custody. If pre- arranged by telephone, the parties may meet at the residence of the maternal grandmother for custodial exchange. 7. In the event either party is unavailable to provide care for the child during his or her period of custody for more than four (4) hours, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. As long as another adult is present, this paragraph shall not apply to time periods from 11:00 p.m. to 5:00 a.m. The parent who elects to exercise rights pursuant to this paragraph shall provide transportation for the child. In the event that Father is called in for work, he will notify Mother as soon as he is aware that there might be a need for him to go into work. 8. Each parent shall be responsible to take the child to any sports and activities occurring during their custodial time. NO. 06-6426 CIVIL TERM 9. Holidays: Dist: A. The parties will alternate the following holidays, beginning with Mother having custody for Memorial Day, 2007: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. The custodial period time for these holidays shall be from 10:00 a.m. until 8:00 p.m. B. Easter: Each year Mother will have custody for Easter from Saturday at 4:00 p.m. until Sunday at 1:00 p.m. Each year Father shall have custody on Easter Sunday from 1:00 p.m. until 8:00 p.m. C. Mother's Day and Father's Day; Mother shall have custody on Mother's Day. Father shall have custody on Father's Day. The custodial period for these holidays shall be from 10:00 a.m. until 8:00 p.m. D. Christmas: Each year Mother shall have custody for the period from December 24th at 6:00 p.m, until December 25th at 1:30 p.m. Each year Father shall have custody for the period from December 25th at 1:30 p.m. until December 26th at 1:30 p.m. John F. King, Esquire, 600 N. 2nd Street, Fifth Floor, Harrisburg, PA 17101 Carol J. Lindsay, Esquire, 26 W. High Street, Carlisle, PA 17013-2922 .l 1. 23-0"1 Cr, . ' r! '? N JARRETT J. FERRARI, Plaintiff V. HOLLY L. OWENS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6426 CIVIL TERM 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 Anthony Joseph James Ferrari October 23, 2000 Mother 2. Father filed a Complaint for custody on or about November 3, 2006. A Custody Conciliation Conference was originally scheduled for December 15, 2006. By consent of counsel, the matter was continued to January 3, 2007. Present for the conference were: the Mother, Holly L. Owens, and her counsel, Carol J. Lindsay, Esquire; the Father, Jarrett J. Ferrari, and his counsel, John F. King, Esquire. 3. The parties reached an agreement in theform of an Order as attached. - ////"? I - ae Melissa Peel Greevy, Custody Conciliator :290037 JOHN F. KING LAW, P.C. John F. King, Esq. ID #61919 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 (717) 422-5526 FAX info@johnfkinglaw.com JARRETT J. FERRARI, Plaintiff V. HOLLY L. OWENS, Defendant Attorney for Plaintiff IN THE COURT OF COMMON' PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06-6426 : CIVIL ACTION - LAW : CUSTODYNISITATION PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Jarrett J. Ferrari, Plaintiff, in the above-captioned action, and Father of the minor child, with a current address of 7012 Scenic Court, Harrisburg, PA 17111. 2. The Respondent is Holly L. Owens, Defendant in the above-captioned action, and Mother of the minor child, with a current address of 1001 N. Spring Street, Apt. C- 1, Middletown, PA 17057. 3 The Petition of Father respectfully represents that on the 23rd day of January, 2007, an Order of Court was entered for the custody and visitation of the subject minor child, Anthony Joseph James Ferrari (DOB : October 23, 2000), a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. It is believed, and therefore averred, that the Mother is unrepresented. R 5. The Order of January 23, 2007, should be modified because: A. Father and son have a close familial bond and relationship, and son would benefit from increased contact with Father. B. Mother has ignored the Court-ordered joint legal custody, and does initiate and complete medical tests and evaluations without informing Father. C. Father has married and is expecting, and son would benefit from spending more time with his new sibling. D. Father is able to provide son his own bedroom in Father's new home. WHEREFORE, Petitioner requests that the Court modify the existing Order for custody and visitation. Date: QA-0,L- 10, -Ml Respectfully submitted, JOHN F. KING LAW, P.C. 19 S. Hanover Street Suite 103 Carlisle, PA 17013 (717) 258-4343 - Q6?? aj?2W. Jo F. King, Esquire A VERIFICATION I, Jarrett J. Ferrari, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Petition for Modification ofCustody; 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 unworn falsification to authorities. Aarrett Ferrari ?Q?c Dated: JARRETT J. FERRARI, v HOLLY L. OWENS, IN THE COURT OF COMMON PLEAS OF - CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6426 CIVIL TERM CIVIL ACTION - LAW Plaintiff : IN CUSTODY Defendant ORDER OF COURT AND NOW, this -13 day of January, 2007, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody: The parties, Jarrett J. Ferrari and Holly L. Owens, shall have shared legal custody of the minor child, Anthony Joseph James Ferrari, born October 23, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 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. 2. Physical Custody: Mother shall have primary physical custody subject to Father's rights of partial custody, which shall be arranged as follows: School Year: A. On the Monday evening following Mother's custodial weekend from after school until 8:00 p.m. However, if the child has the day off school, that Monday Father's custodial period shall begin at 10:00 a.m. rather than after school, and continue until 8:00 p.m.. B. Every Wednesday from after work until 8:00 p.m. C. On alternating weekends, commencing January 12, 2007, from Friday after work until Sunday at 8:00 p.m. NO. 06-6426 CIVIL TERM 3. Summer: 10, A. Each parent shall be entitled to two non-consecutive seven (7) day blocks of uninterrupted custody to include the vacationing parent's regular, alternating weekend. B. Father shall have an additional14 days of time to be exercised in not more than three (3) day segments, if taken adjacent to his custodial weekend. Father will give Mother not less than one week's notice of his intent to use summer custodial time pursuant to this paragraph. C. Father may elect to commence one of the custodial days provided in paragraph 3 on Sunday at 3:00 p.m. on Mother's custodian weekend on not more than four (4) occasions during the summer. In the event that Father elects this option, he shall provide Mother with at least one week's notice. 4. Reasonable telephone contact shall be permitted once daily between the non- custodial parent and the child. The parents are to communicate via email, except in an emergency or if there are short-notice needs to make changes in transportation plans. 5. The child will begin to receive psychotherapy to address his recent emotional challenges and reaction to the loss of his maternal grandfather. 6. Transportation shall be provided by the parent receiving custody. If pre- arranged by telephone, the parties may meet at the residence of the maternal grandmother for custodial exchange. 7. In the event either party is unavailable to provide care for the child during his or her period of custody for more than four (4) hours, that party shall first' make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the child before contacting third-party caregivers. As long as another adult is -present, this paragraph shall not apply to time periods from 11:00 p.m. to 5:00 a.m. The parent who elects to exercise rights pursuant to this paragraph shall provide transportation for the child. In the event that Father is called in for work, he will notify Mother as soon as he is aware that there might be a need for him to go into work. 8. Each parent shall be responsible to take the child to any sports and activities occurring during their custodial time. NO. 06-6426 CIVIL TERM 9. Holidays: A. The parties will alternate the following holidays, beginning with Mother having custody for Memorial Day, 2007: New Year's Day, Memorial Day, Independence Day, Labor Day and Thanksgiving. The custodial period time for these holidays shall be from 10:00 a.m. until 8:00 p.m. B. Easter: Each year Mother will have custody for Easter from Saturday at 4:00 P.m. until Sunday at 1:00 p.m. Each year Father shall have custody on Easter Sunday from 1:00 p.m. until 8:00 p.m. C. Mother's Dav and "Father's Day; Mother shall have custody on Mother's Day. Father shall have custody on Father's Day. The custodial period for these holidays shall be from 10:00 a.m. until 8:00 p.m. D. Christmas: Each year Mother shall have custody for the period from December 24th at 6:00 p.m. until December 25th at 1:30 p.m. Each year Father shall have custody for the period from December 25th at 1:30 p.m. until December 26th at 1:30 p.m. BY THE COURT: r / &aez6. J. Dist: John F. King, Esquire, 600 N. 2"d Street, Fifth Floor, Harrisburg, PA 17101 Carol J. Lindsay, Esquire, 26 W. High Street, Carlisle, PA 17013-2922 FRUE COPY FROM RFCORU In T Ift 4WM . I here urn aat nyhswd end the am01 1 At CarN, AL ,.,k Amu a.?..Z PrrbtlN?? C, .? .ry 'CO f?` I "^h t C..1 i ?^6 .+y 20 ? VVV R i - - JARRETT J. FERRARI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLLY L. OWENS DEFENDANT 2006-6426 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 25, 2009 , 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 Monday, April 27, 2009 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator VP 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 7- Arpw 9'1 :?, "Id, 9 13114,14 az MAY 0 8 2009 JARRETT J. FERRARI IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-6426 CIVIL ACTION LAW HOLLY L. OWENS Defendant IN CUSTODY ORDER OF COURT cc AND NOW, this 1'2- day of 2009, upon consideration of the attached Custody Conciliation Report, it is ord ed and directed as follows: 1. The prior Order of this Court dated January 23, 2007 shall continue in effect as modified by this Order. 2. The parties shall engage in a course of therapeutic family counseling with Stanley E. Schneider. Any costs of the counseling which are not covered by insurance shall be apportioned between the parties in accordance with the support allocation percentages as determined by the Domestic Relations Office. 3. The parties agree that the Child shall continue to be enrolled at the Seven Sorrows School in Middletown for the 2009-2010 school year. 4. The Mother shall be entitled to pick up the Child on Saturday, May 2, 2009 at 8:00 a.m. so that she can have a period of custody with the Child on the day of his First Communion. The Mother shall transport the Child to the First Communion service. 5. Within six (6) months of the date of this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to review the custodial arrangements. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. CD f s rntItc ? JJ hn F. King, Esquire - Counsel for Father /James G. Nealon, Esquire - Counsel for Mother O1 Q:._ .. am. ,y C\j Ll- JARRETT J. FERRARI Plaintiff VS. HOLLY L. OWENS Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-6426 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anthony Joseph James Ferrari October 23, 2000 Mother 2. A custody conciliation conference was held on April 24, 2009, with the following individuals in attendance: the Father, Jarrett J. Ferrari, with his counsel, John F. King, Esquire, and the Mother, Holly L. Owens, with her counsel, James G. Nealon, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator AUG 2120094 JARRETT J. FERRARI Plaintiff vs. HOLLY L. OWENS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-6426 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 2M day of 2009, upon consideration of the attached Custody Conciliation Report, it i dered and directed as follows: 1. The prior Order of this Court dated January 23, 2007 shall continue in effect as modified by this Order. The prior Order of this Court dated May 12, 2009 is vacated and replaced with this Order. 2. The Father shall have custody of the Child in accordance with the following schedule: A. On alternating weekends, beginning Sunday, September 13, 2009, the Father shall have custody of the Child from Sunday at 12:00 noon through Tuesday morning when the Father shall transport the Child to the Mother's residence no later than 7:30 a.m., unless the Father is not working and the Child does not have school, in which case the Father shall transport the Child to the Mother's residence by 10:00 a.m. In the event the Mother is not planning to take the Child to church on Sunday, the Mother shall contact the Father by the preceding Saturday and the Father's period of custody shall begin on Sunday at 9:30 a.m. so that the Father can take the Child to church. B. During the interim weeks, beginning Friday, September 18, 2009, the Father shall have custody of the Child from Friday after work (not earlier than 10:00 a.m.) through Tuesday morning when the Father shall transport the Child to the Mother's residence no later than 7:30 a.m. If the Father is not working and the Child does not have school, the Father shall transport the Child to the Mother's residence by 10:00 a.m. 3. Paragraph 3 of the January 23, 2007 Order is vacated and replaced with the following: Each parent shall be entitled to have custody of the Child for up to 14 days each year for vacation upon providing at least 30 days advance notice to the other parent. Periods of vacation custody under this provision shall be scheduled to include each parent's full weekend period of custody and shall not exceed 7 consecutive days. Neither parent shall schedule periods of vacation custody to interfere with the other parent's period of holiday custody. 4. In the event either party intends to remove the Child from the United States for any period of time, that parent shall provide at least 45 days advance notice to the other parent. The parties shall cooperate in obtaining a passport for the Child. • 5. In the event either party intends to remove the Child from his or her residence for a vacation period, that parent shall provide the address and telephone where the Child can be contacted to the other parent in advance. 6. The Father shall be responsible to provide transportation for all exchanges of custody unless otherwise agreed between the parties. 7. The Child shall continue to be enrolled at the Seven Sorrows school in Middletown for the 2009-2010 school year unless otherwise agreed. 8. Both parties shall keep each other apprised of their general work schedules on an ongoing basis. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. -401 cc /JT1, ing, Esquire - Counsel for Father F. K ?James G. Nealon, Esquire - Counsel for Mother 4ft JARRETT J. FERRARI Plaintiff vs. HOLLY L. OWENS Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-6426 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Anthony Joseph James Ferrari October 23, 2000 Mother/Father 2. A custody conciliation conference was held on August 17, 2009, with the following individuals in attendance: the Father, Jarrett J. Ferrari, with his counsel, John F. King, Esquire, and the Mother, Holly L. Owens, with her counsel, James G. Nealon, Esquire. 3. The parties agreed to entry of an Order in the form as attached. qt v oZO, o?v `? Date Dawn S. Sunday, Esquire Custody Conciliator or? , , ?. ?,. 2009 AUG 2s AM IJ: 40"'