HomeMy WebLinkAbout06-6654JENNIFER MOCK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ERIC FORBES,
V.
Defendant
No. ?? - ?oLS 1
CIVIL ACTION -LAW
CUSTODY
COMPLAINT IN CUSTODY
Oic)tCl"_
AND NOW, the Plaintiff, Jennifer Mock, by and through her attorney, Jeanne B.
Costopoulos, Esquire, makes the following Complaint in Custody:
1
2
3
The Plaintiff, Jennifer Mock, is an adult individual who currently resides at101
Lighthouse Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
The Defendant, Eric Forbes, is an adult individual who currently resides at 124
Richardson Road, Middletown, Dauphin County, Pennsylvania, 17057.
The Plaintiff seeks shared legal and primary physical custody of the following children:
Name
Makayla Forbes
Jenae Forbes
Present Residence
101 Lighthouse Drive
Mechanicsburg, PA 17050
101 Lighthouse Drive
Mechanicsburg, PA 17050
Age
2 1/2 years
DOB 2/24/2004
1 year
DOB 8/17/2005
4. The children are presently in the custody of their biological mother, Plaintiff Jennifer
Mock, who currently resides at 101 Lighthouse Drive, Mechanicsburg, Cumberland
County, Pennsylvania, 17050.
5
6.
7
8
9
10.
11.
Since birth, the children have resided with the following persons at the following address:
Persons Address Dates
Plaintiff 101 Lighthouse Road 11/06 to
Mechanicsburg, PA 17050 present
Plaintiff 101 Lighthouse Road 5/06 to
Defendant Mechanicsburg, PA 17050 10/06
Plaintiff 110 Boston Court birth to
Defendant Mechanicsburg, PA 17050 5/06
The natural mother of the children is Jennifer Mock, Plaintiff, currently residing at101
Lighthouse Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The
natural father of the children is Eric Forbes, Defendant, currently residing at 124
Richardson Road, Middletown, Dauphin County, Pennsylvania, 17057.
The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff
currently resides with the subject children.
The relationship of the Defendant to the children is that of natural father. It is not known
by Plaintiff with whom Defendant resides.
Plaintiff has not participated as a party or witness, or in another capacity, in any other
litigation concerning the custody of the children in this or another court.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the children or claims to have physical custody or visitation rights with respect
to the children.
The best interests and permanent welfare of the children will be served by granting the
relief requested because:
a. Plaintiff is the natural mother of the children.
b. Plaintiff has established a close maternal relationship with the children and
has been the children's primary caretaker since birth.
C. Plaintiff can provide a stable, nurturing environment for the children.
12. 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. No
other persons are known to have or claim a right to custody or visitation of the children to
be given notice of the pendency of this action and the right to intervene.
WHEREFORE, Plaintiff respectfully requests that she be granted shared legal and
primary physical custody of the parties' children.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
By:
JEANNE B. COSTOPOULOS, ESQU
Attorney I.D. No. 68735
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Plaintiff
Dated: //le/200, C
JENNIFER MOCK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No.
ERIC FORBES, : CIVIL ACTION -LAW
Defendant : CUSTODY
VERIFICATION
I, Jennifer Mock, Plaintiff, hereby verify that the statements made in the foregoing
Complaint in Custody are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Date: 9 fi( r)1 Signature: J1'M1V2;)'A
fifer ock
Azz
r' ? 4
JENNIFER MOCK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. C? - l._ I v C????L
ERIC FORBES, CIVIL ACTION -LAW
Defendant CUSTODY
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, come the parties, Jennifer Mock, Plaintiff, and Eric Forbes, Defendant, and
respectfully request the following Stipulation to be entered as an order of court:
WHEREAS the parties, Jennifer Mock ("Mother" hereinafter) and Eric Forbes ("Father"
hereinafter), have born to them two (2) children, namely Makayla Forbes, born February 24,
2004, and Jenae Forbes, born August 17, 2005 ("the children" hereinafter); and
WHEREAS, the parties are currently living separate and apart; and
WHEREAS, both parties desire to enter into a comprehensive custody stipulation and
agreement setting forth the physical and legal custody arrangements for the children; and
WHEREAS, both parties have been provided an opportunity to review this Stipulation
with the counsel of their choice prior to signing.
THEREFORE, in consideration of the mutual covenants, promises, and agreements as
hereinafter set forth, and intending to be legally bound, the parties agree as follows:
1. Legal Custody: The parties shall share legal custody of the children.
2. Physical Custody: Mother shall have primary physical custody of the children. Father
shall have visitation of the children, supervised by Mother (or by maternal grandmother,
Chrstine Mock, if Mother is unavailable), at such times as the parties may mutually agree,
for a minimum of once per week for three (3) hours.
3. Holidgys and Vacation: Father shall have visitation of the children, supervised by Mother
(or by maternal grandmother if Mother is unavailable), for six (6) hours on Christmas
Eve, six (6) hours on Labor Day, six (6) hours on the Fourth of July, and six (6) hours on
Father's Day. Father shall also have visitation of the children, supervised by Mother or
maternal grandmother, for three (3) hours on each of the children's birthdays.
4. Prohibitions: Neither Angelique Tingler nor any member of her family shall be present
during any of Father's periods of visitation with the children.
5. Unavailiablity, Disability or Death of Mother: If Mother is unavailable due to military
obligations or otherwise, or if she becomes disabled, or in the event of Mother's death,
the parties agree the maternal grandmother of the children, Christine Mock, of Millmont,
Union County, shall be given in loco parentis status and shall be granted immediate
physical custody of the children subject to Father's periods of visitation, which shall be
supervised by maternal grandmother. In such case, Father specifically waives his right to
argue that maternal grandmother does not have standing to sustain her own separate
action for primary physical custody of the children or maintain any action previously
initiated by Mother.
6. Address and Phone Numbers of Parties: Both Father and Mother must keep each other
informed of any changes of address or change of phone number. Any changes in address
or phone number shall be immediately forwarded to the other party.
7. Modification: Any of the provisions of this Stipulation may only be modified or deleted
upon mutual written agreement of both parties or by subsequent Order of Court.
8. Supersedeas of Prior Court Orders: This Stipulation, once signed, shall supersede all
prior Court Orders, Stipulations, or Agreements. It is the intention of the parties that this
Agreement be binding and enforceable and that it survive the death of either party.
Therefore, in the event of Mother's death, the terms of this order would still be binding
and enforceable as to Father's custody and visitation rights.
WHEREFORE, the parties, intending to be legally bound, and with the desire that this
Stipulation be entered as an order of court at the request of either party, hereby set their hands
and seals and the date of their acknowledgment.
Date: ?D /74V_ Signature: 0 6 nnifer ock ) 179 6k
A
Date: 1,9,4),v Signature:
Eric Forbes
COMMONWEALTH OF PENNSYLVANIA)
SS:
COUNTY OF
On this, the ,ZO day of f , 2006, before me, a Notary Public, the
undersigned officer, personally appeared Jennifer Mock, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the foregoing Property Settlement Agreement and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
tary ublic
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JAMES E. GREEN, Notary Public
Camp Hill Boro, Cumberland County
My 9 nmisSion Expires June 6. 2009
COMMONWEALTH OF PENNSYLVANIA)
SS:
COUNTY OF 61alV - )
On this, the / day of/f/0 , 2006, before me, a Notary Public, the
undersigned officer, personally appeared Eric Forbes, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the foregoing Property Settlement Agreement and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
' cut y7
{
NOV 212006
JENNIFER MOCK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY:, PENNSYLVANIA
V. No.
I
ERIC FORBES, CIVIL ACTION -LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, this day of , 2006, upon consideration of the
attached Stipulation for an Agreed Order of Custody which is incorporated herein by reference,
IT IS HEREBY ORDERED AND DECREED that said Stipulation is hereby are hereby approved
and adopted as an Order of Court with full weight and effect as if it had been set forth in full
hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter
are hereby vacated.
J.
Z ?
?Hi K)
Max J. Smith, Jr., Esquire
Attorney I.D. #32114
Jarad W. Handelman, Esquire
Attorney I.D. #82629
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail: mjs@jsdc.com
JENNIFER MOCK,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
ERIC FORBES,
Defendant/Petitioner
NO. 06-6654 Civil Term
CIVIL ACTION -LAW
CUSTODY
PETITION TO MODIFY CUSTODY
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW comes the Defendant/Petitioner, ERIC FORBES, by his attorney, MAX J.
SMITH, JR., Esquire, and respectfully represents the following:
1. Defendant/Petitioner is ERIC FORBES (hereinafter referred to as "Father"), who
resides at 3521 September Drive, Apt. 6, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Plaintiff/Respondent is JENNIFER MOCK (hereinafter referred to as "Mother"),
who resides at 101 Lighthouse Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Plaintiff and Defendant are not married and are the parents of two (2) children,
MAKAYLA L. FORBES, born February 24, 2004 and JENAE C. FORBES, born August 17,
2005.
4. Pursuant to an agreement of the parties, an Order was issued on November 27,
2006 by the Honorable Edward E. Guido granting the parties shared legal custody with respect to
the minor children, and granting Mother primary physical custody and setting forth a schedule of
Father's partial custody. (See copy of Order marked Exhibit "A", attached hereto and made part
hereof).
5. The minor children have resided at 101 Lighthouse Drive, Mechanicsburg,
Pennsylvania with Mother for the past five (5) years.
6. The best interests and welfare of the minor children would be served by placing
partial physical and shared legal custody of the children with Petitioner on an unsupervised and
consistent basis.
7. Defendant does not have any information of any custody proceeding
concerning said minor children in any court in Pennsylvania or any other state, other than
the heretofore referenced proceedings entered to the within term and number.
8. Defendant has not participated as a party, witness or otherwise in any other
litigation concerning the custody of said minor children in Pennsylvania or any other State, other
than the hereto referenced action.
9. Defendant does not know of any person not a party to these proceedings who has
physical custody of the said minor children or who claims to have custody or visitation rights
with respect to them.
WHEREFORE, Petitioner respectfully prays that your Honorable Court direct that the
Order of Court dated November 27, 2006 be modified as herein suggested, or as otherwise
determined to be in the best interests of the child.
Date: February ?' , 2009
Respectfully submitted,
1?
l
MAX J. SMITH, JR., Esquire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I verify that the statements made in this Petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unsworn falsification to authorities.
NOV 212006 /
JENNIFER MOCK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No.
ERIC FORBES, CIVIL ACTION -LAW
Defendant CUSTODY
ORDER OF COURT
AND NOW, this 7 day of '1'4? , 2006, upon consideration of the
attached Stipulation for an Agreed Order of Custody which is incorporated herein by reference,
IT IS HEREBY ORDERED AND DECREED that said Stipulation is hereby are hereby approved
and adopted as an Order of Court with full weight and effect as if it had been set forth in full
hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter
are hereby vacated.
J.
TRUE CORY FW) RECORD
In Testimony ' set my
a e sea{ a '.le, PIL
JENNIFER MOCK, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. C? - ?I u C...?C/L
ERIC FORBES, CIVIL ACTION -LAW
Defendant CUSTODY
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, come the parties, Jennifer Mock, Plaintiff, and Eric Forbes, Defendant, and
respectfully request the following Stipulation to be entered as an order of court:
WHEREAS the parties, Jennifer Mock ("Mother" hereinafter) and Eric Forbes ("Father"
hereinafter), have born to theirs two (2) children, naively Makayla Forbes, born February 24,
2004, and Jenae Forbes, born August 17, 2005 ("the children" hereinafter); and
WHEREAS, the parties are currently living separate and apart; and
WHEREAS, both parties desire to enter into a comprehensive custody stipulation and
agreement setting forth the physical and legal custody arrangements for the children; and
WHEREAS, both parties have been provided an opportunity to review this Stipulation
with the counsel of their choice prior to signing.
THEREFORE, in consideration of the mutual covenants, promises, and agreements as
hereinafter set forth, and intending to be legally bound, the parties agree as follows:
1. Legal Custody. The parties shall share legal custody of the children.
2. Physical Custody: Mother shall have primary physical custody of the children. Father
shall have visitation of the children, supervised by Mother (or by maternal grandmother,
Chrstine Mock, if Mother is unavailable), at such times as the parties may mutually agree,
for a minimum of once per week for three (3) hours.
Holidays and Vacation: Father shall have visitation of the children, supervised by Mother
(or by maternal grandmother if Mother is unavailable), for six (6) hours on Christmas
Eve, six (6) hours on Labor Day, six (6) hours on the Fourth of July, and six (6) hours on
Father's Day. Father shall also have visitation of the children, supervised by Mother or
maternal grandmother, for three (3) hours on each of the children's birthdays.
4. Prohibitions: Neither Angelique Tingler nor any member of her family shall be present
during any of Father's periods of visitation with the children.
5. Unavailiablity, Disability or Death of Mother: If Mother is unavailable due to military
obligations or otherwise, or if she becomes disabled, or in the event of Mother's death,
the parties agree the maternal grandmother of the children, Christine Mock, of Milhnont,
Union County, shall be given in loco parentis status and shall be granted immediate
physical custody of the children subject to Father's periods of visitation, which shall be
supervised by maternal grandmother. In such case, Father specifically waives his right to
argue that maternal grandmother does not have standing to sustain her own separate
action for primary physical custody of the children or maintain any action previously
initiated by Mother.
6. Address and Phone Numbers of Parties: Both Father and Mother must keep each other
informed of any changes of address or change of phone number. Any changes in address
or phone number shall be immediately forwarded to the other party.
7. Modification: Any of the provisions of this Stipulation may only be modified or deleted
upon mutual written agreement of both parties or by subsequent Order of Court.
8. Supersedeas of Prior Court Orders: This Stipulation, once signed, shall supersede all
prior Court Orders, Stipulations, or Agreements. It is the intention of the parties that this
Agreement be binding and enforceable and that it survive the death of either party.
Therefore, in the event of Mother's death, the terms of this order would still be binding
and enforceable as to Father's custody and visitation rights.
WHEREFORE, the parties, intending to be legally bound, and with the desire that this
Stipulation be entered as an order of court at the request of either party, hereby set their hands
and seals and the date of their acknowledgment.
Date: /70 Signature: 0
6 nnifer ock
Date: lO 4211.1 Signature: _ ?-
Eric Forbes
w
COMMONWEALTH OF PENNSYLVANIA)
SS:
COUNTY OF
On this, the ,?2 day of 2006, before me, a Notary Public, the
undersigned officer, personally appeared Jennifer Mock, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the foregoing Property Settlement Agreement and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
tary ublie
t;OMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JAMES E. GREEN, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires June 6. 2009
COMMONWEALTH OF PENNSYLVANIA)
SS:
COUNTY OF
On this, the Z day of/Jy , 2006, before me, a Notary Public, the
undersigned officer, personally appeared Eric Forbes, known to me (or satisfactorily proven) to
be the person whose name is subscribed to the foregoing Property Settlement Agreement and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
%#%jM m,rywtlu.1M OF PE NSYLVANIA
NOTARIAL FMY'Toinmission MES E. GR2P N, Notary Public
Hill Boroumberland County
ires ,tune la, 2009
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JENNIFER MOCK IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ERIC FORBES
DEFENDANT
2006-6654 CIVIL ACTION LAW
. IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, March 03, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at_ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 09, 2009 at 10:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ john. Man an r. 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
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APR 212008,
JENNIFER MOCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 06-6654 CIVIL ACTION LAW
ERIC FORBES, IN CUSTODY
Defendant
Prior Judge: Edward E. Guido, J.
ORDER OF COURT
AND NOW this A foday of April 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. Legal Custody: The Father, Eric Forbes, and the Mother, Jennifer Mock, shall have shared
legal custody of Makayla L. Forbes, born 02/24/2004 and Jenae C. Forbes, born 08/17/2005.
The parties shall have an equal right 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.
3. Physical Custody: Mother shall have primary physical custody of the Children subject to
Father's physical custody as follows:
a. Commencing 4/18/09, Father shall have physical custody of the Children every
other weekend from 12:00 pm Saturday until 5:00 pm Sunday.
b. Commencing 5/15/09, Father shall have physical custody of the Children every
other weekend from Friday 6:00 pm until Sunday at 5:00 pm.
C. Father shall have physical custody of the Children every Wednesday evening
from 6:00 pm until 8:00 pm.
d. The custody exchanges shall occur at the Giant parking lot in Camp Hill, PA
absent mutual agreement otherwise. There shall be a twenty (20) minute
window after the designated exchange time and if the party that is to be picking
up the Children fails to show up without adequate notice of being late, the party
that has custody of the Children shall retain the Children until the next
designated exchange time.
e. Father shall have physical custody of the Children at such other times as the
parties may mutually agree.
4. Counseling: The parties have agreed, and are directed, to engage in therapeutic family
counseling with a mutually-agreed upon professional. Mother has agreed, and is directed, to
initiate said counseling in a timely manner. The cost of said counseling, after appropriate
payment through insurance, shall be split equally between the parties.
1'
5. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis.
6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon. The other holidays shall be addressed at the status conference on July 21, 2009.
7. Neither parry may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other parry. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
8. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10. A status update conference with the assigned conciliator is hereby scheduled for July 21, 2009
at 10:00 am at the Cumberland County Court of Common Pleas in Carlisle, PA 17013.
11. This Order is entered pursuant to 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.
By ourt
J.
istribution:
vid E. Cook, Esq., 110 South Northern Way, York, PA 17402
Smith, Jr., Esquire, P.O. Box 650, Hershey, PA 17033
ohn J. Mangan, Esquire
0-Of gFS m..-LILl,
All
0C .£ Wd LZ ddb 60OZ
?; ;last.'-Ct?l?
HOLIDAYS AND
SPECIAL DAYS THIAES EVEN YEARS ODD
YEARS
Easter Day 1 s Half From 9 am until 3 pm (Father agreed
for 2009 to let
Mother have
this Sunda
Easter Da 2° Half From 3 m until 9 m
Memorial Da From 9 am until 9 m Mother Father
Independence Da From 9 am until 9 m Father Mother
Mother's Da From 9 am until 9 m Mother Mother
Father's Da From 9 am until 9 m Father Father
JENNIFER MOCK,
Plaintiff
V.
ERIC FORBES,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-6654 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUM[ IARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL. PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Makayla L. Forbes 02/24/2004 Primary Mother
Jenae C. Forbes 08/17/2005 Primary Mother
2. A Conciliation Conference was held with regard to this matter on April 09, 2009 with the
following individuals in attendance:
The Mother, Jennifer Mock, with her counsel, David Cook, Esq.
The Father, Eric Forbes, with his counsel, Max Smith, Jr., Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date Jo gar, Esquire
C tod Conciliator
AUG 1 12009 &y
JENNIFER MOCK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 06-6654 CIVIL ACTION LAW
ERIC FORBES, IN CUSTODY
Defendant
Prior Judge: Edward E. Guido, J.
ORDER OF COURT
AND NOW this 11 ? `day of August 2009, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders entered in this matter are hereby VACATED and replaced with this Order.
2. Legal Custody: The Father, Eric Forbes, and the Mother, Jennifer Mock, shall have shared
legal custody of Makayla L. Forbes, born 02/24/2004 and Jenae C. Forbes, born 08/17/2005.
The parties shall have an equal right 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.
3. Physical Custody: Mother shall have primary physical custody of the Children subject to
Father's physical custody as follows:
a. Commencing 4/18/09, Father shall have physical custody of the Children every
other weekend from 12:00 pm Saturday until 5:00 pm Sunday.
b. Commencing 5/15/09, Father shall have physical custody of the Children every
other weekend from Friday 6:00 pm until Sunday at 5:00 pm.
C. Father shall have physical custody of the Children every Wednesday evening
from 6:00 pm until 8:00 pm.
d. The custody exchanges shall occur at the Giant parking lot in Camp Hill, PA
absent mutual agreement otherwise. There shall be a twenty (20) minute
window after the designated exchange time and if the party that is to be picking
up the Children fails to show up without adequate notice of being late, the party
that has custody of the Children shall retain the Children until the next
designated exchange time.
e. Each parent shall discuss with the other the Children's extra-curricular activities
and make sure that each is aware of times and locations. The parent that is
exercising physical custody shall ensure that the Children attend their extra-
curricular activities.
f. Father shall have physical custody of the Children at such other times as the
parties may mutually agree.
b
4. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable
basis. All missed phone calls from either parent shall be returned promptly and the non-
custodial parent shall have at least one phone call with the Children daily.
5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon.
6. Mother shall have two non-consecutive weeks of vacation with the Children per year. Father
shall have three non-consecutive weeks with the Children during the summer; one week in
June, one week in July and one week in August. Each parent shall schedule their vacation to
include their respective weekends. The requesting parent shall give the other parent 30 days
advance notice of the requested time and this vacation week shall supersede the regular
physical custody schedule. In the event the parties schedule conflicting vacations, the party
first providing written notice shall have the choice of vacation. Prior to departure, the parties
will provide each other with information regarding the intended vacation destination and a
telephone number at which they can be reached during their vacation. The parties may expand
this vacation time by mutual agreement.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Children from the other party, or injure the opinion of the Children as to the other
party, or may hamper the free and natural development of the Children's love or affection for
the other party. To the extent possible, both parties shall not allow third parties to disparage
the other parent in the presence of the Children.
8. In the event of a medical emergency, the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10. This Order is entered pursuant to 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.
B e Court,
J.
Distribution:
,J3avid E. Cook, Esq., 110 South Northern Way, York, PA 17402
.,Max Smith, Jr., Esquire, P.O. Box 650, Hershey, PA 17033
,/John J. Mangan, Esquire `•/
HOLIDAYS AND
SPECIAL DAYS TIMES EVEN
YEARS ODD
YEARS
Easter Day 1St Half From 9 am until 3 m Father Mother
Easter Day 2n Half From 3 m until 9 m Mother Father
Memorial Day From 9 am until 9 m Mother Father
Independence Da From 9 am until 9 m Father Mother
Labor Da From 9 am until 9 m Mother Father
Halloween From one hour before trick or
treating to one hour after trick or
treating Father Mother
Thanksgiving From 8 am Thanksgiving Day to 8
m on Thanksgiving Day Father Mother
Christmas 1 St Half From noon on 12/24 to 9:00 pm
12/24 Father Mother
Christmas 2° Half From 9:00 pm on 12/24 to 7:00 pm
12/25 Mother Father
New Year's From 6 pm 12/31 until noon January
1St (with the 12/31 year to control the
even/odd determination) Mother Father
Mother's Da From 9 am until 9 m Mother Mother
Father's Day I From 9 am until 9 m Father Father
JENNIFER MOCK,
Plaintiff
V.
ERIC FORBES,
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06-6654 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Children who are the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custody of
Makayla L. Forbes 02/24/2004 Primary Mother
Jenae C. Forbes 08/17/2005 Primary Mother
2. A Conciliation Conference was held with regard to this matter on April 09, 2009, an Order
issued April 27, 2009 and a conciliation conference was held July 21, 2009 with the following
individuals in attendance:
The Mother, Jennifer Mock, with her counsel, David Cook, Esq.
The Father, Eric Forbes, with his counsel, Max Smith, Jr., Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John J. g , Esquire
Custody onciliator
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