HomeMy WebLinkAbout93-0023AS OF ~alaslo~
CASE# q3- a3
HAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
JORDAN D. CUNNINGHAM,
Plaintiff
v.
KIMBERLY B. CUNNINGHAM,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 23 CIVIL 1993
CIVIL ACTION -LAW
CUSTODY
MOTION FOR CONTEMPT FOR FAILURE TO COMPLY
WITH CUSTODY ORDER
AND NOW, comes the Plaintiff, Jordan D. Cunningham, pro se Plaintiff, who files this
Motion for Contempt and in support thereof, avers as follows:
1. Your Petitioner is Jordan D. Cunningham. an adult individual who resides at 340
Equus Drive, Camp Hill, York County, Pennsylvania.
2. Your Respondent is Kimberly B. Cunningham, an adult individual who resides at
1713 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania.
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3. On May 19, 1994, the Honorable Wesley Oler entered an Order of Court
regarding custody of the parties' minor children. A true and correct copy of said Order is
attached hereto, made part hereof, is incorporated herein by reference, and marked Exhibit "P-1 ".
4. Over the course of the years, the Petitioner's periods of partial custody with the
minor child, Christopher Cunningham, have been modified by mutual agreement from Tuesday
and Thursday nights to Monday and Wednesday nights until 9:00 p.m.
5. On November 21, 2006, Respondent advised Petitioner that he could have the
right of partial custody of his minor son, Christopher, as scheduled on Wednesday, November 22,
2006 from 6:00 p.m. until 9:00 p.m., which period of partial custody Petitioner has been
exercising for the past twelve (12) years, however, Respondent would not have the minor child,
Christopher Cunningham, at her home, located at 1713 Cedar Cliff Drive, Camp Hill,
Cumberland County, Pennsylvania, at 9:00 a.m. on Thanksgiving Day, Thursday, November 23,
2006, for Petitioner's pick-up of his son for his period of partial custody from 9:00 a.m. until
1:00 p.m. as Respondent would be at her "country home" in Perry County where Petitioner could
pick-up and drop-off the minor child if Petitioner desired to effect custody.
6.. On November 21, 2006, Petitioner was also given the "option" of retaining the
custody of his minor child for the evening of November 22, 2006 and returning the child to
Respondent's home in Camp Hill, Cumberland County, Pennsylvania on Thanksgiving Day at
1:00 p.m. Petitioner explained to Respondent he had other obligations to attend to on the
evening of November 22, 2006 after 9:00 p.m. and that the only reason Respondent was
tendering the offer to the Petitioner was for Respondent's sole benefit as Respondent opined she
was making Thanksgiving dinner at her Perry County home with her "fiancee" and would not
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make the forty-five (45) minute trip from Perry County to have Petitioner's son available in
Camp Hill at her home.
7. Petitioner delivered the minor child to Respondent's home on November 22, 2006
at 9:00 p.m.
8. Petitioner returned to Respondent's home on Thanksgiving Day at 9:00 a.m. and
waited twenty (20) minutes in the driveway of Respondent's home, both knocking on the door
and telephoning Respondent's home phone number, all to no avail.
9. Petitioner never had partial custody of his minor son on Thanksgiving Day.
10. Petitioner's minor son has been a resident of Respondent's home at 1713 Cedar
Cliff Drive since 1995 and is a student at Cedar Cliff High School.
11. Respondent has never previously advised Petitioner she was relocating to her
"fiancee's" home in Perry County, Pennsylvania.
12. Petitioner's minor son reports that Respondent is transporting him to Perry
County on the nights she has primary custody and transports him to Cedar Cliff High School
from Perry County on Monday, Tuesday, Wednesday and Friday mornings, the mornings after
which evenings Respondent has had custody.
13. Respondent is not a resident of Perry County; Respondent maintains her home in
Camp Hill; and Respondent has never sought or received approval to relocate to Perry County as
this is disruptive to the parties' minor son's relationship with the Petitioner.
14. Respondent, in the past, has defied this Court's Order resulting in fines being
assessed against her.
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WHEREFORE, Petitioner requests this Court find Respondent in contempt of its Order
and direct the Respondent to have the minor child at her home in Camp Hill, Cumberland
County, Pennsylvania available to the Petitioner at the time and hours established by this Court's
Order.
Respectfully submitted,
Date: ~2 ~ o By:
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
F:\HOME\AHE WITT\DOCS\JDC\CUSTODY\PETCNTMP. WPD
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P. O. Box 60457
VERIFICATION
The undersigned verifies that the statements contained in the foregoing are true and
correct to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification
to authorities.
Dated: ~~ Ll ~
Exhibit `P-1 "
JORDAN D. CUNNINGHAM,
Plaintiff
v.
KIMBERLY B. CUNNINGHAM,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
23 ^IVIL 1993
IN RE: CUSTODY AGREEMENT
ORDER OF COURT
AND NOW, this 19th day of May, 1994, upon
consideration of the custody Court in the above-captioned
matter, and by agreement of counsel and the parties reached and
dictated in open Court, it is ordered and directed as follows:
1. The parties will share legal custody of the minor
children, Christopher, Jared, and Benjamin, with primary
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and primary physical custody of Benjamin to be in the father.
2. The parties shall have part-~.al custody rights as
follows:
a. The mother shall have partial custody rights
as to Benjamin each Wednesday from a time to be determined by
the parent receiving the child untie. 9:00 p.m.
1
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b. Father shall have partial custody rights as
to Jared and Christopher each Tuesday and Thursday in the
afternoon, at a time to be determined by the father until
9:00 p.m.
. c. The parent exercising the partial custody
rights shall provide all transportation. Mr. Cunningham shall
provide all of the transportation to and from his periods of
partial custody, including picking someone up at day-care to and
frcm their periods of custuuy with Benjamin.
d. During the summer, father shall have Tuesday
overnight with Jared and mother shall have Wednesday overnight
with Benjamin.
e. The parties shall alternate the following
major holidays: the 4th of July, Labor Day, Columbus Day,
President's Day, and Memorial Day. The first alternating
holiday shall be the 4th of July, which will be the father's
holiday. The holiday shall include the weekend, with the
exception of the 4th of July, when it falls on a Tuesday,
Wednesday or Thursday; the visit on those days will be from
f. Neither parent shall have more than two
consecutive weekends with the children. In the event the
holiday weekend falls on the second consecutive weekend of the
parent, the alternating sched.uie will rotate from the holiday
weekend.
g. Mother's Day shall be with mother and
Father's day shall be with father, regardless of the weekend
sci~e~?uie, from 9:00 a.m. until 9:00 p.m.
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h. The parties will divide Easter and
Thanksgiving equally, with the father having the children from
9:00 a.m. until 1:00 p.m. on each of those holidays, and the
mother from 1:00 p.m. until 9:00 p.m., where appropriate.
i. The father will have all three children from
noon Christmas Eve day until 11:00 p.m. and again from the 26th
of December at noon until the 29th at 9:00 p.m.
j. As to Jared and Benjamin, in the summer each
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parant ~a31' have a i"~gtzt of ~hi`^E ~c~~r,.;.t~ -ra~~3';~ of ~ar~ia~
custody with the appropriate child not in their custody. The
week shall include one of the parents' weekends. As to
Christopher, in the summer the father shall have two separate
weeks of partial custody under those same conditions.
k. Father shall give mother notice of the two
weeks as to Christopher and three weeks as to Jared and mother
will be required to give .the same notice as to Benjamin.
1. As to the summer of 1994, the parties will
each submit to the other their requested weeks by Friday,
June 3, 1994.
~ ,,
J. Wesley Ole r.,
ohn J. Connelly, Jr., Esquire
Counsel for the Plaintiff
Paul J. Esposito, Esquire
Counsel for the Defendant
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CERTIFICATE OF SERVICE
I do hereby state that on the day of December, 2006, I served a true and correct copy
of the foregoing in the captioned matter, by placing the same in the United States mail, first-
class, postage prepaid, in Harrisburg, Pennsylvania, addressed to:
Stephen J. Anderer, Esquire
1600 Market Street
Suite 3600
Philadelphia, PA 19103
Kimberly B. Cunningham
1713 Cedar Cliff Drive
Camp Hill, PA 17011
A a . Hewi
Legal Secretary
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JORDAN D. CUNNINGHAM
PLAINTIFF
V.
KIMBERLY B. Ci_TNNINGHAM
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
• 93-23 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, January 02, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that panties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 24, 2007 at 11:00 AM
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
ifs this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunday, Esq. Il~
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, Petmsylvania 17013
Telephone (717) 249-3166
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JORDAN D. CUNNINGHAM
Plaintiff
vs. :
KIMBERLY B. CUNNINGHAM
Defendant
,FEB 16 2aai~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
93-23 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this r6 ~ day of t~e~, 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated May 19, 1994 shall continue in effect.
2. Unless otherwise agreed in advance between the parties, all exchanges of custody shall take
place at each of the parties' residences in Camp Hill.
cc: Jordan D. Cunningham, Father
Kimberly B. Cunningham-Moss, Mother ~`'' ~°`'e`~ a ~ ,~~.o ~
BY THE COURT,
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JORDAN D. CUNNINGHAM
Plaintiff
vs.
KIMBERLY B. CUNNINGHAM
Defendant
Prior Judge: J. Wesley Oler, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
93-23 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
Christopher Cunningham July 17, 1991
Mother
2. A custody conciliation conference was held on February 8, 2007, with the following
individuals in attendance: the Father, Jordan D. Cunningham and the mother, Kimberly B.
Cunningham-Moss. Neither party is represented by counsel in this matter.
3. The parties agreed to entry of an Order in the form as attached.
j'--Pte,-z~c.~,~ /a _ ,~r~ -7
Date Dawn S. Sunday, Esquire
Custody Conciliator
JORDAN D. CUNNINGHAM, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
. PENNSYLVANIA
v.
NO.: 23 CIVIL 1993
KIMBERLY B. CUNNINGHAM,
Defendant CIVIL ACTION -LAW
CUSTODY
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the above named Plaintiff, Jordan D. Cunningham, who petitions this
Honorable Court for Emergency Relief based upon the following:
1. Plaintiff, Jordan D. Cunningham, an adult individual who resides at 340 Equus
Drive, Camp Hill, York County, Pennsylvania.
2. Defendant, Kimberly B. Hill, formerly Kimberly B. Cunningham, who resides at
1713 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are formerly husband and wife have been divorced by
decree of the Court of Common Pleas of Cumberland County Pennsylvania..
4. Plaintiff and Defendant are the natural parents of a minor child, Christopher K.
Cunningham, born July 17, 1991.
5. Plaintiff and Defendant are subject to an Order of Custody entered by this Court
and modified on several occasions setting forth primary custody of the minor child with the
Defendant with Plaintiff having partial rights of custody two (2) weeknights per week and every
other weekend, together with additional periods of visitation for holidays and vacations.
6. Defendant advised Plaintiff in April of 2007 that she intended to remove herself
from Cumberland County and move to the Perry County home of her then-fiancee, now husband,
during the summer of 2007.
7. Defendant indicated to the Plaintiff that it was not her intent to take the parties'
minor child with her when she relocated to Perry County but, instead, was either going to enroll
the minor child in Carson Long Military School in New Bloomfield, Pennsylvania or, in the
alternative, allow Plaintiff to have primary physical custody of the minor child.
8. Plaintiff, upon receiving the Defendant's comments, advised the Defendant he
would be willing to assume primary custody of the parties' minor child.
9. On May 18, 2007, Plaintiff forwarded to Defendant a proposed Custody
Stipulation which in effect reversed the periods of partial and primary custody as between the
parties.
10. On May 21, 2007, Defendant advised Plaintiff by email that she would not agree
to the proposed Stipulation and wanted something "far less formal".
11. Defendant stated that one of the reasons she desired flexibility in visitation was so
that she could accommodate the minor child when he had a heavy work load at school or evening
work hours.
2
12. Plaintiff contacted the Defendant and advised her that he was requesting that she
put her thoughts in writing concerning her version of periods of partial custody so that serious
discussions could be undertaken.
13. Between May 21, 2007 and July 13, 2007, Plaintiff received no reply to his
request that Defendant put her concept of periods of partial custody in a written form.
14. On or about July 1, 2007, Defendant placed a "For Sale" sign in the yard of her
home located at 1713 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania and
advertisements in the Patriot News Newspaper advertising an open house on July 9, 2007.
15. On July 13, 2007, Plaintiff again requested Defendant to place her concept of her
periods of partial custody to be included in a Stipulation and again provided her the same
Stipulation he had provided her on May 18, 2007 as a template.
16. On July 16, 2007, Defendant, instead of forwarding a proposal of partial custody
in writing, corresponded with Plaintiff, complaining that he would not discuss the issue of her
periods of partial custody in a reasonable fashion.
17. On May 21, 2007, Defendant had indicated to Plaintiff that she was going to
retain custody of the parties' minor child through the summer and upon her return from vacation
on August 19, 2007, the parties' minor child would begin to move his items of personality to
Plaintiff's home, giving both the minor child and Plaintiff two (2) weeks to transition prior to the
beginning of the school year.
18. Defendant has not filed a complaint seeking leave of Court to relocate and remove
her residence from the jurisdiction of Cumberland County and to move to Perry County.
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19. Defendant resides in the West Shore School District and is serviced by Cedar
Cliff High School, the same school which the parties' minor child has attended for the past two
(2) years.
20. The 2007/2008 school year begins during the fourth (4~') week of August, 2007
and without formal Order of Court, Plaintiff would be exposed to claims of contempt of Court if
he were to accept custody of the minor child without a formal Court Order.
21. Plaintiff seeks an Order to confirm and continue the status quo of the custody of
the minor child and an Order directing the Defendant not to remove herself and the minor child's
residence from the jurisdiction of Cumberland County until such time as this matter may be
addressed by a conciliator or heard by this Court.
22. Plaintiff leaves the entry of a Proposed Order as set forth in Paragraph 22 above
will prevent any party from unilaterally modifying the minor child's schedule with both parents
during the pendency of the custody litigation.
WHEREFORE, Plaintiff, Jordan D. Cunningham, prays this Honorable Court to enter an
Interim Order in the form attached hereto to preserve the existing custody arrangement until this
matter can be properly addressed and resolved by the
Dated: July~O , 2007 By:
& CHERNICOFF, P.C.
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
Facsimile: (717) 238-4809
Email: jcunningham(a~cclawpc.com
F:\E-Iome\AHEWITT\DOCSUDC\CUSTODY\PETITION FOR EMERGENCY RELIEF.wpd
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CERTIFICATE OF SERVICE
I do hereby state that on the day of July, 2007, I served a true and correct copy of the
foregoing in the captioned matter, by placing the same in the United States mail, first-class,
postage prepaid, in Harrisburg, Pennsylvania, addressed to:
Kimberly B. Hill
1713 Cedar Cliff Drive
Camp Hill, PA 17011
Angela L. Hewitt
Legal Secretary
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JORDAN D. CUNNINGHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
KIMBERLY B. CUNNINGHAM,:
Defendant NO. 93-0023 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR
EMERGENCY RELIEF
ORDER OF COURT
AND NOW, this 27`" day of July, 2007, upon consideration of Plaintiff s Petition
for Emergency Relief, it is ordered and directed that the matters raised in the present
petition shall be referred to the conciliation process and the Court Administrator is
directed to facilitate this process.
~dan D. Cunningham, Esq.
2320 North Second Street
Harrisburg, PA 17110
Plaintiff
~mberly B. Hill J
1713 Cedar Cliff Drive
Camp Hill, PA 17011
Defendant, pro Se
Court Administrator-~~
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BY THE COURT,
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ki "t ~ ~ ~1t3 L~ ~i li ~~lli~
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JORDAN D. CUNNINGHAM IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
• 93-0023 CIVIL ACTION LAW
KIMBERLY B. CUNNINGHAM
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Friday, August 03, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 22, 2007 ____ at 10:00 AM
for aPre-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 f'or entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunday, Esg.
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 UO 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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`AUG 8720010+
JORDAN D. CUNNINGHAM
Plaintiff
vs.
KIMBERLY B. CUNNINGHAM
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
93-0023 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of ~ ~ ~ ~ s~ 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. All prior Orders of this Court in this matter are vacated and replaced with this Order.
2. The Mother, Kimberly B. Hill, and the Father, Jordan D. Cunningham, shall have shared
legal custody of Christopher Cunningham, born July 17, 1991. Major decisions concerning the Child
including, but not necessarily limited to, his health, welfare, education, religious training and
upbringing shall be made jointly by the parties after discussion and consultation with a view towazd
obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the
other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the
affections of the Child from the other party. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the pazent having physical custody of the
Child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her as
soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute.
3. The Father shall have primary physical custody of the Child.
4. The Mother shall be entitled to have custody of the Child on alternating weekends from
Friday after school, but no later than 6:00 p.m., through Sunday at 6:00 p.m. The alternating weekend
schedule shall begin with the Mother having custody of the Child on Labor Day weekend. The Mother
may also have periods of custody with the Child during weekday evenings when the Child does not
have school or other commitments and as arranged by agreement between the parties.
5. The parties agree that it is their intention to maintain substantial flexibility with regazd to the
partial custody arrangements and recognize that to do so will require ongoing communication between
the parties and consideration and respect in providing adequate notice for planning purposes. The
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parties agree that it is their intent to adjust this schedule to accommodate the Child's academic needs,
school activities, social events (including special family gatherings) and the Child's employment
commitments. All changes to the regular partial custody schedule shall be made between the parties,
whenever possible by the Wednesday preceding the weekend to be adjusted. In the event of an
adjustment to exchange times, the parties shall ensure that the Child has appropriate supervision. The
Mother shall notify the Father as soon as possible of any delay necessitated by unavoidable
circumstances such as weather or traffic conditions in picking up or returning the Child to the Father's
residence.
6. The parties shall shaze having custody of the Child on holidays as follows:
A. Christmas: In every yeaz, the Mother's period of custody with the Child for the
Christmas holiday shall run from Christmas Eve between 10:30 p.m. and 11:00 p.m. through
December 30 at 6:00 p.m. The Father shall have custody of the Child on December 24 until between
10:30 p.m. and 11:00 p.m., when the Mother's period of custody begins.
B. Thanksgiving: In every yeaz, the Father shall have custody of the Child for
Thanksgiving Day until 7:00 p.m. and the Mother's period of custody shall run from no earlier than
7:00 p.m. through the following Sunday evening at a time to be arranged by agreement between the
parties.
C. Easter: In even numbered yeazs, the Father shall have custody of the Child for
Easter Sunday from 9:00 a.m. unti17:00 p.m. In odd numbered yeazs, the Mother shall have custody
of the Child for the Easter weekend from Friday through Easter Sunday, which shall be considered as
an alternating weekend period of custody for the Mother.
D. Memorial Day/Labor Day: In odd numbered yeazs, the Father shall have custody of
the Child for Memorial Day and the Mother shall have custody on Labor Day. In even numbered
yeazs, the Mother shall have custody of the Child for Memorial Day and the Father shall have custody
for Labor Day. The specific times for exchanges under this provision shall be arranged by agreement
between the parties.
E. Columbus Day/Dr. Martin Luther Kin , Jg r=Dav/ Presidents' Dav: In every yeaz,
the Mother shall be entitled to have custody of the Child over the Columbus Day weekend, Dr. Martin
Luther King, Jr. Day weekend and Presidents' Day weekend from Friday after school no later than
6:00 p.m. through the Monday holiday at 6:00 p.m.
F. Mother's Day/Father's Dav: In every year, the Mother shall be entitled to have
custody of the Child for Mother's Day weekend from Friday after school no later than 6:00 p.m.
through Sunday at 7:00 p.m. The Father shall have custody of the Child every Father's Day weekend.
G. The Holiday custody schedule shall supersede and take precedence over the regular
custody schedule.
7. Each party shall be entitled to have up to three (3) weeks of uninterrupted vacation custody
with the Child each yeaz, which shall be divided into periods of not more than 14 consecutive days, nor
less than five (5) consecutive days in length. The parties may modify the vacation schedule by
agreement to accommodate special circumstances in accordance with the parties' intention to maintain
flexibility in promoting the Child's best interests. Each party shall provide at least 10 days advance
notice to the other party of vacation dates. The party providing notice first shall be entitled to
preference on his or her selection of vacation dates. Notwithstanding the foregoing, each party shall
notify the other of any anticipated travel with the Child outside of the United States at least.45 days in
advance. Any pazent intending to travel with the Child outside the United States shall obtain in
advance any consents/ acknowledgments required by the Department of State regarding the other
parent's permission for removal of the Child from the country. Parental consent for such travel shall
not be unreasonably withheld by either party. In the event either party travels with the Child either
within or outside the United States, that pazent shall provide the other pazent with a telephone number
where the Child can be contacted. The traveling parent shall notify the other parent of any
unanticipated delays due to unforeseen circumstances.
8. Each parent shall be entitled to have liberal and reasonable telephone contact with the Child.
Neither party shall restrict the Child from initiating telephone contact with the other pazent.
9. The Mother shall provide transportation for all exchanges of custody, unless otherwise
agreed between the parties.
l0. The pazties agree that neither party shall initiate legal proceedings attempting to hold the
other pazent in contempt with regazd to the primary or partial physical custody schedule for at least a
period of six (6) months following the date of this Order, during which time either pazty may contact
the Conciliator to schedule an additional custody conciliation conference to address any concern
regarding compliance with the physical custody schedule.
11. 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.
cc~imberly B. Hill, Mother a
~d'brdan D. Cunningham, Father
BY THE COURT,
~AUG ,~ 7 2007
JORDAN D. CUNNINGHAM
Plaintiff
vs.
KIMBERLY B. CUNNINGHAM
Defendant
Prior Judge: J. Wesley Oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
IN CUSTODY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
93-0023 CIVIL ACTION LAW
1. The pertinent information concerning .the Child who is the subject of this litigation is as
follows:
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Christopher Cunningham July 17, 1991
Father
2. A custody conciliation conference was held on August 22, 2007, with the following
individuals in attendance: the Father, Jordan D. Cunningham and the Mother, Kimberly B. Hill,
formerly Cunningham. Neither party is represented by counsel in this matter. At the request of the
parties and in light of the specific circumstances, the Conciliator spoke briefly with the Child, who is
16 years of age.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire
Custody Conciliator