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HomeMy WebLinkAbout02-3092EDWARD D. FOX, Plaintiff BARBARA ELLEN NEIL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- .~ c, q ~-. CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S COMPLAINT TO CONFIRM CUSTODY 1. Plaintiff is Edward D. Fox, Jr., an adult individual currently residing at 926 Nixon Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Barbara Ellen Neil, an adult individual currently residing at 13 Ritner Gardens, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the child, Brittany Ann Fox, who was bom on August 31, 1994. The child was born out of wedlock. Since the child's birth, the child has resided with the following persons at the following addresses for the following periods of time: The child has resided with the parties at various lengths of time at various addresses. 4. The relationship of the Plaintiff to the child is that of father. He is married and living separately. The Plaintiff currently resides with the following: Name Relationship Vickie Fox Wife Richard Kams Step-son Jessica Kams Step-daughter Hannah Fox Daughter 5. The relationship of the Defendant to the child is that of mother. living separately. The Defendant currently resides with the following: Name Relationship Daniel V. Neil, Jr. Son Brittany Ann Fox Daughter She is single and 6. The parties were involved in a Protection From Abuse Order dated December 21, 2000 in which custody of Brittany Ann Fox was covered, a copy of which is attached hereto as Exhibit "A." 7. The Plaintiffhas no information ora custody proceeding concerning the child pending in any other court. 8. The best interest and permanent welfare of the child will be served by granting custody to Plaintiffbecause: he is best able to provide a stable and nurturing environment for his daughter. 9. Plaintiff.does not know o£any person not a party to these proceedings who claims to have custody or visitation rights with respect to the child. WHEREFORE, Plaintiff.requests your Honorable Court to set a time and place for a hearing at which Plaintiff.requests the Court to grant him the Custody Order. Pending said hearing, Plaintiff requests temporary custody. Date: June 27, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Will[ires, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs EDWARD FOX JR., PLAINTIFF VS. DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERL~ COUNTY, PENNSYLVANIA NO. 2000- 8'~ 5 V CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY NOTICE OF l~E6RING AND ORDER YOU HAVE BEEN SUED IN COURT. l/you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. //you fail to do so, the case may proceed against you and a FINAL Order may be emered against you granting the relief requested in the Petition. In particular, you may be evicted fi.om your residence and lose other important rights.  H~. ARING ON Tins MATTER IS SCIIEDULED ON ~ &8, Jll~lT X. OO ~.M., ~ COURTROOM NO. ~ OF THE CUMBERLAND CO~Y CO~THOUSE, C~ISLE, PEnSiVe. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. I/you disobey this Order, the police may arrest you~ Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 PmC.S. {}6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enfomeable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. I/you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262. ~ You should take th. is paper to your 1 .a. wyer at once. You ha.ye the fight to have a lawyer resent you at the hearing. The court will not, however, appoint a lawyer for you. If you (~%ot have a lawyer or cannot afford one, go to or telephone the office set forth below to f'md here you can get legal help. If you cannot find a lawyer, you may have to proceed lout one. ~ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. Ail 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. EXHIBIT "A" Barbara Ellen Nell Plaintiff V. Edward D. Fox Jr. Defendant : IN THE COURT OF COMlVION : PLEAS OF · CUMBERLAND COUNTY PENNSYLVANIA No. CML ACTION - LAW PRO ¢ o USE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Edward D. Fox Jr. Defendant's Date of Birth is: January 23, 1972 Defendant's Social Security Number is: 198-56-5329 Name(s) of All protected persons, including Plaintiffand minor children: 1. Barbara Ellen Nell Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 13 Rimer Gardens Shippensburg, PA 17257 or any other p~manent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiffis granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. PIaintiflas place of employment located at Penske Logistics, 1485 W. Commerce Avenue, Carlisle, Pennsylvania. 4. Except for such contact with the minor child/ren as may be p~m~itted under paragraph $ of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through th/rd persons. 5. Pending the outcome of the final hearing in this matter, Plaintiffis awarded temporary custody of the following minor child/ran: 1. Brittany Ann Fox Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary physical and legal custody of the minor child. Defendant shall have parti~! custody of the minor child at times agreed upon between the parties. Plaintiff shall drop off the child at Defendant's mother's residence for Defendant's period of custody and pick up the child at Defenclant*s mother*s residence at the end of Defendant's period of custody. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiffin accordance with the terms of this Order. 6. Defendant shall immediately relinquish any firearms license the Defendant may possess, and the following weapons to the Sheriffs Office or a designated local law e~xforcement agency for delivery to the Sheriffs Office:· 1. Any and all firearms, shotguns, and rifles, including but not limited to the following: 30 ott 6 2. 20 gauge pump 3. 12 gauge pump 4. 410 shotgun 5. 7or 8mm rifle 6. 303 British 7. muzzle loader 8. 22 Defendant is'prohibited fi-om possessing, transferring or acquiring any other firearms license or weapons for the duration of this order. 7. The following additional relief is granted: The Cumberland County Sheriff% Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school dis~'icts shall not disclose the presence of Plaintiff and/or the child/ren in the jurisdiction or district or furnish any address, telephone number, or any other demographic information about Plaintiff and/or child/ren except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date ff the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff and/or minor child/ten. Defendant is required to relinquish to the sheriff any firearm license Defendant may possess. Defendant's weapons and firearm license may be returned at the expiration of the Protection Order after Defendant has submitted a written request to the Court for the return of the weapons and the Court has notified Plaintiff of the request and given Plaintiff an opportunity to respond. A copy of this Order shall be transmitted to the chief or head of the police department of the Pennsylvania State Police and the sheriff of Cnmberland County. Defendant is enjoined from dama~ng or destroying any property owned jointly by the parties or owned solely by Plaintiff. Defendant is to refrain from harassing Plaintiff's relatives. 8. A certified copy of this Order shall be provided to the police department where Plalntiffresides and any other agency specified hereafter: Pennsylvania State Police-Carlisle Barracks 9. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 21, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO ~ DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plalntiffto Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa~C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under thc Violence Against Women Act, 18 U.S.C. § §2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintift's residence OR any location where a violation of rids order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 6 of this Order, defendant shall be arrested on the charge of/ndireet Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is ex)mt-ted in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order oft/tis court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT: / .,., · '~-- ~"'- ''~ff Judge' Date Distribution to: Legal Services Faxed & Mailed to PSP TRUE COPY FROM RECO Barbara Ellen Nell Plaimiff V. Edward D. Fox Jr. Defendant PFAD Number: FY1175287P : IN THE COURT OF COIVIMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : No. CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE I. Plaintiffs name is: Barbara Ellen Neff 2. I, (the Plaintiff), am filing this Petition on behalf of: - myseff 3. Name(s) °f ALL person(s), including minor children, who senk protection from abuse. a. Barbara EHen Neff 4: Plaintiffs Address is: 13 Rimer Gardens, Shippensbur~ PA 17257 5. Defendant's Name is: Edward D. Fox Jr. 6. Defendant's address is: ~ulknown. 7.' Defendant's Social S~curity Number is: 198-$6-5329 8. Defendant's Date ofBfi~h ~s: January 23, 1972 9. Defendant's Place of employment is: Lear Corporation Carlisle 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Parents of the same children Current or former sexual/intimate partner 12. The defendant has been involved in n criminal court action. 13. The defendant is not currently on probation / parole 14. Plaintiff and Defendant are the parents of the following minor child/rea: a. Brittany .Ann Fox Age:6yrs 4mos Child's address is: 13 Rimer Gardens, Shippensburg, PA 17257 15. Plaintiffis seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: ao Brittany Ann Fox For the past 5 years, tiffs child has lived with: December 15, 2000 to Present- 13 Rimer Gardners Shlppensburg- Plaintiff and Daniel NeLl, Jr. April 1997 to December 15- 13 Ritner Gardens Shippensburg - Plaintiff, Daniel Neff,Jr. (pl's son) and Defendant. August 1994 to April 1997- 127 Meadow Drive Shippensburg - Plaintiff, Danefl Neff, Jr., and Defendant 16. The following other n~nor child/rea presently live with Plaintiff.' Daniel Lee Nell Jr. Age: 12 yrs old The Plaintiffs relationship to this child is: mother 17. The facts of the most recent incident of abuse are as follows: On or about December 17, 2000, Defendant told Plaintiff'that she would go up in smoke. This caused Plaintiff to reasonably fear that Defendant was going to burn down the residence. 18. 19. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/rea, (including any threats, injuries, or incidents of stalking) are as follows: On or about December 15, 2000, Defendant came to the residence and Plaintiff asked him to leave. Defendant stated he was not leaving without the child and gtU~eed.the, ehfld ,out .of th_e. bed. Whe. n Plaintiff attempted to.get the child back, nannt punched me rlalnflff twice in the stomach. %Vhen Plaintiff attempted to leave the room, Defendant pinned her by her neck with his arm against the bunk beds. Plaintiff rnn out of the room to get to the phone and the Defendant followed her and pulled the phone out of the wail Defendant then grabbed the phone from Plaintiff and took out the batter/es. Plaintiff went to the other phone and Defendant followed her nnd pulled the jack out of the wMl ennsing It to break. Defendant continued to follow Plaintiff, blocked the door way so she could not leave and pushed her down. Plaintiff ran to the bedroom with the child, shut and locked the door, and crawled oat the window, and went to the neighbors to cml the police. Defendant realized what happened and broke the bedroom door to get in. When Defendnnt saw Plaintiff going to the neighbors, he left the residence. The State Police issued a Citation for Harassment to Defendant. On or about December 13, 2000, Defendnnt slapped the Plaintiff across the face and esr several times causing it to become red and swollen. Defendant pulled Plaintiff by her halF, kicked her several times, and pushed heF around. Defendant stomped on the Pininti~s stomach and pelvic area with his foot and threatened to kill heF. This eansed Plaintiff substantial pain and reasonable fear of imminent serious bodily injury. n or about December 6, 2000, Defendant grabbed Plaintiff by the throat, slammed her up against something, grabbed her nipples and squeezed them until Plaintiff went back into the bedroom xvith him. Defendant pryed apart Plaintiff's legs, and when Plaintiff said no and resisted, Defendant dug his finger nails into her thighs and threatened that ff she tried to shut them aguln, he would take out hunks of her flesh. At that point, Defendant proceeded to rape Plaintflf. This caused Plaintiff substantial pain and reasonable fear of imminent serious bodily injury. On various oeeasious since 1993, Defendant has slapped, pushed, and ehoked Plaintiff until she felt as if she were going to pass out. On several occasions, Defendant has also pinned Pinintiffin a corner and hither about the face and head. In November 1998, Defendant severely beat Plaintiff and told her she was going to die a slow and painful death. Defendant has also threatened to shoot Plaintiff. This caused Plaintiff reasonable fear of imminent serious bodily injury because Defendant possessed various firearms. The Defendant has used, or threatened to use, the following weapon(s) against the Plaintiff or the minor child/rem a. Any and aH f'n'earms, shotguns, and rifles to include, but not limited to the following:30 odd 6 b. 20 gauge pump c. 12 gauge pump cl. 410 shotgun e. 7or 8mm rifle £ 303 British g. muzzle loader h. 22 20. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Pennsylvania State Police-Carlisle Barracks 21. There is an immediate and present danger of further abuse from__the Defendant. 22. Plaintiffis asking the court to evict and exclude the Defendant fi~m the t'ollowing residence: 13 Rimer Gardens Shippensburg, PA 17257 Owned By: Clarence Clever (PlaintifFs father) Rented By:Barbara Neil & Edward Fox,Jr. 23. FOR TI~ REASONS SET FORTH ABOVE, ! REQUEST THAT TI:FI~ COURT ENTER A TEMPORARY ORDER, and AFTER I~ARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stymieing Plaintiff and/or minor child/rea in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or p=~manent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor child/rea and place the following reslrictious on contact between Defendant and child/ren: Plaintiff shall have primary and physical custody. Defena~nt shall have partial custody of the minor child at times mutually agreed upon by the parties. Plaintiff shall drop off the child at Defendant)s mother's residence for biz period of custody and shall pick up the child at Defendant's mother's residence after Defendant's period of custody. d. Prohibit Defendant from having any contact with Plaintiff and/or minor child/rcn, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ten. e. Order Defendant to temporarily turn over w~apon~ to the Sheriff of this County and prohibit Defendant from Wansferring, acquiring, or possessing any such weapons for the duration of the Order. f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: ~efendant sh~Jl not harass Plaintiff's relatives. Defe.n. dant shall not damage or destroy any pro e Plantiff. p rty owned by Defendant shnll pay $250.00 to one of Legal Serviees, Inc. funding sources as reimbursement for litigation in this ease. Order the police or other law e~forcement agency to"serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will/nform the designated authority of any addresses, other than the Defendant's residence. where Defendant can be served.- 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and sta[ements, c. ontaine~..in the above Petition are tree and correct to the best of ra kn unaerstand that any raise statements are .,,~a_ _ ~_. . ..... Y owledg¢. I to unswom falsification to authorities. '~'""~ ~uoject to me penalties of 18 Pa.C.S. §4904, relating Barbara Neii, Plaintiff VERIFICATION The foregoing Complaint to Confirm Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penaltie~,~ ~/Z / ? EDWARD D. FOX PLAINTIFF V. BARBARA ELLEN NEIL DEFENDANT IN CUSTODY : ORDER OF COURT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-3092 CIVIL ACTION LAW AND NOW, Wednesday, July 03, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 24, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Is/ ]acqueline M. Verney, Esq. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JUL 2 5 EDWARD D. FOX, Plaintiff V. BARBARA ELLEN NELL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 2002-3092 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT · ANDNOW, this Z~" dayof ~/ud~ ,2002, upon consideration of the attached Custody Conciliatign Report, it is ordered and directed as follows: 1. The Father, Edward D. Fox, and the Mother, Barbara Ellen Neil, shall have shared legal custody of Brittany Ann Fox, bom August 31, 1994. 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 her health, education and religion. 2. Mother shall have primary physical custody of the Child. 3. Father shall have periods of partial physical custody as follows: A. Beginning July 28, 2002 at 10:00 a.m. until August 16 at 6:00 p.m. During this period Mother shall have physical custody on alternating weekends from Friday at 7:45 p.m. to Sunday at 6:00 p.m. (Because there are only two additional weekends from July 28 to August 16, Mother will either have the weekend of August 2 or August 10, as agreed by the parties.) B. The week of August 16 to August 25, 2002 shall be split by the parties with the transfer occurring midpoint at the shore. C. During the school year, Father shall have physical custody of the Child on alternating weekends from Friday at 3:30-4:00 p.m. to Sunday at 6:00 p.m. In the event the Child is off from school on a Monday that coincides with Father's alternating weekend, Father shall have an additional overnight with the Child until Monday at a time agreed by the parties. D. For summer vacation beginning in 2003 and continuing thereafter, Father shall have physical custody of the Child beginning one week after school concludes to one week before school begins. During the summer, each party shall also be entitled to one full, uninterrupted week, provided they notify the other party by May 1 of each year. Mother shall be entitled to ¥1N'?A'lt, SNN~d alternating weekends during the summer from Friday 7:45 p.m. to Sunday at 6:00 p.m. Holidays: A. Mother's Day/Father's Day: Mother shall have physical custody of the Child on Mother's Day from 9:00 a.m. to 6:00 p.m. Father shall have physical custody of the Child on Father's Day from 9:00 a.m. to 6:00 p.m. B. Thanksgiving: The Thanksgiving holiday shall be divided into two Blocks. Block A shall run from after school on Wednesday to Saturday at 2:00 p.m. Block B shall mn from Saturday at 2:00 p.m. to Monday at 2:00 p.m. Father shall have Block A in even ntunbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. C. Christmas: The Christmas holiday shall be divided into two Blocks. Block A shall mn from the after school the day Christmas break begins to Christmas Day at 12:00 noon. Block B shall mn from Christmas Day at 12:00 noon to the day before school resumes at a time agreed by the parties. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. Other Holidays: The following Holidays shall alternate from year to year: Easter, Memorial Day, July 4th, Labor Day. Mother shall have Easter and July 4th in even numbered years and Memorial Day and Labor Day in odd numbered years. Father shall have Easter and July 4th in odd numbered years and Memorial Day and Labor Day in even numbered years. 5. Neither party shall remove the Child from the jurisdiction without prior notice to the other party of the location, address and telephone number. 6. Transportation shall be shared such that the receiving party shall transport the Child. Father shall pick up the Child at her home. Mother shall pick up the Child at the Carlisle Plaza Mall, unless otherwise agreed by the parties. 7. Father and Mother will notify each other of all medical care the Child receives while in that parent's care. Father and Mother will notify the other immediately of medical emergencies which arise while the Child is in that parent's care. 8. Neither parent will do anything nor permit a third party to do anything which may estrange the Child from the other party, or injure the opinion of the Child as to the other parent or which may hamper the free and natural development of the Child's love and respect for the other parent. 9. 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. Thomas J. Williams, Esquire, Counsel for F Nathan Wolf, Esquire, Counsel for Mother BY THE COURT, J. EDWARD D. FOX, Plaintiff BARBARA ELLEN NELL, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-3092 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 Brittany Ann Fox DATE OF BIRTH August 31, 1994 CURRENTLY 1N CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on July 24, 2002, with the following individuals in attendance: The Father, Edward D. Fox, with his counsel, Thomas J. Williams, Esquire and the Mother, Barbara Ellen Neil, with her counsel, Nathan Wolf, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date 0/acq(-~line M. Vemey, Esquire O Custody Conciliator